Mack v. City of Sacramento ( 2020 )

1 SUSANA ALCALA WOOD, City Attorney (SBN 156366) ANDREA M. VELASQUEZ, Senior Deputy City Attorney (SBN 249210) 2 AVelasquez@cityofsacramento.org CITY OF SACRAMENTO 3 915 I Street, Room 4010 Sacramento, CA 95814-2608 4 Telephone: (916) 808-5346 Facsimile: (916) 808-7455 5 Attorneys for the CITY OF SACRAMENTO, MICHAEL CASE, 6 ALEXANDER WAGSTAFF 7 Kevin W. Harris, SBN 133084 Attorney at Law 8 1387 Garden Hwy., Ste 200 Sacramento, CA 95833 9 Tel: (916) 271-0688 Fax: (855) 800-4454 10 Ryan P. Friedman, SBN 252244 11 Friedman Law Firm Inc. 1383 Garden Hwy, Ste 200 12 Sacramento, CA 95833 Tel: (916) 800-4454 13 Fax: (855) 800-4454 14 Attorneys for JASON ALLEN MACK 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 JASON ALLEN MACK, No. 2:18-cv-02863-KJM-DB 20 STIPULATION FOR PROTECTIVE Plaintiff, 21 ORDER AND PROTECTIVE ORDER 22 vs. 23 CITY OF SACRAMENTO; SACRAMENTO POLICE 24 DEPARTMENT; SACRAMENTO POLICE OFFICER MICHAEL CASE 25 (Badge No. 667); SACRAMENTO POLICE 26 OFFICER ALEXANDER WAGSTAFF (Badge No. 922); and DOES 1-40, inclusive, 27 Defendants. 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does not 7 confer blanket protections on all disclosures or responses to discovery and that the protection 8 it affords from public disclosure and use extends only to the limited information or items that 9 are entitled to confidential treatment under the applicable legal principles. The parties further 10 acknowledge, as set forth in Section 12.3 below, that this stipulated Protective Order does not 11 entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the 12 procedures that must be followed and the standards that will be applied when a party seeks 13 permission from the court to file material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: A Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 CONFIDENTIAL Information or Items: Information (regardless of how it is 18 generated, stored, or maintained) or tangible things that qualify for protection under Federal 19 Rules of Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 21 well as their support staff) 22 2.4 Designating Party: A Party or Non-Party that designates information or items 23 that it produces in disclosures or in responses to discovery as CONFIDENTIAL. 24 2.5 Disclosure or Discovery Material: All items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other 26 things, testimony, transcripts, and tangible things) that are produced or generated in 27 disclosures or responses to discovery in this matter. 1 2.6 Expert: A person with specialized knowledge or experience in a matter pertinent 2 to the litigation who has been retained by a Party or its counsel to serve as an expert witness 3 or as a consultant in this action. 4 2.7 House Counsel: Attorneys who are employees of a party to this action. House 5 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.8 Non-Party: Any natural person, partnership, corporation, association, or other 7 legal entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: Attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this 10 action on behalf of that party or are affiliated with a law firm which has appeared on behalf o 11 the party. 12 2.10 Party: Any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record, and their support staffs. 14 2.11 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 15 material in this action. 16 2.12 Professional Vendors: Persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, transcribing, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) and their 19 employees and subcontractors. 20 2.13 Protected Material: Any Disclosure or Discovery Material that is designated as 21 CONFIDENTIAL. 22 2.14. Receiving Party: A Party that receives Disclosure or Discovery Material from a 23 Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only Protected Material 26 but also (1) any information copied or extracted from Protected Material; (2) all copies, 27 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 1 However, the protections conferred by this Stipulation and Order do not cover the following 2 information: (a) any information that is in the public domain at the time of disclosure to a 3 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party 4 as a result of publication not involving a violation of this Order, including becoming part of 5 the public record through trial or otherwise; and (b) any information known to the Receiving 6 Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a 7 source who obtained the information lawfully and under no obligation of confidentiality to the 8 Designating Party. Any use of Protected Material at trial shall be governed by a separate 9 agreement or order. 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations imposed by 12 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 13 order otherwise directs. Final disposition shall be deemed to be the alter of (1) dismissal of all 14 claims and defenses in this action, with or without prejudice; and (2) final judgment herein 15 after the completion and exhaustion of all appeals, rehearings, remains, trials, or reviews of 16 this action, including the time limits for filing any motions or applications for extension of 17 time pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection: Each Party 20 or Non-Party that designates information or items for protection under this Order must take 21 care to limit any such designation to specific material that qualifies under the appropriate 22 standards. The Designating Party must designate for protection only those parts of material, 23 documents, items, or oral or written communications that qualify – so that other portions of 24 the material, documents, items, or communications for which protection is not warranted are 25 not swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routine designations are prohibited. Designations that are shown 27 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 1 burdens on other parties) expose the Designating Party to sanctions. If is comes to a 2 Designating Party’s attention that information or items that it designated for protection do not 3 qualify for protection, that Designating Party must promptly notify all other Parties that it is 4 withdrawing the mistaken designation. 5 5.2 Manner and Timing of Designations: Except as otherwise provided in this Order 6 or as otherwise stipulated or ordered, Disclosure of Discovery Material that qualifies for 7 protection under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) For information in documentary form: (e.g. paper or electronic documents, 11 but excluding transcripts of deposition or other pretrial or trial proceedings), that the Producing 12 Party affix the legend CONFIDENTIAL to each page that contains Protected Material. If 13 only a portion or portions of the material on a page qualifies for protection, the Producing 14 Party also must clearly identify the protected portions(s). 15 A Party or Non-Party that makes original documents or materials available for inspection 16 need not designate them for protection until after the inspecting Party has indicated which 17 material it would like copied and produced. During the inspection and before the designation, 18 all of the material made available for inspection shall be deemed CONFIDENTIAL. After 19 the inspecting Party has identified the documents it wants copied and produced, the Producing 20 Party must determine which documents, or portions of documents qualify for protection under 21 this Order. Then, before producing the specified documents, the Producing Party must affix 22 the CONFIDENTIAL legend to each page that contains Protected Material. If only a portion 23 or portions of the material on a page qualifies for protection, the Producing Party also must 24 clearly identify the protected portions(s). 25 (b) For testimony given in a deposition or in other pretrial proceedings: that 26 the Designating Party identify on the record, before the close of the deposition, hearing or 27 other proceeding, all protected testimony. 1 (c) For information produced in some form other than documentary and for 2 any other tangible items: That the Producing Party affix in a prominent place on the exterior 3 of the container or containers in which the information or items warrant protection, the 4 Producing Party, to the extent practicable, shall identify the protected portion(s). 5 5.3 Inadvertent Failures to Designate: If timely corrected, an inadvertent failure to 6 designate qualified information or items does not, standing alone, waive the Designating 7 Party’s right to secure protection under this Order for such material. Upon timely correction 8 of a designation, the Receiving Party must make reasonable efforts to assure that the material 9 is treated in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges: Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right 15 to challenge a confidentiality designation by electing not to mount a challenge promptly after 16 the original designation is disclosed. 17 6.2 Meet and Confer: The Challenging Party shall initiate the dispute resolution 18 process by providing written notice of each designation it is challenging and describing the 19 basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the 20 written notice must recite that the challenge to confidentiality is being made in accordance 21 with this specific paragraph of the Protective Order. The parties shall attempt to resolve each 22 challenge in good faith and must begin the process by conferring directly (in voice to voice 23 dialogue; other forms of communications are not sufficient) within 14 days of the date of 24 service of notice. In conferring, the Challenging Party must explain the basis for its belief that 25 the confidentiality designation was improper and must give the Designating party and 26 opportunity to review the designated material, to reconsider the circumstances, and, if no 27 change in designation is offered, to explain the basis for the chosen designation. A Challenging 1 and confer process first or establishes that the Designating Party is unwilling to participate in 2 the meet and confer process in a timely manner. 3 6.3 Judicial Intervention: If the Parties cannot resolve a challenge without court 4 intervention, the Designating Party shall file and serve a motion to retain confidentiality, (in 5 compliance with Civil Local Rule 141, if applicable) within 21 days of the initial notice of 6 challenge or within 14 days of the parties agreeing that the meet and confer process will not 7 resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 8 competent declaration affirming that the movant has complied with the meet and confer 9 requirements imposed in the preceding paragraph. Failure by the Designating Party to make 10 such a motion including the required declaration within 21 days (or 14 days, if applicable) shall 11 automatically waive the confidentiality designation for each challenged designation. In 12 addition, the Challenging Party may file a motion challenging a confidentiality designation at 13 any time if there is good cause for doing so, including a challenge to the designation of a 14 deposition transcript or any portions thereof. Any motion brought pursuant to this provision 15 must be accompanied by a competent declaration affirming that the movant has complied with 16 the meet and confer requirements imposed by the preceding paragraph. 17 The burden of persuasion in any such challenge proceeding shall be on the Designating 18 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 19 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 20 sanctions. Unless the Designating Party has waived the confidentiality designation by failing 21 to file a motion to retain confidentiality as described above, all parties shall continue to afford 22 the material in question the level of protection to which it is entitled under the Producing 23 Party’s designation until the court rules on the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 Basic Principles: A Receiving Party may use Protected Material that is disclosed or 26 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 27 defending, or attempting to settle this litigation. Such Protected Material may be disclosed 1 litigation has been terminated, a Receiving Party must comply with the provisions of section 2 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and 4 in a secure manner that ensures that access is limited to the persons authorized under this 5 Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items: Unless otherwise ordered by 7 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 employees 10 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 11 information for this litigation and who have signed the “Acknowledgment and Agreement to 12 Be Bound” that is attached hereto as Exhibit A; 13 (b) the officers, directors, and employees (including House Counsel) of the Receiving 14 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 17 reasonably necessary for this litigation and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 21 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 22 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 24 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 25 A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 26 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must 27 be separately bound by the court reporter and may not be disclosed to anyone except as 1 (g) the author or recipient of a document containing the information or a custodian or 2 other person who otherwise possessed or knew the information. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 4 OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 7 Party must: 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 9 of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 11 other litigation that some or all of the material covered by the subpoena or order is subject to 12 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 13 and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 15 Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with the 17 subpoena or court order shall not produce any information designated in this action as 18 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 19 issued, unless the Party has obtained the Designating Party’s permission. The Designating 20 Party shall bear the burden and expense of seeking protection in that court of its confidential 21 material – and nothing in these provisions should be construed as authorizing or encouraging 22 a Receiving Party in this action to disobey a lawful directive from another court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 24 THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non-Party in this 26 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 27 connection with this litigation is protected by the remedies and relief provided by this Order. 1 additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 3 Party’s confidential information in its possession, and the Party is subject to an agreement with 4 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party that some 6 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 8 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 9 information requested; and 10 (3) make the information requested available for inspection by the Non-Party. 11 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 12 of receiving the notice and accompanying information, the Receiving Party may produce the 13 Non-Party’s confidential information responsive to the discovery request. If the Non-Party 14 timely seeks a protective order, the Receiving Party shall not produce any information in its 15 possession or control that is subject to the confidentiality agreement with the Non-Party before 16 a determination by the court. Absent a court order to the contrary, the Non-Party shall bear 17 the burden and expense of seeking protection in this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 20 Material to any person or in any circumstance not authorized under this Stipulated Protective 21 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 22 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 23 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 24 made of all the terms of this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 1 produced material is subject to a claim of privilege or other protection, the obligations of the 2 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 3 provision is not intended to modify whatever procedure may be established in an e-discovery 4 order that provides for production without prior privilege review. Pursuant to Federal Rule of 5 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 6 of a communication or information covered by the attorney-client privilege or work product 7 protection, the parties may incorporate their agreement in the stipulated protective order 8 submitted to the court. 9 12. MISCELLANEOUS 10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 11 its modification by the court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 13 no Party waives any right it otherwise would have to object to disclosing or producing any 14 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 15 no Party waives any right to object on any ground to use in evidence of any of the material 16 covered by this Protective Order. 17 12.3 Filing Protected Material. Without written permission from the Designating Party or 18 a court order secured after appropriate notice to all interested persons, a Party may not file in 19 the public record in this action any Protected Material. A Party that seeks to file under seal 20 any Protected Material must comply with Civil Local Rule 141. Protected Material may only 21 be filed under seal pursuant to a court order authorizing the sealing of the specific Protected 22 Material at issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a 23 request establishing that the Protected Material at issue is privileged, protectable as a trade 24 secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file 25 Protected Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the 26 Receiving Party may file the information in the public record pursuant to Civil Local Rule 141 27 unless otherwise instructed by the court. 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such 4 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 5 compilations, summaries, and any other format reproducing or capturing any of the Protected 6 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 7 submit a written certification to the Producing Party (and, if not the same person or entity, to 8 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 9 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 10 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other 11 format reproducing or capturing any of the Protected Material. Notwithstanding this 12 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 13 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial 14 exhibits, expert reports, attorney work product, and consultant and expert work product, even 15 if such materials contain Protected Material. Any such archival copies that contain or 16 constitute Protected Material remain subject to this Protective Order as set forth in Section 4 17 (DURATION). 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 DATED: October 27, 2020 SUSANA ALCALA WOOD, City Attorney 20 By: /s/ ANDREA M. VELASQUEZ 21 ANDREA M. VELASQUEZ 22 Senior Deputy City Attorney 23 Attorneys for Defendant, CITY OF SACRAMENTO 24 25 DATED: October 27, 2020 LAW OFFICE OF KEVIN HARRIS 26 By /s/ KEVIN W. HARRIS KEVIN W. HARRIS, ESQ. 27 Attorney for Plaintiff, JASON ALLEN 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will decide 5 the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential pursuant 7 to this order does not automatically entitle the parties to file such a document with the court under 8 seal. Parties are advised that any request to seal documents in this district is governed by Local 9 Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written order 10 of the court after a specific request to seal has been made. L.R. 141(a). However, a mere request 11 to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that “[t]he 12 ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the requested 13 duration, the identity, by name or category, of persons to be permitted access to the document, and 14 all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 19 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certain 21 documents, at any court hearing or trial – such determinations will only be made by the court at the 22 hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which the 24 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 25 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte 26 basis or on shortened time. 27 //// 1 6. The parties may not modify the terms of this Protective Order without the court’s approval. 2 If the parties agree to a potential modification, they shall submit a stipulation and proposed order 3 for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of 5 the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: November 2, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _________________________________, declare under penalty of perjury that I have 4 read in its entirety and understand the Stipulated Protective Order that was issued by the 5 United States District Court for the Eastern District of California on in the case of Jason Mack 6 v. City of Sacramento, et al. Case No.: 2:18-cv-02863-KJM-DB. I agree to comply with and to 7 be bound by all the terms of this Stipulated Protective Order and I understand and 8 acknowledge that failure to so comply could expose me to sanctions and punishment in the 9 nature of contempt. I solemnly promise that I will not disclose in any manner any information 10 or item that is subject to this Stipulated Protective Order to any person or entity except in strict 11 compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Eastern District of California for the purpose of enforcing the terms of this Stipulated 14 Protective Order, even if such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone 17 number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 Date: ______________________________________ 20 City and State where sworn and signed: _________________________________ 21 Printed name: _______________________________ 22 Signature: __________________________________ 23 24 25 26 27