Arya Toufanian v. Kyle Oreffice

• Court: District Court, C.D. California
• Decided: December 15, 2021
• Docket: 2:19-cv-07934
• Status: Unknown

Opinion

1 | Lee M. Weinberg (Cal. SBN 131567) 9 || lee@weinberg-gonser.com Shanen R. Prout, of counsel (Cal. SBN 236137) 3 |) shanen@weinberg-gonser.com 4 || WEINBERG GONSER LLP 10866 Wilshire Blvd., Suite 1650 5 | Los Angeles, CA 90024 6 || Phone: (424) 239-2850 NOTE: CHANGES MADE BY THE COURT 7 | Attorneys for Plaintiff Arya Toufanian 8 Robert Tauler (Cal. SBN 241964) ? rtauler@taulersmith.com 19 | Valerie Saryan (Cal. SBN 297115) vsaryan@taulersmith.com TAULER SMITH LLP 12 | 626 Wilshire Blvd., Suite 510 Los Angeles, CA 90017 Tel. (213) 927-9270 14 15 Attorneys for Defendants Kyle Oreffice and Give Back Media, LLC

16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA—WESTERN DIVISION 18 19 || ARYA TOUFANIAN, an individual, Case No. 2:19-cv—07934 DMG(SKx) 20 Plaintiff, Assigned to the Hon. Dolly M. Gee 71 Courtroom 8C V. 22 STIPULATED PROTECTIVE 23 || KYLE OREFFICE, an individual; GIVE | ORDER BACK MEDIA, LLC, a Georgia limited 24 liability company; and DOES 1-10, Action filed: Sept. 12, 2019 25 Trial: June 7, 2022 26 Defendants. 27 28 -l-

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 6 Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection it 8 affords from public disclosure and use extends only to the limited information or items 9 that are entitled to confidential treatment under the applicable legal principles. 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets, customer and pricing lists and other 12 valuable research, development, commercial, financial, technical and/or proprietary 13 information of the parties, as well as private information of the parties’ customers, for 14 which special protection from public disclosure and from use for any purpose other than 15 prosecution of this action is warranted. 16 Such confidential and proprietary materials and information consist of, among 17 other things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be 21 privileged or otherwise protected from disclosure under state or federal statutes, court 22 rules, case decisions, or common law. Accordingly, to expedite the flow of information, 23 to facilitate the prompt resolution of disputes over confidentiality of discovery materials, 24 to adequately protect information the parties are entitled to keep confidential, to ensure 25 that the parties are permitted reasonable necessary uses of such material in preparation 26 for and in the conduct of trial, to address their handling at the end of the litigation, and 27 serve the ends of justice, a protective order for such information is justified in this 1 confidential for tactical reasons and that nothing be so designated without a good 2 faith belief that it has been maintained in a confidential, non-public manner, and there 3 is good cause why it should not be part of the public record of this case. 4 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this 7 Stipulated Protective Order does not entitle them to file confidential information under 8 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 9 standards that will be applied when a party seeks permission from the court to file 10 material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non dispositive motions, good 13 cause must be shown to support a filing under seal. See Kamakana v. City and County 14 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 15 F.3d 1206, 1210 11 (9th Cir. 2002), Makar Welbon v. Sony Electrics, Inc., 187 F.R.D. 16 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause 17 showing), and a specific showing of good cause or compelling reasons with proper 18 evidentiary support and legal justification, must be made with respect to Protected 19 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure 20 or Discovery Material as CONFIDENTIAL does not without the submission of 21 competent evidence by declaration, establishing that the material sought to be filed 22 under seal qualifies as confidential, privileged, or otherwise protectable constitute 23 good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only good cause, for the sealing must be shown, and the relief 26 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 27 v. Pacific Creditors Ass’n, 605 F.3d 665, 677 79 (9th Cir. 2010). For each item or type 1 of information, document, or thing sought to be filed or introduced under seal in 2 connection with a dispositive motion or trial, the party seeking protection must articulate 3 compelling reasons, supported by specific facts and legal justification, for the requested 4 sealing order. Again, competent evidence supporting the application to file documents 5 under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in its 7 entirety will not be filed under seal if the confidential portions can be redacted. If 8 documents can be redacted, then a redacted version for public viewing, omitting only 9 the confidential, privileged, or otherwise protectable portions of the document, shall be 10 filed. Any application that seeks to file documents under seal in their entirety should 11 include an explanation of why redaction is not feasible. 12 13 2. DEFINITIONS 14 2.1 Action: [this pending federal law suit]. [*Option: consolidated or 15 related actions.] 16 2.2 Challenging Party: a Party or Non-Party that challenges the 17 designation of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 19 it is generated, stored or maintained) or tangible things that qualify for protection under 20 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 21 Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless of 27 the medium or manner in which it is generated, stored, or maintained (including, among 1 other things, testimony, transcripts, and tangible things), that are produced or generated 2 in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 5 expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 12 this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 23 their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is designated 25 as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 12 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 13 Except as set forth below, the terms of this Protective Order apply through FINAL 14 DISPOSITION of the action. The parties may stipulate that the they will be 15 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, but 16 will have to file a separate action for enforcement of the agreement once all proceedings 17 in this case are complete. 18 Once a case proceeds to trial, information that was designated as 19 CONFIDENTIAL or maintained pursuant to this Protective Order used or introduced as 20 an exhibit at trial becomes public and will be presumptively available to all members of 21 the public, including the press, unless compelling reasons supported by specific factual 22 findings to proceed otherwise are made to the trial judge in advance of the trial. See 23 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 24 documents produced in discovery from “compelling reasons” standard when merits- 25 related documents are part of court record). Accordingly, for such materials, the terms 26 of this Protective Order do not extend beyond the commencement of the trial. 27 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 3 Party or Non-Party that designates information or items for protection under this Order 4 must take care to limit any such designation to specific material that qualifies under the 5 appropriate standards. The Designating Party must designate for protection only those 6 parts of material, documents, items, or oral or written communications that qualify so 7 that other portions of the material, documents, items, or communications for which 8 protection is not warranted are not swept unjustifiably within the ambit of this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that 10 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 11 to unnecessarily encumber the case development process or to impose unnecessary 12 expenses and burdens on other parties) may expose the Designating Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in this 17 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 18 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 19 must be clearly so designated before the material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, 22 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 23 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 portion or portions of the material on a page qualifies for protection, the Producing Party 26 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 27 in the margins). 1 A Party or Non-Party that makes original documents available for inspection need 2 not designate them for protection until after the inspecting Party has indicated which 3 documents it would like copied and produced. During the inspection and before the 4 designation, all of the material made available for inspection shall be deemed 5 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 6 copied and produced, the Producing Party must determine which documents, or portions 7 thereof, qualify for protection under this Order. Then, before producing the specified 8 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 9 that contains Protected Material. If only a portion or portions of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify the protected 11 portion(s) (e.g., by making appropriate markings in the margins). 12 (b) for testimony given in depositions that the Designating Party identify the 13 Disclosure or Discovery Material on the record, before the close of the deposition all 14 protected testimony. 15 (c) for information produced in some form other than documentary and for any 16 other tangible items, that the Producing Party affix in a prominent place on the exterior 17 of the container or containers in which the information is stored the legend 18 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 19 the Producing Party, to the extent practicable, shall identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. Upon 23 timely correction of a designation, the Receiving Party must make reasonable efforts to 24 assure that the material is treated in accordance with the provisions of this Order. 25 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 1 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 3 resolution process under Local Rule 37.1 et seq. 4 6.3 The burden of persuasion in any such challenge proceeding shall be on the 5 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 6 to harass or impose unnecessary expenses and burdens on other parties) may expose the 7 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 8 the confidentiality designation, all parties shall continue to afford the material in 9 question the level of protection to which it is entitled under the Producing Party’s 10 designation until the Court rules on the challenge. 11 12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected Material that is 14 disclosed or produced by another Party or by a Non-Party in connection with this Action 15 only for prosecuting, defending, or attempting to settle this Action. Such Protected 16 Material may be disclosed only to the categories of persons and under the conditions 17 described in this Order. When the Action has been terminated, a Receiving Party must 18 comply with the provisions of section 13 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 23 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 24 may disclose any information or item designated “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 26 employees of said Outside Counsel of Record to whom it is reasonably necessary to 27 disclose the information for this Action; 1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 16 not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 18 by the Designating Party or ordered by the court. Pages of transcribed deposition 19 testimony or exhibits to depositions that reveal Protected Material may be separately 20 bound by the court reporter and may not be disclosed to anyone except as permitted 21 under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, mutually 23 agreed upon by any of the parties engaged in settlement discussions. 24 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 26 OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation that 1 “CONFIDENTIAL,” that Party must: 2 (a) promptly notify in writing the Designating Party. Such notification shall 3 include a copy of the subpoena or court order; 4 (b) promptly notify in writing the party who caused the subpoena or order to 5 issue in the other litigation that some or all of the material covered by the subpoena or 6 order is subject to this Protective Order. Such notification shall include a copy of this 7 Stipulated Protective Order; and 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by 9 the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with 11 the subpoena or court order shall not produce any information designated in this action 12 as “CONFIDENTIAL” before a determination by the court from which the subpoena or 13 order issued, unless the Party has obtained the Designating Party’s permission. The 14 Designating Party shall bear the burden and expense of seeking protection in that court 15 of its confidential material and nothing in these provisions should be construed as 16 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 17 from another court. 18 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 20 BE PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non- 22 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 23 by Non-Parties in connection with this litigation is protected by the remedies and relief 24 provided by this Order. Nothing in these provisions should be construed as prohibiting 25 a Non-Party from seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to produce 27 a Non-Party’s confidential information in its possession, and the Party is subject to an 1 agreement with the Non-Party not to produce the Non-Party’s confidential 2 information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non-Party that 4 some or all of the information requested is subject to a confidentiality agreement with a 5 Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated 7 Protective Order in this Action, the relevant discovery request(s), and a reasonably 8 specific description of the information requested; and 9 (3) make the information requested available for inspection by the Non- 10 Party, if requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court order 17 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 18 in this court of its Protected Material. 19

20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 24 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 25 all unauthorized copies of the Protected Material, (c) inform the person or persons to 26 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 27 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 1 that is attached hereto as Exhibit A. 2 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, the 7 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 8 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 9 established in an e-discovery order that provides for production without prior privilege 10 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 11 an agreement on the effect of disclosure of a communication or information covered by 12 the attorney-client privilege or work product protection, the parties may incorporate 13 their agreement in the stipulated protective order submitted to the court. 14

15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 22 to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 24 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 25 under seal pursuant to a court order authorizing the sealing of the specific Protected 26 Material at issue. If a Party's request to file Protected Material under seal is denied by 27 the court, then the Receiving Party may file the information in the public record unless 1 otherwise instructed by the court. 2 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, within 60 5 days of a written request by the Designating Party, each Receiving Party must return all 6 Protected Material to the Producing Party or destroy such material. As used in this 7 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected Material. 9 Whether the Protected Material is returned or destroyed, the Receiving Party must 10 submit a written certification to the Producing Party (and, if not the same person or 11 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 12 where appropriate) all the Protected Material that was returned or destroyed and (2) 13 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 14 summaries or any other format reproducing or capturing any of the Protected Material. 15 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 16 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 17 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 18 consultant and expert work product, even if such materials contain Protected Material. 19 Any such archival copies that contain or constitute Protected Material remain subject to 20 this Protective Order as set forth in Section 4 (DURATION). 21 / / / 22

23 24 25 26

27 Any violation of this Order may be punished by any and all appropriate measures 2 | including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Dated: December 15, 2021 WEINBERG GONSER LLP 7 /s/ Shanen R. Prout 8 By: 9 Lee M. Weinberg Shanen R. Prout 10 Bryan B. Bitzer Attorneys for plaintiff Arya Toufanian 12 Dated: December 15, 2021 TAULER SMITH LLP 13 By: /s/Valerie Saryan 14 Valerie Saryan 15 Robert Tauler Attorneys for defendants Kyle 16 Oreffice and Give Back Media, LLC 17 1g || Pursuant to L.R. 5-4.3.4(a)(2)(1), the e-filer of this document hereby attests that all other 19 || Signatories listed, on whose behalf this stipulation is submitted, concur in the filing’s 29 || content and have authorized the filing. 21 0 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

23 DATED: December 15, 2021

Ss Se 26 Honorable Steve Kim 27 United States Magistrate Judge 28 -15-

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3

4 I, _____________________________ [print or type full name], of 5 _______________________________________ [print or type full address], declare 6 under penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 District of California on [date] in the case of Arya Toufanian v. Kyle Oreffice et al., case 9 number 2:19-cv-07934 DMG(SKx) . I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment in 12 the nature of contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person or 14 entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective Order. 22

23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27