J.S.L. v. United States of America ( 2024 )

1 Sameer Hussain (SBN 340386) CARLTON FIELDS, LLP 2 2029 Century Park East, Suite 1200 Los Angeles, CA 90067-2913 3 Telephone: (310) 843-6300 4 Facsimile: (310) 843-6301 shussain@carltonfields.com 5 Attorneys for Defendant QUEST DIAGNOSTICS, INC. 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 J.S.L., a minor, by and through his Case No.: 2:23-cv-01615 FLA (KSx) 11 guardian ad litem, CHRISTINA 12 SHERRILLS, Assigned to the Honorable Fernando L. Aenlle-Rocha, Courtroom 6B 13 Plaintiff, STIPULATED PROTECTIVE ORDER 14 vs. DISCOVERY MATTER 15 United States of America, Quest 16 Diagnostics, Inc., Professional Communications Network, Inc., Does 1 Complaint filed: March 3, 2023 17 through 10, Trial Date: December 10, 2024 18 Defendants. 19 United States of America, 20 Cross-Claimant, 21 vs. 22 Quest Diagnostics, Inc. and Professional 23 Communications Network, Inc., 24 Cross-Defendants. 25 26 27 28 1 I. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are 9 entitled to confidential treatment under the applicable legal principles. The parties 10 further acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective 11 Order does not entitle them to file confidential information under seal; Civil Local Rule 12 79-5 sets forth the procedures that must be followed and the standards that will be applied 13 when a party seeks permission from the Court to file material under seal. 14 II. GOOD CAUSE STATEMENT 15 At this time discovery is anticipated to include production of documents and 16 information that may be of a confidential and/or proprietary nature for which special 17 protection from public disclosure and from use for any purpose other than prosecution of 18 this action is warranted. Such confidential and proprietary materials and information may 19 consist of, among other things, confidential Protected Health Information pursuant to 45 20 CFR Parts 160-164 and California Civil Code section 56, et seq., proprietary and 21 confidential business policies, standard operating procedures, commercial information, 22 personnel information, quality assurance/control information, and information otherwise 23 generally unavailable to the public, or which may be privileged or otherwise protected 24 from disclosure under state or federal statutes, court rules, case decisions, or common 25 law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution 26 of disputes over confidentiality of discovery materials, to adequately protect information 27 the parties are entitled to keep confidential, to ensure that the parties are permitted 28 reasonable necessary uses of such material in preparation for and in the conduct of trial, 1 to address their handling at the end of the litigation, and serve the ends of justice, a 2 protective order for such information is justified in this matter. It is the intent of the 3 parties that information will not be designated as confidential for tactical reasons and that 4 nothing be so designated without a good faith belief that it has been maintained in a 5 confidential, non-public manner, and there is good cause why it should not be part of the 6 public record of this case. 7 III. DEFINITIONS 8 A. Action: J.S.L., a minor, by and through his guardian ad litem, Christina 9 Sherrills v. United States of America, et al., USDC Central District Case No. 23-cv- 10 01615. 11 B. Challenging Party: A Party or Non-Party that challenges the designation of 12 information or items under this Order. 13 C. “CONFIDENTIAL” Information or Items: Information (regardless of how 14 it is generated, stored or maintained) or tangible things that qualify for protection under 15 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 16 Statement. 17 D. Counsel: Outside Counsel of Record and House Counsel (as well as their 18 support staff). 19 E. Designating Party: A Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 21 F. Disclosure or Discovery Material: All items or information, regardless of 22 the medium or manner in which it is generated, stored, or maintained (including, among 23 other things, testimony, transcripts, and tangible things), that are produced or generated in 24 disclosures or responses to discovery in this matter. 25 G. Expert: A person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 28 1 H. House Counsel: Attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside counsel. 3 I. Non-Party: Any natural person, partnership, corporation, association, or 4 other legal entity not named as a Party to this action. 5 J. Outside Counsel of Record: Attorneys who are not employees of a party to 6 this Action but are retained to represent or advise a party to this Action and have 7 appeared in this Action on behalf of that party or are affiliated with a law firm which has 8 appeared on behalf of that party, and includes support staff. 9 K. Party: Any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 L. Producing Party: A Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 M. Professional Vendors: Persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 17 their employees and subcontractors. 18 N. Protected Material: Any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 O. Receiving Party: A Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 IV. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected 24 Material (as defined above), but also (1) any information copied or extracted from 25 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 26 Material; and (3) any testimony, conversations, or presentations by Parties or their 27 Counsel that might reveal Protected Material. 28 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Order does not govern the use of Protected Material at trial. 3 V. DURATION 4 Once a case proceeds to trial, all of the information that was designated as 5 confidential or maintained pursuant to this protective order becomes public and will 6 be presumptively available to all members of the public, including the press, unless 7 compelling reasons supported by specific factual findings to proceed otherwise are made 8 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 9 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 related documents are part of court record). Accordingly, the terms of this protective 12 order do not extend beyond the commencement of the trial. 13 VI. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 15 Party or Non-Party that designates information or items for protection under this Order 16 must take care to limit any such designation to specific material that qualifies under the 17 appropriate standards. The Designating Party must designate for protection only those 18 parts of material, documents, items, or oral or written communications that qualify so that 19 other portions of the material, documents, items, or communications for which protection 20 is not warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that 22 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 23 to unnecessarily encumber the case development process or to impose unnecessary 24 expenses and burdens on other parties) may expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this 2 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 3 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 4 must be clearly so designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires the following: 6 a. For information in documentary form (e.g., paper or electronic documents, 7 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 8 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 9 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 10 portion or portions of the material on a page qualifies for protection, the Producing Party 11 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 A Party or Non-Party that makes original documents available for 14 inspection need not designate them for protection until after the inspecting Party has 15 indicated which documents 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 depositions, that the Designating Party identify the 25 Disclosure or Discovery Material on the record, before the close of the deposition all 26 protected testimony. 27 c. For information produced in form other than document and for any other 28 tangible items, that the Producing Party affix in a prominent place on the exterior of the 1 container or containers in which the information is stored the legend 2 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 3 the Producing Party, to the extent practicable, shall identify the protected portion(s). 4 5.3 Inadvertent Failure to Designate. If timely corrected, an inadvertent failure 5 to designate qualified information or items does not, standing alone, waive the 6 Designating Party’s right to secure protection under this Order for such material. Upon 7 timely correction of a designation, the Receiving Party must make reasonable efforts to 8 assure that the material is treated in accordance with the provisions of this Order. 9 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any party or Non-Party may challenge a designation 11 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 13 process under Local Rule 37.1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be on the 15 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 16 to harass or impose unnecessary expenses and burdens on other parties) may expose the 17 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 18 the confidentiality designation, all parties shall continue to afford the material in question 19 the level of protection to which it is entitled under the Producing Party’s designation until 20 the Court rules on the challenge. 21 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this Action 24 only for prosecuting, defending, or attempting to settle this Action. Such Protected 25 Material may be disclosed only to the categories of persons and under the conditions 26 described in this Order. When the Action has been terminated, a Receiving Party must 27 comply with the provisions of Section XIV below. 28 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 5 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 6 may disclose any information or item designated “CONFIDENTIAL” only to: 7 a. The Receiving Party’s Outside Counsel of Record in this Action, as well as 8 employees of said Outside Counsel of Record to whom it is reasonably necessary to 9 disclose the information for this Action; 10 b. The officers, directors, and employees (including House Counsel) of the 11 Receiving Party to whom disclosure is reasonably necessary for this Action; 12 c. Experts (as defined in this Order) of the Receiving Party to whom 13 disclosure is reasonably necessary for this Action and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 d. The Court and its personnel; 16 e. Court reporters and their staff; 17 f. Professional jury or trial consultants, mock jurors, and Professional 18 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 19 the “Acknowledgment and Agreement to be Bound” attached as Exhibit A hereto; 20 g. The author or recipient of a document containing the information or a 21 custodian or other person who otherwise possessed or knew the information; 22 h. During their depositions, witnesses, and attorneys for witnesses, in the 23 Action to whom disclosure is reasonably necessary provided: (i) the deposing party 24 requests that the witness sign the “Acknowledgment and Agreement to Be Bound;” and 25 (ii) they will not be permitted to keep any confidential information unless they sign the 26 “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the 27 Designating Party or ordered by the Court. Pages of transcribed deposition testimony or 28 exhibits to depositions that reveal Protected Material may be separately bound by the 1 court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order; and 3 i. Any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 6 IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that 8 compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL,” that Party must: 10 a. Promptly notify in writing the Designating Party. Such notification shall 11 include a copy of the subpoena or court order; 12 b. Promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena or 14 order is subject to this Protective Order. Such notification shall include a copy of this 15 Stipulated Protective Order; and 16 c. Cooperate with respect to all reasonable procedures sought to be pursued 17 by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with the 19 subpoena or court order shall not produce any information designated in this action as 20 “CONFIDENTIAL” before a determination by the Court from which the subpoena or 21 order issued, unless the Party has obtained the Designating Party’s permission. The 22 Designating Party shall bear the burden and expense of seeking protection in that court of 23 its confidential material and nothing in these provisions should be construed as 24 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 25 from another court. 26 / / / 27 / / / 28 1 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 A. The terms of this Order are applicable to information produced by a Non- 4 Party in this Action and designated as “CONFIDENTIAL.” Such information produced 5 by Non-Parties in connection with this litigation is protected by the remedies and relief 6 provided by this Order. Nothing in these provisions should be construed as prohibiting a 7 Non-Party from seeking additional protections. 8 B. In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is subject 10 to an agreement with the Non-Party not to produce the Non-Party’s confidential 11 information, then the Party shall: 12 1. Promptly notify in writing the Requesting Party and the Non-Party that 13 some or all of the information requested is subject to a confidentiality agreement with a 14 Non-Party; 15 2. Promptly provide the Non-Party with a copy of the Stipulated Protective 16 Order in this Action, the relevant discovery request(s), and a reasonably specific 17 description of the information requested; and 18 3. Make the information requested available for inspection by the Non-Party, 19 if requested. 20 C. If the Non-Party fails to seek a protective order from this court within 14 21 days of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party’s confidential information responsive to the discovery request. If 23 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 24 information in its possession or control that is subject to the confidentiality agreement 25 with the Non-Party before a determination by the court. Absent a court order to the 26 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 27 Court of its Protected Material. 28 1 XI. 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 4 under this Stipulated Protective Order, the Receiving Party must immediately (1) 5 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 6 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 7 the person or persons to whom unauthorized disclosures were made of all the terms 8 of this Order, and (4) request such person or persons to execute the 9 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit 10 A. 11 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, the 15 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 16 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 17 established in an e-discovery order that provides for production without prior privilege 18 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 19 an agreement on the effect of disclosure of a communication or information covered by 20 the attorney-client privilege or work product protection, the parties may incorporate their 21 agreement in the Stipulated Protective Order submitted to the Court. 22 XIII. MISCELLANEOUS 23 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 24 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 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 2 to use in evidence of any of the material covered by this Protective Order. 3 12.3. Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the specific 6 Protected Material at issue. If a Party's request to file Protected Material under seal is 7 denied by the Court, then the Receiving Party may file the information in the public 8 record unless otherwise instructed by the Court. 9 XIV. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in Section V, within sixty (60) 11 days of a written request by the Designating Party, each Receiving Party must return all 12 Protected Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected Material. 15 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 16 a written certification to the Producing Party (and, if not the same person or entity, to the 17 Designating Party) by the 60 day deadline that (1) identifies (by category, where 18 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 19 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 20 any other format reproducing or capturing any of the Protected Material. 21 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 24 consultant and expert work product, even if such materials contain Protected Material. 25 Any such archival copies that contain or constitute Protected Material remain subject to 26 this Protective Order as set forth in Section V. 27 Any violation of this Order may be punished by any and all appropriate measures 28 including, without limitation, contempt proceedings and/or monetary sanctions. 1 This Order shall be binding upon the parties hereto, upon their attorneys, and upon 2 || the parties’ and their attorneys’ successors, executors, personal representatives, 3 administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, 4 || agents, independent contractors, or other persons or organizations over which they have 5 || control. 6 || IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 7 || Dated: March 8, 2024 LAW OFFICES OF MICHELS & LEW 8 By:___/s/Jin N. Lew Jin N. Lew 9 Attorneys for Plaintiff, J.S.L., a minor, by and through his guardian ad litem Christina 10 Shermills 11 Dated: March 8, 2024 AUSA — OFFICE OF U.S. ATTORNEY 12 13 By:___/s/Jennifer R. Jacobs 14 Jennifer R. Jacobs Attorneys for Defendant United States of America 15 16 || Dated: March 11, 2024 CARLTON FIELDS, LLP 17 By:___/s/Sameer Hussain 18 Sameer Hussain Attorneys for Defendant Quest Diagnostics, Inc. 19 Dated: March 8, 2024 COLLINS AND COLLINS LLP 20 21 By:___/s/Brian K. Stewart Brian K. Stewart 22 Attorneys for Defendant Professional 3 Communications Network, Inc. 24 || FOR GOOD CAUSE SHOW, IT IS SO ORDERED. 25 26 ||Dated: March 11, 2024 7 aun Bosensrr_ Horforable Karen L. Stevenson 27 United States Magistrate Judge 28 13 STIPULATED PROTECTIVE ORDER EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, [print or type full name], of 4 [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issue by the United States District Court for the Central District of 7 California in the case of J.S.L., a minor, by and through his guardian ad litem, Christina 8 Sherrills v. United States of America, et al., U.S. District Court Central District Case No. 9 2:23-cv-01615 FLA (KSx). I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that is 13 subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this 18 action. I hereby appoint [print or type full name] of 19 [print or type full address and telephone number] as 20 my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 Date: 23 City and State where sworn and signed: 24 25 Printed Name: 26 Signature: 27 28 PROOF OF SERVICE 1 F.R.C.P. 5 / C.C.P. §§ 1010.6. and 1013/ Cal. R. Ct. R. 2.251 2 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 3 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913. On March 11, 2024, I served the following 4 listed document(s), by method indicated below, on the parties in this action: 5 STIPULATED PROTECTIVE ORDER 6 SEE ATTACHED SERVICE LIST 7 BY U.S. MAIL BY ELECTRONIC SERVICE (CM/ECF) by 8 By placing the original / a true copy thereof enclosed in a uploading the document listed above to the Court’s 9 sealed envelope(s), with postage fully prepaid, addressed as per Electronic Filing Service Provider by using the the attached service list, for collection and mailing at 2029 CM/ECF system. I certify that the parties or their 10 Century Park East, Suite 1200, Los Angeles, CA 90067-2913 , counsel of record registered as ECF Filers will be following ordinary business practices. I am readily familiar served by the CM/ECF system. 11 with Carlton Fields, LLP’s practice for collection and processing of documents for mailing. Under that practice, the 12 document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the 13 ordinary course of business. 14 BY OVERNIGHT DELIVERY BY EMAIL 15 By delivering the document(s) listed above in a sealed By electronically transmitting the document(s) listed envelope(s) or package(s) designated by the express service above to the email address(es) of the person(s) set 16 carrier, with delivery fees paid or provided for, addressed as per forth on the attached service list. To my knowledge, the attached service list, to a facility regularly maintained by the the transmission was reported as complete and 17 express service carrier or to an authorized courier or driver without error. Service by email was made authorized by the express service carrier to receive documents. pursuant to agreement of the parties, confirmed in 18 Note: Federal Court requirement: service by overnight delivery writing, or as an additional method of service as a was made pursuant to agreement of the parties, confirmed in courtesy to the parties or pursuant to Court Order. 19 writing, or as an additional method of service as a courtesy See Cal. R. Ct. R. 2.260. to the parties or pursuant to Court Order. 20 21 I declare under penalty of perjury under the laws of the State of California and the United States 22 of America that the above is true and correct. Executed on March 11, 2024 at Los Angeles, California. 23 Teri Adams Type or Print Name Signature 24 25 26 27 28 1 SERVICE LIST 2 3 Philip Michels, Esq. Attorneys for Plaintiff 4 Jin N. Lew, Esq. Steven B. Stevens, Esq. 5 LAW OFFICES OF MICHELS & LEW 11755 Wilshire Blvd., Suite 1300 6 Los Angeles, CA 90025-1540 Tel: (310) 444-1200 7 pmichels@michels-lew.com 8 jlew@michels-lew.com sstevens@michels-lew.com 9 10 Brian K. Stewart, Esq. Attorneys for Professional Collins and Collins LLP Communications Network Inc. 11 790 East Colorago Blvd., Suite 600 12 Pasadena, CA 91101 Tel: (626) 243-1100 13 bstewart@ccllp.law 14 Daniel R. Overstreet, Esq. Collins and Collins LLP 15 750 The City Drive, Suite 400 16 Orange, CA 92868 Tel: (714) 823-4100 17 doverstreet@ccllp.law 18 Erin Choi, Esq. Attorneys for United States of America Jennifer R. Jacobs, Esq. 19 AUSA – Office of U.S. Attorney 20 300 North Los Angeles, Suite 7516 Los Angeles, CA 90012 21 Tel: (213) 894-7354/(213) 894-6167 Erin.choi@usdoj.gov 22 Jennifer.jacobs3@usdoj.gov 23 24 25 26 27 28