Kimberly Banks v. R.C. Bigelow, Inc.

Opinion

1 THE WAND LAW FIRM, P.C. SCHNEIDER WALLACE COTTRELL Aubry Wand (SBN 281207) 2 400 Corporate Pointe, Suite 300 KONECKY LLP Culver City, CA 90230 Todd M. Schneider (SBN 158253) 3 Telephone: (310) 590-4503 Jason H. Kim (SBN 220279) Facsimile: (310) 590-4596 4 E-mail: awand@wandlawfirm.com 2000 Powell Street, Suite 1400 5 Emeryville, CA 94608 Telephone: (415) 421-1700 6 Facsimile: (415) 421-7105 7 E-mail: tschneider@schneiderwallace.com jkim@schneiderwallace.com

8 Attorneys for Plaintiffs and the Putative Class 9

GORDON REES SCULLY MANSUKHANI, LLP 10 Timothy K. Branson (SBN 187242) Joni B. Flaherty (SBN 272690) 11 Patrick J. Mulkern (SBN 307272) 101 W. Broadway, Suite 2000 12 San Diego, CA 92101 Telephone: (619) 230-7789 13 Facsimile: (619) 696-7124 E-mail: tbranson@grsm.com 14 jflaherty@grsm.com pmulkern@grsm.com 15

Attorneys for Defendant 16

UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 KIMBERLY BANKS and CAROL Case No.: 2:20-cv-06208 DDP (RAOx) CANTWELL, individually, and on 19 behalf of all others similarly situated, [PROPOSED] STIPULATED PROTECTIVE ORDER1 20 Plaintiffs,

21 v.

22 R.C. BIGELOW, INC., a corporation; and DOES 1 through 10, inclusive, 23

Defendants. 24

25 26 27 ___________________________________ 1 Plaintiffs Kimberly Banks and Carol Cantwell, on behalf of themselves and all 2 others similarly situated (“Plaintiffs”) and Defendant R.C. Bigelow, Inc. (“Defendant”) 3 (collectively, “the Parties”), by and through their respective counsel of record, having 4 met and conferred on issues concerning the production of confidential, proprietary, or 5 private information in this case, hereby enter into the following Stipulation: 7 A. Purposes and Limitations 8 Discovery in this action is likely to involve production of confidential, 9 proprietary or private information for which special protection from public disclosure 10 and from use for any purpose other than prosecuting this litigation may be warranted. 11 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 12 Stipulated Protective Order. The parties acknowledge that this Order does not confer 13 blanket protections on all disclosures or responses to discovery and that the protection 14 it affords from public disclosure and use extends only to the limited information or 15 items that are entitled to confidential treatment under the applicable legal principles. 16 B. Good Cause Statement 17 This action is likely to involve trade secrets, customer and pricing lists and other 18 valuable research, development, commercial, financial, technical and/or proprietary 19 information for which special protection from public disclosure and from use for any 20 purpose other than prosecution of this action is warranted. Such confidential and 21 proprietary materials and information consist of, among other things, confidential 22 business or financial information, information regarding confidential business 23 practices, or other confidential research, development, or commercial information 24 (including information implicating privacy rights of third parties), information 25 otherwise generally unavailable to the public, or which may be privileged or otherwise 26 protected from disclosure under state or federal statutes, court rules, case decisions, or 27 common law. 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately protect 3 information the parties are entitled to keep confidential, to ensure that the parties are 4 permitted reasonable necessary uses of such material in preparation for and in the 5 conduct of trial, to address their handling at the end of the litigation, and serve the ends 6 of justice, a protective order for such information is justified in this matter. It is the 7 intent of the parties that information will not be designated for tactical reasons and that 8 nothing be so 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 not be part of 10 the public record of this case. 11 C. Acknowledgement of Procedure for Filing Under Seal 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive motions, 19 good cause must be shown to support a filing under seal. See Kamakana v. City and 20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 21 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 22 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 23 cause showing), and a specific showing of good cause or compelling reasons with 24 proper evidentiary support and legal justification, must be made with respect to 25 Protected Material that a party seeks to file under seal. The parties’ mere designation 26 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 27 submission of competent evidence by declaration, establishing that the material sought 1 to be filed under seal qualifies as confidential, privileged, or otherwise protectable— 2 constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, then 4 compelling reasons, not only good cause, for the sealing must be shown, and the relief 5 sought shall be narrowly tailored to serve the specific interest to be protected. See 6 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 7 or type of information, document, or thing sought to be filed or introduced under seal 8 in connection with a dispositive motion or trial, the party seeking protection must 9 articulate compelling reasons, supported by specific facts and legal justification, for the 10 requested sealing order. Again, competent evidence supporting the application to file 11 documents under seal must be provided by declaration. 12 Any document that is not confidential, privileged, or otherwise protectable in its 13 entirety will not be filed under seal if the confidential portions can be redacted. If 14 documents can be redacted, then a redacted version for public viewing, omitting only 15 the confidential, privileged, or otherwise protectable portions of the document shall be 16 filed. Any application that seeks to file documents under seal in their entirety should 17 include an explanation of why redaction is not feasible. 19 2.1 Action: this pending federal lawsuit. 20 2.2 Challenging Party: a Party or Non-Party that challenges the designation 21 of information or items under this Order. 22 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 23 how it is generated, stored or maintained) or tangible things that qualify for protection 24 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 25 Statement. 26 2.4 “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 27 Information or Items: shall be limited to documents, testimony, and information that 1 which is likely to cause substantial harm to the competitive position of the Designating 2 Party, contain information subject to the right of privacy of any person, or contain 3 information alleged to be a trade secret. None of the restrictions set forth in this 4 Stipulated Protective Order shall apply to any documents or other information that are 5 or become public knowledge by means not in violation of the provisions of this 6 Stipulated Protective Order or any law. 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 8 support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery pursuant to this Order. 11 2.6 Disclosure or Discovery Material: all items or information, regardless of 12 the medium or manner in which it is generated, stored, or maintained (including, among 13 other things, testimony, transcripts, and tangible things) that are produced or generated 14 in disclosures or responses to discovery in this matter. 15 2.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 17 expert witness or as a consultant in this Action. 18 2.8 House Counsel: attorneys who are employees of a party to this Action. 19 House Counsel does not include Outside Counsel of Record or any other outside 20 counsel. 21 2.9 Non-Party: any natural person, partnership, corporation, association or 22 other legal entity not named as a Party to this action. 23 2.10 Outside Counsel of Record: attorneys who are not employees of a party 24 to this Action but are retained to represent or advise a party to this Action and have 25 appeared in this Action on behalf of that party or are affiliated with a law firm that has 26 appeared on behalf of that party, and includes support staff. 27 2.11 Party: any party to this Action, including all of its officers, directors, 1 support staffs). 2 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 2.13 Professional Vendors: persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 7 their employees and subcontractors. 8 2.14 Protected Material: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S 10 EYES ONLY.” 11 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 12 from a Producing Party. 14 The protections conferred by this Stipulation and Order cover not only Protected 15 Material (as defined above), but also (1) any information copied or extracted from 16 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 17 Material; and (3) any testimony, conversations, or presentations by Parties or their 18 Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the trial 20 judge. This Order does not govern the use of Protected Material at trial. 22 Once a case proceeds to trial, information that was designated or maintained 23 pursuant to this protective order used or introduced as an exhibit at trial becomes public 24 and will be presumptively available to all members of the public, including the press, 25 unless compelling reasons supported by specific factual findings to proceed otherwise 26 are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 27 (distinguishing “good cause” showing for sealing documents produced in discovery 1 record). Accordingly, the terms of this protective order do not extend beyond the 2 commencement of the trial. 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items or oral or written communications that 9 qualify so that other portions of the material, documents, items or communications for 10 which protection is not warranted are not swept unjustifiably within the ambit of this 11 Order. 12 Mass, indiscriminate or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper purpose 14 (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating Party 16 to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this 21 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 22 or ordered, Disclosure or Discovery Material that qualifies for protection under this 23 Order must be clearly so designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic documents, 26 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 27 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 1 page that contains protected material. If only a portion of the material on a page 2 qualifies for protection, the Producing Party also must clearly identify the protected 3 portion(s) (e.g., by making appropriate markings in 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 before 7 the designation, all of the material made available for inspection shall be deemed 8 “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.” After the inspecting 9 Party has identified the documents it wants copied and produced, the Producing Party 10 must determine which documents, or portions thereof, qualify for protection under this 11 Order. Then, before producing the specified documents, the Producing Party must affix 12 the “legend” to each page that contains Protected Material. If only a portion of the 13 material on a page qualifies for protection, the Producing Party also must clearly 14 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 15 (b) for testimony given in depositions that the Designating Party identifies the 16 Disclosure or Discovery Material on the record, before the close of the deposition all 17 protected testimony. 18 (c) for information produced in some form other than documentary and for any 19 other tangible items, that the Producing Party affix in a prominent place on the exterior 20 of the container or containers in which the information is stored the “legend.” If only 21 a portion or portions of the information warrants protection, the Producing Party, to the 22 extent practicable, shall identify the protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive the 25 Designating Party’s right to secure protection under this Order for such material. Upon 26 timely correction of a designation, the Receiving Party must make reasonable efforts 27 to assure that the material is treated in accordance with the provisions of this Order. 2 6.1 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 Scheduling 4 Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding shall be on the 8 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 9 to harass or impose unnecessary expenses and burdens on other parties) may expose 10 the Challenging Party to sanctions. Unless the Designating Party has waived or 11 withdrawn the confidentiality designation, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing 13 Party’s designation until the Court rules on the challenge. 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a Receiving 20 Party must comply with the provisions of Section 13 below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 27 only to: 1 staff, as well as employees of said Outside Counsel of Record to whom it is reasonably 2 necessary to disclose the information for this Action; 3 (b) the officers, directors, and employees (including House Counsel) of the 4 Receiving Party to whom disclosure is reasonably necessary for this Action; 5 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 6 is reasonably necessary for this Action and who have signed the “Acknowledgment and 7 Agreement to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 11 to whom disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 16 to whom disclosure is reasonably necessary provided: (1) the deposing party requests 17 that the witness sign the form attached as Exhibit A hereto; and (2) they will not be 18 permitted to keep any confidential information unless they sign the “Acknowledgment 19 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 20 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 21 depositions that reveal Protected Material may be separately bound by the court 22 reporter and may not be disclosed to anyone except as permitted under this Stipulated 23 Protective Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, mutually 25 agreed upon by any of the parties engaged in settlement discussions. 26 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES 27 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 1 designated “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” only to the 2 following persons: 3 (a) the Receiving Party’s Outside Counsel in this Action and their staff; 4 (b) Experts (as defined in this Order) of the Receiving Party to whom 5 disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgement and Agreement to Be Bound” (Exhibit A); 7 (c) the Court and its personnel; 8 (d) court reporters and videographers and their staff; 9 (e) professional jury or trial consultants, mock jurors, and Professional 10 Vendors to whom disclosure is reasonably necessary for this Action and who have 11 signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 12 (f) the author or recipient of a document containing the information or a 13 custodian or other person who otherwise possessed or knew the information; 14 (g) the corporate designee designated on the topic of the material contained in 15 the “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” information; and 16 (h) any mediator or settlement officer, and their supporting personnel, 17 mutually agreed upon by any of the parties engaged in settlement discussions. 20 If a Party is served with a subpoena or a court order issued in other litigation that 21 compels disclosure of any information or items designated in this Action as Protected 22 Material, that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification shall 24 include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order to 26 issue in the other litigation that some or all of the material covered by the subpoena or 27 1 order is subject to this Protective Order. Such notification shall include a copy of this 2 Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be pursued by 4 the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce the Protected Material before a 7 determination by the court from which the subpoena or order issued, unless the Party 8 has obtained the Designating Party’s permission. The Designating Party shall bear the 9 burden and expense of seeking protection in that court of its confidential material and 10 nothing in these provisions should be construed as authorizing or encouraging a 11 Receiving Party in this Action to disobey a lawful directive from another court. 14 (a) The terms of this Order are applicable to information produced by a Non- 15 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL – ATTORNEY’S EYES ONLY.” Such information produced by 17 Non-Parties in connection with this litigation is protected by the remedies and relief 18 provided by this Order. Nothing in these provisions should be construed as prohibiting 19 a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to produce 21 a Non-Party’s confidential information in its possession, and the Party is subject to an 22 agreement with the Non-Party not to produce the Non-Party’s confidential information, 23 then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party 25 that some or all of the information requested is subject to a confidentiality agreement 26 with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the Stipulated 1 specific description of the information requested; and 2 (3) make the information requested available for inspection by the Non- 3 Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court within 14 5 days of receiving the notice and accompanying information, the Receiving Party may 6 produce the Non-Party’s confidential information responsive to the discovery request. 7 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 8 any information in its possession or control that is subject to the confidentiality 9 agreement with the Non-Party before a determination by the court. Absent a court 10 order to the contrary, the Non-Party shall bear the burden and expense of seeking 11 protection in this court of its Protected Material. 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 16 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 17 all unauthorized copies of the Protected Material, (c) inform the person or persons to 18 whom unauthorized disclosures were made of all the terms of this Order, and (d) 19 request such person or persons to execute the “Acknowledgment and Agreement to Be 20 Bound” that is attached hereto as Exhibit A. 23 When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other protection, 25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 27 may be established in an e-discovery order that provides for production without prior 1 parties reach an agreement on the effect of disclosure of a communication or 2 information covered by the attorney-client privilege or work product protection, the 3 parties may incorporate their agreement in the stipulated protective order submitted to 4 the court. 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 this 11 Stipulated Protective Order. Similarly, no Party waives any right to object on any 12 ground to use in evidence of any of the material covered by this Protective Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 15 only be filed under seal pursuant to a court order authorizing the sealing of the specific 16 Protected Material at issue. If a Party’s request to file Protected Material under seal is 17 denied by the court, then the Receiving Party may file the information in the public 18 record unless otherwise instructed by the court. 20 After the final disposition of this Action, as defined in paragraph 4, within 60 21 days of a written request by the Designating Party, each Receiving Party must return 22 all Protected Material to the Producing Party or destroy such material. As used in this 23 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 24 summaries, and any other format reproducing or capturing any of the Protected 25 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 26 must submit a written certification to the Producing Party (and, if not the same person 27 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 1 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 2 compilations, summaries or any other format reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 4 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 5 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 6 attorney work product, and consultant and expert work product, even if such materials 7 contain Protected Material. Any such archival copies that contain or constitute 8 Protected Material remain subject to this Protective Order as set forth in Section 4 9 (DURATION). 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 2 Any violation of this Order may be punished by appropriate measures including 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 |]IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 7 DATED: July 30, 2021 SCHNEIDER WALLACE COTTRELL KONECKY, LLP 8 /s/ Jason H. Kim 9 Todd M. Schneider Jason H. Kim 10 11 THE WAND LAW FIRM, P.C. 12 /s/ Aubry Wand Aubry Wand 13 Attorneys for Plaintiffs and the Putative Class 14 15 DATED: July 30, 2021 GORDON REES SCULLY i /s/ Joni B. Flaherty 18 imo y. . Branson Joni B. laherty 19 Patrick K. Mulkern 20 Attorneys for Defendant R.C. Bigelow, Inc. 21 » FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 33 Rayetis, a, OC — DATED: August 4, 2021 24 Honorable Rozella A. Oliver 5 United States Magistrate Judge 26 27 28 15

EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of 3 _________________ [print or type full address], declare under penalty of perjury that 4 I have read in its entirety and understand the Stipulated Protective Order that was issued 5 by the United States District Court for the Central District of California on in 6 the case of Banks v. R.C. Bigelow, Inc., Case No. 2:20-cv-06208 DDP (RAOx) (C.D. 7 Cal.). 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 promise 10 that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for 14 the Central District of California for enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. I 16 hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and 18 telephone number] as my California agent for service of process in connection with this 19 action or any proceedings related to enforcement of this Stipulated Protective Order. 20

21 Date: 22 City and State Where Sworn and Signed: 23 Printed Name: 24 Signature: 25 26 27