Goding v. Gravity Cartel, LLC ( 2019 )

1 E. Paul Dougherty, Jr. (State Bar No. 182138) Robert M. Anderson (State Bar No. 75698) 2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 3 555 South Flower Street, Suite 2900 Los Angeles, California 90071 4 Telephone:(213) 443-5100 Facsimile: (213) 443-5101 5 E-mail: paul.dougherty@wilsonelser.com robert.anderson@wilsonelser.com 6 Attorneys for Defendant, 7 GRAVITY CARTEL, LLC 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEAN GODING and DORENA ) Case No. 2:19-CV-00504-MCE-KJN GODING, ) Hon. Morrison C. England, Jr. 12 ) Plaintiffs, ) 13 ) STIPULATED PROTECTIVE v. ) ORDER 14 ) GRAVITY CARTEL, LLC, and DOES ) 15 1 through 100, inclusive, ) ) 16 Defendants. ) ) 17 ) 18 Plaintiffs, DEAN GODING and DORENA GODING, and Defendant, 19 GRAVITY CARTEL, LLC, by and through their counsel of record, and pursuant to 20 Local Rules 141.1, 143 and 302(c)(1) of the above-entitled court, hereby stipulate 21 to the following protective order: 22 PROTECTIVE ORDER 23 1. PURPOSES AND LIMITATIONS 24 Disclosure and discovery activity in this action are likely to involve 25 production of confidential, proprietary, or private information for which special 26 protection from public disclosure and from use for any purpose other than 27 prosecuting this litigation may be warranted. Accordingly, good cause exists for a 1 this Stipulated Protective Order. The parties acknowledge that this Order does not 2 confer blanket protections on all disclosures or responses to discovery and that the 3 protection it affords from public disclosure and use extends only to the limited 4 information or items that are entitled to confidential treatment under the applicable 5 legal principles. The parties further acknowledge, as set forth in Section 12.3 6 below, that this Stipulated Protective Order does not entitle them to file confidential 7 information under seal. Local Rule 141 sets forth the procedures that must be 8 followed and the standards that will be applied when a party seeks permission from 9 the court to file material under seal. 10 2. DEFINITIONS 11 2.1 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c). 16 2.3 Counsel (without qualifier): Outside Counsel of Record and House 17 Counsel (as well as their support staff). 18 2.4 Designating Party: a Party or Non-Party that designates information or 19 items that it produces in disclosures or in responses to discovery as 20 “CONFIDENTIAL.” 21 2.5 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced 24 or generated in disclosures or responses to discovery in this matter. 25 2.6 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this action. 1 House Counsel does not include Outside Counsel of Record or any other outside 2 counsel. 3 2.8 Non-Party: any natural person, partnership, corporation, association, 4 or other legal entity not named as a Party to this action. 5 2.9 Outside Counsel of Record: attorneys who are not employees of a 6 party to this action but are retained to represent or advise a party to this action and 7 have appeared in this action on behalf of that party or are affiliated with a law firm 8 which has appeared on behalf of that party. 9 2.10 Party: any party to this action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation 15 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 and their employees and subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery 21 Material from a Producing Party. 22 3. SCOPE 23 The protections conferred by this Order cover not only Protected Material (as 24 defined above), but also (1) any information copied or extracted from Protected 25 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 26 and (3) any testimony, conversations, or presentations by Parties or their Counsel 27 that might reveal Protected Material. However, the protections conferred by this 1 public domain at the time of disclosure to a Receiving Party or becomes part of the 2 public domain after its disclosure to a Receiving Party as a result of publication not 3 involving a violation of this Order, including becoming part of the public record 4 through trial or otherwise; and (b) any information known to the Receiving Party 5 prior to the disclosure or obtained by the Receiving Party after the disclosure from a 6 source who obtained the information lawfully and under no obligation of 7 confidentiality to the Designating Party. Any use of Protected Material at trial shall 8 be governed by a separate agreement or order. 9 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations 11 imposed by this Order shall remain in effect until a Designating Party agrees 12 otherwise in writing or a court order otherwise directs. Final disposition shall be 13 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 14 or without prejudice; and (2) final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 16 including the time limits for filing any motions or applications for extension of time 17 pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate for 23 protection only those parts of material, documents, items, or oral or written 24 communications that qualify – so that other portions of the material, documents, 25 items, or communications for which protection is not warranted are not swept 26 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 27 designations are prohibited. Designations that are shown to be clearly unjustified or 1 retard the case development process or to impose unnecessary expenses and 2 burdens on other parties) expose the Designating Party to sanctions. If it comes to a 3 Designating Party’s attention that information or items that it designated for 4 protection do not qualify for protection, that Designating Party must promptly 5 notify all other Parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents or information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 15 page that contains protected material. If only a portion or portions of the material 16 on a page qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins). A Party 18 or Non-Party that makes original documents or materials available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which material it would like copied and produced. During the inspection and 21 before the designation, all of the material made available for inspection shall be 22 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 23 documents it wants copied and produced, the Producing Party must determine 24 which documents, or portions thereof, qualify for protection under this Order. 25 Then, before producing the specified documents, the Producing Party must affix the 26 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 27 portion or portions of the material on a page qualifies for protection, the Producing 1 markings in the margins). 2 (b) for testimony given in deposition or in other pretrial or trial 3 proceedings, that the Designating Party identify on the record, before the close of 4 the deposition, hearing, or other proceeding, all protected testimony. 5 (c) for information produced in some form other than documentary 6 and for any other tangible items, that the Producing Party affix in a prominent place 7 on the exterior of the container or containers in which the information or item is 8 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 9 information or item warrant protection, the Producing Party, to the extent 10 practicable, shall identify the protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such 14 material. Upon timely correction of a designation, the Receiving Party must make 15 reasonable efforts to assure that the material is treated in accordance with the 16 provisions of this Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time. Unless a prompt challenge to a 20 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 21 substantial unfairness, unnecessary economic burdens, or a significant disruption or 22 delay of the litigation, a Party does not waive its right to challenge a confidentiality 23 designation by electing not to mount a challenge promptly after the original 24 designation is disclosed. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process by providing written notice of each designation it is challenging 27 and describing the basis for each challenge. To avoid ambiguity as to whether a 1 confidentiality is being made in accordance with this specific Section 6.2 of the 2 Protective Order. The parties shall attempt to resolve each challenge in good faith 3 and must begin the process by conferring directly (in voice to voice dialogue; other 4 forms of communication are not sufficient) within 14 days of the date of service of 5 notice. In conferring, the Challenging Party must explain the basis for its belief that 6 the confidentiality designation was not proper and must give the Designating Party 7 an opportunity to review the designated material, to reconsider the circumstances, 8 and, if no change in designation is offered, to explain the basis for the chosen 9 designation. A Challenging Party may proceed to the next stage of the challenge 10 process only if it has engaged in this meet and confer process first or establishes 11 that the Designating Party is unwilling to participate in the meet and confer process 12 in a timely manner. 13 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 14 court intervention, the Designating Party may file and serve a motion to retain 15 confidentiality under Local Rules 230 and 302(c)(1) (and in compliance with Local 16 Rule 141, if applicable), or the Challenging Party may file a motion challenging a 17 confidentiality designation. Any motion brought pursuant to this provision must be 18 accompanied by a competent declaration affirming that the movant has complied 19 with the meet and confer requirements imposed by Section 6.2 above. The burden 20 of persuasion in any such judicial challenge proceeding shall be on the Designating 21 Party. Frivolous motions, and those made for an improper purpose (e.g., to harass 22 or impose unnecessary expenses and burdens on other parties), may expose the 23 moving party to sanctions. All parties shall continue to afford the material in 24 question the level of protection to which it is entitled under the Producing Party’s 25 designation until the court rules on the motion. 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1 Basic Principles. A Receiving Party may use Protected Material that is 1 case only for prosecuting, defending, or attempting to settle this litigation. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the litigation has been terminated, a 4 Receiving Party must comply with the provisions of Section 13 below. Protected 5 Material must be stored and maintained by a Receiving Party at a location and in a 6 secure manner that ensures that access is limited to the persons authorized under 7 this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this action, as 13 well as employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this litigation and who have signed the 15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 16 A; 17 (b) the officers, directors, and employees (including House Counsel) 18 of the Receiving Party to whom disclosure is reasonably necessary for this litigation 19 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 20 A); 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this litigation and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this litigation and who 1 (g) during their depositions, witnesses in the action to whom 2 disclosure is reasonably necessary and who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 4 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 5 to depositions that reveal Protected Material must be separately bound by the court 6 reporter and may not be disclosed to anyone except as permitted under this 7 Stipulated Protective Order. 8 (g) the author or recipient of a document containing the information or 9 a custodian or other person who otherwise possessed or knew the information. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this action as 14 “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or 18 order to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22 pursued by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with 24 the subpoena or court order shall not produce any information designated in this 25 action as “CONFIDENTIAL” before a determination by the court from which the 26 subpoena or order issued, unless the Party has obtained the Designating Party’s 27 permission. The Designating Party shall bear the burden and expense of seeking 1 should be construed as authorizing or encouraging a Receiving Party in this action 2 to disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 9.1 The terms of this Order are applicable to information produced by a 6 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 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 9.2 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 (a) 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 (b) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this litigation, the relevant discovery request(s), and a 19 reasonably specific description of the information requested; and 20 (c) make the information requested available for inspection by the 21 Non-Party. 22 9.3 If the Non-Party fails to object or seek a protective order from this court 23 within 14 days of receiving the notice and accompanying information, the 24 Receiving Party may produce the Non-Party’s confidential information responsive 25 to the discovery request. If the Non-Party timely seeks a protective order, the 26 Receiving Party shall not produce any information in its possession or control that 27 is subject to the confidentiality agreement with the Non-Party before a 1 shall bear the burden and expense of seeking protection in this court of its Protected 2 Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 9 or persons to whom unauthorized disclosures were made of all the terms of this 10 Order, and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently 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 20 502(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 work 22 product protection, the parties may incorporate their agreement in the stipulated 23 protective order submitted to the court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material. Without written permission from the 5 Designating Party or a court order secured after appropriate notice to all interested 6 persons, a Party may not file in the public record in this action any Protected 7 Material. A Party that seeks to file under seal any Protected Material must comply 8 with Local Rule 141. Protected Material may only be filed under seal pursuant to a 9 court order authorizing the sealing of the specific Protected Material at issue. 10 Pursuant to Local Rule 141, a sealing order will issue only upon a request 11 establishing that the Protected Material at issue is privileged, protectable as a trade 12 secret, or otherwise entitled to protection under the law. 13 13. FINAL DISPOSITION 14 Within 60 days after the final disposition of this action, as defined in Section 15 4 above, each Receiving Party must return all Protected Material to the Producing 16 Party or destroy such material. As used in this subdivision, “all Protected Material” 17 includes all copies, abstracts, compilations, summaries, and any other format 18 reproducing or capturing any of the Protected Material. Whether the Protected 19 Material is returned or destroyed, the Receiving Party must submit a written 20 certification to the Producing Party (and, if not the same person or entity, to the 21 Designating Party) that affirms that the Receiving Party has not retained any copies, 22 abstracts, compilations, summaries or any other format reproducing or capturing 23 any of the Protected Material. Notwithstanding this provision, Counsel are entitled 24 to retain an archival copy of all pleadings, motion papers, trial, deposition, and 25 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 26 expert reports, attorney work product, and consultant and expert work product, even 27 if such materials contain Protected Material. Any such archival copies that contain 1 in Section 4 above. 2 IT IS SO STIPULATED BY AND THROUGH COUNSEL OF RECORD. 3 DATED: December 12, 2019 WILCOXEN CALLAHAM, LLP 4 5 By: /s/ 6 William C. Callaham Christopher G. Romero 7 Attorneys for Plaintiffs, 8 DEAN GODING and DORENA GODING 9 DATED: December 12, 2019 WILSON, ELSER, MOSKOWITZ, 10 EDELMAN & DICKER LLP 11 12 By: /s/ 13 E. Paul Dougherty, Jr. Robert M. Anderson 14 Attorneys for Defendant, 15 GRAVITY CARTEL, LLC 16 ORDER 17 The Court has reviewed the parties’ stipulated protective order, and 18 GRANTS the request subject to the following authorities and exceptions. 19 Primarily, the Court notes that the parties have not provided sufficient information 20 on which the Court can make its findings required by Ninth Circuit precedent and 21 the Court’s Local Rules. Generally, the public can gain access to litigation 22 documents and information produced during discovery unless the party opposing 23 disclosure shows ‘good cause’ why a protective order is necessary.” Phillips ex rel. 24 Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002). “For 25 good cause to exist, the party seeking protection bears the burden of showing 26 specific prejudice or harm will result if no protective order is granted.” Phillips ex 27 rel. Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see also 1 stipulated protective orders require good cause showing). 2 The Ninth Circuit has recognized that the parties need not list the specific 3 discovery documents in their stipulation, “given the onerous burden document 4 review entails.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1131 (9th 5 Cir. 2003). However, this and other authorities have recognized that blanket 6 protective orders pose problems, both for the parties and for the court(s). See Id. 7 (“[T]he blanket order makes appellate review difficult now that an intervenor is 8 questioning the propriety of the original order.”); see also Oracle USA, Inc. v. 9 Rimini St., Inc., 2012 WL 6100306, at *10 (D. Nev. Dec. 7, 2012) (“When a party 10 or non-party producing or disclosing materials in discovery has not met its burden 11 under Rule 26(c) that the discovery materials are entitled to protection from 12 disclosure, a stipulated protective order is inherently subject to challenge and 13 modification.” (citing San Jose Mercury News, Inc. v. United States District 14 Court–Northern District, 187 F.3d 1096, 1103 (9th Cir. 1999); Beckman Indus., Inc. 15 v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992)). Thus, in this Circuit, “[b]road 16 allegations of harm, unsubstantiated by specific examples or articulated reasoning 17 do not satisfy the Rule 26(c) test.” Foltz, 331 F.3d at 1130. 18 In order to strike balance between the onerous burden of listing each 19 document and the likely–insufficient power of blanket protective orders, the Court’s 20 Local Rules instruct the parties, when requesting a protective order, to include in 21 their submission: 22 (1) A description of the types of information eligible for protection under the order, with the description provided in general terms 23 sufficient to reveal the nature of the information (e.g., customer 24 list, formula for soda, diary of a troubled child); (2) A showing of particularized need for protection as to each category 25 of information proposed to be covered by the order; and 26 (3) A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or 27 among the parties. > Local Rule 141.1(c). 3 Further, the Court notes that under “duration,” the parties have stipulated to 4 ||enforcement of the protection “[e]ven after final disposition of this litigation.” 5 However, the Local Rules clearly indicate that once this action is closed, “unless 6 || otherwise ordered, the Court will not retain jurisdiction over enforcement of the 7 || terms of any protective order filed in that action.” L.R. 141.1(f). Courts in the g || district generally do not agree to retain jurisdiction after closure of the case, and the 9 Court will not do so here. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 19 || WL 495778 (E.D. Cal., February 03, 2017). Wl Despite these inadequacies, the court approves the parties’ protective in orde: 17 || to facilitate the exchange of discovery. Counsel of record should take note of the 13 || above authorities for future proceedings. 14 IT IS SO ORDERED. 15 || Dated: December 17, 2019 i Aectl Aharon 17 ONITED STATES MAGISTRATE JUDGE 18 godi.504 19 20 21 22 23 24 25 26 27 28 {00231210}15 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, _______________________________ [print or type full name], of 4 ____________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court, 7 Eastern District of California, on _______________ [print or type date], 2019, in 8 the case of Dean Goding, et al. v. Gravity Cartel, LLC, Case No. 2:19-CV-00504- 9 MCE-KJN. I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt as 12 may be ordered by the court. I solemnly promise that I will not disclose in any 13 manner any information or item that is subject to this Stipulated Protective Order 14 to any person or entity except in strict compliance with the provisions of this 15 Stipulated Protective Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court, Northern District of California, for the purpose of enforcing the terms of 18 this Stipulated Protective Order, even if such enforcement proceedings occur after 19 termination of this action. 20 Executed this ____ day of _________, 20___, at ________________, 21 California. 22 23 (Signature) 24 25 ____________________________________ [Print Name] 26 27