George Barney v. Nova Lifestyle, Inc.

Opinion

1 Eejraickk Lso. nJa@ckcsoozne,n E.csoqm. (SBN 166010) 2 COZEN O'CONNOR 601 S. Figueroa Street, Suite 3700 3 Los Angeles, CA 90017 Telephone: 213.892.7900 4 Facsimile: 213.892.7999 5 Attorneys for Defendants NOVA LIFESTYLE, INC., THANH H. LAM and 6 JEFFERY CHUANG 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 GEORGE BARNEY, Individually and on ) Case No. 2:18-cv-10725-TJH (AFMx) 11 behalf of all others similarly situated, ) ) STIPULATED [PROPOSED] 12 Plaintiff, ) PROTECTIVE ORDER ) GOVERNING CONFIDENTIAL 13 vs. ) INFORMATION NOVA LIFESTYLE, INC., THANH H. ) 14 LAM, an individual, YA MING WONG, ) an individual, JEFFERY CHUANG, an ) 15 individual, and YUEN CHING HO, an ) individual, ) 16 ) Defendants. ) 17 ) 18 19 20 STIPULATED PROTECTIVE ORDER 21 22 1. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, 24 proprietary,or private information for which special protection from public disclosure 25 and from use for any purpose other than pursuing this litigation may be warranted. 26 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 27 following Stipulated Protective Order. The Parties acknowledge that this Order does 28 not confer blanket protections on all disclosures or responses to discovery and that 1 the protection it affords from public disclosure and use extends only to the limited 2 information or items that are entitled to confidential treatment under the applicable 3 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 4 that this Stipulated Protective Order does not entitle them to file confidential 5 information under seal; Civil Local Rule 79-5 sets forth the procedures that must 6 be followed and the standards that will be applied when a partyseeks permission from 7 the court to file material under seal. 8 9 2. GOOD CAUSE STATEMENT 10 This action is likely to involve trade secrets and other valuable research, 11 development, commercial, financial, technical, and/or proprietary information for 12 which special protection from public disclosure and from use for any purpose other 13 than litigation of this action is warranted. Such confidential and proprietary materials 14 and information consist of, among other things, confidential business or financial 15 information, information regarding confidential business practices, policies and/or 16 procedures, or other confidential research, development, or commercial information 17 (including information implicating privacy rights of third parties), information 18 otherwise generally unavailable to the public, or which may be privileged or otherwise 19 protected from disclosure under state or federal statutes, court rules, case decisions, 20 or common law. Public disclosure of such information, documents, and materials 21 would result in prejudice or harm to the Parties by providing their respective 22 competitors with an unfair business advantage. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the Parties are entitled to keep 25 confidential, to ensure that the Parties are permitted reasonable necessary uses of such 26 material in preparation for and in the conduct of trial, to address their handling at the 27 end of the litigation, and serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the Parties that information 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public manner, and there is good cause why it should not be part of the public 4 record of this case. 5 6 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 7 PROCEDURE 8 The Parties further acknowledge, as set forth in Section 14.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal. Local Civil Rule 79-5 sets forth the procedures that must be followed and 11 the standards that will be applied when a Party seeks permission from the Court to 12 file material under seal. There is a strong presumption that the public has a right of 13 access to judicial proceedings and records in civil cases. In connection with non- 14 dispositive motions, good cause must be shown to support a filing under seal. See 15 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); 16 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (even 17 stipulated protective orders require good cause showing and a specific showing of 18 good cause or compelling reasons with proper evidentiary support and legal 19 justification, must be made with respect to Protected Material that a Party seeks to file 20 under seal). The Parties’ mere designation of Disclosure or Discovery Material as 21 CONFIDENTIAL does not – without the submission of competent evidence by 22 declaration establishing that the material sought to be filed under seal qualifies as 23 confidential, privileged, or otherwise protectable – constitute good cause. 24 Further, if a Party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only goodcause, for the sealing must be shown, and the relief 26 sought shall be narrowly tailored to serve the specific interest to be protected. See 27 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 28 or type of information, document, or thing sought to be filed or introduced under seal, 1 the Party seeking protection must articulate compelling reasons, supported by specific 2 facts and legal justification, for the requested sealing order. Again, competent 3 evidence supporting the application to file documents under seal must be provided by 4 declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. If 7 documents can be redacted, then a redacted version for public viewing, omitting only 8 the confidential, privileged, or otherwise protectable portions of the document, shall 9 be filed. Any application that seeks to file documents under seal in their entirety 10 should include an explanation of why redaction is not feasible. 11 12 4. DEFINITIONS 13 4.1 Action: Barney v. Nova Lifestyle, Inc., Case No. 2:18-cv-10725-TJH 14 (AFMx), U.S. District Court for the Central District of California. 15 4.2 Challenging Party: a Party or Non-Party that challenges the designation 16 of information or items under this Order. 17 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for protection 19 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 20 Cause Statement. 21 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 22 support staff). 23 4.5 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 4.6 Disclosure or Discovery Material: all items or information, regardless of 27 the medium or manner in which it is generated, stored, or maintained (including, 28 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery. 3 4.7 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 5 an expert witness or as a consultant in this Action. 6 4.8 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 4.9 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 4.10 Outside Counsel of Record: attorneys who are not employees of a Party 12 but are retained to represent a Party and have appeared in this Action on behalf of that 13 Party or are affiliated with a law firm that has appeared on behalf of that Party, and 14 includes support staff. 15 4.11 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 staff). 18 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 4.13 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) 23 and their employees and subcontractors. 24 4.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 1 5. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material, but also (1) any information copied or extracted from Protected 4 Material, (2) all copies, excerpts, summaries, or compilations of Protected Material, 5 and (3) any testimony, conversations, or presentations by Parties or their Counsel that 6 might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge and other applicable authorities. This Order does not govern the use of 9 Protected Material at trial. 10 11 6. DURATION 12 Once a case proceeds to trial, information that was designated as 13 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 14 as an exhibit at trial becomes public and will be presumptively available to all 15 members of the public, including the press, unless compelling reasons supported by 16 specific factual findings to proceed otherwise are made to the trial judge in advance 17 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 18 showing for sealing documents produced in discovery from “compelling reasons” 19 standard when merits-related documents are part of court record). Any such 20 information that becomes public will no longer be subject to the terms of this 21 Protective Order. 22 7. DESIGNATING PROTECTED MATERIAL 23 7.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under this 25 Order must take care to limit any such designation to specific material that qualifies 26 under the appropriate standards. The Designating Party must designate for protection 27 only those parts of material, documents, items, or oral or written communications that 28 qualify so that other portions of the material, documents, items, or communications 1 for which protection is not warranted are not swept unjustifiably within the ambit of 2 this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other Parties) may expose the Designating Party 7 to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 7.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 13 that qualifies for protection under this Order must be clearly so designated before the 14 material is disclosed or produced. 15 Designation in conformity with this Order requires: 16 (a) For information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or 18 trial proceedings), that the Producing Party affix at a minimum, the 19 legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to 20 each page that contains protected material. If only a portion of the 21 material on a page qualifies for protection, the Producing Party also must 22 clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins). A Party or Non-Party that makes original 24 documents available for inspection need not designate them for 25 protection until after the inspecting Party has indicated which documents 26 it would like copied and produced. During the inspection and before the 27 designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified 1 the documents it wants copied and produced, the Producing Party must 2 determine which documents, or portions thereof, qualify for protection 3 under this Order. Then, before producing the specified documents, the 4 Producing Party must affix the “CONFIDENTIAL” legend to each page 5 that contains Protected Material. If only a portion of the material on a 6 page qualifies for protection, the Producing Party also must clearly 7 identify the protected portion(s) (e.g., by making appropriate markings 8 in the margins). 9 (b) For testimony given in depositions that the Designating Party identifies 10 the Disclosure or Discovery Material on the record, before the close of 11 the deposition all protected testimony. 12 (c) For information produced in some form other than documentary and for 13 any other tangible items, that the Producing Party affix in a prominent 14 place on the exterior of the container or containers in which the 15 information is stored the “CONFIDENTIAL” legend. If only a portion 16 or portions of the information warrants protection, the Producing Party, 17 to the extent practicable, shall identify the protected portion(s). 18 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 19 failure to designate qualified information or items does not, standing alone, waive the 20 Designating Party’s right to secure protection under this Order for such material. 21 Upon timely correction of a designation, the Receiving Party must make reasonable 22 efforts to assure that the material is treated in accordance with the provisions of this 23 Order. 24 25 26 27 28 1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1, et seq. 7 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 8 joint stipulation pursuant to Local Rule 37-2. 9 8.4 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper purpose 11 (e.g., to harass or impose unnecessary expenses and burdens on other Parties) may 12 expose the Challenging Party to sanctions. Unless the Designating Party has waived 13 or withdrawn the confidentiality designation, all Parties shall continue to afford the 14 material in question the level of protection to which it is entitled under the Producing 15 Party’s designation until the Court rules on the challenge. 16 17 9. ACCESS TO AND USE OF PROTECTED MATERIAL 18 9.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this 20 Action only for prosecuting, defending or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a Receiving 23 Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a location 25 and in a secure manner that ensures that access is limited to the persons authorized 26 under this Order. 27 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 28 otherwise ordered by the Court or permitted in writing by the Designating Party, a 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well 4 as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) The officers, directors, and employees (including House Counsel) of the 7 Receiving Party to whom disclosure is reasonably necessary for this 8 Action; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed 11 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) The Court and its personnel; 13 (e) Court reporters and their staff; 14 (f) Professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and 16 who have signed the “Acknowledgment and Agreement to Be Bound” 17 (Exhibit A); 18 (g) The author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the 20 information; 21 (h) During their depositions, witnesses, and attorneys for witnesses, in the 22 Action to whom disclosure is reasonably necessary provided: (1) the 23 deposing Party requests that the witness sign the form attached as Exhibit 24 A hereto; and (2) they will not be permitted to keep any confidential 25 information unless they sign the “Acknowledgment and Agreement to 26 Be Bound” (Exhibit A), unless otherwise agreed by the Designating 27 Party or ordered by the Court. Pages of transcribed deposition testimony 28 or exhibits to depositions that reveal Protected Material may be 1 separately bound by the court reporter and may not be disclosed to 2 anyone except as permitted under this Stipulated Protective Order; 3 (i) Any mediators or settlement officers and their supporting personnel, 4 mutually agreed upon by any of the Parties engaged in settlement 5 discussions; and 6 (j) auditors, regulators, and other such entities as is reasonably necessary in 7 the ordinary course of business and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A). 9 10 10. 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 other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL,” that Party must: 15 (a) Promptly notify in writing the Designating Party, and such notification 16 shall include a copy of the subpoena or court order; 17 (b) Promptly notify in writing the party who caused the subpoena or order 18 to issue in the other litigation that some or all of the material covered by 19 the subpoena or order is subject to this Protective Order, and such 20 notification shall include a copy of this Stipulated Protective Order; and 21 (c) Cooperate with respect to all reasonable procedures sought to be pursued 22 by the Designating Party whose Protected Material may be affected. If 23 the Designating Party timely seeks a protective order, the Party served 24 with the subpoena or court order shall not produce any information 25 designated in this action as “CONFIDENTIAL” before a determination 26 by the court from which the subpoena or order issued, unless the Party 27 has obtained the Designating Party’s permission. The Designating Party 28 shall bear the burden and expense of seeking protection in that court of 1 its confidential material and nothing in these provisions should be 2 construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 5 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 6 BE PRODUCED IN THIS LITIGATION 7 The terms of this Order are applicable to information produced by a Non-Party 8 in this Action and designated as “CONFIDENTIAL.” Such information produced by 9 Non-Parties in connection with this litigation is protected by the remedies and relief 10 provided by this Order. Nothing in these provisions should be construed as prohibiting 11 a Non-Party from seeking additional protections. 12 In the event that a Party is required, by a valid discovery request, to produce a 13 Non-Party’s confidential information in its possession, and the Party is subject to an 14 agreement with the Non-Party not to produce the Non-Party’s confidential 15 information, then the Party shall: 16 (a) promptly notify in writing the Requesting Party and the Non-Party that 17 some or all of the information requested is subject to a confidentiality 18 agreement with a Non-Party; 19 (b) Promptly provide the Non-Party with a copy of the Stipulated Protective 20 Order in this Action, the relevant discovery request(s), and a reasonably 21 specific description of the information requested; and 22 (c) make the information requested available for inspection by the Non- 23 Party, if requested. 24 If the Non-Party fails to seek a protective order from this Court within 14 days 25 of receiving the notice and accompanying information, the Receiving Party may 26 produce the Non-Party’s confidential information responsive to the discovery request. 27 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 28 any information in its possession or control that is subject to the confidentiality 1 agreement with the Non-Party before a determination by the Court. Absent a court 2 order to the contrary, the Non-Party shall bear the burden and expense of seeking 3 protection in this court of its Protected Material. 4 5 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 6 MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 12 persons to whom unauthorized disclosures were made of all the terms of this Order, 13 and (d) request such person or persons to execute the “Acknowledgment an 14 Agreement to Be Bound” attached hereto as Exhibit A. 15 16 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 17 OTHERWISE PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other protection, 20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 22 may be established in an e-discovery order that provides for production without prior 23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 24 Parties reach an agreement on the effect of disclosure of a communication or 25 information covered by the attorney-client privilege or work product protection, the 26 Parties may incorporate their agreement in the stipulated protective order submitted 27 to the Court. 28 1 14. MISCELLANEOUS 2 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 14.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 14.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the specific 12 Protected Material. If a Party’s request to file Protected Material under seal is denied 13 by the Court, then the Receiving Party may file the information in the public record 14 unless otherwise instructed by the Court. 15 16 15. FINAL DISPOSITION 17 After the final disposition of this Action and exhaustion of any related appeals, 18 within 60 days of a written request by the Designating Party, each Receiving Party 19 must return all Protected Material to the Producing Party or destroy such material. As 20 used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the 22 Protected Material. Whether the Protected Material is returned or destroyed, the 23 Receiving Party must submit a written certification to the Producing Party (and, if not 24 the same person or entity, to the Designating Party) by the 60-day deadline that (1) 25 identifies (by category, where appropriate) all the Protected Material that was returned 26 or destroyed, and (2) affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries, or any other format reproducing or capturing any 28 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 1 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 3 reports, attorney work product, and consultant and expert work product, even if such 4 materials contain Protected Material. Any such archival copies that contain or 5 constitute Protected Material remain subject to this Protective Order. 6 7 16. VIOLATION 8 Any violation of this Order may be punished by appropriate measures 9 including, without limitation, contempt proceedings and/or monetary sanctions. 10 11 12 13 14 IT IS SO STIPULATED. 15 16 17 18 19 Dated: December 28, 2020 COZEN O’CONNOR 20 21 By:__/s/ Erik L. Jackson______________ Erik L. Jackson 22 Attorney for Defendants NOVA 23 LIFESTYLE, INC; THANH H. LAM and JEFFREY CHUANG 24 25 26 27 28 1|| Dated: December 28, 2020 ROSEN LAW FIRM PA 3 By:__/s/ Stephen M. Shepardson 4 Laurence M. Rosen Phillip Kim 5 Stephen M. Shepardson 6 Attorney for Plaintiffs GEORGE BARNEY; RICHARD DEUTNER; 7 ITENT BY EDV ?|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 10 11|| DATED: 1/14/2021 □ 1 (dy Wi 13 14 Alexander F. MacKinnon United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

1 2 3 4 5 6 7 8 9 EXHIBIT A 10 ACKNOWLEDGMENT AND AGREEMENT TO BEBOUND 11 12 I, ___________________, of ____________________________, declare 13 under penalty of perjury that I have read in its entirety and understand the 14 Stipulated Protective Order that was issued by the United States District Court for 15 the Central District of California on ________ in the case of Barney v. Nova 16 Lifestyle, Inc., Case No. 2:18-cv-10725-TJH (AFMx). I agree to comply with and to 17 be bound by all the terms of this Stipulated Protective Order and I understand 18 and acknowledge that failure to so comply could expose me to sanctions and 19 punishment in the nature of contempt. I solemnly promise that I will not disclose in 20 any manner any information or item that is subject to this Stipulated Protective 21 Order to any person or entity except in strict compliance with the provisions of this 22 Order. 23 I further agree to submit to the jurisdiction of the United States District Court 24 for the Central District of California for the purpose of enforcing the terms of 25 this Stipulated Protective Order, even if such enforcement proceedings occur 26 after termination of this action. I hereby appoint ____________________ of 27 _________ as my California agent for service of process in connection with this 28 1 action or any proceedings related to enforcement of this Stipulated Protective 2 Order. 3 4 Date: 5 6 City and State where sworn and signed: 7 Printed name: ___________ 8 Signature: __________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28