Phillips v. Dollar Tree Distribution, Inc. ( 2021 )

1 A Limited Liability Partnership Including Professional Corporations 2 BROOKE S. PURCELL, Cal. Bar No. 260058 Four Embarcadero Center, 17th Floor 3 San Francisco, California 94111-4109 Telephone: 415.434.9100 4 Facsimile: 415.434.3947 Email: bpurcell@sheppardmullin.com 5 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 6 A Limited Liability Partnership Including Professional Corporations 7 Y. DOUGLAS YANG, Cal. Bar No. 307550 333 South Hope Street, 43rd Floor 8 Los Angeles, California 90071-1422 Telephone: 213.620.1780 9 Facsimile: 213.620.1398 Email: dyang@sheppardmullin.com 10 Attorneys for Defendant 11 DOLLAR TREE DISTRIBUTION, INC. 12 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 DORAN PHILLIPS, an individual, Case No. 2:20-cv-01567-KJM-KJN 18 Plaintiff, STIPULATED PROTECTIVE ORDER 19 v. 20 DOLLAR TREE DISTRIBUTION, INC., a Complaint Filed: May 27, 2020 21 Virginia Corporation; and DOES 1-50, Trial Date: None Set inclusive, 22 Defendant. 23 24 25 26 27 28 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 disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures 7 or responses to discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 10 this Stipulated Protective Order does not entitle them to file confidential information under seal; 11 Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be 12 applied when a party seeks permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or 15 items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 18 Civil Procedure 26(c). 19 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 20 as their support staff). 21 2.4 Designating Party: a Party or Non-Party that designates information or items that it 22 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 23 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 24 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 25 transcripts, and tangible things), that are produced or generated in disclosures or responses to 26 discovery in this matter. 27 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 28 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 1 consultant in this action. 2 2.7 House Counsel: attorneys who are employees of a party to this action. House 3 Counsel does not include Outside Counsel of Record or any other outside counsel. 4 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 5 entity not named as a Party to this action. 6 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 7 but are retained to represent or advise a party to this action and have appeared in this action on 8 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 9 2.10 Party: any party to this action, including all of its officers, directors, employees, 10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 11 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 12 Material in this action. 13 2.12 Professional Vendors: persons or entities that provide litigation support services 14 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 15 storing, or retrieving data in any form or medium) and their employees and subcontractors. 16 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 17 “CONFIDENTIAL.” 18 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 19 Producing Party. 20 3. SCOPE 21 Any Party may designate documents as “CONFIDENTIAL” upon making a good faith 22 determination that the documents contain information protected from disclosure by statute or that 23 should be protected from disclosure as confidential personal information, medical or psychiatric 24 information, trade secrets, personnel records, confidential business records, including but not limited 25 to, company policies, or such other sensitive commercial information that is not publicly available. 26 The protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 28 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 1 publication not involving a violation of this Order, including becoming part of the public record 2 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 3 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating Party. 5 The protections conferred by this Stipulation and Order cover not only Protected Material (as 6 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 7 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 8 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by a separate agreement or order. 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations imposed by this 12 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 13 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 14 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 15 and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, including the 16 time limits for filing any motions or applications for extension of time pursuant to applicable law. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 19 Non-Party that designates information or items for protection under this Order must take care to 20 limit any such designation to specific material that qualifies under the appropriate standards. The 21 Designating Party must designate for protection only those parts of material, documents, items, or 22 oral or written communications that qualify – so that other portions of the material, documents, 23 items, or communications for which protection is not warranted are not swept unjustifiably within 24 the ambit of this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 26 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 27 encumber or retard the case development process or to impose unnecessary expenses and burdens on 28 other parties) expose the Designating Party to sanctions. 1 If it comes to a Designating Party’s attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 3 that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents or materials available for inspection need not 15 designate them for protection until after the inspecting Party has indicated which material it would 16 like copied and produced. During the inspection and before the designation, all of the material made 17 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 18 identified the documents it wants copied and produced, the Producing Party must determine which 19 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 20 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 21 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 23 appropriate markings in the margins). 24 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 25 Designating Party identify on the record, before the close of the deposition, hearing, or other 26 proceeding, all protected testimony. 27 (c) for information produced in some form other than documentary and for any other 28 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 1 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 2 portion or portions of the information or item warrant protection, the Producing Party, to the extent 3 practicable, shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 8 accordance with the provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 11 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 12 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 13 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 14 confidentiality designation by electing not to mount a challenge promptly after the original 15 designation is disclosed. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 17 by providing written notice of each designation it is challenging and describing the basis for each 18 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 19 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 20 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 21 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 22 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 23 Party must explain the basis for its belief that the confidentiality designation was not proper and 24 must give the Designating Party an opportunity to review the designated material, to reconsider the 25 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 26 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 27 has engaged in this meet and confer process first or establishes that the Designating Party is 28 unwilling to participate in the meet and confer process in a timely manner. 1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 2 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 3 Local Rule 230 (and in compliance with Civil Local Rule 141, if applicable) within 21 days of the 4 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 5 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 6 competent declaration affirming that the movant has complied with the meet and confer 7 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 8 motion including the required declaration within 21 days (or 14 days, if applicable) shall 9 automatically waive the confidentiality designation for each challenged designation. In addition, the 10 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 11 good cause for doing so, including a challenge to the designation of a deposition transcript or any 12 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 13 competent declaration affirming that the movant has complied with the meet and confer 14 requirements imposed by the preceding paragraph. 15 The burden of persuasion in any such challenge proceeding shall be on the Designating 16 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 17 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 18 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 19 retain confidentiality as described above, all parties shall continue to afford the material in question 20 the level of protection to which it is entitled under the Producing Party’s designation until the court 21 rules on the challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 24 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 25 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 26 the categories of persons and under the conditions described in this Order. When the litigation has 27 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 28 DISPOSITION). 1 Protected Material must be stored and maintained by a Receiving Party at a location and in a 2 secure manner that ensures that access is limited to the persons authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 4 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 7 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 8 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 9 attached hereto as Exhibit A; 10 (b) the officers, directors, and employees (including House Counsel) of the Receiving 11 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 14 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 15 to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 21 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 22 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 24 bound by the court reporter and may not be disclosed to anyone except as permitted under this 25 Stipulated Protective Order. 26 (g) the author or recipient of a document containing the information or a custodian or 27 other person who otherwise possessed or knew the information. 28 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2 LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 5 must: 6 (a) promptly notify in writing the Designating Party. Such notification shall include a 7 copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 9 other litigation that some or all of the material covered by the subpoena or order is subject to this 10 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 11 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 12 Designating Party whose Protected Material may be affected. 13 If the Designating Party timely seeks a protective order, the Party served with the subpoena 14 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 15 before a determination by the court from which the subpoena or order issued, unless the Party has 16 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 17 expense of seeking protection in that court of its confidential material – and nothing in these 18 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 19 disobey a lawful directive from another court. 20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 21 LITIGATION 22 (a) The terms of this Order are applicable to information produced by a Non-Party in this 23 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 24 connection with this litigation is protected by the remedies and relief provided by this Order. 25 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 26 protections. 27 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 28 Party’s confidential information in its possession, and the Party is subject to an agreement with the 1 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 2 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 3 all of the information requested is subject to a confidentiality agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 5 this litigation, the relevant discovery request(s), and a reasonably specific description of the 6 information requested; and 7 (3) make the information requested available for inspection by the Non-Party. 8 (c) If the Non-Party fails to object or seek a protective order from this court within 14 9 days of receiving the notice and accompanying information, the Receiving Party may produce the 10 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 11 seeks a protective order, the Receiving Party shall not produce any information in its possession or 12 control that is subject to the confidentiality agreement with the Non-Party before a determination by 13 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 14 seeking protection in this court of its Protected Material. 15 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 17 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 18 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 19 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 20 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 21 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 22 Be Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 24 MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 26 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 27 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 28 modify whatever procedure may be established in an e-discovery order that provides for production 1 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 2 parties reach an agreement on the effect of disclosure of a communication or information covered by 3 the attorney-client privilege or work product protection, the parties may incorporate their agreement 4 in the stipulated protective order submitted to the court. 5 12. MISCELLANEOUS 6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 7 its modification by the court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 9 no Party waives any right it otherwise would have to object to disclosing or producing any 10 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 11 Party waives any right to object on any ground to use in evidence of any of the material covered by 12 this Protective Order. 13 12.3 Filing Protected Material. Without written permission from the Designating Party or a 14 court order secured after appropriate notice to all interested persons, a Party may not file in the 15 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 16 Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 17 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 18 to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 19 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 20 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local 21 Rule 141 is denied by the court, then the Receiving Party may file the information in the public 22 record unless otherwise instructed by the court. 23 13. FINAL DISPOSITION 24 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 25 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 26 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 28 the Protected Material is returned or destroyed, the Receiving Party must submit a written 1 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 2 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 3 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 5 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 6 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 7 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 8 and expert work product, even if such materials contain Protected Material. Any such archival copies 9 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 10 Section 4 (DURATION). 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 DATED: June 29, 2021 _/s/ Christopher G. Wilhelmi (As authorized on 06/28/21)_ Attorneys for Plaintiff 14 15 16 DATED: June 29, 2021 _____/s/ Brooke S. Purcell__________________________ Attorneys for Defendant 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 The court has reviewed the parties’ resubmission of the stipulated protective order. (See 3 ECF No. 19). This version of the protective order lists categories of information sought to be 4 || protected (see Section 3 above), and otherwise comports with the relevant authorities and the 5 court’s applicable local rule. See L.R. 141.1(c);! see also Phillips ex rel. Estates of Byrd v. Gen. 6 || Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (requiring a showing of good cause for 7 || protective orders). Therefore, the court APPROVES the protective order subject to the following 8 clarification. This court’s Local Rules indicate that once this action is closed, “unless otherwise 9 || ordered, the court will not retain jurisdiction over enforcement of the terms of any protective order 10 || filed in that action.” L.R. 141.1(f). Courts in the district generally do not agree to retain 11 || jurisdiction for disputes concerning protective orders after closure of the case. See, e.g., MD 12 Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017). Thus, the court 13 || will not retain jurisdiction over this protective order once the case is closed. 14 || Dated: July 1, 2021 7 ders h 16 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 17 phil. 1567 18 19 20 21 22 23 24 ' The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: (1) A description of the types of information eligible for protection under the order, with the 25 description provided in general terms sufficient to reveal the nature of the information (e.g., customer list, formula for soda, diary of a troubled child); (2) A showing of particularized need for protection as to each category of information proposed to be covered by the order; and 7 (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 among the parties. 28 || Local Rule 141.1(c). SMRH:4847-8235-0320.1 -13- Case No. 2:20-cv-01567-KJM-K STIPULATED PROTECTIVE ORDI 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on [date] in the case of Doran Phillips v. Dollar Tree Distribution, Inc., et al., 7 Eastern District of California, Case No. 2:20-cv-01567-KJM-KJN. I agree to comply with and to be 8 bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 9 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of 12 this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District 14 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] as 18 my California agent for service of process in connection with this action or any proceedings related 19 to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28