Ivannia Lara v. American Medical Systems, Inc. ( 2020 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 IVANNIA LARA, Case No. 2:19-cv-09981-JAK-AFM 12 Plaintiff, DISCOVERY MATTER 13 vs. 14 AMERICAN MEDICAL SYSTEMS, AMENDED [PROPOSED] INC.; AMERICAN MEDICAL CONFIDENTIALITY AND 15 SYSTEMS, LLC, individually and f/k/a PROTECTIVE ORDER AMERICAN MEDICAL SYSTEMS, 16 INC.; AMERICAN MEDICAL SYSTEMS HOLDINGS, INC.; 17 ASTORA WOMEN'S HEALTH, INC.; ASTORA WOMEN'S HEALTH LLC; 18 ASTORA WOMEN'S HEALTH HOLDINGS, LLC; ASTORA 19 HOLDINGS, LLC; ENDO PHARMACEUTICALS, INC.; ENDO 20 PHARMACEUTICALS HOLDINGS, INC.; ENDO HEALTH SOLUTIONS, 21 INC.; and DOES 1-10, inclusive, 22 Defendants. 23 24 25 26 27 1 WHEREAS, Plaintiff Ivannia Lara (“Plaintiff”), and Defendants American 2 Medical Systems, LLC; Astora Women’s Health, LLC; Astora Holdings LLC; Endo 3 Health Solutions, Inc.; and Endo Pharmaceuticals, Inc. (“Defendants”) (collectively, 4 “the parties”), jointly believe that entry of a protective order pursuant to Federal Rule 5 of Civil Procedure 26(c) should be applied to this matter; 6 WHEREAS, a protective order will expedite the flow of discovery material, 7 facilitate the prompt resolution of disputes over confidentiality, and adequately protect 8 confidential material; 9 NOW, THEREFORE, having found good cause, it is hereby ORDERED 10 THAT: 11 I. Scope of Order 12 Disclosure and discovery in this proceeding may involve production of 13 information and/or materials which are claimed to include confidential, proprietary, and 14 private information for which special protection from public disclosure and from any 15 purpose other than prosecuting this litigation may be warranted. Accordingly, the 16 parties hereby stipulate to and petition the court to enter their Stipulated Confidentiality 17 and Protective Order (the “Order”) in this matter. This Order applies equally to 18 CONFIDENTIAL and HIGHLY CONFIDENTIAL material (as defined below) 19 produced/provided and designated as such in this action, as well as in conjunction with 20 In Re: American Medical Systems, Inc. Pelvic Repair System Products Liability 21 Litigation, MDL No. 2325, pending in the United States District Court for the Southern 22 District of West Virginia, Charleston Division. 23 Any use of CONFIDENTIAL or HIGHLY CONFIDENTIAL material at trial 24 shall be governed by the orders of the trial judge. This Order does not govern the use of 25 CONFIDENTIAL or HIGHLY CONFIDENTIAL material at trial. 26 Once a case proceeds to trial, information that was designated as 27 CONFIDENTIAL or HIGHLY CONFIDENTIAL or maintained pursuant to this protective order, that is used or introduced as an exhibit at trial becomes public and will 1 be presumptively available to all members of the public, including the press, unless 2 compelling reasons supported by specific factual findings to proceed otherwise are 3 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 4 (distinguishing “good cause” showing for sealing documents produced in discovery 5 from “compelling reasons” standard when merits-related documents are part of court 6 record). Accordingly, the terms of this protective order do not extend beyond the 7 commencement of the trial. 8 II. Good Cause Statement 9 This action is likely to involve trade secrets, commercial, financial, and/or 10 proprietary information for which special protection from public disclosure and from 11 use for any purpose other than prosecution of this action is warranted. Such confidential 12 and proprietary materials and information consist of, among other things, confidential 13 business or financial information, information regarding confidential business practices, 14 or other confidential research, development, or commercial information (including 15 information implicating privacy rights of third parties), information otherwise generally 16 unavailable to the public, or which may be privileged or otherwise protected from 17 disclosure under state or federal statutes, court rules, case decisions, or common law. 18 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 19 disputes over confidentiality of discovery materials, to adequately protect information 20 the parties are entitled to keep confidential, to ensure that the parties are permitted 21 reasonable necessary uses of such material in preparation for and in the conduct of trial, 22 to address their handling at the end of the litigation, and serve the ends of justice, a 23 protective order for such information is justified in this matter. It is the intent of the 24 parties that information will not be designated as confidential for tactical reasons and 25 that nothing be so designated without a good faith belief that it has been maintained in 26 a confidential, non-public manner, and there is good cause why it should not be part of 27 the public record of this case. 1 III. Acknowledgment of Procedure for Filing Under Seal 2 The parties acknowledge that this Order does not entitle them to file 3 CONFIDENTIAL or HIGHLY CONFIDENTIAL material under seal. 4 CONFIDENTIALor HIGHLY CONFIDENTIAL material may only be filed under seal 5 pursuant to a court order authorizing the sealing of the specific CONFIDENTIAL or 6 HIGHLY CONFIDENTIAL material at issue. Local Civil Rule 79-5 sets forth the 7 procedures that must be followed and the standards that will be applied when a party 8 seeks permission from the court to file material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, 11 good cause must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 14 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 15 cause showing). A specific showing of good cause or compelling reasons with proper 16 evidentiary support and legal justification, must be made with respect to 17 CONFIDENTIAL or HIGHLY CONFIDENTIAL material that a party seeks to file 18 under seal. The parties’ mere designation of Disclosure or Discovery Material as 19 CONFIDENTIALor HIGHLY CONFIDENTIALdoes not—without the submission of 20 competent evidence by declaration, establishing that the material sought to be filed 21 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 22 good cause. Likewise, the fact that counsel have stipulated to an under-seal filing does 23 not, by itself, constitute good cause. 24 Further, if a party requests sealing related to a dispositive motion or trial, then 25 compelling reasons, not only good cause, for the sealing must be shown, and the relief 26 sought shall be narrowly tailored to serve the specific interest to be protected. See 27 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under seal 1 in connection with a dispositive motion or trial, the party seeking protection must 2 articulate compelling reasons, supported by specific facts and legal justification, for the 3 requested sealing order. Again, competent evidence supporting the application to file 4 documents under seal must be provided by declaration. 5 The party requesting sealingof declarations with exhibitsmust make the requisite 6 showing of good cause or compelling reasons on an exhibit-by-exhibit basis. For 7 motions, the party shall publicly file a redacted version of the motion and supporting 8 papers. The application to seal shall be provided to the judge to whom the papers are 9 directed. 10 Any document that is not confidential, privileged, or otherwise protectable in its 11 entirety will not be filed under seal if the confidential portions can be redacted. If 12 documents can be redacted, then a redacted version for public viewing, omitting only 13 the confidential, privileged, or otherwise protectable portions of the document, shall 14 be filed. Any application that seeks to file documents under seal in their entirety 15 should include an explanation of why redaction is not feasible. If a Party’s request to 16 file CONFIDENTIAL or HIGHLY CONFIDENTIAL under seal is denied by the 17 court, then the Receiving Party may file the information in the public record unless 18 otherwise instructed by the court.IV. The Order 19 A. Stipulation 20 1. By stipulating to the Order, the parties have agreed to be bound by its terms 21 and to request its entry by the Court. 22 B. Discovery Phase 23 1. For purposes of this Order, the following definitions shall apply: (a) the 24 term “document” and “electronically stored information” shall have the full meanings 25 ascribed to each by the Federal Rules of Civil Procedure and the United States District 26 Court for the Central District of California Local Rules, and relevant case law; and (b) 27 the term “producing party” shall be defined as any party or non-party who is required to produce or provide materials or testimony containing confidential information. 1 2. A producing party may designate as “CONFIDENTIAL” any material the 2 producing party believes in good faith constitutes or discloses information that qualifies 3 for protection, including but not limited to, deposition and trial testimony/transcripts 4 and exhibits thereto, and specifically information that is trade secret or other 5 confidential research, development, or commercial information, and materials that are 6 deemed confidential under Federal Drug Administration (“FDA”) regulations and 7 Health Insurance Portability and Accountability Act (“HIPAA”) statutes and/or 8 regulations. 9 3. Confidential information may be further designated as “HIGHLY 10 CONFIDENTIAL” if a Defendant produces materials, including but not limited to, 11 deposition and trial testimony/transcripts and exhibits thereto, that it believes in good 12 faith would, if disclosed, cause substantial economic harm to the competitive position 13 of the entity from which the information was obtained because it is HIGHLY 14 CONFIDENTIAL research and development material on a new product that has not 15 been approved or cleared by the FDA or a similar regulatory body or reflects a party’s 16 price competitiveness in the market or marketing business strategies of a party 17 concerning a current or new product. Counsel will inform the producing party of its 18 intent to disclose such information to any individual who is currently, or who at any 19 time during the pendency of this litigation becomes, a consultant to a competitor of the 20 producing party in the pelvic organ mesh business, or is a consultant to an entity actively 21 investigating entering such business, and thereafter will follow the procedures for 22 disclosure of such materials to such individual as provided in Paragraph IV.B.8 of this 23 Order. 24 4. Challenges to Designations or Redacted Information: Any party may at 25 any time that is consistent with the District Judge’s scheduling orders challenge the 26 redaction or the designation of information as CONFIDENTIAL or HIGHLY 27 CONFIDENTIAL by providing written notice of its objection to the designating party, or, in the case of a deposition, either on the record at a deposition or in writing later. 1 Thereafter, counsel for the objecting party must arrange for a meet and confer 2 conference consistent with Local Rule 37-1. If, after the meet-and-confer process 3 required by Local Rule 37-1, the parties cannot reach an agreement, the party claiming 4 the designation of confidentiality or redaction may, on reasonable notice, apply for an 5 appropriate ruling from the Court by following Local Rule 37-2 procedure for Moving 6 Papers, including the filing of a Joint Stipulation, and noticing the hearing of the motion 7 in accordance with Local Rule 37-3. 8 5. No person or party subject to this Order shall distribute, transmit, or 9 otherwise divulge any material marked CONFIDENTIAL or HIGHLY 10 CONFIDENTIAL, except in accordance with this Order. 11 6. Use of Confidential Material Limited to this Action: Any document or 12 other material which is marked CONFIDENTIAL or HIGHLY CONFIDENTIAL, 13 or the contents thereof, may be used by a party, or a party’s attorney (inside counsel or 14 outside counsel), expert witness, consultant, or other person to whom disclosure is 15 made, only for the purpose of this action. Nothing contained in this Order shall prevent 16 the use of any document or the contents thereof, at any deposition taken in this action. 17 If a party intends to use material that has been marked as HIGHLY CONFIDENTIAL 18 at the deposition of an employee or former employee of a non-producing party in this 19 litigation, then the party shall notify the producing party ten (10) days in advance of the 20 deposition that it intends to use that category of material. If the parties cannot agree on 21 parameters for usage of the material at the deposition, then the producing party will seek 22 the direction of the Court as to the utilization of that category of material in the 23 deposition. 24 7. Access to Confidential Material: If a party or attorney wishes to disclose 25 any document or other material which is marked CONFIDENTIAL or HIGHLY 26 CONFIDENTIAL, or the contents thereof, to any person actively, or retained to, work 27 on this action (e.g., expert witness, consultant), the person making the disclosure shall do the following: 1 (a) Provide a copy of this Order to the person to whom disclosure is made; 2 (b) Inform the person to whom disclosure is made that s/he is bound by this 3 Order; 4 (c) Require the person to whom disclosure is made to sign an acknowledgment 5 and receipt of this Order; 6 (d) Instruct the person to whom disclosure is made to return or, in the 7 alternative and with permission of the producing party, at the conclusion 8 of the case to destroy any document or other material which is marked 9 CONFIDENTIAL or HIGHLY CONFIDENTIAL, including notes or 10 memoranda made from CONFIDENTIAL or HIGHLY 11 CONFIDENTIAL material; 12 (e) Maintain a list of persons to whom disclosure was made and the 13 CONFIDENTIAL or HIGHLY CONFIDENTIAL materials which 14 were disclosed to that person; 15 (f) At the conclusion of this action, gather the CONFIDENTIAL or 16 HIGHLY CONFIDENTIAL materials, copies thereof, and related notes 17 and memoranda, and return them to the party or attorney who originally 18 disclosed them, or destroy them, providing a certificate ofcompliance with 19 the terms of this Protective Order. If counsel for one party have created 20 work product incorporating, describing or referring to another party’s 21 confidential or highly confidential documents, counsel who have created 22 the work product mustcollect all copies from experts and other consultants 23 and must return or destroy all copies of confidential or highly confidential 24 documents attached to the work product. However, the counsel that created 25 the work product may retain the work product itself once all copies are 26 collected and all copies of confidential or highly confidential documents 27 are returned or destroyed. No work product incorporating, describing or referring to another party’s confidential or highly confidential documents 1 may be disseminated to any person or used for any purpose once the 2 litigation is concluded.; and 3 (g) With respect to access or use of HIGHLY CONFIDENTIAL documents 4 by in-house counsel, only “Designated In-House Counsel” of Defendants 5 may have access to information designated as HIGHLY 6 CONFIDENTIAL by another producing party. “Designated In-House 7 Counsel” shall mean: (1) an in-house attorney; and (2) one paralegal and/or 8 clerical employee for each such Designated In-House Counsel to provide 9 administrative support. Each Designated In-House Counsel shall complete 10 and sign a copy of the Undertaking in Exhibit A, and each such completed, 11 signed form shall be transmitted by e-mail to counsel for the other parties 12 before disclosure of any such other party’s CONFIDENTIAL or 13 HIGHLY CONFIDENTIAL information to the Designated In-House 14 Counsel. 15 8. Disclosure Requirements for HIGHLYCONFIDENTIALinformation to 16 Competitor Related Consultants: Prior to disclosure, plaintiff(s) will inform the 17 producing party of its intent to disclose HIGHLY CONFIDENTIAL material to 18 anyone who is currently, or who at any time during the pendency of this litigation 19 becomes, a consultant to a competitor (as such individuals are defined in Paragraph 20 IV.B.3 above) in the manner set forth below: 21 (a) Give at least ten (10) day notice in writing to counsel for the party who 22 designated such information as HIGHLY CONFIDENTIALof the intent 23 to so disclose that information, although the disclosing party is not required 24 to identify the intended recipient of such materials. 25 (b) Within ten (10) days thereafter, counsel for the parties shall attempt to 26 resolve any disputes between them regarding the production of the 27 HIGHLY CONFIDENTIAL material to the intended individuals, in accordance with Local Rule 37-1. 1 (c) If the parties are unable to resolve any dispute regarding such production, 2 within an additional seven (7) days, the party who designated the 3 information in question as HIGHLY CONFIDENTIAL shall file a 4 motion objecting to the proposed disclosure by following Local Rule 37-2 5 procedure for Moving Papers, including the filing of a Joint Stipulation, 6 and noticing the hearing of the motion in accordance with Local Rule 37- 7 3. In making such motion, it shall be the producing party’s burden to 8 demonstrate good cause for preventing the disclosure. 9 (d) If the Court permits disclosure of the material designated as HIGHLY 10 CONFIDENTIAL at issue, the information remains designated as 11 HIGHLY CONFIDENTIAL and the individual receiving such 12 information shall be bound by the requirements of Paragraph IV.B.7. 13 9. Redaction of CONFIDENTIAL Material: The parties recognize that 14 certain FDA, other governmental agencies, and certain relevant statutes require 15 redaction of certain information prior to production of certain information by 16 Defendants and that Defendants will comply with those requirements and redact such 17 information as directed. Producing parties will provide a redaction log identifying the 18 reason for redaction. Any party challenging information that has been redacted may do 19 so in accordance with Paragraph IV.B.4 of this Protective Order, or otherwise in 20 accordance with the Federal Rules of Civil Procedure and the United States District 21 Court for the Central District of California Local Rules and/or Orders of this Court. 22 10. Use of CONFIDENTIAL Material at Depositions: All transcripts and 23 exhibits shall be treated as if designated CONFIDENTIAL for a period of thirty (30) 24 days after the transcript is available from the court reporter. Counsel for any party may 25 designate during the deposition or during the thirty day period after the transcript is 26 available from the court reporter any portion of the transcript as CONFIDENTIAL or 27 HIGHLY CONFIDENTIAL by denominating by page and line, and by designating any exhibits, that are to be considered CONFIDENTIAL or HIGHLY 1 CONFIDENTIALpursuant to the criteria set forth in this Order. Such designation shall 2 be communicated to all parties. Transcript portions and exhibits designated in 3 accordance with this paragraph shall be disclosed only in accordance with this Order. 4 A party may challenge the CONFIDENTIAL or HIGHLY CONFIDENTIAL 5 designation or portions thereof in accordance with the provisions of Paragraph IV.B.4 6 above. 7 11. Inadvertent Failure to Properly Designate CONFIDENTIAL Material: 8 Inadvertent production of any document or information without a designation of 9 CONFIDENTIAL or HIGHLY CONFIDENTIAL will not be deemed to waive a 10 party's claim to its CONFIDENTIAL nature or stop said party from designating said 11 document or information as CONFIDENTIAL or HIGHLY CONFIDENTIAL at a 12 later date. Disclosure of said document or information by another party prior to such 13 later designation shall not be deemed a violation of the provisions of this Order. 14 12. Inadvertent Disclosure of Privileged Documents, “Clawback” Procedure: 15 Inadvertent production of documents or electronically stored information (“ESI”) 16 (collectively “Inadvertently Produced Documents”) subject to work-product or 17 attorney-client privilege, or other legal privilege protecting information from discovery, 18 shall not constitute a waiver of the privilege, provided that the producing party shall 19 notify the receiving party in writing as set forth herein. In the event that a party 20 inadvertently produces documents or ESI subject to a claim of privilege, the producing 21 party shall, within ten (10) days of the discovery of the inadvertent disclosure, notify 22 the other party in writing of the inadvertent disclosure. The producing party may, in the 23 notice, request a “clawback” of the inadvertently disclosed material. The party receiving 24 such clawback notice shall immediately and diligently act to retrieve the Inadvertently 25 Produced Documents, and all copies, including any loaded to databases, and return them 26 to the producing party or destroy them as agreed between the parties. All notes or other 27 work product of the receiving party reflecting the contents of such materials shall be destroyed and not used. 1 If the receiving party elects to file a motion as set forth below, the receiving party, 2 subject to the requirements below, may retain possession of the Inadvertently Produced 3 Documents as well as any notes or other work product of the receiving party reflecting 4 the contents of such materials pending the resolution by the Court of the motion below, 5 but shall segregate and not use them pending resolution of the motion. If the receiving 6 party's motion is denied, the receiving party shall promptly comply with the 7 immediately preceding provisions of this paragraph. No use shall be made of such 8 Inadvertently Produced Documents during depositions or at trial, nor shall they be 9 disclosed to anyone who was not given access to them prior to the request to return or 10 destroy them unless otherwise ordered by the Court. 11 The party receiving such Inadvertently Produced Documents may, after receipt 12 of the producing party's notice of inadvertent production, move the Court to dispute the 13 claim of privilege. 14 13. There is no waiver of privilege or work product protection in this matter 15 or any other matter in any other jurisdiction for any document clawed-back under this 16 clause, or for the subject matter of any such document, whether the privileged document 17 was inadvertently provided following review or as part of a “Quick Peek” production. 18 In the event that any party receives information produced in discovery from any other 19 party that reasonably appears to be Inadvertently Produced Documents, the receiving 20 party shall promptly notify the producing party in writing of the apparent inadvertent 21 production. 22 14. Disclosure/Production of Documents, No Waiver: A party’s disclosure or 23 production of any document or group or category of documents (the “produced 24 documents”) shall not constitute a waiver of any privilege or protection, including but 25 not limited to privilege or work product protection with respect to: (a) any other 26 communications or documents relating or referring to the same or similar subject matter 27 (“subject matter waiver”); and (b) any other communications or documents referring or relating to the parties who sent or received or are named in any such document or 1 documents. A party thus may not challenge another party’s claims of privilege for 2 documents remaining on its privilege logs on grounds of waiver of any privilege or 3 protection. 4 5 C. POST DISCOVERY PHASE 6 1. If any party or attorney wishes to file, or use as an exhibit or as testimonial 7 evidence at a hearing, any CONFIDENTIAL or HIGHLY CONFIDENTIAL 8 material, such party must provide reasonable notice to the producing party of the 9 intended use of such information. The parties shall then attempt to resolve the matter of 10 continued confidentiality by either (a) removing the CONFIDENTIAL or HIGHLY 11 CONFIDENTIAL marking, (b) creating a mutually acceptable redacted version that 12 suffices for purposes of the case, or (c) conferring about methods to avoid or limit public 13 disclosure of such information during testimony. If an amicable resolution proves 14 unsuccessful, the proponent of continued confidentiality may present the issue to the 15 Court for resolution. The proponent of continued confidentiality will have the burden 16 of persuasion that the document or material should be withheld from the public record. 17 2. The use of CONFIDENTIAL or HIGHLY CONFIDENTIAL material 18 at trial is not governed by this Order and shall be governed by orders of the trial judge. 19 3. Survival of Protective Order: Throughout and after the conclusion of this 20 litigation, including any appeals, the restrictions on communication and disclosure 21 provided for herein shall continue to be binding upon the parties and all other persons 22 to whom CONFIDENTIAL and HIGHLY CONFIDENTIAL material has been 23 communicated or disclosed pursuant to the provisions of this Order or any other order 24 of the Court. The aforementioned does not apply to CONFIDENTIAL or HIGHLY 25 CONFIDENTIAL material used or introduced at trial, which is governed by orders of 26 the trial judge. 27 4. Return or Destruction of CONFIDENTIAL Material Upon Termination of Litigation: Within sixty (60) days after the final termination of this action, each party, 1|| upon request of the other party, shall either return to the producing party, or destroy, all 2|| CONFIDENTIAL and HIGHLY CONFIDENTIAL material designated by any other 3|| party pursuant to this Order (including any such material disclosed to third persons), A||except for any attorneys’ work-product for the party returning the material, and shall 5|| provide confirmation in writing to opposing counsel if such materials are destroyed. 6 5. Modification of this Order: Nothing in this Order shall prevent any other 7\| party from seeking amendments broadening or restricting the rights of access to or the 8||use of CONFIDENTIAL and/or HIGHLY CONFIDENTIAL material or otherwise 9|| modifying this Order; and this Order may be amended without leave of the Court by the 10|| agreement of the undersigned attorneys for the parties in the form of a Stipulation that shall be filed in this case. 12 IT IS SO ORDERED on this 13" day of May, 2020. Chhy Mock— ns 15 16 Honorable Alexander F. MacKinnon United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 49 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 _______ in 7 the case of Ivannia Lara. v. American Medical Systems, Inc., et al., United States 8 District Court, Central District of California, Case No. 2:19-cv-09981-JAK-AFM. I 9 agree to comply with and to be bound by all the terms of this Stipulated Confidentially 10 and Protective Order and I understand and acknowledge that failure to so comply could 11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this 13 Stipulated Confidentiality and Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. I further agree to submit to the 15 jurisdiction of the United States District Court for the Central District of California for 16 enforcing the terms of this Stipulated Confidentiality and Protective Order, even if such 17 enforcement proceedings occur after termination of this action. I hereby appoint 18 __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Confidentiality and 22 Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________