Continental Casualty Company v. Guzman ( 2020 )

1 CNA COVERAGE LITIGATION GROUP ROBERT C. CHRISTENSEN (SBN 151296) 2 Email: robert.christensen@cna.com 555 12th Street, Suite 600 3 Oakland, CA 94607 Telephone: 510.645.2306 4 Facsimile: 510.645.2323 5 Attorneys for Plaintiff CONTINENTAL CASUALTY COMPANY 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CONTINTENTAL CASUALTY CASE NO.: 2:19-cv-01975-KJM-CKD COMPANY, 11 Plaintiff, STIPULATED PROTECTIVE ORDER 12 vs. 13 LETHESIA GUZMAN; FAAFETAI AND 14 RACHEL TALIAOA; L. M., a minor by and Complaint Filed: 9/27/19 through her Guardian Ad Litem THOMAS 15 NICHOLS; D. M., and N. M., by and through their Guardian Ad Litem, Patricia Montejano, 16 and DOES 1-10, inclusive, 17 Defendants. 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary or 21 private information for which special protection from public disclosure and from use for any 22 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 23 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 24 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends only to the 26 limited information or items that are entitled to confidential treatment under the applicable legal 27 principles. 28 / / / 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve disclosure of proprietary information from non-parties 3 including, but not limited to, Sprint Corporation for which special protection from public 4 disclosure and from use for any purpose other than prosecution of this action is warranted. Such 5 confidential and proprietary materials and information consist of, among other things, automobile 6 fleet management policies, guidelines and other related materials that is not otherwise generally 7 unavailable to the public, or which may be privileged or otherwise protected from disclosure 8 under state or federal statutes, court rules, case decisions, or common law. Accordingly, to 9 expedite the flow of information, to facilitate the prompt resolution of disputes over 10 confidentiality of discovery materials, to adequately protect information the parties are entitled to 11 keep confidential, to ensure that the parties are permitted reasonable necessary uses of such 12 material in preparation for and in the conduct of trial, to address their handling at the end of the 13 litigation, and serve the ends of justice, a protective order for such information is justified in this 14 matter. It is the intent of the parties that information will not be designated as confidential for 15 tactical reasons and that nothing be so designated without a good faith belief that it has been 16 maintained in a confidential, non-public manner, and there is good cause why it should not be 17 part of the public record of this case. 18 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 19 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 20 Protective Order does not entitle them to file confidential information under seal; Local Civil 21 Rule 141 sets forth the procedures that must be followed and the standards that will be applied 22 when a party seeks permission from the court to file material under seal. 23 There is a strong presumption that the public has a right of access to judicial proceedings 24 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 25 to support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 26 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), 27 Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 28 protective orders require good cause showing), and a specific showing of good cause or 1 compelling reasons with proper evidentiary support and legal justification, must be made with 2 respect to Protected Material that a party seeks to file under seal. The parties’ mere designation of 3 Disclosure or Discovery Material as CONFIDENTIAL does not—without the submission of 4 competent evidence by declaration, establishing that the material sought to be filed under seal 5 qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 7 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be 8 narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors 9 Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or 10 thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, 11 the party seeking protection must articulate compelling reasons, supported by specific facts and 12 legal justification, for the requested sealing order. Again, competent evidence supporting the 13 application to file documents under seal must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in its entirety 15 will not be filed under seal if the confidential portions can be redacted. If documents can be 16 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 17 otherwise protectable portions of the document, shall be filed. Any application that seeks to file 18 documents under seal in their entirety should include an explanation of why redaction is not 19 feasible. 20 2. DEFINITIONS 21 2.1 Action: this pending federal lawsuit, Case No. 2:19-cv-01975-KJM-CKD. 22 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 23 information or items under this Order. 24 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 25 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 26 of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support 28 staff). 1 2.5 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.6 Disclosure or Discovery Material: all items or information, regardless of the 4 medium or manner in which it is generated, stored, or maintained (including, among other things, 5 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 6 responses to discovery in this matter. 7 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 8 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 9 consultant in this Action. 10 2.8 House Counsel: attorneys who are employees of a party to this Action. House 11 Counsel does not include Outside Counsel of Record or any other outside counsel. 12 2.9 Non-Party: any natural person, partnership, corporation, association or other legal 13 entity not named as a Party to this action. 14 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 15 Action but are retained to represent or advise a party to this Action and have appeared in this 16 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that 17 party, and includes support staff. 18 2.11 Party: any party to this Action, including all of its officers, directors, employees, 19 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 21 Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation support services 23 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 24 organizing, storing, or retrieving data in any form or medium) and their employees and 25 subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 27 “CONFIDENTIAL.” 28 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected Material 5 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 6 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 9 This Order does not govern the use of Protected Material at trial. 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 12 maintained pursuant to this protective order used or introduced as an exhibit at trial becomes 13 public and will be presumptively available to all members of the public, including the press, 14 unless compelling reasons supported by specific factual findings to proceed otherwise are made 15 to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 16 “good cause” showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record). Accordingly, the terms of this 18 protective order do not extend beyond the commencement of the trial. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 21 or Non-Party that designates information or items for protection under this Order must take care 22 to limit any such designation to specific material that qualifies under the appropriate standards. 23 The Designating Party must designate for protection only those parts of material, documents, 24 items or oral or written communications that qualify so that other portions of the material, 25 documents, items or communications for which protection is not warranted are not swept 26 unjustifiably within the ambit of this Order. 27 Mass, indiscriminate or routinized designations are prohibited. Designations that are 28 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 1 unnecessarily encumber the case development process or to impose unnecessary expenses and 2 burdens on other parties) may expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it designated 4 for protection do not qualify for protection, that Designating Party must promptly notify all other 5 Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 7 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 8 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 9 designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic documents, but 12 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 13 Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 14 legend”), to each page that contains protected material. If only a portion of the material on a page 15 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection need not 18 designate them for protection until after the inspecting Party has indicated which documents it 19 would like copied and produced. During the inspection and before the designation, all of the 20 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 21 Party has identified the documents it wants copied and produced, the Producing Party must 22 determine which documents, or portions thereof, qualify for protection under this Order. Then, 23 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 24 legend” to each page that contains Protected Material. If only a portion of the material on a page 25 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 26 (e.g., by making appropriate markings in the margins). 27 28 1 (b) for testimony given in depositions that the Designating Party identifies the 2 Disclosure or Discovery Material on the record, before the close of the deposition all protected 3 testimony. 4 (c) for information produced in some form other than documentary and for any 5 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 6 container or containers in which the information is stored the legend “CONFIDENTIAL.” If only 7 a portion or portions of the information warrants protection, the Producing Party, to the extent 8 practicable, shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the material is 13 treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time that is consistent with the Court’s Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 18 process under Local Rule 141. 19 6.3 The burden of persuasion in any such challenge proceeding shall be on the 20 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 21 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party 22 to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 23 designation, all parties shall continue to afford the material in question the level of protection to 24 which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 27 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 28 defending or attempting to settle this Action. Such Protected Material may be disclosed only to 1 the categories of persons and under the conditions described in this Order. When the Action has 2 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 3 DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a location and 5 in a secure manner that ensures that access is limited to the persons authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 7 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 8 information or item designated “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 11 information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 15 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 16 to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 20 whom disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a custodian 23 or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 25 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the 26 witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any 27 confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” 28 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 1 transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be 2 separately bound by the court reporter and may not be disclosed to anyone except as permitted 3 under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, mutually 5 agreed upon by any of the parties engaged in settlement discussions. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 7 OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation that compels 9 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that 10 Party must: 11 (a) promptly notify in writing the Designating Party. Such notification shall include a 12 copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 14 other litigation that some or all of the material covered by the subpoena or order is subject to this 15 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 17 Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with the 19 subpoena or court order shall not produce any information designated in this action as 20 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 21 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 22 shall bear the burden and expense of seeking protection in that court of its confidential material 23 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 24 Party in this Action to disobey a lawful directive from another court. 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 26 THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a Non-Party in this 28 Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 1 connection with this litigation is protected by the remedies and relief provided by this Order. 2 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 3 additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 5 Party’s confidential information in its possession, and the Party is subject to an agreement with 6 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of 8 the information requested is subject to a confidentiality agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this 10 Action, the relevant discovery request(s), and a reasonably specific description of the information 11 requested; and 12 (3) make the information requested available for inspection by the Non-Party, if 13 requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 15 receiving the notice and accompanying information, the Receiving Party may produce the Non- 16 Party’s confidential information responsive to the discovery request. If the Non-Party timely 17 seeks a protective order, the Receiving Party shall not produce any information in its possession 18 or control that is subject to the confidentiality agreement with the Non-Party before a 19 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 20 burden and expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 23 Material to any person or in any circumstance not authorized under this Stipulated Protective 24 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 25 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 26 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 27 made of all the terms of this Order, and (d) request such person or persons to execute the 28 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery 7 order that provides for production without prior privilege review. Pursuant to Federal Rule of 8 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product 10 protection, the parties may incorporate their agreement in the stipulated protective order 11 submitted to the court. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 14 seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 16 Order, no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 Party waives any right to object on any ground to use in evidence of any of the material covered 19 by this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 21 Material must comply with Local Civil Rule 141. Protected Material may only be filed under seal 22 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a 23 Party’s request to file Protected Material under seal is denied by the court, then the Receiving 24 Party may file the information in the public record unless otherwise instructed by the court. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 27 written request by the Designating Party, each Receiving Party must return all Protected Material 28 to the Producing Party or destroy such material. As used in this subdivision, “all Protected 1 Material” includes all copies, abstracts, compilations, summaries, and any other format 2 reproducing or capturing any of the Protected Material. Whether the Protected Material is 3 returned or destroyed, the Receiving Party must submit a written certification to the Producing 4 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that 5 (1) identifies (by category, where appropriate) all the Protected Material that was returned or 6 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 7 compilations, summaries or any other format reproducing or capturing any of the Protected 8 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 9 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 11 consultant and expert work product, even if such materials contain Protected Material. Any such 12 archival copies that contain or constitute Protected Material remain subject to this Protective 13 Order as set forth in Section 4 (DURATION). 14 14. VIOLATION 15 Any violation of this Order may be punished by appropriate measures including, without 16 limitation, contempt proceedings and/or monetary sanctions. 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 20 DATED: July 23, 2020 CNA COVERAGE LITIGATION GROUP 21 22 By: /s/ Robert C. Christensen ROBERT C. CHRISTENSEN 23 Attorneys for Plaintiff CONTINENTAL CASUALTY COMPANY 24 25 26 27 28 1 DATED: July 23, 2020 POWERS MILLER 2 By: /s/ R. James Miller 3 R. JAMES MILLER (SBN 170312) 4 Attorneys for Defendant LETHESIA GUZMAN 5 DATED: July 23, 2020 DREYER, BABICH, BUCCOLA, WOOD, CAMPORA, LLP 6 7 By: /s/ Marshall R. Way 8 MARSHALL R. WAY (SBN 305082) Attorneys for Defendant FAAFETIA TALIAOA 9 10 DATED: July 23, 2020 ELLIOT M. REINER, APC 11 12 By: /s/Eliot M. Reiner 13 ELIOT M. REINER (SBN 142239) Attorneys for Defendant RACHEL TALIAOA 14 15 DATED: July 23, 2020 LARI-JONI & BASSELL, LLP 16 17 By: /s/Torsten M. Bassell TORSTEN M. BASSELL (SBN 249331) 18 Attorneys for Defendant L. M., a minor by and through her Guardian Ad Litem THOMAS 19 NICHOLS 20 DATED: July 23, 2020 WILCOXEN CALLAHAM, LLP 21 22 By: /s/Drew M. Widders 23 BLAIR H. WIDDERS (SBN 301741) DREW M. WIDDERS (SBN 245439) 24 Attorneys for Defendants D. M., and N. M., by and through their Guardian Ad Litem, PATRICIA 25 MONTEJANO 26 27 28 MASS □□□ □□□ ESE SUING INT INEZ MAUI OOP VO ee PAY IT I A 1 IT IS SO ORDERED, with the following amendments and clarifications: 2 1. The parties shall comply with the provisions and procedures of Local Rules 140 and 3 | 141 with respect to sealing or redaction requests. To the extent that the parties’ stipulation 4 | conflicts with the Local Rules, the Local Rules shall govern. 5 2. Prior to filing any motion related to this stipulated protective order or other discovery 6 | motion, the parties shall first exhaust informal meet-and-confer efforts and otherwise comply with 7 | Local Rule 251. 8 3. Nothing in this order limits the testimony of parties or non-parties, or the use of certain 9 | documents, at any court hearing or trial—such determinations will only be made by the court at 10 | the hearing or trial, or upon an appropriate motion. 11 4. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 12 | of the terms of this stipulated protective order after the action is terminated. Dated: August 19, 2020 bh rdf ht / {a— CAROLYN K. DELANEY : 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 | 16.1975.po 19 20 21 22 23 24 25 26 27 28 -14- Stipulated Protective Order 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Continental Casualty Company v. Lethesia Guzman, et al., 8 U.S.D.C., E.D. of Cal., Case No. 2:19-cv-01975-KJM-CKD . I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: 25 _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 28