Luna v. Pulsipher ( 2023 )

1 NOAH G. BLECHMAN (State Bar No. 197167) noah.blechman@mcnamaralaw.com 2 JOHN J. SWAFFORD (State Bar No. 321174) John.Swafford@McNamaraLaw.com 3 MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP 4 3480 Buskirk Avenue, Suite 250 Pleasant Hill, CA 94523 5 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 6 Attorneys for Defendants 7 TERENCE BROWNRIDGE, RUSSELL TAYLOR, and JOSHUA SMITH 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 LEONOR ESTELA LUNA and JOSH No. 2:22-cv-1833 DB LUNA, 13 STIPULATED PROTECTIVE ORDER Plaintiffs, PURSUANT TO CIVIL LOCAL RULE 14 141.1 vs. 15 TERENCE BROWNRIDGE, RUSSELL 16 TAYLOR, and JOSHUA SMITH in their individual capacities and in their official 17 capacities as police officers for CITY OF FAIRFIELD; and DOES 3-50, inclusive, 18 individually and in their official capacities as peace officers for CITY OF 19 FAIRFIELD, jointly and severally, 20 Defendants. 21 22 The parties, by and through their respective attorneys of record, hereby stipulate to the 23 following protective order being issued in this matter. 24 1. PURPOSES AND LIMITATIONS 25 Disclosure and discovery activity in this action are likely to involve production of 26 confidential, proprietary, or private information for which special protection from public disclosure 27 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 28 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 1 Order. The parties acknowledge that this Order does not confer blanket protections on all 2 disclosures or responses to discovery and that the protection it affords from public disclosure and 3 use extends only to the limited information or items that are entitled to confidential treatment under 4 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 5 that this Stipulated Protective Order does not entitle them to file confidential information under 6 seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards that 7 will be applied when a party seeks permission from the court to file material under seal. 8 2. DEFINITIONS 9 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 10 information or items under this Order. 11 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 12 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 13 Civil Procedure 26(c), and for which public disclosure is likely to result in particularized harm or 14 violate privacy interests recognized by law. 15 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 16 as their support staff). 17 2.4 Designating Party: a Party or Non-Party that designates information or items that it 18 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 19 2.5 Disclosure or Discovery Material: all items or information, regardless of the 20 medium or manner in which it is generated, stored, or maintained (including, among other things, 21 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 22 responses to discovery in this matter. 23 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 24 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 25 consultant in this action. 26 2.7 House Counsel: attorneys who are employees of a party to this action. House 27 Counsel does not include Outside Counsel of Record or any other outside counsel. 28 1 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 2 entity not named as a Party to this action. 3 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 4 but are retained to represent or advise a party to this action and have appeared in this action on 5 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 6 2.10 Party: any party to this action, including all of its officers, directors, employees, 7 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 8 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 9 Material in this action. 10 2.12 Professional Vendors: persons or entities that provide litigation support services 11 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 12 storing, or retrieving data in any form or medium) and their employees and subcontractors. 13 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 14 “CONFIDENTIAL.” 15 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 16 Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only Protected Material 19 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 20 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 21 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 22 However, the protections conferred by this Stipulation and Order do not cover the following 23 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 24 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 25 publication not involving a violation of this Order, including becoming part of the public record 26 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 27 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 28 1 information lawfully and under no obligation of confidentiality to the Designating Party. Any use 2 of Protected Material at trial shall be governed by a separate agreement or order 3 4. DURATION 4 Even after final disposition of this litigation, the confidentiality obligations imposed by this 5 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 6 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 7 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 8 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 9 time limits for filing any motions or applications for extension of time pursuant to applicable law 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 12 Non-Party that designates information or items for protection under this Order must take care to 13 limit any such designation to specific material that qualifies under the appropriate standards. The 14 Designating Party must designate for protection only those parts of material, documents, items, or 15 oral or written communications that qualify – so that other portions of the material, documents, 16 items, or communications for which protection is not warranted are not swept unjustifiably within 17 the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 19 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 20 encumber or retard the case development process or to impose unnecessary expenses and burdens 21 on other parties) expose the Designating Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it designated for 23 protection do not qualify for protection, that Designating Party must promptly notify all other 24 Parties that it is withdrawing the mistaken designation. 25 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 26 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 27 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 28 designated before the material is disclosed or produced. 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 3 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 4 legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions 5 of the material on a page qualifies for protection, the Producing Party also must clearly identify the 6 protected portion(s) (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents or materials available for inspection 8 need not designate them for protection until after the inspecting Party has indicated which material 9 it would like copied and produced. During the inspection and before the designation, all of the 10 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 11 Party has identified the documents it wants copied and produced, the Producing Party must 12 determine which documents, or portions thereof, qualify for protection under this Order. Then, 13 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 14 legend to each page that contains Protected Material. If only a portion or portions of the material 15 on a page qualifies for protection, the Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 18 Designating Party identify on the record, before the close of the deposition, hearing, or other 19 proceeding, all protected testimony. 20 (c) for information produced in some form other than documentary and for any other 21 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 22 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If the 23 information is produced electronically, then the “CONFIDENTIAL” must appear in the name of 24 each electronic file containing confidentially designated information. If only a portion or portions 25 of the information or item warrant protection, the Producing Party, to the extent practicable, shall 26 identify the protected portion(s). 27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 28 designate qualified information or items does not, standing alone, waive the Designating Party’s 1 right to secure protection under this Order for such material. Upon timely correction of a 2 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 3 in accordance with the provisions of this Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 6 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 7 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 8 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 9 challenge a confidentiality designation by electing not to mount a challenge promptly after the 10 original designation is disclosed. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 12 by providing written notice of each designation it is challenging and describing the basis for each 13 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 14 recite that the challenge to confidentiality is being made in accordance with the Protective Order. 15 The parties shall attempt to resolve each challenge in good faith and must begin the process by 16 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) 17 within 14 days of the date of service of notice. In conferring, the Challenging Party must explain 18 the basis for its belief that the confidentiality designation was not proper and must give the 19 Designating Party an opportunity to review the designated material, to reconsider the 20 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 21 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 22 has engaged in this meet and confer process first or establishes that the Designating Party is 23 unwilling to participate in the meet and confer process in a timely manner. 24 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 25 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 26 Local Rule 7 (and in compliance with Civil Local Rule 141, if applicable) within 21 days of the 27 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 28 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 1 competent declaration affirming that the movant has complied with the meet and confer 2 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 3 motion including the required declaration within 21 days (or 14 days, if applicable) shall 4 automatically waive the confidentiality designation for each challenged designation. In addition, 5 the Challenging Party may file a motion challenging a confidentiality designation at any time if 6 there is good cause for doing so, including a challenge to the designation of a deposition transcript 7 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a 8 competent declaration affirming that the movant has complied with the meet and confer 9 requirements imposed by the preceding paragraph. 10 The burden of persuasion in any such challenge proceeding shall be on the Designating 11 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 12 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 13 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 14 to retain confidentiality as described above, all parties shall continue to afford the material in 15 question the level of protection to which it is entitled under the Producing Party’s designation until 16 the court rules on the challenge. 17 7. ACCESS TO AND USE OF PROTECTED MATERIAL 18 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 19 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 20 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 21 the categories of persons and under the conditions described in this Order. When the litigation has 22 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a location and in 25 a secure manner that ensures that access is limited to the persons authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 27 by the court or permitted in writing by the Designating Party, a Receiving Party(ies), all parties 28 may disclose any information or item designated “CONFIDENTIAL” only to: 1 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 2 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 3 for this litigation and who have signed “Acknowledgment and Agreement to Be Bound” that is 4 attached hereto as Exhibit A; 5 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party 6 to whom disclosure is reasonably necessary for this litigation and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 9 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 10 to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 16 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 17 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 19 bound by the court reporter and may not be disclosed to anyone except as permitted under this 20 Stipulated Protective Order. 21 (g) the author or recipient of a document containing the information or a custodian or other 22 person who otherwise possessed or knew the information. 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 24 LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation that compels 26 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 27 must: 28 1 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 2 of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 4 other litigation that some or all of the material covered by the subpoena or order is subject to this 5 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with the subpoena 9 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 10 before a determination by the court from which the subpoena or order issued, unless the Party has 11 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 12 expense of seeking protection in that court of its confidential material – and nothing in these 13 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 14 disobey a lawful directive from another court. 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 16 LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non-Party in this 18 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 19 connection with this litigation is protected by the remedies and relief provided by this Order. 20 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 21 protections. 22 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 23 Party’s confidential information in its possession, and the Party is subject to an agreement with the 24 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 26 all of the information requested is subject to a confidentiality agreement with a Non-Party; 27 28 1 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 2 in this litigation, the relevant discovery request(s), and a reasonably specific description of 3 the information requested; and 4 (3) make the information requested available for inspection by the Non-Party. 5 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 6 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 7 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 8 a protective order, the Receiving Party shall not produce any information in its possession or control 9 that is subject to the confidentiality agreement with the Non-Party before a determination by the 10 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 11 seeking protection in this court of its Protected Material. 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 14 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 15 the Receiving Party must immediately (a) notify in writing the Designating Party of the 16 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 17 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 18 terms of this Order, and (d) request such person or person to execute the “Acknowledgment and 19 Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 21 MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain inadvertently 23 produced material is subject to a claim of privilege or other protection, the obligations of the 24 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 25 is not intended to modify whatever procedure may be established in an e-discovery order that 26 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 27 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 28 1 information covered by the attorney-client privilege or work product protection, the parties may 2 incorporate their agreement in the stipulated protective order submitted to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 5 seek its modification by the court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 7 no Party waives any right it otherwise would have to object to disclosing or producing any 8 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 9 Party waives any right to object on any ground to use in evidence of any of the material covered by 10 this Protective Order. 11 12.3 Filing Protected Material. Without written permission from the Designating Party or 12 a court order secured after appropriate notice to all interested persons, a Party may not file in the 13 public record in this action any Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 15 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 16 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing 17 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 18 to protection under the law. If a Receiving Party's request to file Protected Material under seal 19 pursuant to Civil Local Rule 141(b) is denied by the court, then the Receiving Party may file the 20 information in the public record pursuant to Civil Local Rule 141(e)(1) unless otherwise instructed 21 by the court. 22 13. FINAL DISPOSITION 23 Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving 24 Party must return all Protected Material to the Producing Party or destroy such material. As used 25 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, 26 and any other format reproducing or capturing any of the Protected Material. Whether the Protected 27 Material is returned or destroyed, the Receiving Party must submit a written certification to the 28 Producing Party (and, if not the same person or entity, to the Designating Party) 1 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 2 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 3 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 4 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 5 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 6 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 7 and expert work product, even if such materials contain Protected Material. Any such archival 8 copies that contain or constitute Protected Material remain subject to this Protective Order as set 9 forth in Section 4 (DURATION). 10 I hereby attest that concurrence in the filing of these documents has been obtained from each of 11 the other Signatories, which shall serve in lieu of their signatures on the document. 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 Dated: November 1, 2023 LAW OFFICES OF JUSTIN KIRK TABAYOYON 15 16 By: /s/ Justin K. Tabayoyon Justin K. Tabayoyon 17 Attorneys for Plaintiffs Leonor Estella Luna and Josh Luna 18 19 20 Dated: November 1, 2023 MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP 21 22 By: /s/ Noah G. Blechman 23 Noah G. Blechman John J. Swafford 24 Attorneys for Defendants TERENCE BROWNRIDGE, RUSSELL TAYLOR, 25 and JOSHUA SMITH 26 27 28 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 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the 8 court under seal. Parties are advised that any request to seal documents in this district is governed 9 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 the requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and 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 21 certain documents, at any court hearing or trial – such determinations will only be made by the 22 court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 the 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 //// 28 //// 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 of 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 3, 2023 /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 28 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 that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on _______________ [date] in the case of Leonor Estella Luna 7 and Josh Luna v. Terrence Brownridge, et al., Case No. C22-01833 DB. I agree to comply with 8 and to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature 10 of contempt. I solemnly promise that I will not disclose in any manner any information or item that 11 is subject to this Stipulated Protective Order to any person or entity except in strict compliance with 12 the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such 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] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28