Anakin v. Contra Costa Regional Medical Center et al

Filing 50

ORDER by Magistrate Judge Maria-Elena James granting 49 Stipulation for Protective Order for Standard Litigation. (rmm2S, COURT STAFF) (Filed on 7/11/2016)

1
2
3
4
5
6
7

KAMALA D. HARRIS
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General
DANIEL B. ALWEISS
Deputy Attorney General
State Bar No. 191560
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants L. Eatchel and J. Jackson

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14

YURIY ANAKIN,

Plaintiff, STIPULATED PROTECTIVE ORDER
FOR STANDARD LITIGATION

15
v.

16
17

3:16-cv-0161-MEJ

20

CONTRA COSTA REGIONAL MEDICAL
CENTERS, JOHN DOES NOS. 1 - 10,
CENTRAL MEDICAL LABORATORY,
PHLEBOTOMIST J. YOUNG, OFFICERS
LUCAS EATCHEL and J. JACKSON,
COCO DEPUTY W. ARMSTRONG,

21

Defendants.

18
19

Courtroom:
Judge:
Trial Date:
Action Filed:

8, 19th Floor
Hon. William Alsup
TBA
June 24, 2015

22
23
24

1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

25

confidential, proprietary, or private information for which special protection from public

26

disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

27

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

28

Protective Order. The parties acknowledge that this Order does not confer blanket protections on
1
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

all disclosures or responses to discovery and that the protection it affords from public disclosure

2

and use extends only to the limited information or items that are entitled to confidential treatment

3

under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,

4

below, that this Stipulated Protective Order does not entitle them to file confidential information

5

under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the

6

standards that will be applied when a party seeks permission from the court to file material under

7

seal.

8

2.

DEFINITIONS

9

2.1

Challenging Party: a Party or Non-Party that challenges the designation of information or

10
11

items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

12

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

13

of Civil Procedure 26(c), including but not limited to, all peace officer personnel records.

14
15
16
17
18

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or items that

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure or Discovery Material: all items or information, regardless of the

19

medium or manner in which it is generated, stored, or maintained (including, among other things,

20

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

21

responses to discovery in this matter.

22

2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to

23

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

24

consultant in this action.

25
26
27
28

2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

2

action but are retained to represent or advise a party to this action and have appeared in this action

3

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

4
5

2.10

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

6
7

Party: any party to this action, including all of its officers, directors, employees,

2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

8

2.12

Professional Vendors: persons or entities that provide litigation support services

9

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

10

organizing, storing, or retrieving data in any form or medium) and their employees and

11

subcontractors.

12
13

2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

14

2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

15

Producing Party.

16

3.

SCOPE

17

The protections conferred by this Stipulation and Order cover not only Protected Material

18

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

19

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

20

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

21

However, the protections conferred by this Stipulation and Order do not cover the following

22

information: (a) any information that is in the public domain at the time of disclosure to a

23

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a

24

result of publication not involving a violation of this Order, including becoming part of the public

25

record through trial or otherwise; and (b) any information known to the Receiving Party prior to

26

the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained

27

the information lawfully and under no obligation of confidentiality to the Designating Party. Any

28

use of Protected Material at trial shall be governed by a separate agreement or order.
3
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

4.

DURATION

2

Even after final disposition of this litigation, the confidentiality obligations imposed by

3

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

4

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

5

claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

6

the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

7

including the time limits for filing any motions or applications for extension of time pursuant to

8

applicable law.

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

11

or Non-Party that designates information or items for protection under this Order must take care

12

to limit any such designation to specific material that qualifies under the appropriate standards.

13

The Designating Party must designate for protection only those parts of material, documents,

14

items, or oral or written communications that qualify – so that other portions of the material,

15

documents, items, or communications for which protection is not warranted are not swept

16

unjustifiably within the ambit of this Order.

17

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

18

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

19

unnecessarily encumber or retard the case development process or to impose unnecessary

20

expenses and burdens on other parties) expose the Designating Party to sanctions.

21

If it comes to a Designating Party’s attention that information or items that it designated for

22

protection do not qualify for protection, that Designating Party must promptly notify all other

23

Parties that it is withdrawing the mistaken designation.

24

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

25

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

26

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

27

designated before the material is disclosed or produced.

28

///
4
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

Designation in conformity with this Order requires:

2

(a) for information in documentary form (e.g., paper or electronic documents, but

3

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

4

affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a

5

portion or portions of the material on a page qualifies for protection, the Producing Party also

6

must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

7

margins).

8

A Party or Non-Party that makes original documents or materials available for inspection need not

9

designate them for protection until after the inspecting Party has indicated which material it would

10

like copied and produced. During the inspection and before the designation, all of the material

11

made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

12

identified the documents it wants copied and produced, the Producing Party must determine which

13

documents, or portions thereof, qualify for protection under this Order. Then, before producing

14

the specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each

15

page that contains Protected Material. If only a portion or portions of the material on a page

16

qualifies for protection, the Producing Party also must clearly identify the protected portion(s)

17

(e.g., by making appropriate markings in the margins).

18

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

19

Designating Party identify on the record, before the close of the deposition, hearing, or other

20

proceeding, all protected testimony.

21

(c) for information produced in some form other than documentary and for any other

22

tangible items, that the Producing Party affix in a prominent place on the exterior of the container

23

or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a

24

portion or portions of the information or item warrant protection, the Producing Party, to the

25

extent practicable, shall identify the protected portion(s).

26

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

27

designate qualified information or items does not, standing alone, waive the Designating Party’s

28

right to secure protection under this Order for such material. Upon timely correction of a
5
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

designation, the Receiving Party must make reasonable efforts to assure that the material is treated

2

in accordance with the provisions of this Order.

3

6.

4

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

5

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

6

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

7

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

8

challenge a confidentiality designation by electing not to mount a challenge promptly after the

9

original designation is disclosed.

10

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

11

process by providing written notice of each designation it is challenging and describing the basis

12

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

13

notice must recite that the challenge to confidentiality is being made in accordance with this

14

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

15

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

16

forms of communication are not sufficient) within 14 days of the date of service of notice. In

17

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

18

designation was not proper and must give the Designating Party an opportunity to review the

19

designated material, to reconsider the circumstances, and, if no change in designation is offered,

20

to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage

21

of the challenge process only if it has engaged in this meet and confer process first or establishes

22

that the Designating Party is unwilling to participate in the meet and confer process in a timely

23

manner.

24

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

25

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

26

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of

27

the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer

28

process will not resolve their dispute, whichever is earlier. Each such motion must be
6
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

accompanied by a competent declaration affirming that the movant has complied with the meet

2

and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to

3

make such a motion including the required declaration within 21 days (or 14 days, if applicable)

4

shall automatically waive the confidentiality designation for each challenged designation. In

5

addition, the Challenging Party may file a motion challenging a confidentiality designation at any

6

time if there is good cause for doing so, including a challenge to the designation of a deposition

7

transcript or any portions thereof. Any motion brought pursuant to this provision must be

8

accompanied by a competent declaration affirming that the movant has complied with the meet

9

and confer requirements imposed by the preceding paragraph.

10

The burden of persuasion in any such challenge proceeding shall be on the Designating

11

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

12

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

13

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

14

file a motion to retain confidentiality as described above, all parties shall continue to afford the

15

material in question the level of protection to which it is entitled under the Producing Party’s

16

designation until the court rules on the challenge.

17

7.

18

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

19

produced by another Party or by a Non-Party in connection with this case only for prosecuting,

20

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

21

the categories of persons and under the conditions described in this Order. When the litigation has

22

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

23

DISPOSITION).

24
25
26

Protected Material must be stored and maintained by a Receiving Party at a location and in
a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

27

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

28

information or item designated “CONFIDENTIAL” only to:
7
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

2

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

3

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

4

Bound” that is attached hereto as Exhibit A;

5

(b) the officers, directors, and employees (including House Counsel) of the Receiving

6

Party to whom disclosure is reasonably necessary for this litigation and who have signed the

7

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

8
9
10

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
reasonably necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);

11

(d) the court and its personnel;

12

(e) court reporters and their staff, professional jury or trial consultants, mock jurors,

13

and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who

14

have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

15

(f) during their depositions, witnesses in the action to whom disclosure is reasonably

16

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

17

unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

18

deposition testimony or exhibits to depositions that reveal Protected Material must be separately

19

bound by the court reporter and may not be disclosed to anyone except as permitted under this

20

Stipulated Protective Order.

21

(g) the author or recipient of a document containing the information or a custodian or

22

other person who otherwise possessed or knew the information.

23

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

24

OTHER LITIGATION

25

If a Party is served with a subpoena or a court order issued in other litigation that compels

26

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

27

must:

28

///
8
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1
2

(a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;

3

(b) promptly notify in writing the party who caused the subpoena or order to issue in

4

the other litigation that some or all of the material covered by the subpoena or order is subject to

5

this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

6

and

7
8

(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

9

If the Designating Party timely seeks a protective order, the Party served with the

10

subpoena or court order shall not produce any information designated in this action as

11

“CONFIDENTIAL” before a determination by the court from which the subpoena or order issued,

12

unless the Party has obtained the Designating Party’s permission. The Designating Party shall

13

bear the burden and expense of seeking protection in that court of its confidential material – and

14

nothing in these provisions should be construed as authorizing or encouraging a Receiving Party

15

in this action to disobey a lawful directive from another court.

16

9.

17

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION

18

(a) The terms of this Order are applicable to information produced by a Non-Party in

19

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

20

connection with this litigation is protected by the remedies and relief provided by this Order.

21

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

22

additional protections.

23

(b) In the event that a Party is required, by a valid discovery request, to produce a

24

Non-Party’s confidential information in its possession, and the Party is subject to an agreement

25

with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

26

(1) promptly notify in writing the Requesting Party and the Non-Party that some

27

or all of the information requested is subject to a confidentiality agreement with a Non-Party;

28

///
9
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

2

in this litigation, the relevant discovery request(s), and a reasonably specific description of the

3

information requested; and

4

(3) make the information requested available for inspection by the Non-Party.

5

(c) If the Non-Party fails to object or seek a protective order from this court within 14

6

days of receiving the notice and accompanying information, the Receiving Party may produce the

7

Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

8

seeks a protective order, the Receiving Party shall not produce any information in its possession

9

or control that is subject to the confidentiality agreement with the Non-Party before a

10

determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

11

burden and expense of seeking protection in this court of its Protected Material.

12

10.

13

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

14

Material to any person or in any circumstance not authorized under this Stipulated Protective

15

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

16

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

17

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made

18

of all the terms of this Order, and (d) request such person or persons to execute the

19

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

20

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

21

PROTECTED

22

When a Producing Party gives notice to Receiving Parties that certain inadvertently

MATERIAL

23

produced material is subject to a claim of privilege or other protection, the obligations of the

24

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

25

provision is not intended to modify whatever procedure may be established in an e-discovery

26

order that provides for production without prior privilege review. Pursuant to Federal Rule of

27

Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

28

communication or information covered by the attorney-client privilege or work product
10
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

protection, the parties may incorporate their agreement in the stipulated protective order submitted

2

to the court.

3

12.

4
5

MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.

6

12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

7

Order no Party waives any right it otherwise would have to object to disclosing or producing any

8

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

9

Party waives any right to object on any ground to use in evidence of any of the material covered

10

by this Protective Order.

11

12.3

Filing Protected Material. Without written permission from the Designating Party

12

or a court order secured after appropriate notice to all interested persons, a Party may not file in

13

the public record in this action any Protected Material. A Party that seeks to file under seal any

14

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

15

under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

16

issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request

17

establishing that the Protected Material at issue is privileged, protectable as a trade secret, or

18

otherwise entitled to protection under the law. If a Receiving Party's request to file Protected

19

Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the

20

Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e)

21

unless otherwise instructed by the court.

22

13.

23

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each

24

Receiving Party must return all Protected Material to the Producing Party or destroy such

25

material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

26

compilations, summaries, and any other format reproducing or capturing any of the Protected

27

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

28

submit a written certification to the Producing Party (and, if not the same person or entity, to the
11
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

2

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

3

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

4

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

6

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

7

product, and consultant and expert work product, even if such materials contain Protected

8

Material. Any such archival copies that contain or constitute Protected Material remain subject to

9

this Protective Order as set forth in Section 4 (DURATION).

10

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

11
12

Dated: July 8, 2016

LAW OFFICES OF MARK W. KELSEY

13

/s/ Mark W. Kelsey

14

MARK W. KELSEY
Attorney for Plaintiff
Yuriy Anakin

15
16
17
18

Dated: July 8, 2016

SPRINGEL & FINK LLP

19
20
21
22

/s/ Christina M. Le
CHRISTINA M. LE
Attorneys for Defendants
Central Medical Laboratory And
Jonathan Young

23
24
25
26
27
28
12
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

Dated: July 8, 2016

KAMALA D. HARRIS
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General

2
3

/s/ Daniel B. Alweiss
4

DANIEL B. ALWEISS
Deputy Attorney General
Attorneys for Defendants L. Eatchel
and J. Jackson

5
6
7
8

SHARON L. ANDERSON
County Counsel

Dated: July 8, 2016

9

/s/ NIMA E. SOHI
NIMA E. SOHI
Deputy County Counsel
Attorneys for Defendants
Contra Costa County and
Deputy W. Armstrong

10
11
12
13
14
15

PURSUANT TO STIPULATION, IT IS SO ORDERED.

S
UNIT
ED

18
DATED: ________________________
July 11, 2016

_____________________________________
United States District/Magistrate Judge

20

NO

ER

23

A

H

22

LI

RT

21

es

lena Jam

aria-E
Judge M

R NIA

19

RT
U
O

17

S DISTRICT
TE
C
TA

FO

16

N

F
D IS T IC T O
R

C

24
25
26
27
28
13
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of _________________ [print or

4

type full address], declare under penalty of perjury that I have read in its entirety and understand

5

the Stipulated Protective Order that was issued by the United States District Court for the

6

Northern District of California on [date] in the case of Anakin v. Contra Costa Regional

7

Medical Center, et. al., Case No. 3:16-cv-0161-MEJ. I agree to comply with and to be bound by

8

all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to

9

so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly

10

promise that I will not disclose in any manner any information or item that is subject to this

11

Stipulated Protective Order to any person or entity except in strict compliance with the provisions

12

of this Order.

13

I further agree to submit to the jurisdiction of the United States District Court for the Northern

14

District of California for the purpose of enforcing the terms of this Stipulated Protective Order,

15

even if such enforcement proceedings occur after termination of this action.

16

I hereby appoint __________________________ [print or type full name] of

17

_______________________________________ [print or type full address and telephone number]

18

as my California agent for service of process in connection with this action or any proceedings

19

related to enforcement of this Stipulated Protective Order.

20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
14
Stipulated Protective Order for Standard Litigation (3:16-cv-0161-MEJ)