Carly Roddy v. State Farm General Insurance Company ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 11 CARLY RODDY and SIMON Case No. 2:23-cv-09248 SVW(JCx) RODDY, individuals, [LASC Case No.: 23SMCV04700] 12 Complaint Filed: October 5, 2023 Plaintiff, 13 STIPULATED PROTECTIVE ORDER v. 14 US District Judge: Stephen V. Wilson STATE FARM GENERAL Magistrate Judge Jacqueline Chooljian 15 INSURANCE COMPANY, an Illinois corporation and DOES 1 to 25, [CHANGES MADE BY COURT TO 16 inclusive, PARAGRAPHS 5, 10(c), 11(c)] 17 Defendants. 18 Having reviewed the Stipulation and Proposed Protective Order agreed upon 19 between Plaintiffs Carly and Simon Roddy (“Plaintiffs”) and Defendant State Farm 20 General Insurance Company (“State Farm”) (collectively referred to herein as 21 “Parties”) and good cause appearing, the Court hereby accepts and GRANTS the 22 Stipulation and Proposed Protective Order as agreed upon between the Parties and as 23 set forth below: 24 1. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 proprietary or private information for which special protection from public disclosure 27 and from use for any purpose other than pursuing this litigation may be warranted. 28 1 Accordingly, the parties hereby stipulate to and petition the Court to enter the 2 following Stipulated Protective Order. The parties acknowledge that this Order does 3 not confer blanket protections on all disclosures or responses to discovery and that the 4 protection it affords from public disclosure and use extends only to the limited 5 information or items that are entitled to confidential treatment under the applicable 6 legal principles. 7 2. GOOD CAUSE STATEMENT 8 This action is likely to involve trade secrets customer and pricing lists and other 9 valuable research, development, commercial, financial, technical and/or proprietary 10 information for which special protection from public disclosure and from use for any 11 purpose other than prosecution of this action is warranted. Such confidential and 12 proprietary materials and information consist of, among other things, confidential 13 business or financial information, information regarding confidential business 14 practices, or other confidential research, development, or commercial information 15 (including information implicating privacy rights of third parties), information 16 otherwise generally unavailable to the public, or which may be privileged or otherwise 17 protected from disclosure under state or federal statutes, court rules, case decisions, or 18 common law. Accordingly, to expedite the flow of information, to facilitate the prompt 19 resolution of disputes over confidentiality of discovery materials, to adequately protect 20 information the parties are entitled to keep confidential, to ensure that the parties are 21 permitted reasonable necessary uses of such material in preparation for and in the 22 conduct of trial, to address their handling at the end of the litigation, and serve the ends 23 of justice, a protective order for such information is justified in this matter. It is the 24 intent of the parties that information will not be designated as confidential for tactical 25 reasons and that nothing be so designated without a good faith belief that it has been 26 maintained in a confidential, non-public manner, and there is good cause why it should 27 not be part of the public record of this case. 28 /// 1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 2 The parties further acknowledge, as set forth in Section 14.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information under 4 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 5 standards that will be applied when a party seeks permission from the court to file 6 material under seal. There is a strong presumption that the public has a right of access 7 to judicial proceedings and records in civil cases. In connection with non-dispositive 8 motions, good cause must be shown to support a filing under seal. See Kamakana v. 9 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 10 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 11 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 12 require good cause showing), and a specific showing of good cause or compelling 13 reasons with proper evidentiary support and legal justification, must be made with 14 respect to Protected Material that a party seeks to file under seal. The parties’ mere 15 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 16 without the submission of competent evidence by declaration, establishing that the 17 material sought to be filed under seal qualifies as confidential, privileged, or otherwise 18 protectable—constitute good cause. 19 Further, if a party requests sealing related to a dispositive motion or trial, then 20 compelling reasons, not only good cause, for the sealing must be shown, and the relief 21 sought shall be narrowly tailored to serve the specific interest to be protected. See 22 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 23 or type of information, document, or thing sought to be filed or introduced under seal, 24 the party seeking protection must articulate compelling reasons, supported by specific 25 facts and legal justification, for the requested sealing order. Again, competent evidence 26 supporting the application to file documents under seal must be provided by 27 declaration. 28 /// 1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document, shall 5 be filed. Any application that seeks to file documents under seal in their entirety should 6 include an explanation of why redaction is not feasible. 7 4. DEFINITIONS 8 4.1 Action: This pending federal lawsuit. 9 4.2 Challenging Party: a Party or Non-Party that challenges the 10 designation of information or items under this Order. 11 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 14 Statement. 15 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 16 support staff). 17 4.5 Designating Party: a Party or Non-Party that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 4.6 Disclosure or Discovery Material: all items or information, regardless of 21 the medium or manner in which it is generated, stored, or maintained (including, 22 among other things, testimony, transcripts, and tangible things), that are produced or 23 generated in disclosures or responses to discovery. 24 4.7 Expert: a person with specialized knowledge or experience in a matter 25 pertinent to the litigation who has been retained by a Party or its counsel to serve as 26 an expert witness or as a consultant in this Action. 27 /// 28 /// 1 4.8 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 3 counsel. 4 4.9 Non-Party: any natural person, partnership, corporation, association or 5 other legal entity not named as a Party to this action. 6 4.10 Outside Counsel of Record: attorneys who are not employees of a party 7 to this Action but are retained to represent a party to this Action and have appeared in 8 this Action on behalf of that party or are affiliated with a law firm that has appeared 9 on behalf of that party, and includes support staff. 10 4.11 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 4.13 Professional Vendors: persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 18 their employees and subcontractors. 19 4.14 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 4.15 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 5. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected 25 Material (as defined above), but also (1) any information copied or extracted from 26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 27 Material; and (3) any testimony, conversations, or presentations by Parties or their 28 /// 1 Counsel that might reveal Protected Material other than during a court hearing or at 2 trial. 3 Any use of Protected Material during a court hearing or at trial shall be governed 4 by the orders of the presiding judge. This Order does not govern the use of Protected 5 Material during a court hearing or at trial. 6 6. DURATION 7 Once a case proceeds to trial, information that was designated as 8 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 9 as an exhibit at trial becomes public and will be presumptively available to all 10 members of the public, including the press, unless compelling reasons supported by 11 specific factual findings to proceed otherwise are made to the trial judge in advance of 12 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing 13 for sealing documents produced in discovery from “compelling reasons” standard 14 when merits-related documents are part of court record). Accordingly, the terms of 15 this protective order do not extend beyond the commencement of the trial. 16 7. DESIGNATING PROTECTED MATERIAL 17 7.1 Exercise of Restraint and Care in Designating Material for 18 Protection. Each Party or Non-Party that designates information or items 19 for protection under this Order must take care to limit any such designation to specific 20 material that qualifies under the appropriate standards. The Designating Party must 21 designate for protection only those parts of material, documents, items or oral or 22 written communications that qualify so that other portions of the material, documents, 23 items or communications for which protection is not warranted are not swept 24 unjustifiably within the ambit of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper purpose 27 (e.g., to unnecessarily encumber the case development process or to impose 28 /// 1 unnecessary expenses and burdens on other parties) may expose the Designating Party 2 to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 7.2 Manner and Timing of Designations. Except as otherwise provided in this 7 Order, (see e.g., second paragraph of 7.2(a) below) or as otherwise stipulated or 8 ordered, Disclosure of Discovery Material that qualifies for protection under this Order 9 must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix at a minimum, the legend 14 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 15 contains protected material. If only a portion of the material on a page qualifies for 16 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 17 by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and before 21 the designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 23 copied and produced, the Producing Party must determine which documents, or 24 portions thereof, qualify for protection under this Order. Then, before producing the 25 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 26 to each page that contains Protected Material. If only a portion of the material on a 27 page qualifies for protection, the Producing Party also must clearly identify the 28 protected portion(s) (e.g., by making appropriate markings in the margins). 1 (b) for testimony given in depositions that the Designating Party 2 identifies the Disclosure or Discovery Material on the record, before the close of the 3 deposition all protected testimony. 4 (c) for information produced in some form other than documentary and 5 for any other tangible items, that the Producing Party affix in a prominent place on the 6 exterior of the container or containers in which the information is stored the legend 7 “CONFIDENTIAL.” If only a portion or portions of the information warrants 8 protection, the Producing Party, to the extent practicable, shall identify the protected 9 portion(s). 10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive the 12 Designating Party’s right to secure protection under this Order for such material. Upon 13 timely correction of a designation, the Receiving Party must make reasonable efforts 14 to assure that the material is treated in accordance with the provisions of this Order. 15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s Scheduling 18 Order. 19 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37-1 et seq. 21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 22 stipulation pursuant to Local Rule 37-2. 23 8.4 The burden of persuasion in any such challenge proceeding shall be on 24 the Designating Party. Frivolous challenges, and those made for an improper purpose 25 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 26 expose the Challenging Party to sanctions. Unless the Designating Party has waived 27 or withdrawn the confidentiality designation, all parties shall continue to afford the 28 /// 1 material in question the level of protection to which it is entitled under the Producing 2 Party’s designation until the Court rules on the challenge. 3 9. ACCESS TO AND USE OF PROTECTED MATERIAL 4 9.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a Receiving 9 Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 14 otherwise ordered by the court or permitted in writing by the Designating Party, a 15 Receiving Party may disclose any information or item designated 16 “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 18 well as employees of said Outside Counsel of Record to whom it is reasonably 19 necessary to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of 21 the Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 /// 28 /// 1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 11 by the Designating Party or ordered by the court. Pages of transcribed deposition 12 testimony or exhibits to depositions that reveal Protected Material may be separately 13 bound by the court reporter and may not be disclosed to anyone except as permitted 14 under this Stipulated Protective Order; and 15 (i) any mediators or settlement officers and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification 23 shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order 25 to issue in the other litigation that some or all of the material covered by the subpoena 26 or order is subject to this Protective Order. Such notification shall include a copy of 27 this Stipulated Protective Order; and 28 /// 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. If the 3 Designating Party timely seeks a protective order, the Party served with the subpoena 4 or court order shall not produce any information designated in this action as 5 “CONFIDENTIAL” before a determination by the court from which the subpoena or 6 order issued, unless the Party has obtained the Designating Party’s permission or 7 unless otherwise required by the law or court order. The Designating Party shall bear 8 the burden and expense of seeking protection in that court of its confidential material 9 and nothing in these provisions should be construed as authorizing or encouraging a 10 Receiving Party in this Action to disobey a lawful directive from another court. 11 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 12 BE PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the remedies 16 and relief provided by this Order. Nothing in these provisions should be construed as 17 prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a confidentiality agreement 24 with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 /// 1 (3) make the information requested available for inspection by the Non- 2 Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 7 produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the court 9 unless otherwise required by the law or court order. Absent a court order to the 10 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 11 court of its Protected Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 18 persons to whom unauthorized disclosures were made of all the terms of this Order, 19 and (d) request such person or persons to execute the “Acknowledgment an Agreement 20 to Be Bound” attached hereto as Exhibit A. 21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 22 OTHERWISE PROTECTED MATERIAL 23 When a Producing Party gives notice to Receiving Parties that certain inadvertently 24 produced material is subject to a claim of privilege or other protection, the obligations 25 of the Receiving Parties are those set forth in Federal Rule of Civil\ Procedure 26 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 27 established in an e-discovery order that provides for production without prior privilege 28 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties 1 reach an agreement on the effect of disclosure of a communication or information 2 covered by the attorney-client privilege or work product protection, the parties may 3 incorporate their agreement in the stipulated protective order submitted to the court. 4 14. MISCELLANEOUS 5 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 14.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 14.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the specific 15 Protected Material. If a Party’s request to file Protected Material under seal is denied 16 by the court, then the Receiving Party may file the information in the public record 17 unless otherwise instructed by the court. 18 15. FINAL DISPOSITION 19 A. After the final disposition of this Action, as defined in paragraph 6, within 20 60 days of a written request by the Designating Party, each Receiving Party must return 21 all Protected Material to the Producing Party or destroy such material. As used in this 22 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected 24 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 25 must submit a written certification to the Producing Party (and, if not the same person 26 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 27 category, where appropriate) all the Protected Material that was returned or destroyed 28 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 1 compilations, summaries or any other format reproducing or capturing any of the 2 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 3 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 4 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 5 attorney work product, and consultant and expert work product, even if such materials 6 contain Protected Material. Any such archival copies that contain or constitute 7 Protected Material remain subject to this Protective Order as set forth in Section 6 8 (DURATION). 9 B. Nothing in this Order disallows State Farm from: 10 a. complying with any state or federal law or regulation, including 11 reporting of information to a regulatory or government entity as permitted and/or 12 required by applicable state and federal law; 13 b. adding information discovered that is relevant to a claim to the relevant 14 electronic record in its electronic claim system; 15 c. disclosing evidence of a crime or fraud; retaining information 16 necessary to meet mandated retention requirements; or, 17 d. retaining copies of Protected Material that may exist on back-up media 18 or other computer or archive storage not regularly accessed by business users in the 19 ordinary course provided that should a copy of the Confidential Information be 20 accessed it will not be used for a purpose inconsistent with this Order. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 16. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 without limitation, contempt proceedings and/or monetary sanctions. 4 5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED. 6 7 DATED: February 23, 2024 8 9 _____________/s/____________________ 10 Honorable Jacqueline Choolian UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 5 perjury that I have read in its entirety, understand and am fully familiar with the terms 6 of the Stipulated Protective Order issued on February 23, 2024 in Carly Roddy et al. 7 v. State Farm General Insurance Company et al., United States District Court, Central 8 District of California, Case No. 2:23-cv-09248 SVW(JCx), and agree to comply with 9 and be bound by the terms and conditions of said Order unless and until modified by 10 further Order of this Court. 11 I understand that Confidential Information, as defined in the Stipulated 12 Protective Order, including any notes or other records that may be made regarding any 13 such materials, shall not be disclosed to anyone except as expressly permitted by this 14 Stipulated Protective Order. I understand and acknowledge that failure to so comply 15 could expose me to sanctions and punishment in the nature of contempt. I solemnly 16 promise that I will not disclose in any manner any information or item that is subject 17 to this Order to any person or entity except in strict compliance with the provisions of 18 this Order. I will not copy or use, except solely for the purposes of this Proceeding, any 19 Confidential Information obtained pursuant to this Stipulated Protective Order, except 20 as provided therein or otherwise ordered by the Court in the proceeding. 21 I further understand that I am to retain all copies of all Confidential Information 22 and/or Trade Secret Information provided to me in the proceeding in a secure manner, 23 and that all copies of such Confidential Information and/or Trade Secret Information 24 are to remain in my personal custody until termination of my participation in this 25 proceeding, whereupon the copies of such Confidential Information and/or Trade 26 Secret Information will be returned to counsel who provided me with such Confidential 27 Information and/or Trade Secret Information. 28 /// 1 I further consent to the jurisdiction of this Court for purposes of enforcing this 2 Order, even if such enforcement proceedings occur after termination of this action. I 3 hereby appoint [print or type full name] of 4 [print or type full address and telephone number] as 5 my California agent for service of process in connection with this action or any 6 proceedings related to enforcement of this Order. 7 Executed this day of _________, 20__, at , 8 . 9 Dated: By: 10 Signature: 11 Title: 12 Address: 13 City, State, Zip 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28