Zoom Imaging Solutions, Inc. v. Roe

Opinion

1 THOMAS A. WOODS (SB #210050) thomas.woods@stoel.com 2 NICHOLAS D. KARKAZIS (SB #299075) nicholas.karkazis@stoel.com 3 STOEL RIVES LLP 500 Capitol Mall, Suite 1600 4 Sacramento, CA 95814 Telephone: 916.447.0700 5 Facsimile: 916.447.4781

6 Attorneys for Defendants EDWARD ROE and POWER BUSINESS 7 TECHNOLOGY, LLC

8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ZOOM IMAGING SOLUTIONS, INC., Case No. 2:19-cv-01544-WBS-KJN 12 Plaintiff, STIPULATED PROTECTIVE ORDER 13 v.

14 EDWARD ROE; MAXWELL RAMSAY; JON Complaint Filed: August 9, 2019 CROSSEN; CORINNE FUERST; ANDREW 15 ALSWEET; KEVIN TOON; JASON PEEBLER; ABIGAIL NEAL; POWER 16 BUSINESS TECHNOLOGY, LLC; BRYAN DAVIS; MAURA LOPEZ; JEFFREY 17 ORLANDO; JESSICA HINTZ and DOES 1 through 100, inclusive, 18 Defendants. 19

20 21 22

23 24 25 26 27 28 1 STIPULATED PROTECTIVE ORDER 2 1. PURPOSES AND LIMITATIONS 3 Disclosure and discovery activity in this action are likely to involve production of confidential, 4 proprietary, or private information for which special protection from public disclosure and from use for 5 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 6 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this 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 only to the limited 9 information or items that are entitled to confidential treatment under the applicable legal principles. The 10 parties further acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective Order does 11 not entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the procedures 12 that must be followed and the standards that will be applied when a party seeks permission from the court 13 to file material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or 16 items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, 18 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 19 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their 21 support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 24 2.5 Disclosure or Discovery Material: all items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 / / / 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 2.7 House Counsel: attorneys who are employees of a party to this action. House 5 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 7 entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this action 10 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 2.10 Party: any party to this action, including all of its officers, directors, employees, 12 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 14 Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 17 storing, or retrieving data in any form or medium) and their employees and subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 19 “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected Material 24 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 25 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 26 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 27 However, the protections conferred by this Stipulation and Order do not cover the following 28 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 1 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 2 publication not involving a violation of this Order, including becoming part of the public record 3 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 4 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 5 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 6 Protected Material at trial shall be governed by a separate agreement or order. 7 4. DURATION 8 Even after final disposition of this litigation, the confidentiality obligations imposed by this 9 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 10 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 11 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 12 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 13 time limits for filing any motions or applications for extension of time pursuant to applicable law. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 16 Non-Party that designates information or items for protection under this Order must take care to 17 limit any such designation to specific material that qualifies under the appropriate standards. The 18 Designating Party must designate for protection only those parts of material, documents, items, or 19 oral or written communications that qualify – so that other portions of the material, documents, 20 items, or communications for which protection is not warranted are not swept unjustifiably within 21 the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited unless the Parties agree that 23 in light of the volume of documents to be produced, it would be impractical, unduly burdensome 24 and/or would cause significant delay in production to individually review each potentially 25 responsive document before production. 26 If it comes to a Designating Party’s attention that information or items that it designated for 27 protection do not qualify for protection, that Designating Party must promptly notify all other 28 Parties that it is withdrawing the inapplicable designation. 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic documents, but 7 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 8 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 9 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents or materials available for inspection need not 12 designate them for protection until after the inspecting Party has indicated which material it would 13 like copied and produced. During the inspection and before the designation, all of the material made 14 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 15 identified the documents it wants copied and produced, the Producing Party must determine which 16 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 17 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 18 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 19 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 20 appropriate markings in the margins). 21 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 22 Designating Party identify on the record, before the close of the deposition, hearing, or other 23 proceeding, all protected testimony. 24 (c) for information produced in some form other than documentary and for any other 25 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 26 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 27 portion or portions of the information or item warrant protection, the Producing Party, to the extent 28 practicable, shall identify the protected portion(s). 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2 designate qualified information or items does not, standing alone, waive the Designating Party’s 3 right to secure protection under this Order for such material. Upon timely correction of a 4 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 5 in accordance with the provisions of this Order. 6 6. ATTORNEYS’ EYES ONLY 7 6.1 This protective order does not prejudice the ability of any party to seek an 8 Attorney’s Eyes Only designation at a later date by way of stipulation or agreement of the parties, 9 separate motion, or informal discovery conference for any specific document or information. The 10 party seeking an Attorney’s Eyes Only designation has the burden of persuasion in establishing a 11 specific document or information is entitled to the Attorney’s Eyes Designation. Once a document 12 or information is determined to have an Attorneys’ Eyes Only designation (either by way of 13 stipulation or agreement of the parties or by ruling of the Court), the information contained 14 therein shall be disclosed only to the Court, counsel for the Requesting Party (including the 15 paralegal, consultants, clerical, and secretarial staff employed by such counsel) to the above- 16 captioned litigation, and other persons identified in paragraph 8 below, but shall not be disclosed 17 to the Requesting Party itself, or to an officer, director or employee of a party, unless otherwise 18 agreed or ordered. 19 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 21 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 22 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 23 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 24 challenge a confidentiality designation by electing not to mount a challenge promptly after the 25 original designation is disclosed. 26 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 27 by providing written notice of each designation it is challenging and describing the basis for each 28 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 1 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 2 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 3 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 4 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 5 Party must explain the basis for its belief that the confidentiality designation was not proper and 6 must give the Designating Party an opportunity to review the designated material, to reconsider the 7 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 8 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 9 has engaged in this meet and confer process first or establishes that the Designating Party is 10 unwilling to participate in the meet and confer process in a timely manner. 11 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the 12 Designating Party shall file and serve a motion to retain confidentiality within 21 days of the initial notice of 13 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their 14 dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration affirming 15 that the movant has complied with the meet and confer requirements imposed in the preceding paragraph. 16 Failure by the Designating Party to make such a motion including the required declaration within 21 days (or 17 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged 18 designation. After three failed challenges in court, the burden shall shift to the Challenging Party to move to 19 challenge the confidentiality designation for any further designation disputes. In addition, the Challenging 20 Party may file a motion challenging a confidentiality designation at any time if there is good cause for doing 21 so, including a challenge to the designation of a deposition transcript or any portions thereof. Any motion 22 brought pursuant to this provision must be accompanied by a competent declaration affirming that the 23 movant has complied with the meet and confer requirements imposed by the preceding paragraph. 24 The burden of persuasion in any such challenge proceeding shall be on the Designating 25 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 26 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 27 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 28 to retain confidentiality as described above, all parties shall continue to afford the material in 1 question the level of protection to which it is entitled under the Producing Party’s designation until 2 the court rules on the challenge. 3 8. ACCESS TO AND USE OF PROTECTED MATERIAL 4 8.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 5 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 6 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 7 the categories of persons and under the conditions described in this Order. When the litigation has 8 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 9 DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a location and in a 11 secure manner that ensures that access is limited to the persons authorized under this Order. 12 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 13 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 14 information or item designated “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 16 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 17 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 18 attached hereto as Exhibit A; 19 (b) the officers, directors, and employees (including House Counsel) of the Receiving 20 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 23 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 24 to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 27 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 1 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 2 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 3 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 5 bound by the court reporter and may not be disclosed to anyone except as permitted under this 6 Stipulated Protective Order. 7 (g) the author or recipient of a document containing the information or a custodian or 8 other person who otherwise possessed or knew the information. 9 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 10 LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation that compels 12 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 13 must: 14 (a) promptly notify in writing the Designating Party. Such notification shall include a 15 copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 17 other litigation that some or all of the material covered by the subpoena or order is subject to this 18 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 20 Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with the subpoena 22 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 23 before a determination by the court from which the subpoena or order issued, unless the Party has 24 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 25 expense of seeking protection in that court of its confidential material – and nothing in these 26 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 27 disobey a lawful directive from another court. 28 / / / 1 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non-Party in 4 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 7 protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 9 Party’s confidential information in its possession, and the Party is subject to an agreement with the 10 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 11 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 12 all of the information requested is subject to a confidentiality agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 14 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 15 information requested; and 16 (3) make the information requested available for inspection by the Non-Party. 17 (c) If the Non-Party fails to object or seek a protective order from this court within 14 18 days of receiving the notice and accompanying information, the Receiving Party may produce the 19 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 20 seeks a protective order, the Receiving Party shall not produce any information in its possession or 21 control that is subject to the confidentiality agreement with the Non-Party before a determination by 22 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 23 seeking protection in this court of its Protected Material. 24 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 26 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 27 the Receiving Party must immediately (a) notify in writing the Designating Party of the 28 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 1 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 2 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 5 MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain inadvertently 7 produced material is subject to a claim of privilege or other protection, the obligations of the 8 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 9 is not intended to modify whatever procedure may be established in an e-discovery order that 10 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 11 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 12 information covered by the attorney-client privilege or work product protection, the parties may 13 incorporate their agreement in the stipulated protective order submitted to the court. 14 13. MISCELLANEOUS 15 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 16 seek its modification by the court in the future. 17 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 18 no Party waives any right it otherwise would have to object to disclosing or producing any 19 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 20 Party waives any right to object on any ground to use in evidence of any of the material covered by 21 this Protective Order. 22 13.3 Filing Protected Material. Without written permission from the Designating Party or a 23 court order secured after appropriate notice to all interested persons, a Party may not file in the public record 24 in this action any Protected Material. A Party that seeks to file under seal any Protected Material must 25 comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant to a court order 26 authorizing the sealing of the specific Protected Material at issue. 27 14. FINAL DISPOSITION 28 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 1 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 2 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 4 the Protected Material is returned or destroyed, the Receiving Party must submit a written 5 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 6 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 7 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 8 abstracts, compilations, summaries or any other format reproducing or capturing any of the 9 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 10 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 11 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 12 and expert work product, even if such materials contain Protected Material. Any such archival 13 copies that contain or constitute Protected Material remain subject to this Protective Order as set 14 forth in Section 4 (DURATION). 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 17 DATED: March 25, 2020 STOEL RIVES LLP

18 19 By: /s/ Nicholas Karkazis THOMAS A. WOODS 20 NICHOLAS D. KARKAZIS Attorneys for Defendants 21 EDWARD ROE and POWER BUSINESS TECHNOLOGY, LLC 22

23 24 25 26 27 28 1 DATED: March 25, 2020 OGLETREE, DEAKINS, NASH, SMOAK & 2 STEWART, P.C. 3 4 By: /s/ Graham Hoerauf DAVID A. GARCIA 5 GRAHAM M. HOERAUF ROBERT R. VORHEES 6 Attorneys for Plaintiff ZOOM IMAGING SOLUTIONS, INC. DATED: March 25, 2020 PORTER SCOTT 8 9 By: /s/ Jeffrey Nordlander 10 MARTIN N. JENSEN JEFFREY A. NORDLANDER ll Attorneys for DEFENDANTS MAX RAMSAY, JON CROSSEN, CORINNE FUERST, ANDY ALSWEET, KEVIN TOON, JASON PEEBLER, ABIGAIL 13 NEAL, BRYAN DAVIS and MAURA LOPEZ 14 15 ORDER 16 The Court has reviewed the parties’ stipulated protective order, and GRANTS the request 17 subject to the following clarification. It is unclear as to the parties’ intent concerning the duration 18 | of the Court’s jurisdiction regarding this protective order. The Local Rules indicate that once this 19 | action is closed, “unless otherwise ordered, the Court will not retain jurisdiction over enforcement 20 | of the terms of any protective order filed in that action.” L.R. 141.1(f). Courts in the district 21 generally do not agree to retain jurisdiction after closure of the case, and the Court sees no reason 22 to do so here. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., 23 February 03, 2017). Thus, for clarity, the undersigned informs the parties that once the case is 24 closed, the Court will not retain jurisdiction over any disputes regarding this protective order. 25 | Dated: March 30, 2020 26 □□□ AO 27 zoom.1544 KENDALL J. NEW 1 N UNITED STATES MAGISTRATE JUDGE EL RIVES LLP [PROPOSED] STIPULATED PROTECTIVE 13. 9-19-CV-01544- WBS-KIN

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern District of 6 California on ___________ [date] in the case of Zoom Imaging Solutions, Inc. v. Edward Roe, et al., Case 7 No. 2:19-CV-01544-WBS-KJN. 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 expose me to sanctions 9 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 10 information or item that is subject to this Stipulated Protective Order to any person or entity except in 11 strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 14 such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related to 18 enforcement of this Stipulated Protective Order. 19 20 Date: _________________________________ 21 City and State where sworn and signed: _________________________________

22 Printed name: ______________________________ [printed name] 23

Signature: __________________________________ 24 [signature] 25

28 42313045.1