Scheafer v. Target Corp.

Opinion

1 Michelle A. Clark, Bar No. 243777 miclark@littler.com 2 Andrew H. Woo, Bar No. 261120 awoo@littler.com 3 Zoe Y. J. Monty-Montalvo, Bar No. 352595 zmontymontalvo@littler.com 4 LITTLER MENDELSON, P.C. 5200 North Palm Avenue 5 Suite 302 Fresno, California 93704.2225 6 Telephone: 559.244.7500 Fax No.: 559.244.7525 7 Attorneys for Defendant 8 TARGET CORPORATION

9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 BYRON SCHEAFER, No. 2:24-cv-0651 DJC DB 13 Plaintiff, STIPULATED PROTECTIVE 14 ORDER v. 15 TARGET CORPORATION, and DOES 1 16 through 20, inclusive, 17 Defendants. 18 19 1. PURPOSES AND LIMITATIONS 20 Disclosure and discovery activity in this action are likely to involve 21 production of confidential, proprietary, or private information for which special 22 protection from public disclosure and from use for any purpose other than prosecuting 23 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 24 petition the court to enter the following Stipulated Protective Order. The parties 25 acknowledge that this Order does not confer blanket protections on all disclosures or 26 responses to discovery and that the protection it affords from public disclosure and use 27 extends only to the limited information or items that are entitled to confidential 28 treatment under the applicable legal principles. The parties further acknowledge, as set 1 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them 2 to file confidential information under seal; Civil Local Rule 141(e)(2)(i) sets forth the 3 procedures that must be followed and the standards that will be applied when a party 4 seeks permission from the court to file material under seal. 5 2. DEFINITIONS 6 2.1 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 2.2 “CONFIDENTIAL” Information or Items: information (regardless 9 of how it is generated, stored or maintained) or tangible things that qualify for protection 10 under Federal Rule of Civil Procedure 26(c). 11 2.3 Counsel (without qualifier): Outside Counsel of Record and House 12 Counsel (as well as their support staff). 13 2.4 Designating Party: a Party or Non-Party that designates information 14 or items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.5 Disclosure or Discovery Material: all items or information, 17 regardless of the medium or manner in which it is generated, stored, or maintained 18 (including, among other things, testimony, transcripts, and tangible things), that are 19 produced or generated in disclosures or responses to discovery in this matter. 20 2.6 Expert: a person with specialized knowledge or experience in a 21 matter pertinent to the litigation who has been retained by a Party or its counsel to serve 22 as an expert witness or as a consultant in this action. 23 2.7 House Counsel: attorneys who are employees of a party to this 24 action. House Counsel does not include Outside Counsel of Record or any other outside 25 counsel. 26 2.8 Non-Party: any natural person, partnership, corporation, 27 association, or other legal entity not named as a Party to this action. 28 2.9 Outside Counsel of Record: attorneys who are not employees of a 1 party to this action but are retained to represent or advise a party to this action and have 2 appeared in this action on behalf of that party or are affiliated with a law firm which has 3 appeared on behalf of that party. 4 2.10 Party: any party to this action, including all of its officers, directors, 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 8 Discovery Material in this action. 9 2.12 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 12 their employees and subcontractors. 13 2.13 Protected Material: any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL.” 15 2.14 Receiving Party: a Party that receives Disclosure or Discovery 16 Material from a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or extracted 20 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 21 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 22 their Counsel that might reveal Protected Material. However, the protections conferred 23 by this Stipulation and Order do not cover the following information: (a) any 24 information that is in the public domain at the time of disclosure to a Receiving Party 25 or becomes part of the public domain after its disclosure to a Receiving Party as a result 26 of publication not involving a violation of this Order, including becoming part of the 27 public record through trial or otherwise; and (b) any information known to the 28 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 1 disclosure from a source who obtained the information lawfully and under no obligation 2 of confidentiality to the Designating Party. Any use of Protected Material at trial shall 3 be governed by a separate agreement or order. 4 4. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 7 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 8 later of (1) dismissal of all claims and defenses in this action, with or without prejudice; 9 and (2) final judgment herein after the completion and exhaustion of all appeals, 10 rehearings, remands, trials, or reviews of this action, including the time limits for filing 11 any motions or applications for extension of time pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for 14 Protection. Each Party or Non-Party that designates information or items for protection 15 under this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only those parts of material, documents, items, or oral or written 18 communications that qualify – so that other portions of the material, documents, items, 19 or communications for which protection is not warranted are not swept unjustifiably 20 within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. 22 Designations that are shown to be clearly unjustified or that have been made for an 23 improper purpose (e.g., to unnecessarily encumber or retard the case development 24 process or to impose unnecessary expenses and burdens on other parties) expose the 25 Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that 27 it designated for protection do not qualify for protection, that Designating Party must 28 promptly notify all other Parties that it is withdrawing the mistaken designation. 1 5.2 Manner and Timing of Designations. Except as otherwise provided 2 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) For information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 10 page that contains protected material. If only a portion or portions of the material on a 11 page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents or materials available 14 for inspection need not designate them for protection until after the inspecting Party has 15 indicated which material it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection shall be deemed 17 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 18 copied and produced, the Producing Party must determine which documents, or portions 19 thereof, qualify for protection under this Order. Then, before producing the specified 20 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 21 that contains Protected Material. If only a portion or portions of the material on a page 22 qualifies for protection, the Producing Party also must clearly identify the protected 23 portion(s) (e.g., by making appropriate markings in the margins). 24 (b) for testimony given in deposition or in other pretrial or trial 25 proceedings, that the Designating Party identify on the record, before the close of the 26 deposition, hearing, or other proceeding, all protected testimony. 27 (c) for information produced in some form other than documentary and 28 for any other tangible items, that the Producing Party affix in a prominent place on the 1 exterior of the container or containers in which the information or item is stored the 2 legend “CONFIDENTIAL.” If only a portion or portions of the information or item 3 warrant protection, the Producing Party, to the extent practicable, shall identify the 4 protected portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 6 failure to designate qualified information or items does not, standing alone, waive the 7 Designating Party’s right to secure protection under this Order for such material. Upon 8 timely correction of a designation, the Receiving Party must make reasonable efforts to 9 assure that the material is treated in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 12 designation of confidentiality at any time. Unless a prompt challenge to a Designating 13 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 14 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 15 litigation, a Party does not waive its right to challenge a confidentiality designation by 16 electing not to mount a challenge promptly after the original designation is disclosed. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process by providing written notice of each designation it is challenging and 19 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 20 has been made, the written notice must recite that the challenge to confidentiality is 21 being made in accordance with this specific paragraph of the Protective Order. The 22 parties shall attempt to resolve each challenge in good faith and must begin the process 23 by conferring directly (in voice to voice dialogue; other forms of communication are 24 not sufficient) within 14 days of the date of service of notice. In conferring, the 25 Challenging Party must explain the basis for its belief that the confidentiality 26 designation was not proper and must give the Designating Party an opportunity to 27 review the designated material, to reconsider the circumstances, and, if no change in 28 designation is offered, to explain the basis for the chosen designation. A Challenging 1 Party may proceed to the next stage of the challenge process only if it has engaged in 2 this meet and confer process first or establishes that the Designating Party is unwilling 3 to participate in the meet and confer process in a timely manner. 4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 5 without court intervention, the Designating Party shall file and serve a motion to retain 6 confidentiality under Civil Local Rule 230 (and in compliance with Civil Local Rule 7 141, if applicable) within 21 days of the initial notice of challenge or within 14 days of 8 the parties agreeing that the meet and confer process will not resolve their dispute, 9 whichever is earlier. Each such motion must be accompanied by a competent 10 declaration affirming that the movant has complied with the meet and confer 11 requirements imposed in the preceding paragraph. Failure by the Designating Party to 12 make such a motion including the required declaration within 21 days (or 14 days, if 13 applicable) shall automatically waive the confidentiality designation for each 14 challenged designation. In addition, the Challenging Party may file a motion 15 challenging a confidentiality designation at any time if there is good cause for doing so, 16 including a challenge to the designation of a deposition transcript or any portions 17 thereof. Any motion brought pursuant to this provision must be accompanied by a 18 competent declaration affirming that the movant has complied with the meet and confer 19 requirements imposed by the preceding paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the Designating 21 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or 22 impose unnecessary expenses and burdens on other parties) may expose the 23 Challenging Party to sanctions. Unless the Designating Party has waived the 24 confidentiality designation by failing to file a motion to retain confidentiality as 25 described above, all parties shall continue to afford the material in question the level of 26 protection to which it is entitled under the Producing Party’s designation until the court 27 rules on the challenge. 28 7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 7.1 Basic Principles. A Receiving Party may use Protected Material that 2 is disclosed or produced by another Party or by a Non-Party in connection with this case 3 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 4 Material may be disclosed only to the categories of persons and under the conditions 5 described in this Order. When the litigation has been terminated, a Receiving Party must 6 comply with the provisions of section 13 below (FINAL DISPOSITION). 7 Protected Material must be stored and maintained by a Receiving Party at 8 a location and in a secure manner that ensures that access is limited to the persons 9 authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 11 otherwise ordered by the court or permitted in writing by the Designating Party, a 12 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 13 only to: 14 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 15 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 16 disclose the information for this litigation and who have signed the “Acknowledgment 17 and Agreement to Be Bound” that is attached hereto as Exhibit A; 18 (b) the officers, directors, and employees (including House Counsel) of the 19 Receiving Party to whom disclosure is reasonably necessary for this litigation and who 20 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this litigation and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff, professional jury or trial consultants, 26 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for 27 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 28 (Exhibit A); 1 (f) during their depositions, witnesses in the action to whom disclosure is 2 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 3 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 4 the court. Pages of transcribed deposition testimony or exhibits to depositions that 5 reveal Protected Material must be separately bound by the court reporter and may not 6 be disclosed to anyone except as permitted under this Stipulated Protective Order. 7 (g) the author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew the information. 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 10 OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other 12 litigation that compels disclosure of any information or items designated in this action 13 as “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification 15 shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order 17 to 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 this 19 Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served 23 with 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 should be construed as authorizing or encouraging a Receiving Party in this action to 1 disobey a lawful directive from another court. 2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 3 IN THIS LITIGATION 4 (a) The terms of this Order are applicable to information produced by a 5 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 6 produced by Non-Parties in connection with this litigation is protected by the remedies 7 and relief provided by this Order. Nothing in these provisions should be construed as 8 prohibiting a Non-Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 12 information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party that 14 some or all of the information requested is subject to a confidentiality agreement with 15 a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the Non- 20 Party. 21 (c) If the Non-Party fails to object or seek a protective order from this court 22 within 14 days of receiving the notice and accompanying information, the Receiving 23 Party may produce the Non-Party’s confidential information responsive to the discovery 24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 25 produce any information in its possession or control that is subject to the confidentiality 26 agreement with the Non-Party before a determination by the court. Absent a court order 27 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 28 in this court of its Protected Material. 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has 3 disclosed Protected Material to any person or in any circumstance not authorized under 4 this Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to 6 retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, and 8 (d) request such person or persons to execute the “Acknowledgment and Agreement to 9 Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted to 21 the court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of 24 any person to seek its modification by the court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 28 Stipulated Protective Order. Similarly, no Party waives any right to object on any 1 ground to use in evidence of any of the material covered by this Protective Order. 2 12.3 Filing Protected Material. Without written permission from the 3 Designating Party or a court order secured after appropriate notice to all interested 4 persons, a Party may not file in the public record in this action any Protected Material. 5 A Party that seeks to file under seal any Protected Material must comply with Civil 6 Local Rule 141. Protected Material may only be filed under seal pursuant to a court 7 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 8 Civil Local Rule 141, a sealing order will issue only upon a request establishing that the 9 Protected Material at issue is privileged, protectable as a trade secret, or otherwise 10 entitled to protection under the law. If a Receiving Party's request to file Protected 11 Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the 12 Receiving Party may file the information in the public record pursuant to Civil Local 13 Rule 141 unless otherwise instructed by the court. 14 13. FINAL DISPOSITION 15 Within 60 days after the final disposition of this action, as defined in 16 paragraph 4, each Receiving Party must return all Protected Material to the Producing 17 Party or destroy such material. As used in this subdivision, “all Protected Material” 18 includes all copies, abstracts, compilations, summaries, and any other format 19 reproducing or capturing any of the Protected Material. Whether the Protected Material 20 is returned or destroyed, the Receiving Party must submit a written certification to the 21 Producing Party (and, if not the same person or entity, to the Designating Party) by the 22 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 23 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 24 retained any copies, abstracts, compilations, summaries or any other format reproducing 25 or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 26 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 27 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 28 expert reports, attorney work product, and consultant and expert work product, even if 1 such materials contain Protected Material. Any such archival copies that contain or 2 constitute Protected Material remain subject to this Protective Order as set forth in 3 Section 4 (DURATION). 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 DATED: May 22, 2024 /s/ Jill P. Telfer 6 Jill P. Telfer 7 Attorney for Plaintiff 8 BYRON SCHEAFER 9

10 DATED: May17, 2024 LITTLER MENDELSON, P.C.

11 /s/ Zoe Y. Monty-Montalvo 12 Michelle A. Clark 13 Andrew H. Woo Zoe Y. J. Monty-Montalvo 14 Attorneys for Defendant 15 TARGET CORPORATION

17 ORDER 18 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 19 IT IS FURTHER ORDERED THAT: 20 1. Requests to seal documents shall be made by motion before the same judge 21 who will decide the matter related to that request to seal. 22 2. The designation of documents (including transcripts of testimony) as 23 confidential pursuant to this order does not automatically entitle the parties to file such 24 a document with the court under seal. Parties are advised that any request to seal documents in this district is governed by Local Rule 141. In brief, Local Rule 141 25 provides that documents may only be sealed by a written order of the court after a 26 specific request to seal has been made. L.R. 141(a). However, a mere request to seal 27 is not enough under the local rules. In particular, Local Rule 141(b) requires that “[t]he 28 1 ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 2 the requested duration, the identity, by name or category, of persons to be permitted 3 access to the document, and all relevant information.” L.R. 141(b). 4 3. A request to seal material must normally meet the high threshold of showing that “compelling reasons” support secrecy; however, where the material is, at most, 5 “tangentially related” to the merits of a case, the request to seal may be granted on a 6 showing of “good cause.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 7 1096-1102 (9th Cir. 2016); Kamakana v. City and County of Honolulu, 447 F.3d 1172, 8 1178-80 (9th Cir. 2006). 9 4. Nothing in this order shall limit the testimony of parties or non-parties, or the 10 use of certain documents, at any court hearing or trial – such determinations will only 11 be made by the court at the hearing or trial, or upon an appropriate motion. 12 5. With respect to motions regarding any disputes concerning this protective 13 order which the parties cannot informally resolve, the parties shall follow the procedures 14 outlined in Local Rule 251. Absent a showing of good cause, the court will not hear 15 discovery disputes on an ex parte basis or on shortened time. 16 6. The parties may not modify the terms of this Protective Order without the 17 court’s approval. If the parties agree to a potential modification, they shall submit a 18 stipulation and proposed order for the court’s consideration. 19 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over 20 enforcement of the terms of this Protective Order after the action is terminated. 21 8. Any provision in the parties’ stipulation that is in conflict with anything in this 22 order is hereby DISAPPROVED. 23 DATED: May 29, 2024 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 24

27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], declare 4 under penalty of perjury that I have read in its entirety and understand the Stipulated 5 Protective Order that was issued by the United States District Court for the Eastern 6 District of California on _______, 2024 in the case of Byron Scheafer v. Target 7 Corporation, Case No. 2:24-CV-00651-DJC-DB. I agree to comply with and to be 8 bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in 10 the nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District 14 Court for the Eastern 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. 17 I hereby appoint __________________________ [print or type full name] 18 of _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with this 20 action or any proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: ________________________________

26 4874-4737-9902, v. 2 27 28