Thomas v. City of Rio Vista ( 2021 )

1 LAW OFFICES OF JOHN L. BURRIS JOHN L. BURRIS, Esq. (SBN 69888) 2 john.burris@johnburrislaw.com K.CHIKE ODIWE, Esq. (SBN 315109 3 chike.odiwe@johnburrislaw.com 9701 Wilshire Blvd., Suite 1000 4 Beverly Hills, CA 90212 (310) 601-7070 5 Attorneys for Plaintiff 6 CHERISH THOMAS 7 SEAN D. DE BURGH, Bar No. 264713 sdeburgh@colehuber.com 8 SAMUEL L. EMERSON, Bar No. 222783 semerson@colehuber.com 9 COLE HUBER LLP 2281 Lava Ridge Court, Suite 300 10 Roseville, California 95661 Telephone: (916) 780-9009 11 Facsimile: (916) 780-9050 12 Mona G. Ebrahimi City of Rio Vista City Attorney 13 Attorneys for Defendants 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 CHERISH THOMAS, an individual; No. 2:20-cv-00899-KJM-DB 18 and DESHAUNNA PAYNE, an individual, STIPULATED PROTECTIVE 19 ORDER Plaintiffs, 20 v. 21 CITY OF RIO VISTA, a municipal 22 corporation; STEWART ZABEL, individually and 23 in his official capacity as an officer for the Rio Vista Police Department; 24 DEVIN EIGARD, individually and in his official capacity as an officer for the 25 Rio Vista Police Department; and DOES 1-50, inclusive, individually and 26 in their official capacity as police officers for the Rio Vista Police 27 Department, Defendants. 1 1. GENERAL 2 a. Purposes and Limitations 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information – including confidential personnel records of 5 peace officers – for which special protection from public disclosure and from use for 6 any purpose other than prosecuting this litigation may be warranted. Accordingly, 7 the parties hereby stipulate to and petition the Court to enter the following 8 Stipulated Protective Order. The parties acknowledge that this Order does not confer 9 blanket protections on all disclosures or responses to discovery and that the 10 protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable 12 legal principles. The parties further acknowledge, as set forth in Section 12.3, 13 below, that this Order does not entitle them to file confidential information under 14 seal; Local Rule 141 sets forth the procedures that must be followed and the 15 standards that will be applied when a party seeks permission from the court to file 16 material under seal. The parties further acknowledge that nothing in this Order shall 17 preclude either party from asserting that a document or piece of information is of 18 such a confidential or private nature that it should not be produced or that it should 19 be produced in redacted form, or from seeking a separate protective order to 20 preclude the production of certain documents or pieces of information. 21 b. Good Cause Statement 22 This action is likely to involve confidential information, including personnel 23 records of the Defendant police officers, information otherwise generally 24 unavailable to the public, or which may be privileged or otherwise protected from 25 disclosure under state or federal statutes, court rules, case decisions or common law. 26 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 27 of disputes over confidentiality of discovery materials, to adequately protect 1 permitted reasonable necessary uses of such material in preparation for and in the 2 conduct of trial, to address their handling at the end of the litigation, and to serve the 3 ends of justice, a protective order for such information is justified in this matter. It is 4 the intent of the parties that the information will not be designated as confidential 5 for tactical reasons and that nothing be so designated without a good faith belief that 6 it has been maintained in a confidential, non-public manner, and there is good cause 7 why it should not be part of the public record of this case. 8 2. DEFINITIONS 9 2.1. Party: any party to this action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel (and their support 11 staff). 12 2.2. Disclosure or Discovery Material: all items or information, regardless of 13 the medium or manner generated, stored, or maintained (including, among other 14 things, testimony, transcripts, or tangible things) that are produced or generated in 15 disclosures or responses to discovery in this matter. 16 2.3. “Confidential” Information or Items: information (regardless of how 17 generated, stored or maintained) or tangible things that contain information 18 involving trade secrets, confidential business, personal or financial information or 19 confidential personnel records. 20 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 2.5. Producing Party: a Party or non-party that produces Disclosure or 23 Discovery Material in this action. 24 2.6. Designating Party: a Party or non-party that designates information or 25 items that it produced in disclosures or in responses to discovery as “Confidential.” 26 2.7. Protected Material: any Disclosure or Discovery Material that is 27 designated as “Confidential.” 1 employees of a Party but who are retained to represent or advise a Party in this 2 action. 3 2.9 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 as 5 an expert witness or as a consultant in this action and who is not a past or a current 6 employee of a Party or of a competitor of a Party and who, at the time of retention, 7 is not anticipated to become an employee of a Party or a competitor of a Party. This 8 definition includes a professional jury or trial consultant retained in connection with 9 this litigation. 10 2.10 Professional Vendors: persons or entities that provide litigation support 11 services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, organizing, storing, retrieving data in any form or medium, etc.) and 13 their employees and subcontractors. 14 3. SCOPE 15 The protections conferred by this Order cover not only Protected Material (as 16 defined above), but also any information copied or extracted therefrom, as well as 17 all copies, excerpts, summaries, or compilations thereof, plus testimony, 18 conversations, or presentations by parties or counsel to or in court or in other 19 settings that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the 21 trial judge. This Order does not govern the use of Protected Material at trial. 22 4. DURATION 23 Even after final disposition of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees 25 otherwise in writing or a court order otherwise directs. Final disposition shall be 26 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 27 or without prejudice; and (2) final judgment herein after the completion and 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1. Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or non-party that designates information or items for protection 6 under this Order must take care to limit any such designation to specific material 7 that qualifies under the appropriate legal standards. A Designating Party must take 8 care to designate for protection only those parts of material, documents, items, or 9 oral or written communications that qualify – so that other portions of the material, 10 documents, items, or communications for which protection is not warranted are not 11 swept unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., unnecessarily to encumber the case development process or to impose 15 unnecessary expenses or burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Party’s or a non-party’s attention that information or items 18 that it designated for protection do not qualify for protection, that Party or non-party 19 must promptly notify all other parties that it is withdrawing or modifying the 20 mistaken designation. 21 5.2. Manner and Timing of Designations. 22 Except as otherwise provided in this Order (see, e.g., second paragraph of 23 section 5.2(a), below), or as otherwise stipulated or ordered, material that qualifies 24 for protection under this Order must be clearly so designated before the material is 25 disclosed or produced. 26 Designation in conformity with this Order requires: 27 a. For information in documentary form (apart from transcripts of 1 legend “CONFIDENTIAL” at the bottom-right of each page that contains Protected 2 Material. If only a portion or portions of the material on a page qualifies for 3 protection, the Producing Party must also clearly identify the protected portion(s) 4 (e.g., by making appropriate markings in the margins). 5 A Party or non-party that makes original documents or materials available for 6 inspection need not designate them for protection until after the inspecting Party has 7 indicated which material it would like copied and produced. During the inspection 8 and before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 10 documents it wants copied and produced, the Producing Party must determine which 11 documents, or portions thereof, qualify for protection under this Order. Then, before 12 producing the specified documents, the Producing Party must affix the appropriate 13 legend (“CONFIDENTIAL”) at the bottom-right of each page that contains 14 Protected Material. If only a portion or portions of the material on a page qualifies 15 for protection, the Producing Party must also clearly identify the protected portion(s) 16 (e.g., by making appropriate markings in the margins). 17 b. For testimony given in deposition or in other pretrial or trial 18 proceedings, that the Party or non-party offering or sponsoring the testimony 19 identify on the record, before the close of the deposition, hearing, or other 20 proceeding, all protected testimony, and further specify any portions of the 21 testimony that qualify as “CONFIDENTIAL.” When it is impractical to identify 22 separately each portion of testimony that is entitled to protection, and when it 23 appears that substantial portions of the testimony may qualify for protection, the 24 Party or non-party that sponsors, offers, or gives the testimony may invoke on the 25 record (before the deposition or proceeding is concluded) a right to have up to 20 26 days after the transcript is certified by the reporter to identify the specific portions of 27 the testimony as to which protection is sought and to specify the level of protection 1 appropriately designated for protection within the 20 days shall be covered by the 2 provisions of this Order. 3 Transcript pages containing Protected Material must be separately bound by 4 the court reporter, who must affix to the top of each such page the legend 5 “CONFIDENTIAL,” as instructed by the Party or non-party offering or sponsoring 6 the witness or presenting the testimony. 7 c. For information produced in some form other than documentary, 8 and for any other tangible items, that the Producing Party affix in a prominent place 9 on the exterior of the container or containers in which the information or item is 10 stored the legend “CONFIDENTIAL.” If only portions of the information or item 11 warrant protection, the Producing Party, to the extent practicable, shall identify the 12 protected portions, specifying whether they qualify as “CONFIDENTIAL.” 13 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items as “CONFIDENTIAL” does not, 15 standing alone, waive the Designating Party’s right to secure protection under this 16 Order for such material. If material is appropriately designated as 17 “CONFIDENTIAL” after the material was initially produced, the Receiving Party, 18 on timely notification of the designation, must make reasonable efforts to assure that 19 the material is treated in accordance with the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1. Timing of Challenges. Unless a prompt challenge to a Designating 22 Party’s confidentiality designation is necessary to avoid foreseeable substantial 23 unfairness, unnecessary economic burdens, or a later significant disruption or delay 24 of the litigation, a Party does not waive its right to challenge a confidentiality 25 designation by electing not to mount a challenge promptly after the original 26 designation is disclosed. 27 6.2. Meet and Confer. A Party that elects to initiate a challenge to a 1 pursuant to the dispute resolution process under Local Rule 37-1, et seq. 2 6.3. Burden of Persuasion. The burden of persuasion in any such challenge 3 proceeding shall be on the Designating Party. Frivolous challenges, and those made 4 for an improper purpose (e.g., to harass or impose unnecessary expenses and 5 burdens on other parties) may expose the Challenging Party to sanctions. Until the 6 Court rules on the challenge, all parties shall continue to afford the material in 7 question the level of protection to which it is entitled under the Producing Party’s 8 designation. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1. Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a non-party in connection with this 12 case only for prosecuting, defending, or attempting to settle this litigation. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the litigation has been terminated, a 15 Receiving Party must comply with the provisions of section 13, below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the Court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated CONFIDENTIAL 23 only to: 24 a. the Receiving Party’s Outside Counsel of record in this action 25 and said counsel’s paralegals, as well as other employees of said counsel to whom it 26 is reasonably necessary to disclose the information for this litigation and who have 27 signed the “Agreement to Be Bound by Protective Order” that is attached hereto as 1 b. the officers, directors, and employees of the Receiving Party to 2 whom disclosure is reasonably necessary for this litigation and who have signed the 3 “Agreement to Be Bound by Protective Order” (Exhibit A); 4 c. Experts (as defined in this Order) of the Receiving Party to 5 whom disclosure is reasonably necessary for this litigation and who have signed the 6 “Agreement to Be Bound by Protective Order” (Exhibit A); 7 d. the Court and its personnel; 8 e. court reporters and their staff; 9 f. professional jury or trial consultants, mock jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this lawsuit 11 and who have signed the "Acknowledgement and Agreement to be Bound"(Exhibit 12 A); 13 g. the author or recipient of a document containing the information 14 or a custodian or other person who otherwise possessed or knew the information; 15 h. during their depositions, witnesses, and attorneys for witnesses, 16 in this case to whom disclosure is reasonably necessary provided: (1) the deposing 17 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 18 they will not be permitted to keep any confidential information unless they sign the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 20 agreed by the Designating Party or ordered by the court. Pages of transcribed 21 deposition testimony or exhibits to depositions that reveal Protected Material shall 22 be separately bound by the court reporter and may not be disclosed to anyone except 23 as permitted under this Order; and 24 i. Any mediator or settlement officer, and their supporting 25 personnel, mutually agreed upon by any of the parties engaged in settlement 26 discussions. 27 / / / 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Receiving Party is served with a subpoena or an order issued in other 4 litigation that would compel disclosure of any information or items designated in 5 this action as “CONFIDENTIAL,” the Receiving Party must: 6 a. notify the Designating Party, in writing (by fax or email, if 7 possible) immediately after receiving the subpoena or order. Such 8 notification must include a copy of the subpoena or court order; 9 b. immediately inform in writing the party who caused the 10 subpoena or order to issue in the other litigation that some or all the 11 material covered by the subpoena or order is the subject of this Order. 12 In addition, the Receiving Party must deliver a copy of this Stipulated 13 Protective Order promptly to the party in the other action that caused 14 the subpoena or order to issue; and 15 c. cooperate with respect to all reasonable procedures sought to be 16 pursued by the Designating Party whose Protected Material may be 17 affected. 18 The purpose of imposing these duties is to alert the interested parties to the 19 existence of this Order and to afford the Designating Party in this case an 20 opportunity to try to protect its confidentiality interests in the court from which the 21 subpoena or order issued. If the Designating Party timely seeks a protective order in 22 relation to the subpoena or order issued in other litigation, the Party served with the 23 subpoena or order shall not produce any information designated in this lawsuit as 24 "CONFIDENTIAL" before the determination by the court from which the subpoena 25 or order issued, unless the party has obtained the Designating Party's permission. 26 The Designating Party shall bear the burdens and the expenses of seeking protection 27 in that court of its confidential material – and nothing in these provisions should be 1 lawful directive from another court. 2 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 3 PRODUCED IN THIS LITIGATION 4 a. The terms of this Order are applicable to information produced 5 by a non-party in this Action and designated as “CONFIDENTIAL.” Such 6 information produced by non-parties in connection with this litigation is protected 7 by the remedies and relief provided by this Order. Nothing in these provisions 8 should be construed as prohibiting a non-party from seeking additional protections. 9 b. In the event that a Party is required, by a valid discovery request, 10 to produce a non-party’s confidential information in its possession, and the Party is 11 subject to an agreement with the non-Party or other provision of law not to produce 12 the non-party’s confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the 14 non-party that some or all of the information requested is subject to a confidentiality 15 agreement with a non-party or otherwise subject to legal protection; 16 (2) promptly provide the non-party with a copy of this Order, 17 the relevant discovery request(s), and a reasonably specific description of the 18 information requested; and 19 (3) make the information requested available for inspection by 20 the non-party, if requested. 21 c. If the non-party fails to seek a protective order from this Court 22 within 14 days of receiving the notice and accompanying information, the Party 23 from whom such information is requested may produce the non-party’s confidential 24 information responsive to the discovery request. If the non-party timely seeks a 25 protective order, the Party from whom such information is requested shall not 26 produce any information in its possession or control that is subject to the 27 confidentiality agreement with the non-party or otherwise protected by law before a 1 bear the burden and expense of seeking protection in this Court of its Protected 2 Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED 4 MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Order, the Receiving Party must immediately (a) notify in writing the Designating 8 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of 9 the Protected Material, (c) inform the person or persons to whole unauthorized 10 disclosures were made of all the terms of this Stipulated Protective Order, and (d) 11 request such person or persons to execute the “Acknowledgment and Agreement to 12 Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 14 OTHERWISE PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 may be established in an e-discovery order that provides for production without 20 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 21 as the parties reach an agreement on the effect of disclosure of a communication or 22 information covered by the attorney-client privilege or work product protection, the 23 parties may incorporate their agreement in the stipulated protective order submitted 24 to the Court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. 1 Protective Order no Party waives any right it otherwise would have to object to 2 disclosing or producing any information or item on any ground not addressed in this 3 Stipulated Protective Order. Similarly, no Party waives any right to object on any 4 ground to use in evidence of any of the material covered by this Protective Order. 5 12.3 Filing Protected Material. Without written permission from the 6 Designating Party or a Court order secured after appropriate notice to all interested 7 persons, a Party may not file in the public record in this action any protected 8 Material. A Party that seeks to file under seal any Protected Material must comply 9 with Civil Local 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 at 11 issue. If a Party's request to file Protected Material under seal is denied by the Court, 12 then the Receiving Party may file the information in the public record unless 13 otherwise instructed by the Court. 14 13. FINAL DISPOSITION 15 After the final disposition of this Action, as defined in section 4 above, within 16 60 days of a written request by the Designating Party, each Receiving Party must 17 return all Protected Material to the Producing Party or destroy such material. As 18 used in this subdivision, “all Protected Material” includes all copies, abstracts, 19 compilations, summaries, and any other format reproducing or capturing any of the 20 Protected Material. Whether the Protected Material is returned or destroyed, the 21 Receiving Party must submit a written certification to the Producing Party (and, if 22 not the same person or entity, to the Designating Party) by the 60 day deadline that 23 (1) identifies (by category, where appropriate) all the Protected Material that was 24 returned or destroyed and (2) affirms that the Receiving Party has not retained any 25 copies, abstracts, compilations, summaries or any other format reproducing or 26 capturing any of the Protected Material. Notwithstanding this provision, counsel are 27 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 1 exhibits, expert reports, attorney work product, and consultant and expert work 2 product, even if such materials contain Protected Material. Any such archival copies 3 that contain or constitute Protected Material remain subject to this Protective Order 4 as set forth in Section 4 (DURATION) above. 5 14. VIOLATION 6 Any violation of this Order may be punished by any and all appropriate 7 measures including, without limitation, contempt proceedings and/or monetary 8 sanctions. 9 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 10 Dated: March 30, 2021 11 By: /s/ K. Chike Odiwe 12 K. Chike Odiwe Attorneys for Plaintiff 13 14 Dated: March 30, 2021 COLE HUBER LLP 15 16 By: /s/ Sean De Burgh 17 Sean De Burgh Attorneys for Defendants 18 19 ORDER 20 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 21 IT IS FURTHER ORDERED THAT: 22 1. Requests to seal documents shall be made by motion before the same judge who will 23 decide the matter related to that request to seal. 24 2. The designation of documents (including transcripts of testimony) as confidential 25 pursuant to this order does not automatically entitle the parties to file such a document with the court 26 under seal. Parties are advised that any request to seal documents in this district is governed by 27 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written 1 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 2 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 3 requested duration, the identity, by name or category, of persons to be permitted access to the 4 document, and all relevant information.” L.R. 141(b). 5 3. A request to seal material must normally meet the high threshold of showing that 6 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 7 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 8 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 9 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 10 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 11 certain documents, at any court hearing or trial – such determinations will only be made by the court 12 at the hearing or trial, or upon an appropriate motion. 13 5. With respect to motions regarding any disputes concerning this protective order which 14 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 15 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis 16 or on shortened time. 17 6. The parties may not modify the terms of this Protective Order without the court’s 18 approval. If the parties agree to a potential modification, they shall submit a stipulation and 19 proposed order for the court’s consideration. 20 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 21 of the terms of this Protective Order after the action is terminated. 22 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 23 hereby DISAPPROVED. 24 DATED: April 1, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 25 26 27 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 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Eastern 7 District of California on _________[date] in the case of Cherish Thomas v. City of 8 Rio Vista, et al. Case No: 2:20-cv-00899-KJM-DB. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Eastern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print or 18 type full name] of _______________________________________ [print or type 19 full address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 Dated this ___ day of ____, 20__ at _____________[city], California. 23 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27