Juan Molina v. Ralph Diaz

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 12 JUAN MOLINA, 5:20-cv-00518-SVW-AS 13 Plaintiff, STIPULATED PROTECTIVE 14 ORDER v. 15 16 E. NUNEZ, et al., 17 Defendants. 18 1. A. PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 grant the following Joint Motion for Stipulated Protective Order (“Stipulated 24 Protective Order”). The parties acknowledge that this Order does not confer 25 blanket protections on all disclosures or responses to discovery and that the 26 protection it affords from public disclosure and use extends only to the limited 27 information or items that are entitled to confidential treatment under the applicable 28 1 legal principles. The parties further acknowledge, as set forth in Section 12.3, 2 below, that this Stipulated Protective Order does not entitle them to file confidential 3 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 4 followed and the standards that will be applied when a party seeks permission from 5 the court to file material under seal. 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve materials which concerns or relates to the 8 processes, operations or work of the California Department of Corrections and 9 Rehabilitation and its employees and agents (collectively “CDCR”), the disclosure 10 of which may have the effect of causing harm or endangering the safety of CDCR 11 staff, inmates, or third persons. Disclosure will also undermine the ability of 12 CDCR to conduct investigations. Additionally, Plaintiff is currently in CDCR 13 custody, and providing him access to certain sensitive information creates safety 14 and security concerns. Such confidential materials and information consist of, 15 among other things, information about confidential informants, prison procedures 16 for investigating the introduction of contraband, prison procedure for conducting 17 targeted cell searches, prison procedures for investigating inmates accused of 18 misconduct, and other information that is only available to staff on a need-to-know 19 basis, not provided to inmates, or which may be privileged or otherwise protected 20 from disclosure under state or federal statutes, court rules, case decisions, or 21 common law. Accordingly, to expedite the flow of information, to facilitate the 22 prompt resolution of disputes over confidentiality of discovery materials, to 23 adequately protect information the parties are entitled to keep confidential, to ensure 24 that the parties are permitted reasonable necessary uses of such material in 25 preparation for and in the conduct of trial, to address their handling at the end of the 26 litigation, and serve the ends of justice, a protective order for such information is 27 justified in this matter. It is the intent of the parties that information will not be 28 1 designated as Confidential or Attorneys’ Eyes Only for tactical reasons and that 2 nothing be so designated without a good faith belief that it has been maintained in a 3 confidential, non-public manner, and there is good cause why it should not be part 4 of the public record of this case. 5 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this 7 Stipulated Protective Order does not entitle them to file confidential information 8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 and the standards that will be applied when a party seeks permission from the court 10 to file material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non-dispositive motions, 13 good cause must be shown to support a filing under seal. See Kamakana v. City 14 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. 15 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony 16 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 17 orders require good cause showing), and a specific showing of good cause or 18 compelling reasons with proper evidentiary support and legal justification, must be 19 made with respect to Protected Material that a party seeks to file under seal. The 20 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 21 does not—without the submission of competent evidence by declaration, 22 establishing that the material sought to be filed under seal qualifies as confidential, 23 privileged, or otherwise protectable—constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, 25 then compelling reasons, not only good cause, for the sealing must be shown, and 26 the relief sought shall be narrowly tailored to serve the specific interest to be 27 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 28 2010). For each item or type of information, document, or thing sought to be filed 1 or introduced under seal in connection with a dispositive motion or trial, the party 2 seeking protection must articulate compelling reasons, supported by specific facts 3 and legal justification, for the requested sealing order. Again, competent evidence 4 supporting the application to file documents under seal must be provided by 5 declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. 8 If documents can be redacted, then a redacted version for public viewing, omitting 9 only the confidential, privileged, or otherwise protectable portions of the document 10 shall be filed. Any application that seeks to file documents under seal in their 11 entirety should include an explanation of why redaction is not feasible. 12 2. DEFINITIONS 13 2.1 Action: this pending federal lawsuit. 14 2.2 Challenging Party: a Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 the Good Cause Statement. 20 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff). 22 2.5 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 among other things, testimony, transcripts, and tangible things) that are produced or 28 1 generated in disclosures or responses to discovery in this matter. 2 2.7 Expert: a person with specialized knowledge or experience in a matter 3 pertinent to the litigation who has been retained by a Party or its counsel to serve as 4 an expert witness or as a consultant in this Action. 5 2.8 House Counsel: attorneys who are employees of a party to this Action. 6 House Counsel does not include Outside Counsel of Record or any other outside 7 counsel. 8 2.9 Non-Party: any natural person, partnership, corporation, association or 9 other legal entity not named as a Party to this action. 10 2.10 Outside Counsel of Record: attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this Action and 12 have appeared in this Action on behalf of that party or are affiliated with a law firm 13 that has appeared on behalf of that party, and includes support staff. 14 2.11 Party: any party to this Action, including all of its officers, directors, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 17 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 2.13 Professional Vendors: persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 and their employees and subcontractors. 23 2.14 Protected Material: any Disclosure or Discovery Material that is 24 designated as “CONFIDENTIAL.” 25 2.15 Receiving Party: a Party that receives Disclosure or Discovery 26 Material from a Producing Party.

27 2.16 CONFIDENTIAL ATTORNEYS’ EYES ONLY: information 28 1 (regardless of how it is generated, stored or maintained) or tangible things that 2 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 3 above in the Good Cause Statement. Additionally, the information concerns 4 CDCR’s internal affairs, investigatory tactics, and third parties which is not 5 provided to inmates for safety and security reasons. Thus, information designated 6 Attorneys’ Eyes Only, shall only be disclosed as delineated in paragraph 7.2. 7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the 14 trial judge. This Order does not govern the use of Protected Material at trial. 15

16 4. DURATION 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this protective order used or 19 introduced as an exhibit at trial becomes public and will be presumptively available 20 to all members of the public, including the press, unless compelling reasons 21 supported by specific factual findings to proceed otherwise are made to the trial 22 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 23 “good cause” showing for sealing documents produced in discovery from 24 “compelling reasons” standard when merits-related documents are part of court 25 record). Accordingly, the terms of this protective order do not extend beyond the 26 commencement of the trial. 27 5. DESIGNATING PROTECTED MATERIAL 28 1 5.1 Exercise of Restraint and Care in Designating Material for Protection. 2 Each Party or Non-Party that designates information or items for protection under 3 this Order must take care to limit any such designation to specific material that 4 qualifies under the appropriate standards. The Designating Party must designate for 5 protection only those parts of material, documents, items or oral or written 6 communications that qualify so that other portions of the material, documents, 7 items or communications for which protection is not warranted are not swept 8 unjustifiably within the ambit of this Order. 9 Mass, indiscriminate or routinized designations are prohibited. Designations 10 that are shown to be clearly unjustified or that have been made for an improper 11 purpose (e.g., to unnecessarily encumber the case development process or to 12 impose unnecessary expenses and burdens on other parties) may expose the 13 Designating Party to sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 designated for protection do not qualify for protection that Designating Party must 16 promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 5.2 Manner and Timing of Designations. Except as otherwise provided in 18 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 19 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 20 under this Order must be clearly so designated before the material is disclosed or 21 produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic 24 documents, but excluding transcripts of depositions or other pretrial or trial 25 proceedings), that the Producing Party affix at a minimum, the legend 26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or 27 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter “ATTORNEYS’ 28 EYES only legend), to each page that contains protected material. If only a portion 1 of the material on a page qualifies for protection, the Producing Party also must 2 clearly identify the protected portion(s) (e.g., by making appropriate markings in 3 the margins). 4 A Party or Non-Party that makes original documents available for inspection 5 need not designate them for protection until after the inspecting Party has indicated 6 which documents it would like copied and produced. During the inspection and 7 before the designation, all of the material made available for inspection shall be 8 deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the 9 inspecting Party has identified the documents it wants copied and produced, the 10 Producing Party must determine which documents, or portions thereof, qualify for 11 protection under this Order. Then, before producing the specified documents, the 12 Producing Party must affix the “CONFIDENTIAL legend” or “ATTORNEYS’ 13 EYES ONLY legend” to each page that contains Protected Material. If only a 14 portion of the material on a page qualifies for protection, the Producing Party also 15 must clearly identify the protected portion(s) (e.g., by making appropriate markings 16 in the margins). 17 (b) for testimony given in depositions that the Designating Party identifies 18 the Disclosure or Discovery Material on the record, before the close of the 19 deposition 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 the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or 24 portions of the information warrants 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 28 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 that is consistent with the Court’s 8 Scheduling Order. 9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 10 resolution process under Local Rule 37.1 et seq. 11 6.3 The burden of persuasion in any such challenge proceeding shall be on 12 the Designating Party. Frivolous challenges, and those made for an improper 13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 14 parties) may expose the Challenging Party to sanctions. Unless the Designating 15 Party has waived or withdrawn the confidentiality designation, all parties shall 16 continue to afford the material in question the level of protection to which it is 17 entitled under the Producing Party’s designation until the Court rules on the 18 challenge. 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is 21 disclosed or produced by another Party or by a Non-Party in connection with this 22 Action only for prosecuting, defending or attempting to settle this Action. Such 23 Protected Material may be disclosed only to the categories of persons and under the 24 conditions described in this Order. When the Action has been terminated, a 25 Receiving Party must comply with the provisions of section 13 below (FINAL 26 DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at a 28 1 location and in a secure manner that ensures that access is limited to the persons 2 authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 4 otherwise ordered by the court or permitted in writing by the Designating Party, a 5 Receiving Party may disclose any information or item designated 6 “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 8 as employees of said Outside Counsel of Record to whom it is reasonably necessary 9 to disclose the information for this Action; 10 (b) the officers, directors, and employees (including House Counsel) of the 11 Receiving Party to whom disclosure is reasonably necessary for this Action; 12 (c) Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (d) the court and its personnel; 16 (e) court reporters and their staff; 17 (f) professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (g) the author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the information; 22 (h) during their depositions, witnesses, and attorneys for witnesses, in the 23 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 24 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 25 will not be permitted to keep any confidential information unless they sign the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 27 agreed by the Designating Party or ordered by the court. Pages of transcribed 28 deposition testimony or exhibits to depositions that reveal Protected Material may 1 be separately bound by the court reporter and may not be disclosed to anyone 2 except as permitted under this Stipulated Protective Order; and 3 (i) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 7.2 Disclosure of “CONFIDENTIAL – ATTORNEYS’-EYES ONLY” 6 Information or Items. Attorneys’ Eyes Only Material, and the information 7 contained therein, shall be disclosed to the qualified persons listed in subparagraphs 8 7.1(a) through (i) above, but shall not be disclosed to a party, including Plaintiffs 9 who are currently incarcerated, or any other inmate or third person, unless 10 previously agreed or ordered. If disclosure of Attorneys’ Eyes Only Material is 11 made pursuant to this paragraph, all other provisions in this Order with respect to 12 confidentiality shall apply, including but not limited to, signing and serving a non- 13 disclosure agreement in the form of Exhibit A.

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

15 IN OTHER LITIGATION

16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL,” or “ATTORNEYS’ EYES ONLY” that Party must: 19 (a) promptly notify in writing the Designating Party. Such notification shall 20 include a copy of the subpoena or court order; 21 (b) promptly notify in writing the party who caused the subpoena or order to 22 issue in the other litigation that some or all of the material covered by the subpoena 23 or order is subject to this Protective Order. Such notification shall include a copy 24 of this Stipulated Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued 26 by the Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 1 the subpoena or court order shall not produce any information designated in this 2 action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 3 determination by the court from which the subpoena or order issued, unless the 4 Party has obtained the Designating Party’s permission. The Designating Party shall 5 bear the burden and expense of seeking protection in that court of its confidential 6 material and nothing in these provisions should be construed as authorizing or 7 encouraging a Receiving Party in this Action to disobey a lawful directive from 8 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 Non- 12 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ 13 EYES ONLY.” Such information produced by Non-Parties in connection with this 14 litigation is protected by the remedies and relief provided by this Order. Nothing in 15 these provisions should be construed as prohibiting a Non-Party from seeking 16 additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non-Party 22 that some or all of the information requested is subject to a confidentiality 23 agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated 25 Protective Order in this Action, the relevant discovery request(s), and a reasonably 26 specific description of the information requested; and 27 (3) make the information requested available for inspection by the Non- 28 Party, if requested. 1 (c) If the Non-Party fails to seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party 3 may produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 not produce any information in its possession or control that is subject to the 6 confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and 8 expense of seeking protection in this court of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 10 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best 15 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 16 person or persons to whom unauthorized disclosures were made of all the terms of 17 this Order, and (d) request such person or persons to execute the “Acknowledgment 18 and Agreement to Be Bound” that is attached hereto as Exhibit A.

19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other 23 protection, the obligations of the Receiving Parties are those set forth in Federal 24 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 25 whatever procedure may be established in an e-discovery order that provides for 26 production without prior privilege review. Pursuant to Federal Rule of Evidence 27 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 28 1 of a communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement in the stipulated 3 protective order submitted to the court.

5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 7 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. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 may only be filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party’s request to file Protected Material 18 under seal is denied by the court, then the Receiving Party may file the information 19 in the public record unless otherwise instructed by the court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 60 22 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 1 not the same person or entity, to the Designating Party) by the 60 day deadline that 2 (1) identifies (by category, where appropriate) all the Protected Material that was 3 returned or destroyed and (2) affirms that the Receiving Party has not retained any 4 copies, abstracts, compilations, summaries or any other format reproducing or 5 capturing any of the Protected Material. Notwithstanding this provision, Counsel 6 are entitled to retain an archival copy of all pleadings, motion papers, trial, 7 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 8 and trial exhibits, expert reports, attorney work product, and consultant and expert 9 work product, even if such materials contain Protected Material. Any such archival 10 copies that contain or constitute Protected Material remain subject to this Protective 11 Order as set forth in Section 4 (DURATION).

12 14. VIOLATION 13 Any violation of this Order may be punished by appropriate measures 14 including, without limitation, contempt proceedings and/or monetary sanctions. 15

16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 19 20 21 22 23 24 25 26 27 28 1 D ated: May 23, 2024 Respectfully submitted, 2 ROB BONTA Attorney General of California 3 LYNDSAY CRENSHAW Supervising Deputy Attorney General 4

5 MOHAMMAD IRANMANESH 6 Deputy Attorney General Attorneys for Defendants 7 E. Nunez and J. Zermeno

8 Dated May 23, 2024

9 JARRET ADAMS__________________ 10 Attorney for Plaintiff Juan Molina 11

12 FOR GOOD CAUSE SHOWN, THE JOINT MOTION FOR STIPULATED 13 PROTECTIVE ORDER IS GRANTED AND IT IS SO ORDERED. 14

15 DATED: May 29, 2024

16 /s/ HON. ALKA SAGAR 17 United States Magistrate Judge

28 1 EXHIB IT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [full name], of _________________ [full 4 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 5 District Court for the Central District of California on [date] in the case of ___________ [insert case name and number].Juan Molina v. E. Nunez et al., 6 5:20-cv-00518-SVW-AS 7 . I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is 11 subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court 14 for the Central District of California for the purpose of enforcing the terms of this 15 Stipulated Protective Order, even if such enforcement proceedings occur after 16 termination of this action. I hereby appoint __________________________ [full 17 name] of _______________________________________ [full address and 18 telephone number] as my California agent for service of process in connection 19 with this action or any proceedings related to enforcement of this Stipulated 20 Protective Order. 21 Date: ______________________________________ 22 City and State where signed: _________________________________ 23

24 Printed name: _______________________________ 25

26 Signature: __________________________________ 27 28