Emsurgcare v. Unitedhealthcare Insurance Co.

• Court: District Court, C.D. California
• Decided: February 14, 2025
• Docket: 2:24-cv-04612
• Status: Unknown

Opinion

1 SEYFARTH SHAW LLP LAW OFFICES OF Kathleen Cahill Slaught (SBN 168129) JONATHAN A. STIEGLITZ 2 kslaught@seyfarth.com Jonathan A. Stieglitz (SBN 3 560 Mission Street, 31st Floor 278028) San Francisco, California 94105 jonathanstieglitz@gmail.com 4 Telephone: (415) 397-2823 11845 W. Olympic Blvd., Ste. Facsimile: (415) 397-8549 800 5 Los Angeles, CA 90064 Ryan R. Tikker (SBN 312860) Tel: (323) 979-2063 6 rtikker@seyfarth.com Fax: (323) 488-6478 7 2029 Century Park East, Suite 3500 Los Angeles, California 90067 Attorneys for Plaintiffs 8 Telephone: (310) 277-7200 EMSURGCARE AND Facsimile: (310) 201-5219 EMERGENCY SURGICAL 9 ASSISTANT Attorneys for Defendant OXFORD 10 HEALTH INSURANCE, INC. 11

14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16

17 EMSURGCARE and EMERGENCY SURGICAL Case No. 2:24-cv-04612-SVW- 18 ASSISTANT, SSC 19 Plaintiff(s), v. 20 STIPULATED PROTECTIVE OXFORD HEALTH ORDER1 21 INSURANCE, INC. Defendant(s). 22

23 1. INTRODUCTION 24 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Stephanie S. 1 1.1 Purposes and Limitations. Discovery in this action is likely to 2 involve production of confidential, proprietary, or private information for 3 which special protection from public disclosure and from use for any 4 purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to 6 enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or 10 items that are entitled to confidential treatment under the applicable 11 legal principles. 12 1.2 Good Cause Statement. 13 This action is likely to involve confidential health information, 14 trade secrets, customer and pricing lists and other valuable research, 15 development, commercial, financial, and/or proprietary information for 16 which special protection from public disclosure and from use for any 17 purpose other than prosecution of this action is warranted. Such 18 confidential and proprietary materials and information consist of, among 19 other things, confidential health information, confidential business or 20 financial information, information regarding confidential business 21 practices, or other confidential research, development, or commercial 22 information (including information implicating privacy rights of third 23 parties), information otherwise generally unavailable to the public, or 24 which may be privileged or otherwise protected from disclosure under 25 state or federal statutes, court rules, case decisions, or common law. 26 Accordingly, to expedite the flow of information, to facilitate the prompt 27 1 adequately protect information the parties are entitled to keep 2 confidential, to ensure that the parties are permitted reasonable 3 necessary uses of such material in preparation for and in the conduct of 4 trial, to address their handling at the end of the litigation, and serve the 5 ends of justice, a protective order for such information is justified in this 6 matter. It is the intent of the parties that information will not be 7 designated as confidential for tactical reasons and that nothing be so 8 designated without a good faith belief that it has been maintained in a 9 confidential, non-public manner, and there is good cause why it should 10 not be part of the public record of this case. 11 12 1.3 Acknowledgment of Procedure for Filing Under Seal. The 13 parties further acknowledge, as set forth in Section 12.3, below, that this 14 Stipulated Protective Order does not entitle them to file confidential 15 information under seal; Local Rule 79-5 sets forth the procedures that 16 must be followed and the standards that will be applied when a party 17 seeks permission from the court to file material under seal. 18 There is a strong presumption that the public has a right of access 19 to judicial proceedings and records in civil cases. In connection with 20 non-dispositive motions, good cause must be shown to support a filing 21 under seal. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 22 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors 23 Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony 24 Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 25 protective orders require good cause showing), and a specific showing of 26 good cause or compelling reasons with proper evidentiary support and 27 1 a party seeks to file under seal. The parties’ mere designation of 2 Disclosure or Discovery Material as CONFIDENTIAL does not— 3 without the submission of competent evidence by declaration, 4 establishing that the material sought to be filed under seal qualifies as 5 confidential, privileged, or otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion 7 or trial, then compelling reasons, not only good cause, for the sealing 8 must be shown, and the relief sought shall be narrowly tailored to serve 9 the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n, 10 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of 11 information, document, or thing sought to be filed or introduced under 12 seal in connection with a dispositive motion or trial, the party seeking 13 protection must articulate compelling reasons, supported by specific 14 facts and legal justification, for the requested sealing order. Again, 15 competent evidence supporting the application to file documents under 16 seal must be provided by declaration. 17 Any document that is not confidential, privileged, or otherwise 18 protectable in its entirety will not be filed under seal if the confidential 19 portions can be redacted. If documents can be redacted, then a redacted 20 version for public viewing, omitting only the confidential, privileged, or 21 22 otherwise protectable portions of the document, shall be filed. Any 23 application that seeks to file documents under seal in their entirety 24 should include an explanation of why redaction is not feasible. 25 26 2. DEFINITIONS 27 2.1 Action: Emsurgcare and Emergency Surgical Assistant v. 1 Oxford Health Insurance, Inc., 2:24-cv-04612-SVW-SSC. 2 2.2 Challenging Party: a Party or Non-Party that challenges the 3 designation of information or items under this Order. 4 2.3 “CONFIDENTIAL” Information or Items: information 5 (regardless of how it is generated, stored or maintained) or tangible 6 things that qualify for protection under Rule 26(c) of the Federal Rules of 7 Civil Procedure, and as specified above in the Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as 9 well as their support staff). 10 2.5 Designating Party: a Party or Non-Party that designates 11 information or items that it produces in disclosures or in responses to 12 discovery as “CONFIDENTIAL.” 13 2.6 Disclosure or Discovery Material: all items or information, 14 regardless of the medium or manner in which it is generated, stored, or 15 maintained (including, among other things, testimony, transcripts, and 16 tangible things), that are produced or generated in disclosures or 17 responses to discovery in this matter. 18 2.7 Expert: a person with specialized knowledge or experience in 19 a matter pertinent to the litigation who has been retained by a Party or 20 its counsel to serve as an expert witness or as a consultant in this Action. 21 22 2.8 Final Disposition: the later of (1) dismissal of all claims and 23 defenses in this Action, with or without prejudice; and (2) final judgment 24 herein after the completion and exhaustion of all appeals, rehearings, 25 remands, trials, or reviews of this Action, including the time limits for 26 filing any motions or applications for extension of time pursuant to 27 applicable law. 1 this Action. In-House Counsel does not include Outside Counsel of 2 Record or any other outside counsel. 3 2.10 Non-Party: any natural person, partnership, corporation, 4 association, or other legal entity not named as a Party to this action. 5 2.11 Outside Counsel of Record: attorneys who are not employees 6 of a party to this Action but are retained to represent or advise a party to 7 this Action and have appeared in this Action on behalf of that party or 8 are affiliated with a law firm which has appeared on behalf of that party, 9 and includes support staff. 10 2.12 Party: any party to this Action, including all of its officers, 11 directors, employees, consultants, retained experts, and Outside Counsel 12 of Record (and their support staffs). 13 2.13 Producing Party: a Party or Non-Party that produces 14 Disclosure or Discovery Material in this Action. 15 2.14 Professional Vendors: persons or entities that provide 16 litigation- support services (e.g., photocopying, videotaping, translating, 17 preparing exhibits or demonstrations, and organizing, storing, or 18 retrieving data in any form or medium) and their employees and 19 subcontractors. 20 2.15 Protected Material: any Disclosure or Discovery Material that 21 22 is designated as “CONFIDENTIAL.” 23 2.16 Receiving Party: a Party that receives Disclosure or Discovery 24 Material from a Producing Party. 25 26 3. SCOPE 27 The protections conferred by this Stipulation and Order cover not 1 only Protected Material (as defined above), but also (1) any information 2 copied or extracted from Protected Material; (2) all copies, excerpts, 3 summaries, or compilations of Protected Material; and (3) any 4 testimony, conversations, or presentations by Parties or their Counsel 5 that might reveal Protected Material. 6 Any use of Protected Material at trial shall be governed by the 7 orders of the trial judge. This Stipulated Protective Order does not 8 govern the use of Protected Material at trial. 9

10 4. TRIAL AND DURATION 11 The terms of this Stipulated Protective Order apply through Final 12 Disposition of the Action. 13 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this Stipulated Protective 16 Order and used or introduced as an exhibit at trial becomes public and 17 will be presumptively available to all members of the public, including 18 the press, unless compelling reasons supported by specific factual 19 findings to proceed otherwise are made to the trial judge in advance of 20 the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good 21 cause” showing for sealing documents produced in discovery from 22 “compelling reasons” standard when merits-related documents are part 23 of court record). Accordingly, for such materials, the terms of this 24 Stipulated Protective Order do not extend beyond the commencement of 25 the trial. 26 Even after Final Disposition of this litigation, the confidentiality 27 obligations imposed by this Stipulated Protective Order shall remain in 1 effect until a Designating Party agrees otherwise in writing or a court 2 order otherwise directs. 3 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for 6 Protection. Each Party or Non-Party that designates information or 7 items for protection under this Order must take care to limit any such 8 designation to specific material that qualifies under the appropriate 9 standards. The Designating Party must designate for protection only 10 those parts of material, documents, items, or oral or written 11 communications that qualify so that other portions of the material, 12 documents, items, or communications for which protection is not 13 warranted are not swept unjustifiably within the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. 15 Designations that are shown to be clearly unjustified or that have been 16 made for an improper purpose (e.g., to unnecessarily encumber the case 17 18 development process or to impose unnecessary expenses and burdens on 19 other parties) may expose the Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or 21 items that it designated for protection do not qualify for protection, that 22 Designating Party must promptly notify all other Parties that it is 23 withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise 25 provided in this Stipulated Protective Order (see, e.g., second paragraph 26 of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 27 or Discovery Material that qualifies for protection under this Stipulated 1 Protective Order must be clearly so designated before the material is 2 disclosed or produced. 3 Designation in conformity with this Stipulated Protective Order 4 requires: 5 (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or 7 trial proceedings), that the Producing Party affix at a minimum, the 8 legend “CONFIDENTIAL” to each page that contains protected 9 material. If only a portion or portions of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify 11 the protected portion(s) (e.g., by making appropriate markings in the 12 margins). 13 A Party or Non-Party that makes original documents available for 14 inspection need not designate them for protection until after the 15 inspecting Party has indicated which documents it would like copied 16 and produced. During the inspection and before the designation, all of 17 the material made available for inspection shall be deemed 18 CONFIDENTIAL. After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must 20 21 determine which documents, or portions thereof, qualify for protection 22 under this Stipulated Protective Order. Then, before producing the 23 specified documents, the Producing Party must affix the 24 “CONFIDENTIAL” legend to each page that contains Protected 25 Material. If only a portion or portions of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify 27 the protected portion(s) (e.g., by making appropriate markings in the 1 (b) for testimony given in depositions that the Designating Party 2 identify the Disclosure or Discovery Material on the record, before the 3 close of the deposition all protected testimony. 4 (c) for information produced in some form other than 5 documentary and for any other tangible items, that the Producing Party 6 affix in a prominent place on the exterior of the container or containers 7 in which the information is stored the “CONFIDENTIAL” legend. If only 8 a portion or portions of the information warrants protection, the 9 Producing Party, to the extent practicable, shall identify the protected 10 portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an 12 inadvertent failure to designate qualified information or items does not, 13 standing alone, waive the Designating Party’s right to secure protection 14 under this Order for such material. Upon timely correction of a 15 designation, the Receiving Party must make reasonable efforts to assure 16 that the material is treated in accordance with the provisions of this 17 18 Stipulated Protective Order. 19 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may 22 challenge a designation of confidentiality at any time that is consistent 23 with the court’s Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the 25 dispute resolution process under Local Rule 37.1 et seq. and with 26 Section 2 of Judge Christensen’s Civil Procedures titled “Brief Pre- 27 1 Discovery Motion Conference.”2 2 6.3 The burden of persuasion in any such challenge proceeding 3 shall be on the Designating Party. Frivolous challenges, and those 4 made for an improper purpose (e.g., to harass or impose unnecessary 5 expenses and burdens on other parties) may expose the Challenging 6 Party to sanctions. Unless the Designating Party has waived or 7 withdrawn the confidentiality designation, all parties shall continue to 8 afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the court rules on 10 the challenge. 11

12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected 14 Material that is disclosed or produced by another Party or by a Non- 15 Party in connection with this Action only for prosecuting, defending, or 16 17 attempting to settle this Action. Such Protected Material may be 18 disclosed only to the categories of persons and under the conditions 19 described in this Order. When the Action reaches a Final Disposition, a 20 Receiving Party must comply with the provisions of section 13 below. 21 Protected Material must be stored and maintained by a Receiving 22 Party at a location and in a secure manner that ensures that access is 23 limited to the persons authorized under this Stipulated Protective 24 Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 26

27 2 Judge Christensen’s Procedures are available at 1 Unless otherwise ordered by the court or permitted in writing by the 2 Designating Party, a Receiving Party may disclose any information or 3 item designated “CONFIDENTIAL” only: 4 (a) to the Receiving Party’s Outside Counsel of Record in this 5 Action, as well as employees of said Outside Counsel of Record to whom 6 it is reasonably necessary to disclose the information for this Action; 7 (b) to the officers, directors, and employees (including House 8 Counsel) of the Receiving Party to whom disclosure is reasonably 9 necessary for this Action; 10 (c) to Experts (as defined in this Order) of the Receiving Party to 11 whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) to the court and its personnel; 14 (e) to court reporters and their staff; 15 (f) to professional jury or trial consultants, mock jurors, and 16 Professional Vendors to whom disclosure is reasonably necessary for 17 this Action and who have signed the “Acknowledgment and Agreement 18 to Be Bound” (Exhibit A); 19 (g) to the author or recipient of a document containing the 20 information or a custodian or other person who otherwise possessed or 21 22 knew the information; 23 (h) during their depositions, to witnesses, and attorneys for 24 witnesses, in the Action to whom disclosure is reasonably necessary, 25 provided: (1) the deposing party requests that the witness sign the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the 27 witness will not be permitted to keep any confidential information 1 (Exhibit A), unless otherwise agreed by the Designating Party or 2 ordered by the court. Pages of transcribed deposition testimony or 3 exhibits to depositions that reveal Protected Material may be separately 4 bound by the court reporter and may not be disclosed to anyone except 5 as permitted under this Stipulated Protective Order; and 6 (i) to any mediator or settlement officer, and their supporting 7 personnel, mutually agreed upon by any of the parties engaged in 8 settlement discussions. 9

10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in 13 other litigation that compels disclosure of any information or items 14 designated in this Action as “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 18 (b) promptly notify in writing the party who caused the 19 subpoena or order to issue in the other litigation that some or all of the 20 material covered by the subpoena or order is subject to this Protective 21 Order. Such notification shall include a copy of this Stipulated 22 Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to 24 be pursued by the Designating Party whose Protected Material may be 25 affected. 26 If the Designating Party timely seeks a protective order, the 27 Party served with the subpoena or court order shall not produce any 1 information designated in this action as “CONFIDENTIAL” before a 2 determination by the court from which the subpoena or order issued, 3 unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these 6 provisions should be construed as authorizing or encouraging a 7 Receiving Party in this Action to disobey a lawful directive from another 8 court. 9

10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 9.1 Application. The terms of this Stipulated Protective Order 13 are applicable to information produced by a Non-Party in this Action and 14 designated as “CONFIDENTIAL.” Such information produced by Non- 15 Parties in connection with this litigation is protected by the remedies 16 and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional 18 protections. 19 9.2 Notification. In the event that a Party is required, by a valid 20 21 discovery request, to produce a Non-Party’s confidential information in 22 its possession, and the Party is subject to an agreement with the Non- 23 Party not to produce the Non-Party’s confidential information, then the 24 Party shall: 25 (a) promptly notify in writing the Requesting Party and the 26 Non-Party that some or all of the information requested is subject to a 27 confidentiality agreement with a Non-Party; 1 the Non-Party, if requested. 2 9.3 Conditions of Production. If the Non-Party fails to seek a 3 protective order from this court within 14 days of receiving the notice 4 and accompanying information, the Receiving Party may produce the 5 Non-Party’s confidential information responsive to the discovery request. 6 If the Non-Party timely seeks a protective order, the Receiving Party 7 shall not produce any information in its possession or control that is 8 subject to the confidentiality agreement with the Non-Party before a 9 determination by the court. Absent a court order to the contrary, the 10 Non-Party shall bear the burden and expense of seeking protection in 11 this court of its Protected Material. 12

13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 14 MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it 16 17 has disclosed Protected Material to any person or in any circumstance 18 not authorized under this Stipulated Protective Order, the Receiving 19 Party must immediately (a) notify in writing the Designating Party of 20 the unauthorized disclosures, (b) use its best efforts to retrieve all 21 unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of 23 this Order, and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 25 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 27 OTHERWISE PROTECTED MATERIAL 1 When a Producing Party gives notice to Receiving Parties that 2 certain inadvertently produced material is subject to a claim of privilege 3 or other protection, the obligations of the Receiving Parties are those set 4 forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure. This 5 provision is not intended to modify whatever procedure may be 6 established in an e-discovery order that provides for production without 7 prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal 8 Rules of Evidence, insofar as the parties reach an agreement on the 9 effect of disclosure of a communication or information covered by the 10 attorney-client privilege or work product protection, the parties may 11 incorporate their agreement in the stipulated protective order 12 submitted to the court. 13

14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Stipulated 16 17 Protective Order abridges the right of any person to seek its 18 modification by the court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry 20 of this Stipulated Protective Order no Party waives any right it 21 otherwise would have to object to disclosing or producing any 22 information or item on any ground not addressed in this Stipulated 23 Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this 25 Stipulated Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under 27 seal any Protected Material must comply with Local Rule 79-5. 1 Protected Material may only be filed under seal pursuant to a court 2 order authorizing the sealing of the specific Protected Material at issue. 3 If a Party's request to file Protected Material under seal is denied by the 4 court, then the Receiving Party may file the information in the public 5 record unless otherwise instructed by the court. 6 7 13. FINAL DISPOSITION 8 After the Final Disposition of this Action, as defined in paragraph 9 4, within 60 days of a written request by the Designating Party, each 10 Receiving Party must return all Protected Material to the Producing 11 Party or destroy such material. As used in this subdivision, “all 12 Protected Material” includes all copies, abstracts, compilations, 13 summaries, and any other format reproducing or capturing any of the 14 Protected Material. Whether the Protected Material is returned or 15 destroyed, the Receiving Party must submit a written certification to 16 the Producing Party (and, if not the same person or entity, to the 17 18 Designating Party) by the 60 day deadline that (1) identifies (by 19 category, where appropriate) all the Protected Material that was 20 returned or destroyed and (2) affirms that the Receiving Party has not 21 retained any copies, abstracts, compilations, summaries or any other 22 format reproducing or capturing any of the Protected Material. 23 Notwithstanding this provision, Counsel is entitled to retain an archival 24 copy of all pleadings, motion papers, trial, deposition, and hearing 25 transcripts, legal memoranda, correspondence, deposition and trial 26 exhibits, expert reports, attorney work product, and consultant and 27 expert work product, even if such materials contain Protected Material. 1 || Any such archival copies that contain or constitute Protected Material 2 || remain subject to this Protective Order as set forth in Section 4. 3 * || 14. VIOLATION ° Any violation of this Stipulated Protective Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

11 || DATED:_Hebruary 18, 2025 /s/ Jonathan A. Stieglitz Jonathan A. Stieglitz 14 Attorney(s) for Plaintiff(s) 15 16 || DATED: February 13, 2025 /s/ Kathleen Cahill Slaught 7 Kathleen Cahill Slaught 18 Ryan R. Tikker 19 Attorney(s) for Defendant(s) 20 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

°° DATED: February 14, 2025 BE STEPHANIE S. CHRISTENSEN 25 United States Magistrate Judge 26 27 28

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2

3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the 8 case of __________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to 10 comply with and to be bound by all the terms of this Stipulated 11 Protective Order and I understand and acknowledge that failure to so 12 comply could expose me to sanctions and punishment in the nature of 13 14 contempt. I solemnly promise that I will not disclose in any manner 15 any information or item that is subject to this Stipulated Protective 16 Order to any person or entity except in strict compliance with the 17 provisions of this Order. 18 I further agree to submit to the jurisdiction of the United States 19 District Court for the Central District of California for the purpose of 20 enforcing the terms of this Stipulated Protective Order, even if such 21 enforcement proceedings occur after termination of this action. I 22 hereby appoint ________________________ [print or type full name] 23 of _________ [print or type full address and telephone number] as 24 25 26 27 1 my California agent for service of process in connection with this action 2 or any proceedings related to enforcement of this Stipulated Protective 3 Order. 4 5 Date: ___________________________ 6 City and State where sworn and 7 signed: ___________________________ 8 Printed name: ___________________________ 9 Signature: ___________________________ 10

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