Castillo, Jr. v. Transworld Systems, Inc.

Opinion

1 James K. Schultz, Esq. (SBN309945) Kenneth A. Ohashi, Esq. (SBN 230440) 2 SESSIONS ISRAEL & SHARTLE, LLP 3 1550 Hotel Circle North, Suite 260 San Diego, CA 92108 4 Tel: 619.758.1891 5 Fax: 877.334.0661 jschultz@sessions.legal 6 kohashi@sessions.legal 7 Attorneys for Transworld Systems Inc. 8

9 UNITED STATES DISTRICT COURT

10 EASTERN DISTRICT OF CALIFORNIA 11 JOHN CASTILLO, JR., ) Case No.: 2:24-cv-01498-TLN-CKD 12 ) 13 Plaintiff, ) vs. ) [PROPOSED] STIPULATED 14 ) PROTECTIVE ORDER 15 TRANSWORLD SYSTEMS INC., ) ) WITH MODIFICATION BY THE 16 Defendant. ) COURT 17 ) ) 18 ) 19 ) 20 ) ) 21 )

23 1. PURPOSES AND LIMITATIONS 24 Disclosure and discovery activity in this action are likely to involve 25 production of confidential, proprietary, or private information for which special 26 protection from public disclosure and from use for any purpose other than 27 1 prosecuting this litigation may be warranted. Such information consists of, among 2 other things, personal consumer information, confidential business or financial 3 information, information regarding confidential business practices, or other 4 commercially sensitive information that is otherwise generally unavailable to the 5 public, or which may be privileged or otherwise protected from disclosure under 6 state or federal statutes, court rules, case decisions, or common law. Accordingly, 7 the parties hereby stipulate to and petition the court to enter the following 8 Stipulated Protective Order. The parties acknowledge that this Order does not 9 confer blanket protections on all disclosures or responses to discovery and that the 10 protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the 12 applicable legal principles. The parties further acknowledge, as set forth in 13 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 14 file confidential information under seal; Civil Local Rule 141 sets forth the 15 procedures that must be followed and the standards that will be applied when a 16 party seeks permission from the court to file material under seal. 17 2. DEFINITIONS 18 2.1 Challenging Party: a Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c). 23 2.3 Counsel (without qualifier): Outside Counsel of Record and House 24 Counsel (as well as their support staff). 25 2.4 Designating Party: a Party or Non-Party that designates information 26 or items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 1 2.5 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained 3 (including, among other things, testimony, transcripts, and tangible things), that 4 are produced or generated in disclosures or responses to discovery in this matter. 5 2.6 Expert: a person with specialized knowledge or experience in a 6 matter pertinent to the litigation who has been retained by a Party or its counsel to 7 serve as an expert witness or as a consultant in this action. 8 2.7 House Counsel: attorneys who are employees of a party to this 9 action. House Counsel does not include Outside Counsel of Record or any other 10 outside counsel. 11 2.8 Non-Party: any natural person, partnership, corporation, association, 12 or other legal entity not named as a Party to this action. 13 2.9 Outside Counsel of Record: attorneys who are not employees of a 14 party to this action but are retained to represent or advise a party to this action and 15 have appeared in this action on behalf of that party or are affiliated with a law firm 16 which has appeared on behalf of that party. 17 2.10 Party: any party to this action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and 19 their support staffs). 20 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this action. 22 2.12 Professional Vendors: persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing exhibits 24 or demonstrations, and organizing, storing, or retrieving data in any form or 25 medium) and their employees and subcontractors. 26 2.13 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 1 2.14 Receiving Party: a Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 However, the protections conferred by this Stipulation and Order do not cover the 10 following information: (a) any information that is in the public domain at the time 11 of disclosure to a Receiving Party or becomes part of the public domain after its 12 disclosure to a Receiving Party as a result of publication not involving a violation 13 of this Order, including becoming part of the public record through trial or 14 otherwise; and (b) any information known to the Receiving Party prior to the 15 disclosure or obtained by the Receiving Party after the disclosure from a source 16 who obtained the information lawfully and under no obligation of confidentiality 17 to the Designating Party. Any use of Protected Material at trial shall be governed 18 by a separate agreement or order. 19 4. DURATION 20 Even after final disposition of this litigation, the confidentiality obligations 21 imposed by this Order shall remain in effect until a Designating Party agrees 22 otherwise in writing or a court order otherwise directs. Final disposition shall be 23 deemed to be the later of (1) dismissal of all claims and defenses in this action, 24 with or without prejudice; and (2) final judgment herein after the completion and 25 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 26 including the time limits for filing any motions or applications for extension of 27 time pursuant to applicable law. 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for 3 Protection. Each Party or Non-Party that designates information or items for 4 protection under this Order must take care to limit any such designation to specific 5 material that qualifies under the appropriate standards. The Designating Party 6 must designate for protection only those parts of material, documents, items, or 7 oral or written communications that qualify – so that other portions of the 8 material, documents, items, or communications for which protection is not 9 warranted are not swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. 11 Designations that are shown to be clearly unjustified or that have been made for 12 an improper purpose (e.g., to unnecessarily encumber or retard the case 13 development process or to impose unnecessary expenses and burdens on other 14 parties) expose the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that 16 it designated for protection do not qualify for protection, that Designating Party 17 must promptly notify all other Parties that it is withdrawing the mistaken 18 designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in 20 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 21 stipulated or ordered, Disclosure or Discovery Material that qualifies for 22 protection under this Order must be clearly so designated before the material is 23 disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) For information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to 1 each page that contains protected material. If only a portion or portions of the 2 material on a page qualifies for protection, the Producing Party also must clearly 3 identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). 5 A Party or Non-Party that makes original documents or materials available 6 for inspection need not designate them for protection until after the inspecting 7 Party has indicated which material it would like copied and produced. During the 8 inspection and before the designation, all of the material made available for 9 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 10 identified the documents it wants copied and produced, the Producing Party must 11 determine which documents, or portions thereof, qualify for protection under this 12 Order. Then, before producing the specified documents, the Producing Party must 13 affix the “CONFIDENTIAL” legend to each page that contains Protected 14 Material. If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in deposition or in other pretrial or trial proceedings, 18 that the Designating Party identify on the record, before the close of the 19 deposition, hearing, or other proceeding, all protected testimony. 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on 22 the exterior of the container or containers in which the information or item is 23 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 24 information or item warrant protection, the Producing Party, to the extent 25 practicable, shall identify the protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 27 failure to designate qualified information or items does not, standing alone, waive 1 the Designating Party’s right to secure protection under this Order for such 2 material. Upon timely correction of a designation, the Receiving Party must make 3 reasonable efforts to assure that the material is treated in accordance with the 4 provisions of this Order. 5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality at any time. Unless a prompt challenge to a 8 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 9 substantial unfairness, unnecessary economic burdens, or a significant disruption 10 or delay of the litigation, a Party does not waive its right to challenge a 11 confidentiality designation by electing not to mount a challenge promptly after the 12 original designation is disclosed. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 14 resolution process by providing written notice of each designation it is challenging 15 and describing the basis for each challenge. To avoid ambiguity as to whether a 16 challenge has been made, the written notice must recite that the challenge to 17 confidentiality is being made in accordance with this specific paragraph of the 18 Protective Order. The parties shall attempt to resolve each challenge in good faith 19 and must begin the process by conferring directly (in voice to voice dialogue; 20 other forms of communication are not sufficient) within 14 days of the date of 21 service of notice. In conferring, the Challenging Party must explain the basis for 22 its belief that the confidentiality designation was not proper and must give the 23 Designating Party an opportunity to review the designated material, to reconsider 24 the circumstances, and, if no change in designation is offered, to explain the basis 25 for the chosen designation. A Challenging Party may proceed to the next stage of 26 the challenge process only if it has engaged in this meet and confer process first or 27 1 establishes that the Designating Party is unwilling to participate in the meet and 2 confer process in a timely manner. 3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 4 without court intervention, the Designating Party shall file and serve a motion to 5 retain confidentiality under Civil Local Rule 230 (and in compliance with Civil 6 Local Rule 141, if applicable) within 21 days of the initial notice of challenge or 7 within 14 days of the parties agreeing that the meet and confer process will not 8 resolve their dispute, whichever is earlier. Each such motion must be accompanied 9 by a competent declaration affirming that the movant has complied with the meet 10 and confer requirements imposed in the preceding paragraph. Failure by the 11 Designating Party to make such a motion including the required declaration within 12 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 13 designation for each challenged designation. In addition, the Challenging Party 14 may file a motion challenging a confidentiality designation at any time if there is 15 good cause for doing so, including a challenge to the designation of a deposition 16 transcript or any portions thereof. Any motion brought pursuant to this provision 17 must be accompanied by a competent declaration affirming that the movant has 18 complied with the meet and confer requirements imposed by the preceding 19 paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the 21 Designating Party. Frivolous challenges, and those made for an improper purpose 22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 23 expose the Challenging Party to sanctions. Unless the Designating Party has 24 waived the confidentiality designation by failing to file a motion to retain 25 confidentiality as described above, all parties shall continue to afford the material 26 in question the level of protection to which it is entitled under the Producing 27 Party’s designation until the court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that 3 is disclosed or produced by another Party or by a Non-Party in connection with 4 this case only for prosecuting, defending, or attempting to settle this litigation. 5 Such Protected Material may be disclosed only to the categories of persons and 6 under the conditions described in this Order. When the litigation has been 7 terminated, a Receiving Party must comply with the provisions of section 13 8 below (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 17 as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this litigation and who have signed the 19 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 20 A; 21 (b) the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this litigation and 23 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 24 A); 25 (c) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this litigation and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (d) the court and its personnel; 2 (e) court reporters and their staff, professional jury or trial consultants, 3 mock jurors, and Professional Vendors to whom disclosure is reasonably 4 necessary for this litigation and who have signed the “Acknowledgment and 5 Agreement to Be Bound” (Exhibit A); 6 (f) during their depositions, witnesses in the action to whom disclosure is 7 reasonably necessary and who have signed the “Acknowledgment and Agreement 8 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 9 ordered by the court. Pages of transcribed deposition testimony or exhibits to 10 depositions that reveal Protected Material must be separately bound by the court 11 reporter and may not be disclosed to anyone except as permitted under this 12 Stipulated Protective Order. 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 16 IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other 18 litigation that compels disclosure of any information or items designated in this 19 action as “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order 23 to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall 25 include a copy of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued 27 by the Designating Party whose Protected Material may be affected. 1 If the Designating Party timely seeks a protective order, the Party served 2 with the subpoena or court order shall not produce any information designated in 3 this action as “CONFIDENTIAL” before a determination by the court from which 4 the subpoena or order issued, unless the Party has obtained the Designating 5 Party’s permission. The Designating Party shall bear the burden and expense of 6 seeking protection in that court of its confidential material – and nothing in these 7 provisions should be construed as authorizing or encouraging a Receiving Party in 8 this action to disobey a lawful directive from another court. 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a 12 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 13 produced by Non-Parties in connection with this litigation is protected by the 14 remedies and relief provided by this Order. Nothing in these provisions should be 15 construed as prohibiting a Non-Party from seeking additional protections. 16 (b) In the event that a Party is required, by a valid discovery request, to 17 produce a Non-Party’s confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Party’s 19 confidential information, then the Party shall: 20 (1) promptly notify in writing the Requesting Party and the Non-Party that 21 some or all of the information requested is subject to a confidentiality agreement 22 with a Non-Party; 23 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 24 Order in this litigation, the relevant discovery request(s), and a reasonably specific 25 description of the information requested; and 26 (3) make the information requested available for inspection by the Non- 27 Party. 1 (c) If the Non-Party fails to object or seek a protective order from this court 2 within 14 days of receiving the notice and accompanying information, the 3 Receiving Party may produce the Non-Party’s confidential information responsive 4 to the discovery request. If the Non-Party timely seeks a protective order, the 5 Receiving Party shall not produce any information in its possession or control that 6 is subject to the confidentiality agreement with the Non-Party before a 7 determination by the court. Absent a court order to the contrary, the Non-Party 8 shall bear the burden and expense of seeking protection in this court of its 9 Protected Material. 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has 12 disclosed Protected Material to any person or in any circumstance not authorized 13 under this Stipulated Protective Order, the Receiving Party must immediately (a) 14 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 15 best efforts to retrieve all unauthorized copies of the Protected Material, (c) 16 inform the person or persons to whom unauthorized disclosures were made of all 17 the terms of this Order, and (d) request such person or persons to execute the 18 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 19 A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other 24 protection, the obligations of the Receiving Parties are those set forth in Federal 25 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 26 whatever procedure may be established in an e-discovery order that provides for 27 production without prior privilege review. Pursuant to Federal Rule of Evidence 1 502(d) and (e), insofar as the parties reach an agreement on the effect of 2 disclosure of a communication or information covered by the attorney-client 3 privilege or work product protection, the parties may incorporate their agreement 4 in the stipulated protective order submitted to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of 7 any person to seek its modification by the court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 12.3 Filing Protected Material. Without written permission from the 15 Designating Party or a court order secured after appropriate notice to all interested 16 persons, a Party may not file in the public record in this action any Protected 17 Material. A Party that seeks to file under seal any Protected Material must comply 18 with Civil Local Rule 141. Protected Material may only be filed under seal 19 pursuant to a court order authorizing the sealing of the specific Protected Material 20 at issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a 21 request establishing that the Protected Material at issue is privileged, protectable 22 as a trade secret, or otherwise entitled to protection under the law. If a Receiving 23 Party's request to file Protected Material under seal pursuant to Civil Local Rule 24 141 is denied by the court, then the Receiving Party may file the information in 25 the public record pursuant to Civil Local Rule 141 unless otherwise instructed by 26 the court. 27 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in 3 paragraph 4, each Receiving Party must return all Protected Material to the 4 Producing Party or destroy such material. As used in this subdivision, “all 5 Protected Material” includes all copies, abstracts, compilations, summaries, and 6 any other format reproducing or capturing any of the Protected Material. Whether 7 the Protected Material is returned or destroyed, the Receiving Party must submit a 8 written certification to the Producing Party (and, if not the same person or entity, 9 to the Designating Party) by the 60 day deadline that (1) identifies (by category, 10 where appropriate) all the Protected Material that was returned or destroyed and 11 (2) affirms that the Receiving Party has not retained any copies, abstracts, 12 compilations, summaries or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 14 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if 17 such materials contain Protected Material. Any such archival copies that contain 18 or constitute Protected Material remain subject to this Protective Order as set forth 19 in Section 4 (DURATION). 20 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 23 Dated: March 17, 2025 /s/Ely Grinvald Ely Grinvald 24 Attorney for Plaintiff 25 John Castillo, Jr.

27 1 Dated: March 17, 2025 SESSIONS, ISRAEL & SHARTLE, L.L.P.

2 /s/ Kenneth A. Ohashi 3 Kenneth A. Ohashi Attorney for Defendant 4 Transworld Systems Inc. 5 SIGNATURE ATTESTATION 6

7 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby attest that plaintiff’s 8 counsel, Ely Grinvald, concurs in the filing’s content and has authorized his 9 signature and filing. 10 Dated: March 17, 2025 SESSIONS, ISRAEL & SHARTLE, L.L.P. 11 /s/ Kenneth A. Ohashi 12 Kenneth Ohashi Attorney for Transworld Systems Inc. 13

14 ORDER The Court has reviewed the parties’ stipulated protective order. (ECF No. 15 11.) The stipulation comports with the relevant authorities and the court’s 16 applicable local rule. See L.R. 141.1. The Court APPROVES the protective order, 17 subject to the following clarifications. The Court’s Local Rules indicate that once 18 an action is closed, it “will not retain jurisdiction over enforcement of the terms of 19 any protective order filed in that action.” L.R. 141.1(f); see also, e.g., MD 20 Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) 21 (noting that courts in the district generally do not retain jurisdiction for disputes 22 concerning protective orders after closure of the case). Thus, the Court will not 23 retain jurisdiction over this protective order once the case is closed. 24 Further, this Stipulated Protective Order does not entitle a party to file 25 confidential information under seal. Local Rule 141 sets forth the procedures that 26 must be followed and the standards that will be applied when a party seeks 27 1 || permission from the Court to file material under seal. If a party’s request to file 2 ||confidential material under seal is denied by the Court, then the party may file the 3 information in the public record unless otherwise instructed by the Court. 4 Finally, the protective order appears to contain references to local rules 5 || from other districts. See Stip. Prot. Order at 15 (Signature Attestation section 6 || referencing Local Rule 5-4.3.4(a)(2)(i), which does not exist in the Eastern 7 || District). To the extent the parties’ protective order references local rules of other 8 || districts, the Court rejects these references and reminds the parties to refer to the 9 || local rules of the Eastern District of California. 10 || Dated: March 18, 2025 7) AS ae Card fe L-eAe. A, CAROLYN K. DELANEY 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 5, cast.1498.24 16 17 18 19 20 21 22 23 24 25 26 27 16 STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the United 6 States District Court for the Eastern District of California on [date] in the case of John 7 Castillo, Jr. v. Transworld Systems Inc., Case No. 2:24-cv-01498-TLN-CKD. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to this Stipulated Protective Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with this 20 action or any proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: __________________________ 25 Signature: __________________________________ 26