Avalos-Aviles v. Red Robin International, Inc. ( 2023 )

Orlando Villalba (SBN 232165) 1 Orlando.Villalba@capstonelawyers.com Helga Hakimi (SBN 257381) 2 Helga.Hakimi@capstonelawyers.com Roxanna Tabatabaeepour (SBN 260187) 3 Roxanna.Taba@capstonelawyers.com Capstone Law APC 4 1875 Century Park East, Suite 1000 Los Angeles, California 90067 5 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 6 Attorneys for Plaintiff Jose Jesus Avalos-Aviles 7 Adam Y. Siegel (SBN 238568) 8 Adam.siegel@jacksonlewis.com Martin P. Vigodnier (SBN 311834) 9 Martin.vigodnier@jacksonlewis.com JACKSON LEWIS P.C. 10 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 11 Telephone: (213) 689-0404 Facsimile: (213) 689-0430 12 Attorneys for Defendant 13 RED ROBIN INTERNATIONAL, INC. 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 JOSE JESUS AVALOS-AVILES, 18 individually, and on behalf of other No. 2:22-cv-1257 DAD DB members of the general public 19 similarly situated, and as an STIPULATED PROTECTIVE ORDER aggrieved employee pursuant to the 20 Private Attorneys General Act (“PAGA”), 21 22 Plaintiff, 23 vs. 24 RED ROBIN INTERNATIONAL, INC. dba RED ROBIN BURGER 25 AND SPIRITS EMPORIUMS, a Nevada corporation; and DOES 1 26 through 10, inclusive, 27 1 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Discovery in this action may involve production of confidential, proprietary, or 4 private information for which special protection from public disclosure and from use 5 for any purpose other than prosecuting this litigation may be warranted. Accordingly, 6 the Parties hereby stipulate to and petition the Court to enter the following Stipulated 7 Protective Order. The Parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or items that are 10 entitled to confidential treatment under applicable legal principles. The Parties further 11 acknowledge, as set forth in Section 12.3 below, that this Order does not entitle them to 12 file Confidential Information under seal; Civil Local Rule 141 sets forth the procedures 13 that must be followed and the standards that will be applied when a Party seeks 14 permission from the Court to file material under seal. 15 1.2 GOOD CAUSE STATEMENT 16 As a wage and hour class action, this action is likely to involve discovery of 17 putative class members’ contact information and other sensitive information in which 18 the putative class members have a legally protected privacy interest under the California 19 Constitution. See, e.g., Belaire-West Landscape, Inc. v. Superior Court, 149 Cal. App. 20 4th 554 (2007). This action may additionally involve discovery of records that include 21 customer and pricing lists and other valuable research, development, commercial, 22 financial and proprietary information for which special protection from public 23 disclosure and from use for any purpose other than prosecution of this action is 24 warranted. Such confidential and proprietary materials and information consist of, 25 among other things, confidential business or financial information, tax filings, 26 information regarding confidential business practices, and other confidential research, 27 development, or commercial information, information otherwise generally unavailable 1 to the public, or which may be privileged or otherwise protected from disclosure under 2 state or federal statutes, court rules, case decisions, or common law. 3 Accordingly, to expedite the flow of information, to facilitate the prompt 4 resolution of disputes over confidentiality of discovery materials, to adequately protect 5 information the parties are entitled to keep confidential, to ensure that the parties are 6 permitted reasonable necessary uses of such material in preparation for and in the 7 conduct of trial, to address their handling at the end of the litigation, and to serve the 8 ends of justice, a protective order for such information is justified in this matter. It is 9 the intent of the parties that information will not be designated as confidential for 10 tactical reasons and that nothing be so designated without a good faith belief that it has 11 been maintained in a confidential, non-public manner, and there is good cause why it 12 should not be part of the public record of this case. 13 2. DEFINITIONS 14 2.1 Action: Jose Jesus Avalos-Aviles, individually, and on behalf of other 15 members of the general public similarly situated, and as an aggrieved employee 16 pursuant to the Private Attorneys General Act (“PAGA”) v. Red Robin International, 17 Inc., a Nevada corporation; DOES 1 through 10, inclusive; Case No. 2:22-cv-01257- 18 DAD-DB. 19 2.2 Challenging Party: a Party or Nonparty that challenges the designation of 20 information or items under this Order. 21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 22 is generated, stored, or maintained) or tangible things that qualify for protection under 23 Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause 24 Statement. 25 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as their 26 support staff). 27 2.5 Designating Party: a Party or Nonparty that designates information or items 1 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2 2.6 Disclosure or Discovery Material: all items or information, regardless of the 3 medium or manner in which it is generated, stored, or maintained (including, among 4 other things, testimony, transcripts, and tangible things), that are produced or generated 5 in disclosures or responses to discovery in this matter. 6 2.7 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 8 expert witness or as a consultant in this action. 9 2.8 In-House Counsel: attorneys who are employees of a Party to this Action. In- 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 2.9 Nonparty: any natural person, partnership, corporation, association, or other 13 legal entity not named as a Party to this action. 14 2.10 Outside Counsel of Record: attorneys who are not employees of a Party to 15 this Action but are retained to represent or advise a Party and have appeared in this 16 Action on behalf of that Party or are affiliated with a law firm that has appeared on 17 behalf of that Party, including support staff. 18 2.11 Party: any Party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 2.12 Producing Party: a Party or Nonparty that produces Disclosure or Discovery 22 Material in this Action. 23 2.13 Professional Vendors: persons or entities that provide litigation support 24 services (for example, photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 26 their employees and subcontractors. 27 2.14 Protected Material: any Disclosure or Discovery Material that is designated 1 as “CONFIDENTIAL.” 2 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 3 a Producing Party. 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only Protected 6 Material (as defined above) but also (1) any information copied or extracted from 7 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 8 Material; and (3) any testimony, conversations, or presentations by Parties or their 9 Counsel that might reveal Protected Material. Any use of Protected Material at trial 10 will be governed by a separate agreement or the orders of the trial judge. This Order 11 does not govern the use of Protected Material at trial. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order will remain in effect until a Designating Party agrees otherwise 15 in writing or a court order otherwise directs. Final disposition is the later of (1) dismissal 16 of all claims and defenses in this Action, with or without prejudice, or (2) final judgment 17 after the completion and exhaustion of all appeals, re-hearings, remands, trials, or 18 reviews of this Action, including the time limits for filing any motions or applications 19 for extension of time under applicable law. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Each Party or Nonparty that designates information or items for protection 22 under this Order must take care to limit any such designation to specific material that 23 qualifies under the appropriate standards. The Designating Party must designate for 24 protection only those parts of material, documents, items, or oral or written 25 communications that qualify so that other portions of the material, documents, items, or 26 communications for which protection is not warranted are not swept unjustifiably 27 within the ambit of this Order. Mass, indiscriminate, or routinized designations are 1 prohibited. Designations that are shown to be clearly unjustified or that have been made 2 for an improper purpose (for example, to unnecessarily encumber the case-development 3 process or to impose unnecessary expenses and burdens on other parties) may expose 4 the Designating Party to sanctions. If it comes to a Designating Party’s attention that 5 information or items it designated for protection do not qualify for that level of 6 protection, that Designating Party must promptly notify all other Parties that it is 7 withdrawing the inapplicable designation. 8 5.2 Except as otherwise provided in this Order, Disclosure or Discovery Material 9 that qualifies for protection under this Order must be clearly so designated before the 10 material is disclosed or produced. Designation in conformity with this Order requires 11 the following: 12 (a) for information in documentary form (for example, paper or electronic 13 documents but excluding transcripts of depositions or other pretrial or trial 14 proceedings), the Producing Party must affix at a minimum the legend 15 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion or 16 portions of the material on a page qualify for protection, the Producing Party must 17 clearly identify the protected portion(s) (for example, by making appropriate markings 18 in the margins). 19 A Party or Nonparty that makes original documents or materials available for 20 inspection need not designate them for protection until after the inspecting Party has 21 indicated which documents it would like copied and produced. During the inspection 22 and before the designation, all material made available for inspection must be treated 23 as “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 24 copied and produced, the Producing Party must determine which documents, or portions 25 thereof, qualify for protection under this Order. Then, before producing the 26 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to 27 each page that contains Protected Material. If only a portion or portions of the material 1 on a page qualify for protection, the Producing Party also must clearly identify the 2 protected portion(s) (for example, by making appropriate markings in the margins). 3 (b) for testimony given in depositions or in other pretrial or trial proceedings, the 4 Designating Party must identify the Disclosure or Discovery Material that is protected 5 on the record, before the close of the deposition, or by notifying the other party in 6 writing that the material is protected within 30 days of receiving the transcript of the 7 deposition. 8 (c) for information produced in some form other than documentary and for any 9 other tangible items, the Producing Party must affix in a prominent place on the exterior 10 of the container or containers in which the information is stored the legend 11 “CONFIDENTIAL.” If only a portion or portions of the information warrant protection, 12 the Producing Party, to the extent practicable, must identify the protected portion(s). 13 5.3 If timely corrected, an inadvertent failure to designate qualified information 14 or items does not, standing alone, waive the Designating Party’s right to secure 15 protection under this Order for that material. On timely correction of a designation, the 16 Receiving Party must make reasonable efforts to assure that the material is treated in 17 accordance with the provisions of this Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Any Party or Nonparty may challenge a designation of confidentiality at any 20 time consistent with the Court’s scheduling order. Unless a prompt challenge to a 21 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 22 substantial unfairness, unnecessary economic burdens, or a significant disruption or 23 delay of the litigation, a Party does not waive its right to challenge a confidentiality 24 designation by electing not to mount a challenge promptly after the original designation 25 is disclosed. 26 6.2 The burden of persuasion in any such proceeding is on the Designating Party. 27 Frivolous challenges, and those made for an improper purpose (for example, to harass 1 or impose unnecessary expenses and burdens on other parties), may expose the 2 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 3 the confidentiality designation, all parties must continue to afford the material in 4 question the level of protection to which it is entitled under the Producing Party’s 5 designation until the Court rules on the challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 A Receiving Party may use Protected Material that is disclosed or produced 8 by another Party or by a Nonparty in connection with this Action only for prosecuting, 9 defending, or attempting to settle this Action. Such Protected Material may be disclosed 10 only to the categories of persons and under the conditions described in this Order. When 11 the Action has been terminated, a Receiving Party must comply with the provisions of 12 Section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a manner sufficiently secure to ensure that access is limited to the 15 persons authorized under this Order. 16 7.2 Unless otherwise ordered by the Court or permitted in writing by the 17 Designating Party, a Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to the following people: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 20 employees of that Outside Counsel of Record to whom it is reasonably necessary to 21 disclose the information for this Action; 22 (b) the officers, directors, and employees (including In-House Counsel) of the 23 Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 25 is reasonably necessary for this Action and who have signed the “Acknowledgment and 26 Agreement to Be Bound” (Exhibit A); 27 (d) the Court and its personnel; 1 (e) court reporters and their staff; 2 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 3 to whom disclosure is reasonably necessary for this Action and who have signed the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (g) the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses and attorneys for witnesses to whom 8 disclosure is reasonably necessary, provided that the deposing party requests that the 9 witness sign the form attached as Exhibit A hereto and the witnesses will not be 10 permitted to keep any confidential information unless they sign the form, unless 11 otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may be 13 separately bound by the court reporter and may not be disclosed to anyone except as 14 permitted under this Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, mutually 16 agreed on by any of the Parties engaged in settlement discussions or appointed by the 17 Court. 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 19 IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation that 21 compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must 23 (a) promptly notify in writing the Designating Party. Such notification must 24 include a copy of the subpoena or court order unless prohibited by law; 25 (b) promptly notify in writing the party who caused the subpoena or order to issue 26 in the other litigation that some or all of the material covered by the subpoena or order 27 is subject to this Protective Order. Such notification must include a copy of this Order; 1 and 2 (c) cooperate with respect to all reasonable procedures sought to be pursued by 3 the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with the 5 subpoena or court order should not produce any information designated in this action 6 as “CONFIDENTIAL” before a determination on the protective-order request by the 7 relevant court unless the Party has obtained the Designating Party’s permission. The 8 Designating Party bears the burden and expense of seeking protection of its Confidential 9 Material, and nothing in these provisions should be construed as authorizing or 10 encouraging a Receiving Party in this Action to disobey a lawful directive from another 11 court. 12 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a Nonparty 15 in this Action and designated as “CONFIDENTIAL.” Such information is protected by 16 the remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Nonparty from seeking additional protections. 18 (b) In the event that a Party is required by a valid discovery request to produce a 19 Nonparty’s Confidential Information in its possession and the Party is subject to an 20 agreement with the Nonparty not to produce the Nonparty’s Confidential Information, 21 then the Party must: 22 (1) promptly notify in writing the Requesting Party and the Nonparty that 23 some or all of the information requested is subject to a confidentiality agreement with 24 a Nonparty; 25 (2) promptly provide the Nonparty with a copy of this Order, the relevant 26 discovery request(s), and a reasonably specific description of the information requested; 27 and 1 (3) make the information requested available for inspection by the 2 Nonparty, if requested. 3 (c) If the Nonparty fails to seek a protective order within 14 days of receiving the 4 notice and accompanying information, the Receiving Party may produce the Nonparty’s 5 Confidential Information responsive to the discovery request. If the Nonparty timely 6 seeks a protective order, the Receiving Party must not produce any information in its 7 possession or control that is subject to the confidentiality agreement with the Nonparty 8 before a ruling on the protective-order request. Absent a court order to the contrary, the 9 Nonparty must bear the burden and expense of seeking protection of its Protected 10 Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this Order, 14 the Receiving Party must immediately notify the Designating Party in writing of the 15 unauthorized disclosures; use its best efforts to retrieve all unauthorized copies of the 16 Protected Material; inform the person or persons to whom unauthorized disclosures 17 were made of the terms of this Order; and ask that person or persons to execute the 18 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other protection, 23 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 may be established in an e-discovery order that provides for production without prior 26 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 parties reach an agreement on the effect of disclosure of a communication or 1 information covered by the attorney-client privilege or work product protection, the 2 parties may incorporate their agreement in the stipulated protective order submitted to 3 the court. 4 12. MISCELLANEOUS 5 12.1 Nothing in this Order abridges the right of any person to seek its 6 modification by the Court. 7 12.2 By stipulating to the entry of this Order, no Party waives any right it 8 otherwise would have to object to disclosing or producing any information or item on 9 any ground not addressed in this Order. Similarly, no Party waives any right to object 10 on any ground to use in evidence of any of the material covered by this Order. 11 12.3 A Party that seeks to file under seal any Protected Material must comply 12 with Civil Local Rule 141. Protected Material may be filed under seal only pursuant to 13 a court order authorizing the sealing of the specific Protected Material at issue. If a 14 Party's request to file Protected Material under seal is denied, then the Receiving Party 15 may file the information in the public record unless otherwise instructed by the Court. 16 13. FINAL DISPOSITION 17 After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return all 19 Protected Material to the Producing Party or destroy such material. As used in this 20 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 23 must submit a written certification to the Producing Party (and, if not the same person 24 or entity, to the Designating Party) by the 60-day deadline that identifies (by category, 25 when appropriate) all the Protected Material that was returned or destroyed and affirms 26 that the Receiving Party has not retained any copies, abstracts, compilations, 27 summaries, or any other format reproducing or capturing any of the Protected Material. 1 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 2 pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 3 correspondence; deposition and trial exhibits; expert reports; attorney work product; 4 and consultant and expert work product even if such materials contain Protected 5 Material. Any such archival copies that contain or constitute Protected Material remain 6 subject to this Order as set forth in Section 4 (DURATION). 7 14. SANCTIONS 8 Any willful violation of this Order may be punished by civil or criminal 9 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 10 other appropriate action at the discretion of the Court. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Date: February 7, 2023 CAPSTONE LAW APC 1 2 By:_/s/ Roxanna Tabatabaeepour 3 Orlando Villalba 4 Helga Hakimi Roxanna Tabatabaeepour 5 6 Attorney for Plaintiff, 7 8 Dated: February 17, 2023 JACKSON LEWIS P.C. 9 10 11 12 By: /s/ Martin P. Vigodnier Adam Y. Siegel 13 Martin P. Vigodnier 14 Attorneys for Defendant 15 RED ROBIN INTERNATIONAL, 16 INC. 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 IT IS HEREBY ORDERED that the parties’ stipulation is granted. 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 25 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 26 parte basis or on shortened time. 27 //// 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: February 17, 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 16 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 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Eastern District of California on 7 [date] in the case of Jose Jesus Avalos-Aviles, v. Red Robin International, Inc. Case 8 No. 2:22-cv-01257-DAD-DB. I agree to comply with and to be bound by all the terms 9 of this Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that is 12 subject to this Stipulated Protective Order to any person or entity except in strict 13 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. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 17 1 Printed name: _______________________________ 2 3 Signature: __________________________________ 4 4865-7326-4207, v. 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18