Maria Landa v. FCA US LLC ( 2020 )

1 BOWMAN AND BROOKE LLP Richard L. Stuhlbarg (SBN: 180631) 2 Marion V. Mauch (SBN: 253672) Michael Chung (SBN: 243204) 3 970 West 190th Street, Suite 700 Torrance, California 90502 4 Tel No.: 310/ 768-3068 Fax No.: 310/ 719-1019 5 Attorneys for Defendant FCA US LLC 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 10 11 MARIA LANDA, ) CASE NO.: 2:19-cv-09862-PSG (GJSx) ) 12 Plaintiff, ) Assigned to Philip S. Gutierrez 13 ) Magistrate Judge Gail J. Standish 14 vs. ) ) STIPULATED PROTECTIVE ORDER1 15 FCA US LLC, a Delaware Limited ) 16 Liability Company; CHAMPION ) DODGE, LLC, a California Limited ) 17 Liability Company dba CHAMPION ) 18 CHRYSLER JEEP DODGE; and ) DOES 1 through 10, inclusive, ) 19 ) 20 Defendants. ) 21 ) 22 23 24 1. A. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Gail J. Standish’s Procedures. 1 1 proprietary or private information for which special protection from public 2 disclosure and from use for any purpose other than prosecuting this litigation may 3 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 4 enter the following Stipulated Protective Order. The parties acknowledge that this 5 Order does not confer blanket protections on all disclosures or responses to 6 discovery and that the protection it affords from public disclosure and use extends 7 only to the limited information or items that are entitled to confidential treatment 8 under the applicable legal principles. 9 B. GOOD CAUSE STATEMENT 10 This action is likely to involve trade secrets, confidential communications, 11 and other valuable research, development, commercial, technical and/or proprietary 12 information regarding FCA US, LLC’s operations of manufacturing, selling, 13 distributing, and repairing vehicles for which special protection from public 14 disclosure and from use for any purpose other than prosecution of this action as 15 warranted. Such confidential and proprietary materials and information consist of, 16 among other things, confidential business information, confidential business 17 communications, information regarding confidential business practices, or other 18 confidential research, development, commercial, financial, technical and 19 or/proprietary information for which special protection from public disclosure and 20 from use for any purpose other than prosecution of this action is warranted. Such 21 22 confidential and proprietary materials and information consist of, among other 23 things, confidential business practices, or other confidential research, development, 24 or information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, 26 court rules, case decisions, or common law. Accordingly, to expedite the flow of 27 information, to facilitate the prompt resolution of disputes over confidentiality of 28 2 1 discovery materials, to adequately protect information the parties are entitled to 2 keep confidential, to ensure that the parties are permitted reasonable necessary uses 3 of such material in preparation for an in the conduct of trial, to address their 4 handling at the end of the litigation, and serve the ends of justice, a protective order 5 for such information is justified in this matter. It is the intent of the parties that 6 information will not be designated as confidential for tactical reasons and that 7 nothing be so designated without good faith belief that it has been maintained in a 8 confidential, non-public manner, and there is good cause why it should not be part 9 of the public record of this case. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that 13 this Stipulated Protective Order does not entitle them to file confidential 14 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 15 be followed and the standards that will be applied when a party seeks permission 16 from the court to file material under seal. 17 There is a strong presumption that the public has a right of access to judicial 18 proceedings and records in civil cases. In connection with non-dispositive 19 motions, good cause must be shown to support a filing under seal. See Kamakana 20 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 21 22 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 23 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 24 protective orders require good cause showing), and a specific showing of good 25 cause or compelling reasons with proper evidentiary support and legal justification, 26 must be made with respect to Protected Material that a party seeks to file under 27 seal. The parties’ mere designation of Disclosure or Discovery Material as 28 3 1 CONFIDENTIAL does not—without the submission of competent evidence by 2 declaration, establishing that the material sought to be filed under seal qualifies as 3 confidential, privileged, or otherwise protectable—constitute good cause. 4 Further, if a party requests sealing related to a dispositive motion or trial, 5 then compelling reasons, not only good cause, for the sealing must be shown, and 6 the relief sought shall be narrowly tailored to serve the specific interest to be 7 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 8 2010). For each item or type of information, document, or thing sought to be filed 9 or introduced under seal in connection with a dispositive motion or trial, the party 10 seeking protection must articulate compelling reasons, supported by specific facts 11 and legal justification, for the requested sealing order. Again, competent evidence 12 supporting the application to file documents under seal must be provided by 13 declaration. 14 Any document that is not confidential, privileged, or otherwise protectable 15 in its entirety will not be filed under seal if the confidential portions can be 16 redacted. If documents can be redacted, then a redacted version for public 17 viewing, omitting only the confidential, privileged, or otherwise protectable 18 portions of the document, shall be filed. Any application that seeks to file 19 documents under seal in their entirety should include an explanation of why 20 redaction is not feasible. 21 22 2. DEFINITIONS 23 2.1 Action: Maria Landa, et al. v. FCA US, LLC, et al., Case No.: 2:19- 24 cv-09862-PSG (GJSx). 25 2.2 Challenging Party: a Party or Non-Party that challenges the 26 designation of information or items under this Order. 27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 28 4 1 how it is generated, stored or maintained) or tangible things that qualify for 2 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 3 the Good Cause Statement. 4 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 5 their support staff). 6 2.5 Designating Party: a Party or Non-Party that designates information 7 or items that it produces in disclosures or in responses to discovery as 8 “CONFIDENTIAL.” 9 2.6 Disclosure or Discovery Material: all items or information, regardless 10 of the medium or manner in which it is generated, stored, or maintained (including, 11 among other things, testimony, transcripts, and tangible things), that are produced 12 or generated in disclosures or responses to discovery in this matter. 13 2.7 Expert: a person with specialized knowledge or experience in a 14 matter pertinent to the litigation who has been retained by a Party or its counsel to 15 serve as an expert witness or as a consultant in this Action. 16 2.8 House Counsel: attorneys who are employees of a party to this 17 Action. House Counsel does not include Outside Counsel of Record or any other 18 outside counsel. 19 2.9 Non-Party: any natural person, partnership, corporation, association 20 or other legal entity not named as a Party to this action. 21 22 2.10 Outside Counsel of Record: attorneys who are not employees of a 23 party to this Action but are retained to represent or advise a party to this Action and 24 have appeared in this Action on behalf of that party or are affiliated with a law firm 25 that has appeared on behalf of that party, and includes support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 5 1 support staffs). 2 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 2.13 Professional Vendors: persons or entities that provide litigation 5 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) 7 and their employees and subcontractors. 8 2.14 Protected Material: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL.” 10 2.15 Receiving Party: a Party that receives Disclosure or Discovery 11 Material from a Producing Party. 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Counsel that might reveal Protected Material. 18 Any use of Protected Material at trial shall be governed by the orders of the 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 4. DURATION 21 FINAL DISPOSITION of the action is defined as the conclusion of any 22 appellate proceedings, or, if no appeal is taken, when the time for filing of an 23 appeal has run. Except as set forth below, the terms of this protective order apply 24 through FINAL DISPOSITION of the action. The parties may stipulate that the 25 they will be contractually bound by the terms of this agreement beyond FINAL 26 DISPOSITION, but will have to file a separate action for enforcement of the 27 agreement once all proceedings in this case are complete. 28 6 1 Once a case proceeds to trial, information that was designated as 2 CONFIDENTIAL or maintained pursuant to this protective order used or 3 introduced as an exhibit at trial becomes public and will be presumptively available 4 to all members of the public, including the press, unless compelling reasons 5 supported by specific factual findings to proceed otherwise are made to the trial 6 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 7 “good cause” showing for sealing documents produced in discovery from 8 “compelling reasons” standard when merits-related documents are part of court 9 record). Accordingly, for such materials, the terms of this protective order do not 10 extend beyond the commencement of the trial. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate 16 for protection only those parts of material, documents, items or oral or written 17 communications that qualify so that other portions of the material, documents, 18 items or communications for which protection is not warranted are not swept 19 unjustifiably within the ambit of this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to 24 impose unnecessary expenses and burdens on other parties) may expose the 25 Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 28 7 1 promptly notify all other Parties that it is withdrawing the inapplicable designation. 2 5.2 Manner and Timing of Designations. Except as otherwise provided in 3 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 5 under this Order must be clearly so designated before the material is disclosed or 6 produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions or other pretrial or trial 10 proceedings), that the Producing Party affix at a minimum, the legend 11 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 12 contains protected material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents it wants copied and produced, the Producing Party must determine 21 22 which documents, or portions thereof, qualify for protection under this Order. 23 Then, before producing the specified documents, the Producing Party must affix 24 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 25 only a portion of the material on a page qualifies for protection, the Producing 26 Party also must clearly identify the protected portion(s) (e.g., by making 27 appropriate markings in the margins). 28 8 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 3 the 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 6 the exterior of the container or containers in which the information is stored the 7 legend “CONFIDENTIAL.” If only a portion or portions of the information 8 warrants protection, the Producing Party, to the extent practicable, shall identify 9 the protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive 12 the Designating Party’s right to secure protection under this Order for such 13 material. Upon timely correction of a designation, the Receiving Party must make 14 reasonable efforts to assure that the material is treated in accordance with the 15 provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 22 resolution process under Local Rule 37.1 et seq. 23 6.3 The burden of persuasion in any such challenge proceeding shall be 24 on the Designating Party. Frivolous challenges, and those made for an improper 25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 26 parties) may expose the Challenging Party to sanctions. Unless the Designating 27 Party has waived or withdrawn the confidentiality designation, all parties shall 28 9 1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that 6 is disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under 9 the conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 20 well as employees of said Outside Counsel of Record to whom it is reasonably 21 22 necessary to disclose the information for this Action; 23 (b) the officers, directors, and employees (including House Counsel) of 24 the Receiving Party to whom disclosure is reasonably necessary for this Action; 25 (c) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 10 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in 9 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 10 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 11 they will not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone 16 except as permitted under this Stipulated Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 20 IN OTHER LITIGATION 21 22 If a Party is served with a subpoena or a court order issued in other litigation 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or 28 11 1 order to issue in the other litigation that some or all of the material covered by the 2 subpoena or order is subject to this Protective Order. Such notification shall 3 include a copy of this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served 7 with the subpoena or court order shall not produce any information designated in 8 this action as “CONFIDENTIAL” before a determination by the court from which 9 the subpoena or order issued, unless the Party has obtained the Designating Party’s 10 permission. The Designating Party shall bear the burden and expense of seeking 11 protection in that court of its confidential material and nothing in these provisions 12 should be construed as authorizing or encouraging a Receiving Party in this Action 13 to disobey a lawful directive from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should be 20 construed as prohibiting a Non-Party from seeking additional protections. 21 22 (b) In the event that a Party is required, by a valid discovery request, to 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non- 27 Party that some or all of the information requested is subject to a confidentiality 28 12 1 agreement with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 specific description of the information requested; and 5 (3) make the information requested available for inspection by the 6 Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court within 8 14 days of receiving the notice and accompanying information, the Receiving Party 9 may produce the Non-Party’s confidential information responsive to the discovery 10 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 11 not produce any information in its possession or control that is subject to the 12 confidentiality agreement with the Non-Party before a determination by the court. 13 Absent a court order to the contrary, the Non-Party shall bear the burden and 14 expense of seeking protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has 17 disclosed Protected Material to any person or in any circumstance not authorized 18 under this Stipulated Protective Order, the Receiving Party must immediately (a) 19 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 20 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 21 22 the person or persons to whom unauthorized disclosures were made of all the terms 23 of this Order, and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 25 A. 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 13 1 When a Producing Party gives notice to Receiving Parties that certain 2 inadvertently produced material is subject to a claim of privilege or other 3 protection, the obligations of the Receiving Parties are those set forth in Federal 4 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 5 whatever procedure may be established in an e-discovery order that provides for 6 production without prior privilege review. Pursuant to Federal Rule of Evidence 7 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 8 of a communication or information covered by the attorney-client privilege or 9 work product protection, the parties may incorporate their agreement in the 10 stipulated protective order submitted to the court. 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of 13 any person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in 17 this Stipulated Protective Order. Similarly, no Party waives any right to object on 18 any ground to use in evidence of any of the material covered by this Protective 19 Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 22 Protected Material must comply with Local Civil Rule 79-5. Protected Material 23 may only be filed under seal pursuant to a court order authorizing the sealing of the 24 specific Protected Material at issue. If a Party’s request to file Protected Material 25 under seal is denied by the court, then the Receiving Party may file the information 26 in the public record unless otherwise instructed by the court. 27 13. FINAL DISPOSITION 28 14 1 After the final disposition of this Action, as defined in paragraph 4, within 2 60 days of a written request by the Designating Party, each Receiving Party must 3 return all Protected Material to the Producing Party or destroy such material. As 4 used in this subdivision, “all Protected Material” includes all copies, abstracts, 5 compilations, summaries, and any other format reproducing or capturing any of the 6 Protected Material. Whether the Protected Material is returned or destroyed, the 7 Receiving Party must submit a written certification to the Producing Party (and, if 8 not the same person or entity, to the Designating Party) by the 60 day deadline that 9 (1) identifies (by category, where appropriate) all the Protected Material that was 10 returned or destroyed and (2) affirms that the Receiving Party has not retained any 11 copies, abstracts, compilations, summaries or any other format reproducing or 12 capturing any of the Protected Material. Notwithstanding this provision, Counsel 13 are entitled to retain an archival copy of all pleadings, motion papers, trial, 14 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 15 and trial exhibits, expert reports, attorney work product, and consultant and expert 16 work product, even if such materials contain Protected Material. Any such 17 archival copies that contain or constitute Protected Material remain subject to this 18 Protective Order as set forth in Section 4 (DURATION). 19 20 21 22 23 24 25 26 27 28 15 1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 including, without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED: December 22, 2020 7 8 /s/Daniel Kalinowski____________________ 9 Daniel Kalinowksi Attorney for Plaintiff 10 11 12 DATED: December 22, 2020 13 14 /s/ Michael Chung______________________ Michael Chung 15 Attorney for Defendant FCA US LLC 16 17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 DATED: ___December 28, 2020__________ 20 21 22 ____________/s/_________________________ HON. GAIL J. STANDISH 23 United States Magistrate Judge 24 25 26 27 28 16 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Maria Landa v. FCA US LLC, et al., CASE NO.: 2:19- 9 cv-09862-PSG (GJSx). 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 11 so comply could expose me to sanctions and punishment in the nature of contempt. 12 I solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 Signature: __________________________________ 28 17 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 22, 2020, I filed the foregoing document 3 entitled STIPULATED PROTECTIVE ORDER with the clerk of court using the 4 CM/ECF system, which will send a notice of electronic filing to all counsel of 5 record in this action. 6 7 /s/ Michael Chung Michael Chung 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18