Re-Marketing Group, Inc. v. Mark Miller

Opinion

2 4 6 g UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 RE-MARKETING GROUP, INC., Case No. 2:20-cv—09505—CAS-AFM a California corporation, ORDER ENTERING 12 Plaintiff, TIPULATED PROTECTIVE ORDER 13 VS. Hon. Alexander F. MacKinnon 14|| MARK MILLER, an individual; and WOW BARGAINS & CLOSEOUTS, INC., a California corporation, 16 Defendants. 17 WOW BARGAINS & CLOSEOUTS, INC., a California corporation, 19 Counterclaimant, 20 VS. 21|| RE-MARKETING GROUP, INC., a California corporation. and 22|| GREGORY D. SHERWIN, an individual, 23 Counterclaim-Defendants. 24 25 26 27 28 DADACERTAD EDINA STD ATER DDA THIE

1 For good cause show, the Court hereby enters the following Protective Order, 2|| which has been stipulated to between the parties in the above-referenced matter: 1. A. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6|| proprietary or private information for which special protection from public 7|| disclosure and from use for any purpose other than prosecuting this litigation may 8|| be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this 10] Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. 14 B. GOOD CAUSE STATEMENT 15 This action is likely to involve customer lists, pricing lists, and other 16] commercial, financial, and/or proprietary information for which special protection 17|| from public disclosure and from use for any purpose other than prosecution of this 18]| action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, 20|| information regarding confidential business practices, or other confidential research, development, or commercial information (including information 22|| implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from 24|| disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt 26|| resolution of disputes over confidentiality of discovery materials, to adequately 27|| protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for

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and in the conduct of trial, to address their handling at the end of the litigation, and 2|| serve the ends of justice, a protective order for such information is justified in this 3|) matter. It is the intent of the parties that information will not be designated as 4|| confidential for tactical reasons and that nothing be so designated without a good 5|| faith belief that 1t has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. 7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 9 The parties further acknowledge, as set forth in Section 12.3, below, that this 10] Stipulated Protective Order does not entitle them to file confidential information under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. 14 There is a strong presumption that the public has a right of access to judicial proceedings and records in civil cases. In connection with non-dispositive motions, 16|| good cause must be shown to support a filing under seal. See Kamakana v. City and 17|| County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18]| Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 19] Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a specific showing of good cause or compelling reasons with proper evidentiary support and legal justification, must be made with 22|| respect to Protected Material that a party seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL does not— without the submission of competent evidence by declaration, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then compelling reasons, not only good cause, for the sealing must be shown, and

1 the relief sought shall be narrowly tailored to serve the specific interest to be 2|| protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported by specific facts and legal justification, for the requested sealing order. Again, competent evidence 7|| supporting the application to file documents under seal must be provided by 8|| declaration. 9 Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions can be redacted. 11] If documents can be redacted, then a redacted version for public viewing, omitting 12]) only the confidential, privileged, or otherwise protectable portions of the document, shall be filed. Any application that seeks to file documents under seal in their 14]) entirety should include an explanation of why redaction is not feasible. 15]| 2. DEFINITIONS 16 2.1 Action: Re-Marketing Group, Inc. v. Miller et al., United States 17|| District Court Civil Case Number 2:20-cv-09505-CAS-AFM. 18 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 20 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23|| the Good Cause Statement. 24 2.4 Counsel: Outside Counsel and House Counsel (as well as their support 25|| staff). 26 2.5 Designating Party: a Party or Non-Party that designates information or 27|| items that it produces in disclosures or in responses to discovery as 28

1] “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 2) ONLY.” 3 2.6 Disclosure or Discovery Material: all items or information, regardless 4|| of the medium or manner in which it is generated, stored, or maintained (including, 5|) among other things, testimony, transcripts, and tangible things), that are produced 6|| or generated in disclosures or responses to discovery in this matter. 7 2.7 Expert: a person with specialized knowledge or experience in a matter 8|| pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. 10 2.8 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive CONFIDENTIAL Information or Items, the disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. Said 14] information shall be limited to trade secrets and highly sensitive and/or proprietary 15] information including but not limited to documents evidencing the identification of vendors, and documents containing information regarding pricing or profit margins. 17 2.9 House Counsel: attorneys who are employees of a party to this Action. 18]/ House Counsel does not include Outside Counsel. 19 2.10 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 21 2.11 Outside Counsel: attorneys who are not employees of a party to this 22|| Action but are retained to represent or advise a party to this Action or are affiliated with a law firm that represents or advises that party, and includes support staff. 24 2.12 Party: any party to this Action, including all of its officers, directors, 25|| employees, consultants, retained experts, and Outside Counsel (and their support 26|| staffs). 27 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

1 2.14 Professional Vendors: persons or entities that provide litigation 2|| support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3| demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 5 2.15 Protected Material: any Disclosure or Discovery Material that is 6|| designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 7| ATTORNEYS’ EYES ONLY.” 8 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 10]| 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or 14] compilations of Protected Material; and (3) any testimony, conversations, or 15] presentations by Parties or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 18]| 4. DURATION 19 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY or maintained pursuant to this protective order used or introduced as an exhibit at 22|| trial becomes public and will be presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual 24|| findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 26|| documents produced in discovery from “compelling reasons” standard when merits- 27|| related documents are part of court record). Accordingly, the terms of this protective order do not extend beyond the commencement of the trial.

1}] 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under 4|| this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items or oral or written communications that qualify so that other portions of the material, documents, 8|| items or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11]| that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the 14] Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16] designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19] this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or 22|| produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25|| documents, but excluding transcripts of depositions or other pretrial or trial 26|| proceedings), that the Producing Party affix at a minimum, the legend 27|| “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 28] ONLY” (hereinafter “confidentiality legend’’), to each page that contains protected

material. If only a portion of the material on a page qualifies for protection, the 2|| Producing Party also must clearly identify the protected portion(s) (e.g., by making 3|| appropriate markings in the margins). 4 A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated 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 HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or 11] portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the appropriate “confidentiality legend” to each page that contains Protected Material. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in depositions that the Designating Party identifies the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. 20 (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent 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]| the Designating Party’s right to secure protection under this Order for such

material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 6|| designation of confidentiality at any time that is consistent with the Court’s 7\| Scheduling Order. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 10 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a 11]| joint stipulation pursuant to Local Rule 37-2. 12 6.4 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper 14] purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the 19]| challenge. 20]| 7. ACCESS TO AND USE OF PROTECTED MATERIAL 21 7.1. Basic Principles. A Receiving Party may use Protected Material that is 22|| disclosed or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending or attempting to settle this Action. Such 24|| Protected Material may be disclosed only to the categories of persons and under the 25|| conditions described in this Order. When the Action has been terminated, a 26|| Receiving Party must comply with the provisions of section 13 below (FINAL 27|| DISPOSITION). 28 Protected Material must be stored and maintained by a Receiving Party at a

location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 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 Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel in this Action, as well as 8|| employees of said Outside Counsel to whom it is reasonably necessary to disclose 9|| the information for this Action; 10 (b) _ the officers, directors, and employees (including House 11] Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 12|| Action; 13 (c) | Experts (as defined in this Order) of the Receiving Party to 14] whom disclosure is reasonably necessary for this Action and who have signed the 15] “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (ec) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and 19] Professional Vendors to whom disclosure is reasonably necessary for this Action 20|| and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information 23|| or a custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the 26|| deposing party requests that the witness sign the form attached as Exhibit | hereto; and (2) they will not be permitted to keep any confidential information unless they 28]| sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

otherwise agreed by the Designating Party or ordered by the court. Pages of 2|| transcribed deposition testimony or exhibits to depositions that reveal Protected 3| Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 5 (1) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement 7|| discussions. 8 7.3. Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information. Unless otherwise ordered by the Court or permitted in 10] writing by the Designating Party, a Receiving Party may disclose any information or items designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 13 (a) The Receiving Party’s Outside Counsel, as well as employees of 14] said Outside Counsel to whom it is reasonably necessary to disclose the information 15|| for this Action; 16 (b) Experts (as defined by this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the 18] “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (c) The Court and its personnel; 20 (d) Private Court reporters and their staff to whom disclosure is 21|| reasonably necessary for this Action and who have signed the “Acknowledgement 22|| and Agreement to Be Bound” (Exhibit A); 23 (e) Professional jury or trial consultants, mock jurors and 24|| Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 26|| A); 27 28

1 (f) | The Author or recipient of a document containing the HIGHLY 2) CONFIDENTIAL—ATTORNEYS’ EYES ONLY information or a custodian or other person who otherwise possessed or knew the information; and 4 (g) Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement 6|| discussions. 7 7.4 Nothing herein shall serve to limit the manner or fashion in which a 8|| Producing Party may utilize its own documents irrespective of the designation. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED INOTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as 13) “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 14] ONLY,” 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 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include 20|| a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22|| pursued by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24|| the subpoena or court order shall not produce any information designated in this 25|| action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ 26|| EYES ONLY” before a determination by the court from which the subpoena or 27|| order issued, unless the Party has obtained the Designating Party’s permission. The 28|| Designating Party shall bear the burden and expense of seeking protection in that

court of its confidential material and nothing in these provisions should be 2|| construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced 7|| by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 8|| CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 12 (b) Inthe event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the 14]) Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 16] confidential information, then the Party shall: 17 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a 22|| reasonably specific description of the information requested; and 23 (3) make the information requested available for inspection 24] by the Non-Party, if requested. 25 (c) Ifthe Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the 27|| Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the

Receiving Party shall not produce any information in its possession or control that 2|| is subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall 4|| bear the burden and expense of seeking protection in this court of its Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 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 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 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment 14] and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain 18] inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal 20|| Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 21|| whatever procedure may be established in an e-discovery order that provides for 22|| production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 24|| of a communication or information covered by the attorney-client privilege or work 25|| product protection, the parties may incorporate their agreement in the stipulated 26|| protective order submitted to the court. 27\| / /

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1] 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to 6|| disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on 8|| any ground to use in evidence of any of the material covered by this Protective Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s request to file Protected Material 14] under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court. 16], 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 18] days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the 22|| Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if 24|| not the same person or entity, to the Designating Party) by the 60 day deadline that 25|| (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any 27|| copies, abstracts, compilations, summaries or any other format reproducing or 28]| capturing any of the Protected Material. Notwithstanding this provision, Counsel

are entitled to retain an archival copy of all pleadings, motion papers, trial, 2|| deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective 6|| Order as set forth in Section 4 (DURATION). 7), 14. VIOLATION 8 Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 10 11 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 13 14 15 16 DATED: 4/15/2021 18 | Be Mock a, 20 21) HON. ALEXANDER F. MacKinnon = United States Magistrate Judge 23 24 25 26 27 28

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

Signature: 28