Santiago Holdings, LLC v. Garfield Beach CVS, L.L.C.

• Court: District Court, C.D. California
• Decided: November 1, 2023
• Docket: 2:23-cv-03172
• Status: Unknown

Opinion

1 SCOTT J. LEIPZIG (BAR NO. 192005) E-Mail: sleipzig@allenmatkins.com 2 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 3 865 South Figueroa Street, Suite 2800 Los Angeles, California 90017-2543 4 Phone: (213) 622-5555 Fax: (213) 620-8816 5 ADAM B. KORN (BAR NO. 331133) 6 E-Mail: akorn@allenmatkins.com ALLEN MATKINS LECK GAMBLE 7 MALLORY & NATSIS LLP 1901 Avenue of the Stars, Suite 1800 8 Los Angeles, California 90067-6019 Phone: (310) 788-2400 9 Fax: (310) 788-2410

10 Attorneys for Plaintiffs SANTIAGO HOLDINGS, LLC; and SANTIAGO 11 HOLDINGS II, LLC

12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 SANTIAGO HOLDINGS, LLC, a Case No. 2:23-cv-03172-MWF-AFM California limited liability company; 16 SANTIAGO HOLDINGS II, LLC, a Hon. Judge Michael W. Fitzgerald California limited liability company, Magistrate Judge: Hon. Alexander F. 17 MacKinnon Plaintiffs, 18 STIPULATED PROTECTIVE vs. ORDER 19 GARFIELD BEACH CVS, L.L.C., a 20 California limited liability company; CVS HEALTH CORPORATION, a State Case Filed: 03/28/2023 21 Delaware corporation; and DOES 1 Removed to Federal Court: 04/27/2023 through 10, inclusive, 22 Defendants. 23

24 25 26 27 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section 12.3 (Filing Protected Material), below, that this Stipulated Protective 12 Order does not entitle them to a file confidential information under seal; Civil Local 13 Rule 79-5 sets forth the procedures that must be followed and the standards that will 14 be applied when a party seeks permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets and other valuable research, 17 development, commercial, financial, technical and/or proprietary information for 18 which special protection from public disclosure and from use for any purpose other 19 than prosecution of this action is warranted. Such confidential and proprietary 20 materials and information consist of, among other things, confidential business or 21 financial information, information regarding confidential business practices, or other 22 confidential research, development, or commercial information (including 23 information implicating privacy rights of third parties), information otherwise 24 generally unavailable to the public, or which may be privileged or otherwise 25 protected from disclosure under state or federal statutes, court rules, case decisions, 26 or common law. Accordingly, to expedite the flow of information, to facilitate the 27 prompt resolution of disputes over confidentiality of discovery materials, to 28 adequately protect information the parties are entitled to keep confidential, to ensure 1 that the parties are permitted reasonable necessary uses of such material in 2 preparation for and in the conduct of trial, to address their handling at the end of the 3 litigation, and serve the ends of justice, a protective order for such information is 4 justified in this matter. It is the intent of the parties that information will not be 5 designated as confidential for tactical reasons and that nothing be so designated 6 without a good faith belief that it has been maintained in a confidential, non-public 7 manner, and there is good cause why it should not be part of the public record of this 8 case. 9 2. DEFINITIONS 10 2.1 Action: Santiago Holdings, LLC et al v. Garfield Beach CVS, L.L.C. 11 et al. C.D.Cal. 2:23-cv-03172-MWF-AFM. 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.3 “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL” Information or 15 Items: information (regardless of how it is generated, stored, or maintained) or 16 tangible things that qualify for protection under Federal Rule of Civil Procedure 17 26(c), and as specified above in the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 28 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to this Action and 11 have appeared in this Action on behalf of that party or are affiliated with a law firm 12 which has appeared on behalf of that party, including support staff. 13 2.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 2.13 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 27 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations 12 imposed by this Order shall remain in effect until a Designating Party agrees 13 otherwise in writing or a court order otherwise directs. Final disposition shall be 14 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 15 or without prejudice; and (2) final judgment herein after the completion and 16 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 17 including the time limits for filing any motions or applications for extension of time 18 pursuant to applicable law. 19 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under 23 this Order must take care to limit any such designation to specific material that 24 qualifies under the appropriate standards. The Designating Party must designate for 25 protection only those parts of material, documents, items, or oral or written 26 communications that qualify so that other portions of the material, documents, 27 items, or communications for which protection is not warranted are not swept 28 unjustifiably within the ambit of this Order. 1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic documents, 16 but excluding transcripts of depositions or other pretrial or trial proceedings), that 17 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 18 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 19 portion or portions of the material on a page qualifies for protection, the Producing 20 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 21 markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which documents it would like copied and produced. During the inspection and 25 before the designation, all of the material made available for inspection shall be 26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 27 documents it wants copied and produced, the Producing Party must determine which 28 documents, or portions thereof, qualify for protection under this Order. Then, 1 before producing the specified documents, the Producing Party must affix the 2 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 3 portion or portions of the material on a page qualifies for protection, the Producing 4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 5 markings in the margins). 6 (b) for testimony given in depositions that the Designating Party identify the 7 Disclosure or Discovery Material on the record, before the close of the deposition all 8 protected testimony. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive 17 the Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s 25 Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party Shall initiate the dispute 27 resolution process under Civil Local Rule 37-1 et seq. 28 1 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties), may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is 7 entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that 12 is disclosed or produced by another Party or by a Non-Party in connection with 13 this Action only for prosecuting, defending, or attempting to settle this Action. 14 Such Protected Material may be disclosed only to the categories of persons and 15 under the conditions described in this Order. When the Action has been 16 terminated, a Receiving Party must comply with the provisions of Section 13 below 17 (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 22 (a) A Producing Party may designate Discovery Material as “HIGHLY 23 CONFIDENTIAL” if it contains or reflects information that is extremely 24 confidential and/or sensitive in nature and the Producing Party reasonably believes 25 that the disclosure of such Discovery Material is likely to cause economic harm or 26 significant competitive disadvantage to the Producing Party. The Parties agree that 27 the following information, if non-public, shall be presumed to merit the “HIGHLY 28 CONFIDENTIAL” designation: trade secrets, pricing information, financial data, 1 sales information, sales or marketing forecasts or plans, business plans, sales or 2 marketing strategy, product development information, engineering documents, 3 testing documents, employee information, and other non-public information of 4 similar competitive and business sensitivity. 5 (b) Unless otherwise ordered by the Court or permitted in writing by the 6 Designating Party, a Receiving Party may disclose any information or item 7 designated “HIGHLY CONFIDENTIAL” only to: 8 (i) The Receiving Party’s Outside Counsel of Record in this Action, 9 provided that such Outside Counsel is not involved in competitive decision-making, 10 as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), 11 on behalf of a Party or a competitor of a Party, and such Outside Counsel’s 12 immediate paralegals and staff, and any copying or clerical litigation support 13 services working at the direction of such counsel, paralegals, and staff; 14 (ii) Any outside consultant or expert retained by the Receiving Party to 15 assist in this Action, provided that disclosure is only to the extent necessary to 16 perform such work; and provided that: (a) such expert or consultant has signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (b) such expert or 18 consultant is not a current officer, director, or employee of a Party or of a competitor 19 of a Party, nor anticipated at the time of retention to become an officer, director, or 20 employee of a Party or of a competitor of a Party; (c) such expert or consultant is 21 not involved in competitive decision-making, as defined by U.S. Steel v. United 22 States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a 23 competitor of a Party; and (d) such expert or consultant accesses the materials in the 24 United States only, and does not transport them to or access them from any foreign 25 jurisdiction; 26 (iii) Court reporters, stenographers and videographers retained to record 27 testimony taken in this action; 28 (iv) The court, jury, and court personnel; 1 (vi) Any mediator who is assigned to hear this matter, and his or her staff, 2 subject to their agreement to maintain confidentiality to the same degree as required 3 by this Stipulated Protective Order; and 4 (vii) Any other person with the prior written consent of the Producing Party, 5 who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 6 7.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the Court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 11 employees of said Outside Counsel of Record to whom it is reasonably necessary to 12 disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of the 14 Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the Court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 27 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 28 will not be permitted to keep any confidential information unless they sign the 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the Court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone except 5 as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification shall 15 include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order to 17 issue in the other litigation that some or all of the material covered by the subpoena 18 or order is subject to this Protective Order. Such notification shall include a copy of 19 this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued 21 by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party shall bear the burden and expense of seeking 27 protection in that court of its confidential material, and nothing in these provisions 28 1 should be construed as authorizing or encouraging a Receiving Party in this Action 2 to disobey a lawful directive from another court. 3 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced by a Non- 7 Party in this Action and designated as “CONFIDENTIAL.” Such information 8 produced by Non-Parties in connection with this litigation is protected by the 9 remedies and relief provided by this Order. Nothing in these provisions should be 10 construed as prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party that 16 some or all of the information requested is subject to a confidentiality agreement 17 with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 19 Order in this Action, the relevant discovery request(s), and a reasonably specific 20 description of the information requested; and 21 (3) make the information requested available for inspection by the Non-Party, 22 if requested. 23 (c) If the Non-Party fails to seek a protective order from this Court within 14 24 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 28 confidentiality agreement with the Non-Party before a determination by the Court. 1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this Court of its Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 20 procedure may be established in an e-discovery order that provides for production 21 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 22 (e), insofar as the parties reach an agreement on the effect of disclosure of a 23 communication or information covered by the attorney-client privilege or work 24 product protection, the parties may incorporate their agreement in the stipulated 25 protective order submitted to the Court. 26 27 28 1 12. MISCELLANEOUS 2 12.1 Right to Relief. Nothing in this Order abridges the right of any person 3 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 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 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material 11 may only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party’s request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14 in the public record unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in Section 4 17 (DURATION), within 60 days of a written request by the Designating Party, each 18 Receiving Party must return all Protected Material to the Producing Party or destroy 19 such material. As used in this subdivision, “all Protected Material” includes all 20 copies, abstracts, compilations, summaries, and any other format reproducing or 21 capturing any of the Protected Material. Whether the Protected Material is returned 22 or destroyed, the Receiving Party must submit a written certification to the 23 Producing Party (and, if not the same person or entity, to the Designating Party) by 24 the 60 day deadline that (1) identifies (by category, where appropriate) all the 25 Protected Material that was returned or destroyed; and (2) affirms that the Receiving 26 Party has not retained any copies, abstracts, compilations, summaries, or any other 27 format reproducing or capturing any of the Protected Material. Notwithstanding this 28 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 1 | papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 2 || deposition and trial exhibits, expert reports, attorney work product, and consultant 3 | and expert work product, even if such materials contain Protected Material. Any 4 |such archival copies that contain or constitute Protected Material remain subject to 5 | this Protective Order as set forth in Section 4 (DURATION). 6 Any violation of this Order may be punished by any and all appropriate 7 | measures including, without limitation, contempt proceedings and/or monetary 8 || sanctions. 10 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1] 12 |DATED: October 20, 2023 13 14 Lt (f__— 15 | Attorneys for Plaintiffs 16 DATED: October 20, 2023 18 19 /s/ Thomas S. McConnell 20 | Attorneys for Defendants 21 22 | FOR GOOD CAUSE SHOWN, IT IS SO ORDER 23 24 | DATED: November 1 , 2023 A_A 25 H notable Michale . Wilner United States Magistrate Judge 26 27 28 Leck Gamble _Case No. 2:23-cv-03172-MWF-AFM

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of ___________ [insert formal name of the case and the 9 number and initials assigned to it by the court]. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order, and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with 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 the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________