Thaddeus Sholes v. City of Los Angeles ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 THADDEUS SHOLES, an individual; CASE NO. CV23-06897-FMO-KS Action Filed: August 22, 2023 12 Plaintiffs, Hon. Fernando M. Olguin, Ctrm. 6D, 6th Floor Mag. Judge Karen L. Stevenson, Ctrm 580-Roybal 13 v. 14 [PROPOSED] PROTECTIVE ORDER 15 CITY OF LOS ANGELES; and DOES 1 through 50, inclusive, 16 17 Defendants. 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary, 21 or private information for which special protection from public disclosure and from use 22 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 23 parties hereby stipulate to and petition the Court to enter the following Stipulated 24 Protective Order. The parties acknowledge that this Order does not confer blanket 25 protections on all disclosures or responses to discovery and that the protection it affords 26 from public disclosure and use extends only to the limited information or items that are 27 entitled to confidential treatment under the applicable legal principles. The parties further 1 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order 2 does not entitle them to file confidential information under seal; Civil Local Rule 79-5 3 sets forth the procedures that must be followed and the standards that will be applied 4 when a party seeks permission from the court to file material under seal. 5 B. GOOD CAUSE STATEMENT 6 This action involves the City of Los Angeles (the “City”) through members of the 7 City’s Los Angeles Police Department (“LAPD”). The nature of the incident that gives 8 rise to Plaintiff’s suit and Plaintiff’s claims and allegations, will result in discovery 9 production that includes: police reports and evidence; investigation reports and evidence; 10 peace officer personnel materials; information implicating the privacy rights of third 11 parties (i.e., bystander witnesses, emergency personnel information); and other private 12 and confidential materials for which require special protection from public disclosure. 13 Specifically, Plaintiff is seeking materials and information that Defendant City 14 maintains as confidential such as personnel files of the police and/or sworn officers 15 involved in this incident, Internal Affairs materials and information, video recordings, 16 audio recordings, photographs, Force Investigation Division materials and information 17 and other administrative materials and information currently in the possession of 18 Defendant and which Defendant believes need special protection from public disclosure 19 and from use for any purpose other than prosecuting this litigation. Plaintiff may also 20 seek official information contained in the personnel files of the police and/or sworn 21 officers involved in the subject incident, which Defendant maintains as strictly 22 confidential and which Defendant believes needs special protection from public 23 disclosure and from use for any purpose other than prosecuting this litigation. 24 Defendant asserts that the confidentiality of the materials and information sought 25 by Plaintiff is recognized by California and federal law, as evidenced inter alia by 26 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal., 27 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). Defendants have not 1 publicly released the materials and information referenced above except under protective 2 order or pursuant to a court order, if at all. The personnel materials and information are 3 of the type that has been used to initiate disciplinary action against the City’s respective 4 employees, and has been used as evidence in disciplinary proceedings, where the 5 employee conduct was considered to be contrary to policy. 6 Defendant contends that absent a protective order delineating the responsibilities 7 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary 8 and undue disclosure by one or more of the many attorneys, secretaries, law clerks, 9 paralegals and expert witnesses involved in this case, as well as the corollary risk of 10 embarrassment, harassment and professional and legal harm on the part of the City’s 11 employees referenced in the materials and information. 12 Defendant also contends that the unfettered disclosure of the materials and 13 information, absent a protective order, would allow the media to share this information 14 with potential jurors in the area, impacting the rights of Defendant herein to receive a fair 15 trial. 16 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 17 of disputes over confidentiality of discovery materials, to adequately protect information 18 the parties are entitled to keep confidential, to ensure that the parties are permitted 19 reasonable necessary uses of such material in preparation for and in the conduct of trial, 20 to address their handling at the end of the litigation, and serve the ends of justice, a 21 protective order for such information is justified in this matter. It is the intent of the parties 22 that information will not be designated as confidential for tactical reasons and that 23 nothing be so designated without a good faith belief that it has been maintained in a 24 confidential, non-public manner, and there is good cause why it should not be part of the 25 public record of this case. 26 27 1 Plaintiff agrees that there is Good Cause for a Protective Order so as to preserve 2 the respective interests of the parties while streamlining the process of resolving any 3 disagreements. 4 The parties therefore stipulate that there is Good Cause for, and hereby jointly 5 request that the honorable Court issue a Protective Order regarding confidential 6 documents consistent with the terms and provisions of this Stipulation. However, the 7 entry of a Protective Order by the Court pursuant to this Stipulation shall not be construed 8 as any ruling by the Court on the aforementioned legal statements or privilege claims in 9 this section, no shall this section be construed as part of any such Court Order. 10 2. DEFINITIONS 11 2.1 Action: Thaddeus Sholes v. City of Los Angeles, et al. Case No. CV23-06897- 12 FMO-KS. 13 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 14 information or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 16 generated, stored or maintained) or tangible things that qualify for protection under 17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 18 Statement. 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 20 support staff). 21 2.5 Designating Party: a Party or Non-Party that designates information or items 22 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of the 24 medium or manner in which it is generated, stored, or maintained (including, among other 25 things, testimony, transcripts, and tangible things), that are produced or generated in 26 disclosures or responses to discovery in this matter. 27 1 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 2 to the litigation who has been retained by a Party or its counsel to serve as an expert 3 witness or as a consultant in this Action. 4 2.8 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 2.9 Non-Party: any natural person, partnership, corporation, association, or other 7 legal entity not named as a Party to this action 8 2.10 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 10 this Action on behalf of that party or are affiliated with a law firm which has appeared on 11 behalf of that party, and includes support staff. 12 2.11 Party: any party to this Action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 16 Material in this Action. 17 2.13 Professional Vendors: persons or entities that provide litigation support 18 services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 20 their employees and subcontractors. 21 2.14 Protected Material: any Disclosure or Discovery Material that is designated 22 as “CONFIDENTIAL.” 23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 24 a Producing Party. 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only Protected 27 Material (as defined above), but also (1) any information copied or extracted from 1 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 2 Material; and (3) any testimony, conversations, or presentations by Parties or their 3 Counsel that might reveal Protected Material. 4 Any use of Protected Material at trial shall be governed by the orders of the trial 5 judge. This Order does not govern the use of Protected Material at trial. 6 4. DURATION 7 Once a case proceeds to trial, all of the information that was designated as 8 confidential or maintained pursuant to this protective order becomes public and will be 9 presumptively available to all members of the public, including the press, unless 10 compelling reasons supported by specific factual findings to proceed otherwise are made 11 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 12 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 13 documents produced in discovery from “compelling reasons” standard when merits- 14 related documents are part of court record). Accordingly, the terms of this protective 15 order do not extend beyond the commencement of the trial. 16 Even after final disposition of this litigation, the confidentiality obligations 17 imposed by this Order will remain in effect as to all Protected Material that was not 18 introduced or not admitted into evidence at trial until a Designating Party agrees 19 otherwise in writing or a court order otherwise directs. Final disposition will be deemed 20 to be the later of (1) dismissal of all claims and defenses in this Action, with or without 21 prejudice; and (2) final judgment herein after the completion and exhaustion of all 22 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 23 for filing any motions or applications for extensions of time pursuant to applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 26 Party or Non-Party that designates information or items for protection under this Order 27 must take care to limit any such designation to specific material that qualifies under the 1 appropriate standards. The Designating Party must designate for protection only those 2 parts of material, documents, items, or oral or written communications that qualify so that 3 other portions of the material, documents, items, or communications for which protection 4 is not warranted are not swept unjustifiably within the ambit of this Order. 5 Mass, indiscriminate, or routinized designations are prohibited. Designations that 6 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 7 to unnecessarily encumber the case development process or to impose unnecessary 8 expenses and burdens on other parties) may expose the Designating Party to sanctions. If 9 it comes to a Designating Party’s attention that information or items that it designated for 10 protection do not qualify for protection, that Designating Party must promptly notify all 11 other Parties that it is withdrawing the inapplicable designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in this 13 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under 15 this Order must be clearly so designated before the material is disclosed or produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic documents, 18 but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each 21 page that contains protected material. If only a portion or portions of the 22 material on a page qualifies for protection, the Producing Party also must 23 clearly identify the protected portion(s) (e.g., by making appropriate 24 markings in the margins). 25 26 A Party or Non-Party that makes original documents available for inspection need 27 not designate them for protection until after the inspecting Party has indicated which 1 documents it would like copied and produced. During the inspection and before the 2 designation, all of the material made available for inspection shall be deemed 3 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 4 copied and produced, the Producing Party must determine which documents, or portions 5 thereof, qualify for protection under this Order. Then, before producing the specified 6 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 7 that contains Protected Material. If only a portion or portions of the material on a page 8 qualifies for protection, the Producing Party also must clearly identify the protected 9 portion(s) (e.g., by making appropriate markings in the margins). 10 (b) for testimony given in depositions that the Designating Party identify the 11 Disclosure or Discovery Material on the record, before the close of the deposition all 12 protected testimony. 13 (c) for information produced in some form other than documentary and for any 14 other tangible items, that the Producing Party affix in a prominent place on the exterior 15 of the container or containers in which the information is stored the legend 16 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 17 the Producing Party, to the extent practicable, shall identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 19 designate qualified information or items does not, standing alone, waive the Designating 20 Party’s right to secure protection under this Order for such material. Upon timely 21 correction of a designation, the Receiving Party must make reasonable efforts to assure 22 that the material is treated in accordance with the provisions of this Order. 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 25 confidentiality at any time that is consistent with the Court’s Scheduling Order. 26 27 1 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute 2 resolution process set forth in the Court's Procedures and Schedules. see 3 http://www.cacd.uscourts.gov/honorable-alka-sagar 4 6.3 The burden of persuasion in any such challenge proceeding shall be on the 5 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 6 to harass or impose unnecessary expenses and burdens on other parties) may expose the 7 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 8 the confidentiality designation, all parties shall continue to afford the material in question 9 the level of protection to which it is entitled under the Producing Party’s designation until 10 the Court rules on the challenge. 11 12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected Material that is 14 disclosed or produced by another Party or by a Non-Party in connection with this Action 15 only for prosecuting, defending, or attempting to settle this Action. Such Protected 16 Material may be disclosed only to the categories of persons and under the conditions 17 described in this Order. When the Action has been terminated, a Receiving Party must 18 comply with the provisions of section 13 below (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 23 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 24 may disclose any information or item designated “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 26 employees of said Outside Counsel of Record to whom it is reasonably necessary to 27 disclose the information for this Action; 1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 4 reasonably necessary for this Action and who have signed the “Acknowledgment and 5 Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 9 whom disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a custodian 12 or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 14 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 15 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted 16 to keep any confidential information unless they sign the “Acknowledgment and 17 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party 18 or ordered by the court. Pages of transcribed deposition testimony or exhibits to 19 depositions that reveal Protected Material may be separately bound by the court reporter 20 and may not be disclosed to anyone except as permitted under this Stipulated Protective 21 Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, mutually 23 agreed upon by any of the parties engaged in settlement discussions. 24 25 26 27 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue 9 in the other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Protective Order. Such notification shall include a copy of this Stipulated 11 Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 13 Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a NonParty 26 in this Action and designated as “CONFIDENTIAL.” Such information produced by 27 Non-Parties in connection with this litigation is protected by the remedies and relief 1 provided by this Order. Nothing in these provisions should be construed as prohibiting a 2 Non-Party from seeking additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to produce a 4 Non-Party’s confidential information in its possession, and the Party is subject to an 5 agreement with the Non-Party not to produce the Non-Party’s confidential information, 6 then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that some 8 or all of the information requested is subject to a confidentiality agreement with a Non- 9 Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 11 in this Action, the relevant discovery request(s), and a reasonably specific description of 12 the information requested; and 13 (3) make the information requested available for inspection by the Non-Party, if 14 requested. (c) If the Non-Party fails to seek a protective order from this court within 14 15 days of receiving the notice and accompanying information, the Receiving Party may 16 produce the Non-Party’s confidential information responsive to the discovery request. If 17 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 18 information in its possession or control that is subject to the confidentiality agreement 19 with the Non-Party before a determination by the court. Absent a court order to the 20 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 21 court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 26 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 27 all unauthorized copies of the Protected Material, (c) inform the person or persons to 1 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 2 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 3 that is attached hereto as Exhibit A. 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED 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 8 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 9 This provision is not intended to modify whatever procedure may be established in an e- 10 discovery order that provides for production without prior privilege review. Pursuant to 11 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 12 effect of disclosure of a communication or information covered by the attorney-client 13 privilege or work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the court. 15 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person 18 to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 20 Order no Party waives any right it otherwise would have to object to disclosing or 21 producing any information or item on any ground not addressed in this Stipulated 22 Protective Order. Similarly, no Party waives any right to object on any ground to use in 23 evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 25 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 26 under seal pursuant to a court order authorizing the sealing of the specific Protected 27 Material at issue. If a Party's request to file Protected Material under seal is denied by the 1 court, then the Receiving Party may file the information in the public record unless 2 otherwise instructed by the court. 3 4 13. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 days 6 of a written request by the Designating Party, each Receiving Party must return all 7 Protected Material to the Producing Party or destroy such material. As used in this 8 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 9 summaries, and any other format reproducing or capturing any of the Protected Material. 10 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 11 a written certification to the Producing Party (and, if not the same person or entity, to the 12 Designating Party) by the 60 day deadline that (1) identifies (by category, where 13 appropriate) all the Protected Material that was returned or destroyed and (2)affirms that 14 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 15 any other format reproducing or capturing any of the Protected Material. Notwithstanding 16 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 17 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 18 deposition and trial exhibits, expert reports, attorney work product, and consultant and 19 expert work product, even if such materials contain Protected Material. Any such archival 20 copies that contain or constitute Protected Material remain subject to this Protective Order 21 as set forth in Section 4 (DURATION). 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 14. Any violation of this Order may be punished by any and all appropriate 2 || measures including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 || DATED: February 16,2024 HARRIS & HAYDEN 7 _/s/ g JOHN W. HARRIS, Esq. HERBERT HAYDEN, Esq. 9 Attorneys for Plaintiff THADDEUS SHOLES 10 DATED: February 16,2024 HYDEE FELDSTEIN SOTO, City Attorney 11 DENISE C. MILLS, Chief Deputy City Attorney SCOTT MARCUS, Chief Asst. City Attorney 12 CORY M. BRENTE, Senior Assistant City Attorney 13 By: /s) Rebecea ‘©. Huinter 14 REBECCA E. HUNTER', Deputy City Attorney Attorneys for Defendant CITY OF LOS ANGELES 15 16 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 DATED: February 16, 2024 in A SK 18 Honorable Karen L. Stevenson 19 Chief United States Magistrate Judge 20 21 22 23 24 25 26 ' Pursuant to Local Rule 5 5-4.3.4(a)(2)(i), I attest that the other signatories listed, 27 || and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Central District of California on [date] in the 7 case of Thaddeus Sholes v. City of Los Angeles et al; Case No. 2:23-cv-06897-FMO- 8 KS. I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 11 disclose in any manner any information or item that is subject to this Stipulated Protective 12 Order to any person or 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 Court for the 14 Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or 19 any proceedings related to enforcement of this Stipulated Protective Order. Date: 20 ______________________________________ 21 City and State where sworn and signed: ________________________________ 22 Printed name: _______________________________ 23 Signature: __________________________________ 24 25 26 27