McArdle v. AT&T Mobility LLC et al

Filing 57

ORDER re 52 GRANTING STIPULATION re Protective Order.. Signed by Judge CLAUDIA WILKEN on 8/17/09. (scc, COURT STAFF) (Filed on 8/17/2009)

1 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) 2 SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street 3 San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) Case No. CV-09-01117 (CW) ) ) ) [PROPOSED] STIPULATED ) PROTECTIVE ORDER NO. 1 ) ) ) ) ) ) ) ) ) ) ) )

11 STEVEN MCARDLE, an individual, on behalf of himself, the general public and those similarly 12 situated 13 14 Plaintiff, v.

15 AT&T MOBILITY LLC; NEW CINGULAR WIRELESS PCS LLC; NEW CINGULAR 16 WIRELESS SERVICES, INC., AND DOES 1 THROUGH 50 17 Defendants 18 19 20 21 22 23 24 25 26 27 28 1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated 2 Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 3 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied 4 when a party seeks permission from the court to file material under seal. 5 2. DEFINITIONS 6 2.1 Party: any party to this action, including all of its officers, directors, employees,

7 consultants, retained experts, and outside counsel (and their support staff). 8 2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or

9 manner generated, stored, or maintained (including, among other things, testimony, transcripts, or 10 tangible things) that are produced or generated in disclosures or responses to discovery in this 11 matter. 12 2.3 "Confidential" Information or Items: information (regardless of how generated, stored or

13 maintained) or tangible things that qualify for protection under standards developed under 14 F.R.Civ.P. 26(c). 15 2.4 "Highly Confidential ­ Attorneys' Eyes Only" Information or Items: extremely sensitive

16 "Confidential Information or Items" whose disclosure to another Party or nonparty would create a 17 substantial risk of serious injury that could not be avoided by less restrictive means. 18 2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a

19 Producing Party. 20 2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in

21 this action. 22 2.7. Designating Party: a Party or non-party that designates information or items that it

23 produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential-- 24 Attorneys' Eyes Only." 25 2.8 Protected Material: any Disclosure or Discovery Material that is designated as

26 "Confidential" or as "Highly Confidential ­ Attorneys' Eyes Only." 27 2.9. Outside Counsel: attorneys who are not employees of a Party but who are retained to

28 represent or advise a Party in this action. 2

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2.10 House Counsel: attorneys who are employees of a Party. 2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their

3 support staffs). 4 2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to the

5 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 6 consultant in this action and who is not a past or a current employee of a Party or of a competitor of 7 a Party's and who, at the time of retention, is not anticipated to become an employee of a Party or a 8 competitor of a Party's. This definition includes a professional jury or trial consultant retained in 9 connection with this litigation. 10 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,

11 photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, 12 retrieving data in any form or medium; etc.) and their employees and subcontractors. 13 3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only Protected Material

15 (as defined above), but also any information copied or extracted therefrom, as well as all copies, 16 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 17 parties or counsel to or in court or in other settings that might reveal Protected Material. 18 4. DURATION 19 Even after the termination of this litigation, the confidentiality obligations imposed by this

20 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 21 otherwise directs. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or

24 non-party that designates information or items for protection under this Order must take care to 25 limit any such designation to specific material that qualifies under the appropriate standards. A 26 Designating Party must take care to designate for protection only those parts of material, 27 documents, items, or oral or written communications that qualify ­ so that other portions of the 28 material, documents, items, or communications for which protection is not warranted are not swept 3

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are 2 prohibited. Designations that are shown to be clearly unjustified, or that have been made for an 3 improper purpose (e.g., to unnecessarily encumber or retard the case development process, or to 4 impose unnecessary expenses and burdens on other parties), expose the Designating Party to 5 sanctions. 6 If it comes to a Party's or a non-party's attention that information or items that it designated

7 for protection do not qualify for protection at all, or do not qualify for the level of protection 8 initially asserted, that Party or non-party must promptly notify all other parties that it is withdrawing 9 the mistaken designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,

11 e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material that 12 qualifies for protection under this Order must be clearly so designated before the material is 13 disclosed or produced. Designation in conformity with this Order requires: 14 (a) for information in documentary form (apart from transcripts of depositions or

15 other pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or 16 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" at the top of each page that contains 17 protected material. If only a portion or portions of the material on a page qualifies for protection, the 18 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 19 markings in the margins) and must specify, for each portion, the level of protection being asserted 20 (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"). 21 A Party or non-party that makes original documents or materials available for inspection

22 need not designate them for protection until after the inspecting Party has indicated which material 23 it would like copied and produced. During the inspection and before the designation, all of the 24 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL ­ 25 ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants 26 copied and produced, the Producing Party must determine which documents, or portions thereof, 27 qualify for protection under this Order, then, before producing the specified documents, the 28 Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY 4

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY") at the top of each page that contains Protected 2 Material. If only a portion or portions of the material on a page qualifies for protection, the 3 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins) and must specify, for each portion, the level of protection being asserted 5 (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"). 6 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the

7 Party or non-party offering or sponsoring the testimony identify on the record, before the close of 8 the deposition, hearing, or other proceeding, all protected testimony, and further specify any 9 portions of the testimony that qualify as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 10 ONLY." When it is impractical to identify separately each portion of testimony that is entitled to 11 protection, and when it appears that substantial portions of the testimony may qualify for protection, 12 the Party or non-party that sponsors, offers, or gives the testimony may invoke on the record (before 13 the deposition or proceeding is concluded) a right to have up to 20 days to identify the specific 14 portions of the testimony as to which protection is sought and to specify the level of protection 15 being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 16 ONLY"). Only those portions of the testimony that are appropriately designated for protection 17 within the 20 days shall be covered by the provisions of this Stipulated Protective Order. 18 Transcript pages containing Protected Material must be separately bound by the

19 court reporter, who must affix to the top of each such page the legend "CONFIDENTIAL" or 20 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," as instructed by the Party or 21 nonparty offering or sponsoring the witness or presenting the testimony. 22 (c) for information produced in some form other than documentary, and for any other

23 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 24 containers in which the information or item is stored the legend "CONFIDENTIAL" or "HIGHLY 25 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." If only portions of the information or item 26 warrant protection, the Producing Party, to the extent practicable, shall identify the protected 27 portions, specifying whether they qualify as "Confidential" or as "Highly Confidential ­ Attorneys' 28 Eyes Only." 5

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

2 qualified information or items as "Confidential" or "Highly Confidential ­ Attorneys' Eyes 3 Only" does not, standing alone, waive the Designating Party's right to secure protection under this 4 Order for such material. If material is appropriately designated as "Confidential" or "Highly 5 Confidential ­ Attorneys' Eyes Only" after the material was initially produced, the Receiving Party, 6 on timely notification of the designation, must make reasonable efforts to assure that the material is 7 treated in accordance with the provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's

10 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 11 economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive 12 its right to challenge a confidentiality designation by electing not to mount a challenge promptly 13 after the original designation is disclosed. 14 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating Party's

15 confidentiality designation must do so in good faith and must begin the process by conferring 16 directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel 17 for the Designating Party. In conferring, the challenging Party must explain the basis for its belief 18 that the confidentiality designation was not proper and must give the Designating Party an 19 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 20 designation is offered, to explain the basis for the chosen designation. A challenging Party may 21 proceed to the next stage of the challenge process only if it has engaged in this meet and confer 22 process first. 23 6.3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality

24 designation after considering the justification offered by the Designating Party may file and serve a 25 motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) that 26 identifies the challenged material and sets forth in detail the basis for the challenge. Each such 27 motion must be accompanied by a competent declaration that affirms that the movant has complied 28 with the meet and confer requirements imposed in the preceding paragraph and that sets forth with 6

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 specificity the justification for the confidentiality designation that was given by the Designating 2 Party in the meet and confer dialogue. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating

4 Party. Until the court rules on the challenge, all parties shall continue to afford the material in 5 question the level of protection to which it is entitled under the Producing Party's designation. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or

8 produced by another Party or by a non-party in connection with this case only for prosecuting, 9 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 10 the categories of persons and under the conditions described in this Order. When the litigation has 11 been terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL 12 DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a location and in a

14 secure manner that ensures that access is limited to the persons authorized under this Order. 15 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered by

16 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 17 information or item designated CONFIDENTIAL only to: 18 (a) the Receiving Party's Outside Counsel of record in this action, as well as

19 employees of said Counsel to whom it is reasonably necessary to disclose the information for this 20 litigation and who have signed the "Agreement to Be Bound by Protective Order" that is attached 21 hereto as Exhibit A; 22 (b) the officers, directors, and employees (including House Counsel) of the

23 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 24 the "Agreement to Be Bound by Protective Order" (Exhibit A); 25 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure is

26 reasonably necessary for this litigation and who have signed the "Agreement to Be 27 Bound by Protective Order" (Exhibit A); 28 (d) the Court and its personnel; 7

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(e) court reporters, their staffs, and professional vendors to whom disclosure is

2 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 3 Protective Order" (Exhibit A); 4 (f) during their depositions, witnesses in the action to whom disclosure is reasonably

5 necessary and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A). 6 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material 7 must be separately bound by the court reporter and may not be disclosed to anyone except as 8 permitted under this Stipulated Protective Order. 9 10 (g) the author of the document or the original source of the information. 7.3 Disclosure of "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"

11 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 12 Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY 13 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" only to: 14 (a) the Receiving Party's Outside Counsel of record in this action, as well as

15 employees of said Counsel to whom it is reasonably necessary to disclose the information for this 16 litigation and who have signed the "Agreement to Be Bound by Protective Order" that is attached 17 hereto as Exhibit A; 18 (b) House Counsel of a Receiving Party (1) who has no involvement in decision-

19 making, (2) to whom disclosure is reasonably necessary for this litigation, and (3) who has signed 20 the "Agreement to Be Bound by Protective Order" (Exhibit A); (c) Experts (as defined in this 21 Order) (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the 22 "Agreement to Be Bound by Protective Order" (Exhibit A), and (3) as to whom the procedures set 23 forth in paragraph 7.4, below, have been followed; 24 25 (d) the Court and its personnel; (e) court reporters, their staffs, and professional vendors to whom disclosure is

26 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 27 Protective Order" (Exhibit A); and 28 (f) the author of the document or the original source of the information. 8

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7.4 Procedures for Approving Disclosure of "HIGHLY CONFIDENTIAL ­ ATTORNEYS'

2 EYES ONLY" Information or Items to "Experts" 3 (a) Unless otherwise ordered by the court or agreed in writing by the Designating

4 Party, a Party that seeks to disclose to an "Expert" (as defined in this Order) any information or item 5 that has been designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" first must 6 make a written request to the Designating Party that (1) identifies the specific HIGHLY 7 CONFIDENTIAL information that the Receiving Party seeks permission to disclose to the 8 Expert, (2) sets forth the full name of the Expert and the city and state of his or her primary 9 residence, (3) attaches a copy of the Expert's current resume, (4) identifies the Expert's current 10 employer(s), (5) identifies each person or entity from whom the Expert has received compensation 11 for work in his or her areas of expertise or to whom the expert has provided professional services at 12 any time during the preceding five years, and (6) identifies (by name and number of the case, filing 13 date, and location of court) any litigation in connection with which the Expert has provided any 14 professional services during the preceding five years. 15 (b) A Party that makes a request and provides the information specified in the

16 preceding paragraph may disclose the subject Protected Material to the identified Expert unless, 17 within seven court days of delivering the request, the Party receives a written objection from the 18 Designating Party. Any such objection must set forth in detail the grounds on which it is based. 19 (c) A Party that receives a timely written objection must meet and confer with the

20 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement. 21 If no agreement is reached, the Party seeking to make the disclosure to the Expert may file a motion 22 as provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if 23 applicable) seeking permission from the court to do so. Any such motion must describe the 24 circumstances with specificity, set forth in detail the reasons for which the disclosure to the Expert 25 is reasonably necessary, assess the risk of harm that the disclosure would entail and suggest any 26 additional means that might be used to reduce that risk. In addition, any such motion must be 27 accompanied by a competent declaration in which the movant describes the parties' efforts to 28 resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions) 9

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 and sets forth the reasons advanced by the Designating Party for its refusal to approve the 2 disclosure. 3 In any such proceeding the Party opposing disclosure to the Expert shall bear the burden of

4 proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 5 outweighs the Receiving Party's need to disclose the Protected Material to its Expert. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 7 LITIGATION. 8 If a Receiving Party is served with a subpoena or an order issued in other litigation that

9 would compel disclosure of any information or items designated in this action as 10 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," the 11 Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 12 and in no event more than three court days after receiving the subpoena or order. Such notification 13 must include a copy of the subpoena or court order. 14 The Receiving Party also must immediately inform in writing the Party who caused the

15 subpoena or order to issue in the other litigation that some or all the material covered by the 16 subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 17 deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 18 caused the subpoena or order to issue. 19 The purpose of imposing these duties is to alert the interested parties to the existence of this

20 Protective Order and to afford the Designating Party in this case an opportunity to try to protect its 21 confidentiality interests in the court from which the subpoena or order issued. The Designating 22 Party shall bear the burdens and the expenses of seeking protection in that court of its confidential 23 material ­ and nothing in these provisions should be construed as authorizing or encouraging a 24 Receiving Party in this action to disobey a lawful directive from another court. 25 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

27 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 28 the Receiving Party must immediately (a) notify in writing the Designating Party of the 10

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)

1 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) 2 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 3 Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to 4 Be Bound" that is attached hereto as Exhibit A. 5 10. FILING PROTECTED MATERIAL 6 Without written permission from the Designating Party or a court order secured after

7 appropriate notice to all interested persons, a Party may not file in the public record in this action 8 any Protected Material. A Party that seeks to file under seal any Protected Material must comply 9 with Civil Local Rule 79-5. 10 11. FINAL DISPOSITION 11 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after

12 the final termination of this action, each Receiving Party must return or destroy all Protected 13 Material to the Producing Party. As used in this subdivision, "all Protected Material" includes all 14 copies, abstracts, compilations, summaries or any other form of reproducing or capturing any of the 15 Protected Material. The Receiving Party may destroy some or all of the Protected Material instead 16 of returning it. Whether the Protected Material is returned or destroyed, the Receiving Party must 17 submit a written certification to the Producing Party (and, if not the same person or entity, to the 18 Designating Party) by the sixty day deadline that identifies (by category, where appropriate) all the 19 Protected Material that was returned or destroyed and that affirms that the Receiving Party has not 20 retained any copies, abstracts, compilations, summaries or other forms of reproducing or capturing 21 any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 22 archival copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or 23 attorney work product, even if such materials contain Protected Material. Any such archival copies 24 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 25 Section 4 (DURATION), above. 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek

28 its modification by the Court in the future. 11

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

2 Order no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 4 Party waives any right to object on any ground to use in evidence of any of the material covered by 5 this Protective Order. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. _____________________________________ Hon. Claudia Wilken United States District Judge, Northern District of California
8/17/09 25 DATED: ________________________

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. GUTRIDE SAFIER LLP DATED: ________________________ _____________________________________ Adam Gutride, Esq. Seth A. Safier, Esq. Attorneys for Plaintiff 835 Douglass Street San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] MAYER BROWN LLP

DATED: ________________________

_____________________________________ John Nadolenco, Esq. Joseph W. Goodman, Esq. Attorneys for Defendants AT&T MOBILITY LLC, ET AL

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EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of _________________

4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on [date] in the case of ___________ [insert formal name of 7 the case and the number and initials assigned to it by the court]. I agree to comply with and to 8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 9 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to 11 this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the

14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, 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 22 23 24 25 26 27 28 13 Date: _________________________________ City and State where sworn and signed: _________________________________ Printed name: ______________________________ Signature: _________________________________

[PROPOSED] STIPULATED PROTECTIVE ORDER Case No.: CV-09-01117 (CW)