David Curry v. Mid-Continent Instrument Co., Inc. ( 2024 )

1 Jonathan E. Hembree (State Bar No. 274051) 2 Michael J. Terhar (State Bar No. 89491) Carl J. Basile (State Bar No. 251267) 3 CUNNINGHAM SWAIM, LLP 2 North Lake Avenue, Suite 550 4 Pasadena, California 91101 5 Telephone: (626)765-3000 Facsimilie (626) 765-3030 6 Email: jhembree@cunninghamswaim.com 7 Email: mterhar@cunninghamswaim.com Email: cbasile@cunninghamswaim.com 8 Michelle Moe Witte (admitted Pro Hac Vice) 9 MARTIN, PRINGLE, OLIVER, WALLACE & BAUER, LLP 10 645 E. Douglas, Suite 100 Wichita, KS 67202 11 Telephone: (316) 265-9311 12 Facsimile: (316) 265-2955 Email: mmwitte@martinpringle.com 13 Attorneys for Defendant Mid-Continent Instruments Co., Inc. 14 15 Daniel E. Hoffman (105841) LAW OFFICES OF SCOTT WARMUTH, APC 16 17700 Castleton Street, Suite 168 17 City of Industry, CA 91748 Email: dhoffman@law888.com 18 Attorneys for Plaintiff David Curry 19 UNITED STATES DISTRICT COURT 20 CENTRAL DISTRICT OF CALIFORNIA 21 DAVID CURRY, an individual, 22 Case No. 2:24:-cv-6331-HDV-RAOx Plaintiff, 23 v. DISCOVERY MATTER: 24 STIPULATED PROTECTIVE MID-CONTINENT INSTUMENTS ORDER1 25 CO., INC., a Texas Corporation, 26 Defendants. 27 1 1. A. 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 prosecuting this litigation may 5 be 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. 11 12 B. GOOD CAUSE STATEMENT 13 14 This is a wrongful termination and retaliation case. Plaintiff alleges he was 15 terminated for reporting what he believed were unsafe or improper safety practice 16 regarding the use of acetone at Defendant’s facility. However, Defendant claims that 17 it terminated Plaintiff for violation of its sexual harassment policy. Consequently, 18 the parties agree that it may be necessary for Defendant to disclose information 19 about the employee sexual harassment complaints that it received and its subsequent 20 investigation. The parties acknowledge that Defendant has an obligation to protect 21 those who report claims or otherwise participate in investigations of sexual 22 harassment from retaliation, and therefore desire to protect such information from 23 public disclosure and from use for any purpose other than prosecution of this action. 24 This case is also likely to involve the production of plaintiff’s personnel records, 25 income and tax information, personal and confidential information regarding non- 26 parties, defendant’s procedures and policies, information otherwise generally 27 unavailable to the public, or which may be privileged or otherwise protected from 1 law, and for which special protection from public disclosure and from use for any 2 purpose other than prosecution of this action is warranted. Accordingly, to expedite 3 the flow of information, to facilitate the prompt resolution of disputes over 4 confidentiality of discovery materials, to adequately protect information the parties 5 are entitled to keep confidential, to ensure that the parties are permitted reasonable 6 necessary uses of such material in preparation for and in the conduct of trial, to 7 address their handling at the end of the litigation, and serve the ends of justice, a 8 protective order for such information is justified in this matter. It is the intent of the 9 parties that information will not be designated as confidential for tactical reasons 10 and that nothing be so designated without a good faith belief that it has been 11 maintained in a confidential, non-public manner, and there is good cause why it 12 should not be part of the public record of this case. 13 14 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 15 The parties further acknowledge, as set forth in Section 12.3, below, that this 16 Stipulated Protective Order does not entitle them to file confidential information 17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 18 and the standards that will be applied when a party seeks permission from the court 19 to file material under seal. 20 There is a strong presumption that the public has a right of access to judicial 21 proceedings and records in civil cases. In connection with non-dispositive motions, 22 good cause must be shown to support a filing under seal. See Kamakana v. City and 23 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 24 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 25 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 26 require good cause showing), and a specific showing of good cause or compelling 27 reasons with proper evidentiary support and legal justification, must be made with 1 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 2 without the submission of competent evidence by declaration, establishing that the 3 material sought to be filed under seal qualifies as confidential, privileged, or 4 otherwise protectable—constitute good cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the 7 relief sought shall be narrowly tailored to serve the specific interest to be protected. 8 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 9 each item or type of information, document, or thing sought to be filed or introduced 10 under seal in connection with a dispositive motion or trial, the party seeking 11 protection must articulate compelling reasons, supported by specific facts and legal 12 justification, for the requested sealing order. Again, competent evidence supporting 13 the application to file documents under seal must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. 16 If documents can be redacted, then a redacted version for public viewing, omitting 17 only the confidential, privileged, or otherwise protectable portions of the document 18 shall be filed. Any application that seeks to file documents under seal in their 19 entirety should include an explanation of why redaction is not feasible. 20 21 2. DEFINITIONS 22 2.1 Action: [this pending federal lawsuit]. [*Option: consolidated or 23 related actions.] 24 2.2 Challenging Party: a Party or Non-Party that challenges the 25 designation of information or items under this Order. 26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 1 the Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things) that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 1 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery 7 Material from a Producing Party. 8 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the 16 trial judge. This Order does not govern the use of Protected Material at trial. 17 18 4. DURATION 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 21 as an exhibit at trial becomes public and will be presumptively available to all 22 members of the public, including the press, unless compelling reasons supported by 23 specific factual findings to proceed otherwise are made to the trial judge in advance 24 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 25 showing for sealing documents produced in discovery from “compelling reasons” 26 standard when merits-related documents are part of court record). Accordingly, the 27 terms of this protective order do not extend beyond the commencement of the trial. 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate for 6 protection only those parts of material, documents, items or oral or written 7 communications that qualify so that other portions of the material, documents, items 8 or communications for which protection is not warranted are not swept unjustifiably 9 within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 1 protection, the Producing Party also must clearly identify the protected portion(s) 2 (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 8 documents it wants copied and produced, the Producing Party must determine which 9 documents, or portions thereof, qualify for protection under this Order. Then, 10 before producing the specified documents, the Producing Party must affix the 11 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 12 portion of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 in the margins). 15 (b) for testimony given in depositions that the Designating Party identifies 16 the Disclosure or Discovery Material on the record, before the close of the 17 deposition all protected testimony. 18 (c) for information produced in some form other than documentary and 19 for any other tangible items, that the Producing Party affix in a prominent place on 20 the exterior of the container or containers in which the information is stored the 21 legend “CONFIDENTIAL.” If only a portion or portions of the information 22 warrants protection, the Producing Party, to the extent practicable, shall identify the 23 protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 1 Order. 2 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 Scheduling Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37.1 et seq. 9 6.3 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper 11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 12 parties) may expose the Challenging Party to sanctions. Unless the Designating 13 Party has waived or withdrawn the confidentiality designation, all parties shall 14 continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the Court rules on the 16 challenge. 17 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this 21 Action only for prosecuting, defending or attempting to settle this Action. Such 22 Protected Material may be disclosed only to the categories of persons and under the 23 conditions described in this Order. When the Action has been terminated, a 24 Receiving Party must comply with the provisions of section 13 below (FINAL 25 DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party at a 27 location and in a secure manner that ensures that access is limited to the persons 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably 7 necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 23 will not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 25 agreed by the Designating Party or ordered by the court. Pages of transcribed 26 deposition testimony or exhibits to depositions that reveal Protected Material may 27 be separately bound by the court reporter and may not be disclosed to anyone except 1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions. 3 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 5 IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other litigation 7 that compels disclosure of any information or items designated in this Action as 8 “CONFIDENTIAL,” that Party must: 9 (a) promptly notify in writing the Designating Party. Such notification 10 shall include a copy of the subpoena or court order; 11 (b) promptly notify in writing the party who caused the subpoena or order 12 to issue in the other litigation that some or all of the material covered by the 13 subpoena or order is subject to this Protective Order. Such notification shall include 14 a copy of this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served with 18 the subpoena or court order shall not produce any information designated in this 19 action as “CONFIDENTIAL” before a determination by the court from which the 20 subpoena or order issued, unless the Party has obtained the Designating Party’s 21 permission. The Designating Party shall bear the burden and expense of seeking 22 protection in that court of its confidential material and nothing in these provisions 23 should be construed as authorizing or encouraging a Receiving Party in this Action 24 to disobey a lawful directive from another court. 25 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 1 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 2 produced by Non-Parties in connection with this litigation is protected by the 3 remedies and relief provided by this Order. Nothing in these provisions should be 4 construed as prohibiting a Non-Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and the Party is 7 subject to an agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party and the Non-Party 10 that some or all of the information requested is subject to a confidentiality 11 agreement with a Non-Party; 12 (2) promptly provide the Non-Party with a copy of the Stipulated 13 Protective Order in this Action, the relevant discovery request(s), and a reasonably 14 specific description of the information requested; and 15 (3) make the information requested available for inspection by the 16 Non-Party, if requested. 17 (c) If the Non-Party fails to seek a protective order from this court within 18 14 days of receiving the notice and accompanying information, the Receiving Party 19 may produce the Non-Party’s confidential information responsive to the discovery 20 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 21 not produce any information in its possession or control that is subject to the 22 confidentiality agreement with the Non-Party before a determination by the court. 23 Absent a court order to the contrary, the Non-Party shall bear the burden and 24 expense of seeking protection in this court of its Protected Material. 25 26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 9 PROTECTED MATERIAL 10 When a Producing Party gives notice to Receiving Parties that certain 11 inadvertently produced material is subject to a claim of privilege or other protection, 12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 14 procedure may be established in an e-discovery order that provides for production 15 without prior privilege review. The inadvertent disclosure or production of any 16 information or document that is subject to an objection on the basis of attorney 17 client privilege or work product protection, including, but not limited, to information 18 or documents that may be considered Confidential Information under the Protective 19 Order, will not be deemed to waive a party’s claim to its privileged or protected 20 nature or estop that party or the privilege holder from designating the information or 21 document as attorney client privileged or subject to the work product doctrine at a 22 later date. Any party receiving any such information or document must return it 23 upon request to the producing party. Upon receiving such a request as to specific 24 information or documents, the receiving party must return the information or 25 documents to the producing party within fourteen days, regardless of whether the 26 receiving party agrees with the claim of privilege and/or work product protection. 27 Disclosure of the information or document by the other party prior to such later 1 provisions of this section constitute an order pursuant to Rules 502(d) and (e) of the 2 Federal Rules of Evidence. 3 4 12. MISCELLANEOUS 5 12.1 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 12.2 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 12.3 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 14 may only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Party’s request to file Protected Material 16 under seal is denied by the court, then the Receiving Party may file the information 17 in the public record unless otherwise instructed by the court. 18 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in paragraph 4, within 60 days 21 of a written request by the Designating Party, each Receiving Party must return all 22 Protected Material to the Producing Party or destroy such material. As used in this 23 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 24 summaries, and any other format reproducing or capturing any of the Protected 25 Material. Whether the Protected Material is returned or destroyed, the Receiving 26 Party must submit a written certification to the Producing Party (and, if not the same 27 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 1 destroyed and (2) affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or any other format reproducing or capturing any 3 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 6 reports, attorney work product, and consultant and expert work product, even if such 7 materials contain Protected Material. Any such archival copies that contain or 8 constitute Protected Material remain subject to this Protective Order as set forth in 9 Section 4 (DURATION). 10 11 14. VIOLATION 12 Any violation of this Order may be punished by appropriate measures including, 13 without limitation, contempt proceedings and/or monetary sanctions. 14 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 17 DATED: October 10, 2024 18 19 /s/ Daniel E. Hoffman (105841) Attorneys for Plaintiff David Curry 20 21 22 DATED: October 10, 2024 23 24 /s/Michelle Moe Witte (KS Bar No. 22620, admitted pro hac vice) Attorneys for Defendant Mid-Continent Instruments Co., Inc. 25 26 DATED: October 10, 2024 27 /s/Jonathan Hembree (274051) Attorneys for Defendant Mid-Continent Instruments Co., Inc. 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 || DATED: 10/11/2024 | Rapetla Gh, Cz... HON. ROZELLA A.OLIVER ts” 6 || United States Magistrate Judge 7 8 9 10 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 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 David Curry v. Mid-Continent Instruments Co., Inc., Case 9 No. 2:24:-cv-6331-HDV-RAOx. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [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 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27