NCrIaCigH MO.L NAiSch &ol aTsO (SMBANS 1E7V84IC44, )L LP Alex Tomasevic (SBN 245598)
225 Broadway, 19th Floor San Diego, California 92101 Tel: (619) 325-0492 Fax: (619) 325-0496 Email: cnicholas@nicholaslaw.org Email: atomasevic@nicholaslaw.org
Jack B. Winters, Jr. (SBN 82998) Georg M. Capielo (SBN 245491) Sarah Ball (SBN 292337) 8489 La Mesa Boulevard La Mesa, California 91942 Tel: (619) 234-9000 Fax: (619) 750-0413 Email: jackbwinters@earthlink.net Email: gcapielo@einsurelaw.com Email: sball@einsurelaw.com
Attorneys for Plaintiff SHERYL CLARK, and on Behalf of the Class
SHERYL CLARK, Individually, as No. 2:20-cv-00539-JAM-DB Successor-in-Interest to Delaine Stowell, on Behalf of the Estate of STIPULATION AND PROTECTIVE Delaine Stowell, and on Behalf of the ORDER Class,
Plaintiff, vs. TRANSAMERICA LIFE INSURANCE COMPANY, an Iowa Corporation Defendant.
1. PURPOSES AND LIMITATIONS Discovery in this action may involve production of confidential, proprietary
or private information for which special protection from public disclosure and from
use for any purpose other than pursuing this litigation may 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 from public disclosure and use extends only to the limited
information or items that are entitled to confidential treatment under the applicable
legal principles.
2. GOOD CAUSE STATEMENT
This action may involve private personal information related to life insurance
and life insurance applications, including, potentially, health and financial
information, as well as Defendant’s proprietary business practices and procedures
for which protection from public disclosure and from use for any purpose other than
prosecution of this action is warranted. Such confidential and proprietary materials
and information consist of, among other things, confidential business or financial
information, information regarding confidential business practices, or other
confidential research, development, or commercial information (including
information implicating privacy rights of third parties), information otherwise
generally unavailable to the public, or which may be privileged or otherwise
protected from disclosure under state or federal statutes, court rules, case decisions,
or common law. Accordingly, to expedite the flow of information, to facilitate the
prompt resolution of disputes over confidentiality of discovery materials, to
adequately protect information the parties are entitled to keep confidential, to ensure
that the parties are permitted reasonable necessary uses of such material in
preparation for and in the conduct of trial, to address their handling at the end of the
litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated
without a good faith belief that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of the public record of
this case.
3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
The parties further acknowledge, as set forth in Section 14.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information
under seal; Local Civil Rules 140 & 141 set forth the procedures that must be
followed and the standards that will be applied when a party seeks permission from
the court to file material under seal. The parties’ mere designation of Disclosure or
Discovery Material as CONFIDENTIAL does not—without the submission of
competent evidence establishing that the material sought to be filed under seal
qualifies as confidential, privileged, or otherwise protectable—constitute good
cause.
Any document that is not confidential, privileged, or otherwise protectable in
its entirety will not be filed under seal if the confidential portions can be redacted. If
documents can be redacted, then a redacted version for public viewing, omitting only
the confidential, privileged, or otherwise protectable portions of the document, shall
be filed. Any application that seeks to file documents under seal in their entirety
should include an explanation of why redaction is not feasible, and any redacted
documents must be filed with an application to file documents under seal as required
by Local Rules, unless otherwise specified in such rules. The Parties must
specifically comply with requirements of Local Rule 140, which provides for the
redaction of only minors’ names, financial account numbers, Social Security
numbers, dates of birth, and when federal law requires redaction. Local Rule 140(a).
“No other redactions are permitted unless the Court has authorized the redaction.”
Local Rule 140(b). 4. DEFINITIONS 4.1 Action: the above-captioned pending federal lawsuit.
4.2 Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
4.3 “CONFIDENTIAL” Information or Items: information (regardless of
how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
the Good Cause Statement.
4.4 Counsel: Outside Counsel of Record and House Counsel and their
support staff.
4.5 Designating Party: a Party or Non-Party that designates information or
items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL.”
4.6 Disclosure or Discovery Material: all items or information, regardless
of the medium or manner in which it is generated, stored, or maintained (including,
among other things, testimony, transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery.
4.7 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as
an expert witness or as a consultant in this Action.
4.8 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.
4.9 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.
4.10 Outside Counsel of Record: attorneys who are not employees of a party
to this Action but are retained to represent a party to this Action and have
appeared in this Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes any and all support staff.
4.11 Party: any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and their
support staffs).
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
4.13 Professional Vendors: persons or entities that provide litigation support
services (e.g., photocopying, videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
4.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
5. SCOPE
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the
trial judge and other applicable authorities. This Order does not govern the use of
Protected Material at trial. Use of Protected Material at trial shall be governed by a
separate agreement or order, if applicable.
6. DURATION
Unless otherwise stated herein, even after final disposition of this litigation,
the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
defenses in this action, with or without prejudice; and (2) final judgment herein after
the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
of this action, including the time limits for filing any motions or applications for
extension of time pursuant to applicable law.
7. DESIGNATING PROTECTED MATERIAL
7.1 Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards.
The Designating Party must designate for protection only those parts of
material, documents, items or oral or written communications that qualify so that
other portions of the material, documents, items or communications for which
protection is not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating
Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
7.2 Manner and Timing of Designations. Except as otherwise provided in
this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
that qualifies for protection under this Order must be clearly so designated before
the material is disclosed or produced.
Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or
trial proceedings), that the Producing Party affix at a minimum, the
legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”),
to each page that contains protected material. If only a portion of the
material on a page qualifies for protection, the Producing Party also
must clearly identify the protected portion(s) (e.g., by making
appropriate markings in the margins).
A Party or Non-Party that makes original documents available
for inspection need not designate them for protection until after the
inspecting Party has indicated which documents it would like copied
and produced. During the inspection and before the designation, all of
the material made available for inspection shall be deemed
“CONFIDENTIAL.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must
determine which documents, or portions thereof, qualify for protection
under this Order. Then, before producing the specified documents, the
Producing Party must affix the “CONFIDENTIAL legend” to each
page that contains Protected Material. If only a portion of the material
on a page qualifies for protection, the Producing Party also must clearly
identify the protected portion(s) (e.g., by making appropriate markings
in the margins). If the Discovery Material cannot readily be marked as
CONFIDENTIAL (such as an Excel file), CONFIDENTIAL may be
used as part of the name of the file.
(b) for testimony given in depositions that the Designating Party identifies
the Disclosure or Discovery Material on the record, before
the close of the deposition, or in a writing sent to all parties no later than ten days after receipt of the transcript. (c) for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent
place on the exterior of the container or containers in which the
information is stored the legend “CONFIDENTIAL.” If only a portion
or portions of the information warrants protection, the Producing Party,
to the extent practicable, shall identify the protected portion(s).
7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such material.
Upon timely correction of a designation, the Receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the provisions of this
Order.
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8.1 Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order. Unless a prompt challenge to a Designating Party’s
confidentiality designation is necessary to avoid foreseeable substantial unfairness,
unnecessary economic burdens, or a later significant disruption or delay of the
litigation, a Party does not waive its right to challenge a confidentiality designation
by electing not to mount a challenge promptly after the original designation is
disclosed.
8.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process via the meet and confer required by the local or
departmental/chambers rules of all discovery disputes.
8.3 Court Intervention. If the Parties cannot resolve a challenge without
court intervention, the Challenging Party shall file and serve a motion to remove confidentiality under Eastern District Local Rule 230 and 251 (and in compliance with Eastern District Local Rules 141 and 141.1, if applicable) within 14 days of the
parties agreeing that the meet and confer process will not resolve their dispute, or by
the first day of trial of this matter, whichever date is earlier, unless the parties agree
in writing to a longer time. Each such motion must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer
requirements. In addition, the Challenging Party may file a motion challenging a
confidentiality designation at any time if there is good cause for doing so, including
a challenge to the designation of a deposition transcript or any portions thereof. Any
motion brought pursuant to this provision must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer
requirements imposed by the preceding paragraph. The burden of persuasion in any
such challenge proceeding shall be on the Designating Party.
9. ACCESS TO AND USE OF PROTECTED MATERIAL
9.1 Basic Principles. A Receiving Party may use Protected Material that is
disclosed or produced by another Party or by a Non-Party in connection with this
Action only for prosecuting, defending or attempting to settle this Action. Such
Protected Material may be disclosed only to the categories of persons and under the
conditions described in this Order. When the Action has been terminated, a
Receiving Party must comply with the provisions of section 15 below (FINAL
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.
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this
Action;
(c) Experts (as defined herein) of the Receiving Party to whom disclosure
is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and
who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A);
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the
information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided: (1) the
deposing party requests that the witness sign the form attached as
Exhibit A hereto; and (2) they will not be permitted to keep any
confidential information, unless otherwise agreed by the Designating
Party or ordered by the court. Pages of transcribed deposition testimony
or exhibits to depositions that reveal Protected Material may be
separately bound by the court reporter and may not be disclosed to
anyone except as permitted under this Stipulated Protective Order; and (i) any mediators or settlement officers and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order
to issue in the other litigation that some or all of the material covered
by the subpoena or order is subject to this Protective Order. Such
notification shall include a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be
affected.
If the Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated in this action
as “CONFIDENTIAL” before a determination by the court from which the subpoena
or order issued, unless the Party has obtained the Designating Party’s permission.
The Designating Party shall bear the burden and expense of seeking protection in
that court of its confidential material and nothing in these provisions should be
construed as authorizing or encouraging a Receiving Party in this Action to disobey
a lawful directive from another court.
11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the
remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-
Party that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s),
and a reasonably specific description of the information
requested; and
(3) make the information requested available for inspection by the
Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court within
14 days of receiving the notice and accompanying information, the Receiving Party
may produce the Non-Party’s confidential information responsive to the discovery
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
not produce any information in its possession or control that is subject to the
confidentiality agreement with the Non-Party before a determination by the court.
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
of seeking protection in this court of its Protected Material. This provision in no
way impacts the Receiving Party’s ability or right to object to production of Non-
Party information as otherwise permitted or required by law. 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
to retrieve all unauthorized copies of the Protected Material, (c) inform the person
or persons to whom unauthorized disclosures were made of all the terms of this
Order, and (d) request such person or persons to execute the “Acknowledgment an
Agreement to Be Bound” attached hereto as Exhibit A.
13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
parties may incorporate their agreement in the stipulated protective order submitted
to the court.
14. MISCELLANEOUS
14.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
14.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective Order.
14.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with the Local Civil Rules and any
chambers/departmental rules of this Court. Protected Material may only be filed
under seal pursuant to a court order authorizing the sealing of the specific Protected
Material. If a Party’s request to file Protected Material under seal is denied by the
court, then the Receiving Party may file the information in the public record unless
otherwise instructed by the court.
15. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 6, within 60
days of a written request by the Designating Party, each Receiving Party must return
all Protected Material to the Producing Party or destroy such material. As used in
this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving
Party, upon request by the Producing Party, must submit a written certification to
the Producing Party (and, if not the same person or entity, to the Designating Party)
by the 60-day deadline that (1) identifies (by category, where appropriate) all the
Protected Material that was returned or destroyed and (2) affirms that the Receiving
Party has not retained any copies, abstracts, compilations, summaries or any other
format reproducing or capturing any of the Protected Material. Notwithstanding this
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
deposition and trial exhibits, expert reports, attorney work product, and consultant
and expert work product, even if such materials contain Protected Material. Any
such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 6 (DURATION). 16. VIOLATION
Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.
Respectfully submitted:
DATED: May 5, 2020 NICHOLAS & TOMASEVIC, LLP
By: /s/ Alex Tomasevic Craig M. Nicholas (SBN 178444) Alex Tomasevic (SBN 245598) Email: craig@nicholaslaw.org Email: atomasevic@nicholaslaw.org WINTERS & ASSOCIATES Jack B. Winters, Jr. (SBN 82998) Georg M. Capielo (SBN 245491) Sarah Ball (SBN 292337) Email: jackbwinters@earthlink.net Email: gcapielo@einsurelaw.com Email: sball@einsurelaw.com Attorneys for Plaintiff
DATED: May 5, 2020 HINSHAW & CULBERTSON LLP
By: /s/ Vivian I. Orlando As authorized on May 5, 2020 (Local Rule 131(e)) Larry M. Golub (SBN CA 110545) Vivian I. Orlando (SBN CA 213833) 633 West 5th Street, 47th Floor Los Angeles, CA 90071-2043
Telephone: 213-680-2800 Facsimile: 213-614-7399
Email: lgolub@hinshawlaw.com Email: vorlando@hinshawlaw.com
Attorneys for Defendant
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
IT IS FURTHER ORDERED THAT:
1. Requests to seal documents shall be made by motion before the same judge who will
decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential
pursuant to this order does not automatically entitle the parties to file such a document with the
court under seal. Parties are advised that any request to seal documents in this district is governed
by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a
written order of the court after a specific request to seal has been made. L.R. 141(a). However, a
mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires
that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,
the requested duration, the identity, by name or category, of persons to be permitted access to the
document, and all relevant information.” L.R. 141(b).
3. A request to seal material must normally meet the high threshold of showing that
“compelling reasons” support secrecy; however, where the material is, at most, “tangentially
related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”
Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana
v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).
4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of
certain documents, at any court hearing or trial – such determinations will only be made by the
court at the hearing or trial, or upon an appropriate motion.
5. With respect to motions regarding any disputes concerning this protective order which
the parties cannot informally resolve, the parties shall follow the procedures outlined in Local
Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex
parte basis or on shortened time.
////
//// 6. The parties may not modify the terms of this Protective Order without the court’s approval. If the parties agree to a potential modification, they shall submit a stipulation and
proposed order for the court’s consideration.
7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement
of the terms of this Protective Order after the action is terminated.
8. Any provision in the parties’ stipulation that is in conflict with anything in this order is
hereby DISAPPROVED.
DATED: May 6, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury that
I have read in its entirety and understand the Stipulated Protective Order that was
issued by the United States District Court for the Eastern District of California on
[date] in the case of Clark v. Transamerica Life Insurance Company, Case No. 2:20-
cv-00539-JAM-DB. I agree to comply with and to be bound by all the terms of this
Stipulated Protective Order and I understand and acknowledge that failure to so
comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will not disclose in any manner any information or item that
is subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Eastern District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Signature: __________________________________
Printed name: _______________________________