Salem Media Group, Inc. v. Atlantic Specialty Insurance Company ( 2024 )

1 |} John Makin (State Bar No. 88853) Jmakin @ gpsllp.com 2 || Nelson Hsieh (State Bar No. 177128) Nhsieh@ gpsllp.com 3 || Chip Cox (State Bar No. 159681) Chipc @ gpsllp.com || GR EENAN, PEFFER, SALLANDER & LALLY, LLP 2000 Crow Canyon Place, Suite 380 5 || San Ramon, California 94583 Tel: (925) 866-1000 6 || FAX: (925) 830-8787 7 || Attorneys for Defendant Atlantic Specialty Insurance Company 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 || SALEM MEDIA GROUP, INC., Case No.: 2:24-cv-04486-JLS-SSCx 13 Plaintiff, STIPULATION AND [PROPOSED] 14 y PROTECTIVE ORDER 15 || ATLANTIC SPECIALTY INSURANCE COMPANY, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 STIPITT ATION AND Case No. 2:24-cv-04486-JLS-SSCx 1 || I. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 || proprietary or private information for which special protection from public 4 || disclosure and from use for any purpose other than pursuing this litigation may be 5 || warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 || enter the following Stipulated Protective Order. The parties acknowledge that this 7 || Order does not confer blanket protections on all disclosures or responses to 8 || discovery and that the protection it affords from public disclosure and use extends 9 || only to the limited information or items that are entitled to confidential treatment 10 || under the applicable legal principles. || I. GOOD CAUSE STATEMENT 12 This action is likely to involve personal information protected under 13 || California Law and proprietary information for which special protection from 14 || public disclosure and from use for any purpose other than prosecution of this 15 || action is warranted. Such confidential and proprietary materials and information 16 || consist of, among other things, information provided to Atlantic Specialty 17 || Insurance Company protected by statute under California law, confidential 18 || business or financial information, information regarding confidential business 19 || practices, or other commercial information otherwise generally unavailable to the 20 || public, or which may be privileged or otherwise protected from disclosure under 21 || state or federal statutes, court rules, case decisions, or common law. Accordingly, 22 || to expedite the flow of information, to facilitate the prompt resolution of disputes 23 || over confidentiality of discovery materials, to adequately protect information the 24 || parties are entitled to keep confidential, to ensure that the parties are permitted 25 || reasonable necessary uses of such material in preparation for and in the conduct of 26 || trial, to address their handling at the end of the litigation, and serve the ends of 27 || justice, a protective order for such information is justified in this matter. It is the 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || intent of the parties that information will not be designated as confidential for 2 || tactical reasons and that nothing be so designated without a good faith belief that it 3 || has been maintained in a confidential, non-public manner, and there is good cause 4 || why it should not be part of the public record of this case. 5 || TI. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 6 The parties further acknowledge, as set forth in Section 14.3, below, that this 7 || Stipulated Protective Order does not entitle them to file confidential information 8 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 || and the standards that will be applied when a party seeks permission from the court 10 || to file material under seal. There is a strong presumption that the public has a right 11 || of access to judicial proceedings and records in civil cases. In connection with non- 12 || dispositive motions, good cause must be shown to support a filing under seal. See 13 |} Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 14 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 15 |} Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 16 || stipulated protective orders require good cause showing), and a specific showing o 17 || good cause or compelling reasons with proper evidentiary support and legal 18 || justification, must be made with respect to Protected Material that a party seeks to 19 || file under seal. The parties’ mere designation of Disclosure or Discovery Material 20 || as CONFIDENTIAL does not— without the submission of competent evidence by 21 || declaration, establishing that the material sought to be filed under seal qualifies as 22 || confidential, privileged, or otherwise protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, 24 || then compelling reasons, not only good cause, for the sealing must be shown, and 25 || the relief sought shall be narrowly tailored to serve the specific interest to be 26 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9® Cir. 27 || 2010). For each item or type of information, document, or thing sought to be filed 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || or introduced under seal, the party seeking protection must articulate compelling 2 || reasons, supported by specific facts and legal justification, for the requested sealing 3 || order. Again, competent evidence supporting the application to file documents 4 || under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable 6 || in its entirety will not be filed under seal if the confidential portions can be 7 || redacted. If documents can be redacted, then a redacted version for public viewing, 8 || omitting only the confidential, privileged, or otherwise protectable portions of the 9 || document, shall be filed. Any application that seeks to file documents under seal in 10 || their entirety should include an explanation of why redaction is not feasible. 11 |) IV. DEFINITIONS 12 4.1. Action: Salem Media Group, Inc. v. Atlantic Specialty Ins. Co., 13 || U.S.D.C. (C.D. Cal.) Case No. 2:24-cv-04486-JLS-SSCx. 14 4.2 Challenging Party: a Party or Non-Party that challenges the 15 || designation of information or items under this Order. 16 4.3. “CONFIDENTIAL” Information or Items: information (regardless of 17 || how it is generated, stored or maintained) or tangible things that qualify for 18 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 19 || the Good Cause Statement. 20 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 21 || their support staff). 22 4.5 Designating Party: a Party or Non-Party that designates information o 23 || items that it produces in disclosures or in responses to discovery as 24 || “CONFIDENTIAL.” 25 4.6 Disclosure or Discovery Material: all items or information, regardless 26 || of the medium or manner in which it is generated, stored, or maintained (including, 27 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || among other things, testimony, transcripts, and tangible things), that are produced 2 || or generated in disclosures or responses to discovery. 3 4.7 Expert: a person with specialized knowledge or experience in a matter 4 || pertinent to the litigation who has been retained by a Party or its counsel to serve 5 || as an expert witness or as a consultant in this Action. 6 4.8 House Counsel: attorneys who are employees of a party to this Action. 7 || House Counsel does not include Outside Counsel of Record or any other outside 8 || counsel. 9 4.9 Non-Party: any natural person, partnership, corporation, association or 10 || other legal entity not named as a Party to this action. 1] 4.10 Outside Counsel of Record: attorneys who are not employees of a 12 || party to this Action but are retained to represent a party to this Action and have 13 || appeared in this Action on behalf of that party or are affiliated with a law firm that 14 || has appeared on behalf of that party, and includes support staff. 15 4.11 Party: any party to this Action, including all of its officers, directors, 16 || employees, consultants, retained experts, and Outside Counsel of Record (and their 17 || support staffs). 18 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 || Discovery Material in this Action. 20 4.13 Professional Vendors: persons or entities that provide litigation 21 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 || and their employees and subcontractors. 24 4.14 Protected Material: any Disclosure or Discovery Material that is 25 || designated as “CONFIDENTIAL.” 26 4.15 Receiving Party: a Party that receives Disclosure or Discovery 27 || Material from a Producing Party. 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 Vv. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 || Protected Material (as defined above), but also (1) any information copied or 4 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 || compilations of Protected Material; and (3) any testimony, conversations, or 6 || presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 || trial judge and other applicable authorities. This Order does not govern the use of 9 || Protected Material at trial. 10 VI. DURATION 1] Once a case proceeds to trial, information that was designated as 12 || CONFIDENTIAL or maintained pursuant to this protective order used or 13 || introduced as an exhibit at trial becomes public and will be presumptively 14 || available to all members of the public, including the press, unless compelling 15 || reasons supported by specific factual findings to proceed otherwise are made to the 16 || trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 17 || (distinguishing “good cause” showing for sealing documents produced in 18 || discovery from “compelling reasons” standard when merits-related documents are 19 || part of court record). Accordingly, the terms of this protective order do not extend 20 || beyond the commencement of the trial for those documents, items or information 21 || introduced at trial as an Exhibit or by testimony. 22 VII. DESIGNATING PROTECTED MATERIAL 23 7.1 Exercise of Restraint and Care in Designating Material for Protection 5 Once a case proceeds to trial, information that was designated as Each Party 26 || or Non-Party that designates information or items for protection under this Order 97 || must take care to limit any such designation to specific material that qualifies 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || under the appropriate standards. The Designating Party must designate for 2 || protection only those parts of material, documents, items or oral or written 3 || communications that qualify so that other portions of the material, documents, 4 || items or communications for which protection is not warranted are not swept 5 || unjustifiably within the ambit of this Order. 6 Mass, indiscriminate or routinized designations are prohibited. Designations 7 || that are shown to be clearly unjustified or that have been made for an improper 8 || purpose (e.g., to unnecessarily encumber the case development process or to 9 || impose unnecessary expenses and burdens on other parties) may expose the 10 || Designating Party to sanctions. 1] If it comes to a Designating Party’s attention that information or items 12 || that it designated for protection do not qualify for protection, that Designating 13 ||} Party must promptly notify all other Parties that it is withdrawing the inapplicable 14 || designation. 15 7.2 Manner and Timing of Designation 16 Except as otherwise provided in this Order, or as otherwise stipulated or 17 || ordered, Disclosure of Discovery Material that qualifies for protection under this 18 || Order must be clearly so designated before the material is disclosed or produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic 21 || documents, but excluding transcripts of depositions or other pretrial or trial 22 || proceedings), that the Producing Party affix at a minimum, the legend 23 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’), to each page that 24 || contains protected material. If only a portion of the material on a page qualifies for 25 || protection, the Producing Party also must clearly identify the protected portion(s) 26 || (e.g., by making appropriate markings in the margins). 27 A Party or Non-Party that makes original documents available for 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || inspection need not designate them for protection until after the inspecting Party 2 || has indicated which documents it would like copied and produced. 3 || During the inspection and before the designation, all of the material made available 4 || for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 5 || identified the documents it wants copied and produced, 6 || the Producing Party must determine which documents, or portions thereof, 7 || qualify for protection under this Order. Then, before producing the specified 8 || documents, the Producing Party must affix the “CONFIDENTIAL legend” to 9 || each page that contains Protected Material. If only a portion of the material on 10 || a page qualifies for protection, the Producing Party also must clearly identify the 11 || protected portion(s) (e.g., by making appropriate markings in the margins). 12 (b) for testimony given in depositions that the Designating Party identifies 13 || the Disclosure or Discovery Material on the record, before the close of the 14 || deposition all protected testimony. 15 (c) for information produced in some form other than documentary and for 16 || any other tangible items, that the Producing Party affix in a prominent place on the 17 || exterior of the container or containers in which the information is stored the legend 18 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 19 || protection, the Producing Party, to the extent practicable, shall identify the 20 || protected portion(s). 21 7.3 Inadvertent Failure to Designate 22 If timely corrected, an inadvertent failure to designate qualified information 23 || or items does not, standing alone, waive the Designating Party’s right to secure 24 || protection under this Order for such material. Upon timely correction of a 25 || designation, the Receiving Party must make reasonable efforts to assure that the 26 || material is treated in accordance with the provisions of this Order. 27 | /// 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1 Timing of Challenges 3 Any Party or Non-Party may challenge a designation of confidentiality at 4 || any time that is consistent with the Court’s Scheduling Order. 5 8.2 Meet and Confer 6 The Challenging Party shall initiate the dispute resolution process under 7 || Local Rule 37-1 et seq. 8 8.3. Joint Stipulation 9 Any challenge submitted to the Court shall be via a joint stipulation pursuant 10 || to Local Rule 37-2. 11 8.4 Burdens and Sanctions 12 The burden of persuasion in any such challenge proceeding shall be on the 13 |} Designating Party. Frivolous challenges, and those made for an improper purpose 14 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 15 || expose the Challenging Party to sanctions. Unless the Designating Party has 16 || waived or withdrawn the confidentiality designation, all parties shall continue to 17 || afford the material in question the level of protection to which it is entitled under 18 || the Producing Party’s designation until the Court rules on the challenge. 19 IX. ACCESS TO AND USE OF PROTECTED MATERIAL 20 9.1. Basic Principals 21 A Receiving Party may use Protected Material that is disclosed or produced 22 || by another Party or by a Non-Party in connection with this Action only for 23 || prosecuting, defending or attempting to settle this Action. Such Protected Material 24 || may be disclosed only to the categories of persons and under the conditions 25 || described in this Order. When the Action has been terminated, a Receiving Party 26 || must comply with the provisions of section 15 below (FINAL DISPOSITION). 27 28 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 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 9.2 Disclosure of “CONFIDENTIAL” Information or Items 5 Unless otherwise ordered by the court or permitted in writing by the 6 || Designating Party, a Receiving Party may disclose any information or item 7 || designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 || necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) 12 || of the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this Action and who have signed the 15 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 || Vendors to whom disclosure is reasonably necessary for this Action and who have 20 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information o 22 || a custodian or other person who otherwise possessed or knew 23 || the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in 25 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 26 || party requests that the witness sign the form attached as Exhibit A hereto; and (2) 27 || they will not be permitted to keep any confidential information unless they sign the 28 10 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 || agreed by the Designating Party or ordered by the court. Pages of transcribed 3 || deposition testimony or exhibits to depositions that reveal Protected Material may 4 || be separately bound by the court reporter and may not be disclosed to anyone 5 || except as permitted under this Stipulated Protective Order; and 6 (1) any mediators or settlement officers and their supporting personnel, 7 || mutually agreed upon by any of the parties engaged in settlement discussions. 8 X. PROTECTED MATERIAL SUBPOENAED OR ORDERED 9 PRODUCED IN OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 || that compels disclosure of any information or items designated in this Action as 12 || “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification 14 || shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or 16 || order to issue in the other litigation that some or all of the material covered by the 17 || subpoena or order is subject to this Protective Order. Such notification shall 18 || include a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 || pursued by the Designating Party whose Protected Material may be affected. If 21 |! the Designating Party timely seeks a protective order, the Party served with the 22 subpoena or court order shall not produce any information designated in this action 23 || as “CONFIDENTIAL” before a determination by the court from which the 24 subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its confidential material and nothing in these provisions 27 28 11 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 |} should be construed as authorizing or encouraging a Receiving Party in this Action 2 || to disobey a lawful directive from another court. 3 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non- 6 || Party in this Action and designated as “CONFIDENTIAL.” Such information 7 || produced by Non-Parties in connection with this litigation is protected by the g || remedies and relief provided by this Order. Nothing in these provisions should be 9 || construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 || produce a Non-Party’s confidential information in its possession, and the Party is 12 || subject to an agreement with the Non-Party not to produce the Non-Party’s 13 || confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 || That some or all of the information requested is subject to a confidentiality 16 || agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 19 || specific description of the information requested; and 20 (3) make the information requested available for inspection by the 21 || Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 14 93 || days of receiving the notice and accompanying information, the Receiving Party 24 || may produce the Non-Party’s confidential information responsive to the discovery 25 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall 96 || not produce any information in its possession or control that is subject to the 97 || confidentiality agreement with the Non-Party before a determination by the court. 28 12 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || Absent a court order to the contrary, the Non-Party shall bear the burden and 2 || expense of seeking protection in this court of its Protected Material. 3 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has 5 || disclosed Protected Material to any person or in any circumstance not authorized 6 || under this Stipulated Protective Order, the Receiving Party must immediately (a) 7 || notify in writing the Designating Party of the unauthorized disclosures, (b) use its 8 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 9 || the person or persons to whom unauthorized disclosures were made of all the terms 10 || of this Order, and (d) request such person or persons to execute the 11 |} “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 12 XT. INADVERTENT PRODUCTION OF PRIVILEGED OR 3 OTHERWISE PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 || snadvertently produced material is subject to a claim of privilege or other 16 || protection, the obligations of the Receiving Parties are those set forth in Federal 17 || Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 18 || whatever procedure may be established in an e-discovery order that provides for 19 || production without prior privilege review. Pursuant to Federal Rule of Evidence 29 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 21 || of a communication or information covered by the attorney-client privilege or 22. || work product protection, the parties may incorporate their agreement in the 93 || stipulated protective order submitted to the court. IA XIV. MISCELLANEOUS 25 14.1 Right to Further Relief 6 Nothing in this Order abridges the right of any person to seek its 97 || modification by the Court in the future. 28 13 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 14.2 Right to Assert Other Objections 2 By stipulating to the entry of this Protective Order, no Party waives any righ 3 || it otherwise would have to object to disclosing or producing any information or 4 || item on any ground not addressed in this Stipulated Protective Order. Similarly, no 5 || Party waives any right to object on any ground to use in evidence of any of the 6 || material covered by this Protective Order. 7 14.3 Filing Protected Material 8 A Party that seeks to file under seal any Protected Material must comply 9 || with Local Civil Rule 79-5. Protected Material may only be filed under seal 10 || pursuant to a court order authorizing the sealing of the specific Protected Material. 11 || If a Party’s request to file Protected Material under seal is denied by the court, then 12 || the Receiving Party may file the information in the public record unless otherwise 13 || instructed by the court. 14 XV. FINAL DISPOSITION 15 If a After the final disposition of this Action, as defined in paragraph 6, 16 || within 60 days of a written request by the Designating Party, each Receiving Party 17 || must return all Protected Material to the Producing Party or destroy such material. 18 || Counsel is not required to return or shred any portion of their files, but to the exten 19 || their files include material subject to this Protective Order, Counsel is obligated to 20 || continue to comply with the terms of this Protective Order. As used in this 21 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 22 || summaries, and any other format reproducing or capturing any of the Protected 23 || Material. Notwithstanding this provision, Counsel are entitled to retain an archival 24 || copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 25 || memoranda, correspondence, email, deposition and trial exhibits, expert reports, 26 || attorney work product, and consultant and expert work product, even if such 27 || materials contain Protected Material. Any such archival copies that contain or 28 14 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 || constitute Protected Material remain subject to this Protective Order as set forth in 2 || Section 6 (DURATION). /// 4 || /// 5 |} /// 6 |} /// T\/// 8 I} /// 9 |} /// 10 || /// 11 |} /// 12 |} /// 13 |} /// 14 |} /// 15 |} /// 16 |} /// 17 |} /// 18 |} /// 19 |} /// 20 |] /// 21 |} /// 22 | /// 23 |} /// 24 | /// 25 | /// 26 || /// 27 |} /// 28 15 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC) 1 XVI. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or monetary sanctions. 5 || ITIS SO STIPULATED. 7 || Dated: August 8,2024 = GREENAN, PEFFER, SALLANDER & LALLY, LLP 9 By: /S/ 10 ip Cox Counsel for Defendant 1 Atlantic Specialty Insurance Company 12 13 14 || Dated: August 8, 2024 BROWER LAW GROUP, APC 15 16 By: /S/ 17 teven Brower Counsel for Plaintiff 18 Salem Media Group, Inc. 19 20 21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 || Dated: August 12, 2024 23 25 Hon. Stephanie S. Christensen U.S. Magistrate Judge 26 27 28 16 STIPTIT ATION AND Case No.: 2:24-cv-04486 DDP (SSC) 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 111, [print or type full name], of [print or A || type full address], declare under penalty of perjury that I have read in its entirety and understand 5 || the Stipulated Protective Order that was issued by the United States District Court for the Central 6 || District of California on [date] in the case of Salem Media group, Inc. v. Atlantic Specialty Ins. 7 || Co., Case No. 2:24-cv-04486-JLS-SSCx. 8 I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 || Order and I understand and acknowledge that failure to so comply could expose me to sanctions 10 |} and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 || manner any information or item that is subject to this Stipulated Protective Order to any person 12 || or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 || Northern District of California for the purpose of enforcing the terms of this Stipulated 15 || Protective Order, even if such enforcement proceedings occur after termination of this action. 16 || I hereby appoint [print or type full name] of 17 [print or type full address and telephone 18 |} number] as my California agent for service of process in connection with this action or any 19 || proceedings related to enforcement of this Stipulated Protective Order. 20 || Date: 21 || City and State where sworn and signed: 22 23 || Printed name: 24 25 || Signature: 26 27 28 17 STIPITT ATION AND Case No. 2:24-cv-04486 DDP (SSC)