625 Coolidge LLC v. Maximus, Inc. ( 2023 )

1 JEREMY A. MEIER – SBN 139849 MICHAEL D. LANE – SBN 239517 2 HENRY A. STROUD – SBN 342479 GREENBERG TRAURIG, LLP 3 400 Capitol Mall, Suite 2400 Sacramento, CA 95814-3938 4 Telephone: (916) 442-1111 Facsimile: (916) 448-1709 5 meierj@gtlaw.com lanemd@gtlaw.com 6 henry.stroud@gtlaw.com 7 Attorneys for Defendant Maximus, Inc. 8 KIRK E. GIBERSON – SBN 125155 HEFNER, STARK & MAROIS, LLP 9 2150 River Plaza Drive, Suite 450 Sacramento, CA 95833-4136 10 Telephone (916) 925-6620 Facsimile: (916) 925-1127 11 kgiberson@hsmlaw.com 12 Attorneys for Plaintiff 625 Coolidge LLC 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 625 COOLIDGE LLC, a California Limited Case No. 2:23-cv-01916-TLN-JDP Liability Company, 18 Plaintiff, 19 STIPULATED PROTECTIVE ORDER 20 v. Removal Filed: September 7, 2023 21 MAXIMUS, INC., a Virginia corporation, and Complaint Filed: April 20, 2023 DOES 1 through 50, inclusive 22 Defendants. 23 24 25 26 27 28 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are 9 entitled to confidential treatment under the applicable legal principles. The parties further 10 acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective Order 11 does not entitle them to file confidential information under seal; Civil Local Rule 79-5 12 Local Rule 141 sets forth the procedures that must be followed and the standards that will 13 be applied when a party seeks permission from the Court to file material under seal. 14 II. GOOD CAUSE STATEMENT 15 A. This action is likely to involve trade secrets, customer and pricing lists and other 16 valuable research, development, commercial, financial, technical and/or proprietary 17 information for which special protection from public disclosure and from use for any 18 purpose other than prosecution of this action is warranted. Such confidential and 19 proprietary materials and information consist of, among other things, confidential 20 business or financial information, personal employee information, information regarding 21 confidential business practices, or other confidential research, development, or 22 commercial information (including information implicating privacy rights of third 23 parties), information otherwise generally unavailable to the public, or which may be 24 privileged or otherwise protected from disclosure under state or federal statutes, court 25 rules, case decisions, or common law. Accordingly, to expedite the flow of information, 26 to facilitate the prompt resolution of disputes over confidentiality of discovery materials, 27 to adequately protect information the parties are entitled to keep confidential, to ensure 28 that the parties are permitted reasonable necessary uses of such material in preparation for 1 and in the conduct of trial, to address their handling at the end of the litigation, and serve 2 the ends of justice, a protective order for such information is justified in this matter. It is 3 the intent of the parties that information will not be designated as confidential for tactical 4 reasons and that nothing be so designated without a good faith belief that it has been 5 maintained in a confidential, non-public manner, and there is good cause why it should 6 not be part of the public record of this case. 7 III. DEFINITIONS 8 A. Action: This pending federal law suit. 9 B. Challenging Party: A Party or Non-Party that challenges the designation of 10 information or items under this Order. 11 C. “CONFIDENTIAL” Information or Items: Information (regardless of how it is 12 generated, stored or maintained) or tangible things that qualify for protection under 13 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 14 Statement. 15 D. Counsel: Outside Counsel of Record and House Counsel (as well as their support 16 staff). 17 E. Designating Party: A Party or Non-Party that designates information or items that 18 it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 20 F. Disclosure or Discovery Material: All items or information, regardless of the 21 medium or manner in which it is generated, stored, or maintained (including, among other 22 things, testimony, transcripts, and tangible things), that are produced or generated in 23 disclosures or responses to discovery in this matter. 24 G. Expert: A person with specialized knowledge or experience in a matter pertinent 25 to the litigation who has been retained by a Party or its counsel to serve as an expert 26 witness or as a consultant in this Action. 27 /// 28 /// 1 H. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 2 items: Extremely sensitive “Confidential Information or Items,” disclosure of which to 3 another Party or Non-Party would create a substantial risk of serious harm that could not 4 be avoided by less restrictive means. 5 I. House Counsel: Attorneys who are employees of a party to this Action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 7 J. Non-Party: Any natural person, partnership, corporation, association, or other 8 legal entity not named as a Party to this action. 9 K. Outside Counsel of Record: Attorneys who are not employees of a party to this 10 Action but are retained to represent or advise a party to this Action and have appeared in 11 this Action on behalf of that party or are affiliated with a law firm which has appeared on 12 behalf of that party, and includes support staff. 13 L. Party: Any party to this Action, including all of its officers, directors, members 14 (including the officers and directors of a member), managers, employees, consultants, 15 retained experts, and Outside Counsel of Record (and their support staffs). 16 M. Producing Party: A Party or Non-Party that produces Disclosure or Discovery 17 Material in this Action. 18 N. Professional Vendors: Persons or entities that provide litigation support services 19 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 20 organizing, storing, or retrieving data in any form or medium) and their employees and 21 subcontractors. 22 O. Protected Material: Any Disclosure or Discovery Material that is designated as 23 “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY.” 25 P. Receiving Party: A Party that receives Disclosure or Discovery Material from a 26 Producing Party. 27 /// 28 1 IV. SCOPE 2 A. The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 B. Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Order does not govern the use of Protected Material at trial. 9 V. DURATION 10 A. Once a case proceeds to trial, all of the information that was designated as 11 confidential or maintained pursuant to this Protective Order becomes public and will be 12 presumptively available to all members of the public, including the press, unless 13 compelling reasons supported by specific factual findings to proceed otherwise are made 14 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 15 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 16 documents produced in discovery from “compelling reasons” standard when merits- 17 related documents are part of court record). Accordingly, the terms of this Protective 18 Order do not extend beyond the commencement of the trial. 19 VI. DESIGNATING PROTECTED MATERIAL 20 A. Exercise of Restraint and Care in Designating Material for Protection 21 1. Each Party or Non-Party that designates information or items for protection 22 under this Order must take care to limit any such designation to specific material 23 that qualifies under the appropriate standards. The Designating Party must 24 designate for protection only those parts of material, documents, items, or oral or 25 written communications that qualify so that other portions of the material, 26 documents, items, or communications for which protection is not warranted are 27 not swept unjustifiably within the ambit of this Order. 28 1 2. Mass, indiscriminate, or routinized designations are prohibited. 2 Designations that are shown to be clearly unjustified or that have been made for 3 an improper purpose (e.g., to unnecessarily encumber the case development 4 process or to impose unnecessary expenses and burdens on other parties) may 5 expose the Designating Party to sanctions. 6 3. If it comes to a Designating Party’s attention that information or items that 7 it designated for protection do not qualify for protection, that Designating Party 8 must promptly notify all other Parties that it is withdrawing the inapplicable 9 designation. 10 B. Manner and Timing of Designations 11 1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b) 12 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material 13 that qualifies for protection under this Order must be clearly so designated before 14 the material is disclosed or produced. 15 2. Designation in conformity with this Order requires the following: 16 a. For information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” to each page that contains protected material. If only a 21 portion or portions of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) (e.g., by 23 making appropriate markings in the margins). 24 b. A Party or Non-Party that makes original documents available for 25 inspection need not designate them for protection until after the inspecting 26 Party has indicated which documents it would like copied and produced. 27 During the inspection and before the designation, all of the material made 28 1 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified 2 the documents it wants copied and produced, the Producing Party must 3 determine which documents, or portions thereof, qualify for protection 4 under this Order. Then, before producing the specified documents, the 5 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each 7 page that contains Protected Material. If only a portion or portions of the 8 material on a page qualifies for protection, the Producing Party also must 9 clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins). 11 c. For Testimony given in depositions the Designating Party may 12 either: 13 i. identify on the record, before the close of the deposition, all 14 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” 15 Testimony, by specifying portions of the Testimony that qualify as 16 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only;” 17 or 18 ii. designate the entirety of the Testimony at the deposition as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY” (before the deposition is 21 concluded) with the right to identify more specific portions of the 22 Testimony as to which protection is sought within 30 days 23 following receipt of the deposition transcript. In circumstances 24 where portions of the deposition Testimony are designated for 25 protection, the transcript pages containing “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 27 information may be separately bound by the court report, who must 28 1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, as 2 instructed by the Designating Party. 3 d. For information produced in form other than document and for any 4 other tangible items, that the Producing Party affix in a prominent place on 5 the exterior of the container or containers in which the information is stored 6 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 8 information warrants protection, the Producing Party, to the extent 9 practicable, shall identify the protected portion(s). 10 C. Inadvertent Failure to Designate 11 1. If timely corrected, an inadvertent failure to designate qualified 12 information or items does not, standing alone, waive the Designating Party’s right 13 to secure protection under this Order for such material. Upon timely correction of 14 a designation, the Receiving Party must make reasonable efforts to assure that the 15 material is treated in accordance with the provisions of this Order. 16 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 A. Timing of Challenges 18 1. Any party or Non-Party may challenge a designation of confidentiality at 19 any time that is consistent with the Court’s Scheduling Order. 20 B. Meet and Confer 21 1. The Challenging Party shall initiate the dispute resolution processunder 22 Local Rule 37.1 et seq. 23 C. The burden of persuasion in any such challenge proceeding shall be on the 24 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 25 to harass or impose unnecessary expenses and burdens on other parties) may expose the 26 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 27 the confidentiality designation, all parties shall continue to afford the material in question 28 1 the level of protection to which it is entitled under the Producing Party’s designation until 2 the Court rules on the challenge. 3 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 4 A. Basic Principles 5 1. A Receiving Party may use Protected Material that is disclosed or produced 6 by another Party or by a Non-Party in connection with this Action only for 7 prosecuting, defending, or attempting to settle this Action. Such Protected 8 Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of Section XIV below. 11 2. Protected Material must be stored and maintained by a Receiving Party at 12 a location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 B. Disclosure of “CONFIDENTIAL” Information or Items 15 1. Unless otherwise ordered by the Court or permitted in writing by the 16 Designating Party, a Receiving Party may disclose any information or item 17 designated “CONFIDENTIAL” only to: 18 a. The Receiving Party’s Outside Counsel of Record in this Action, 19 as well as employees of said Outside Counsel of Record to whom it is 20 reasonably necessary to disclose the information for this Action; 21 b. The officers, directors, and employees (including House Counsel) 22 of the Receiving Party to whom disclosure is reasonably necessary for this 23 Action; 24 c. Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 d. The Court and its personnel; 28 1 f. Professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this 3 Action and who have signed the “Acknowledgment and Agreement to be 4 Bound” attached as Exhibit A hereto; 5 g. The author or recipient of a document containing the information 6 or a custodian or other person who otherwise possessed or knew the 7 information; 8 h. During their depositions, witnesses, and attorneys for witnesses, in 9 the Action to whom disclosure is reasonably necessary provided: (i) the 10 deposing party requests that the witness sign the “Acknowledgment and 11 Agreement to Be Bound;” and (ii) they will not be permitted to keep any 12 confidential information unless they sign the “Acknowledgment and 13 Agreement to Be Bound,” unless otherwise agreed by the Designating 14 Party or ordered by the Court. Pages of transcribed deposition testimony 15 or exhibits to depositions that reveal Protected Material may be separately 16 bound by the court reporter and may not be disclosed to anyone except as 17 permitted under this Stipulated Protective Order; and 18 i. Any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 C. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 Information or Items. 23 1. Unless otherwise ordered by the court or permitted in writing by the 24 Designating Party, a Receiving Party may disclose any information or item 25 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 26 to: 27 (a) the Receiving Party’s Outside Counsel of Record in this action, as 28 1 reasonably necessary to disclose the information for this litigation and who 2 have signed the “Acknowledgment and Agreement to Be Bound” that is 3 attached hereto as Exhibit A; 4 (b) Experts of the Receiving Party (1) to whom disclosure is 5 reasonably necessary for this litigation, (2) who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as 7 to whom the procedures set forth in paragraph 7.4(a)(2), below, have been 8 followed; 9 (c) the court and its personnel; 10 (d) court reporters and their staff, professional jury or trial consultants, 11 and Professional Vendors to whom disclosure is reasonably necessary for 12 this litigation and who have signed the “Acknowledgment and Agreement 13 to Be Bound” (Exhibit A); and 14 (e) the author or recipient of a document containing the information or 15 a custodian or other person who otherwise possessed or knew the 16 information. 17 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 A. If a Party is served with a subpoena or a court order issued in other litigation that 20 compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 that Party must: 23 1. Promptly notify in writing the Designating Party. Such notification shall 24 include a copy of the subpoena or court order; 25 2. Promptly notify in writing the party who caused the subpoena or order to 26 issue in the other litigation that some or all of the material covered by the subpoena 27 or order is subject to this Protective Order. Such notification shall include a copy 28 1 3. Cooperate with respect to all reasonable procedures sought to be pursued 2 by the Designating Party whose Protected Material may be affected. 3 B. If the Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any information designated in this action as 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 6 before a determination by the Court from which the subpoena or order issued, unless the 7 Party has obtained the Designating Party’s permission. The Designating Party shall bear 8 the burden and expense of seeking protection in that court of its confidential material and 9 nothing in these provisions should be construed as authorizing or encouraging a Receiving 10 Party in this Action to disobey a lawful directive from another court. 11 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 A. The terms of this Order are applicable to information produced by a Non-Party in 14 this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 15 ATTORNEYS’ EYES ONLY”. Such information produced by Non-Parties in connection 16 with this litigation is protected by the remedies and relief provided by this Order. Nothing 17 in these provisions should be construed as prohibiting a Non-Party from seeking 18 additional protections. 19 B. In the event that a Party is required, by a valid discovery request, to produce a 20 Non-Party’s confidential information in its possession, and the Party is subject to an 21 agreement with the Non-Party not to produce the Non-Party’s confidential information, 22 then the Party shall: 23 1. Promptly notify in writing the Requesting Party and the Non-Party that 24 some or all of the information requested is subject to a confidentiality agreement 25 with a Non-Party; 26 2. Promptly provide the Non-Party with a copy of the Stipulated Protective 27 Order in this Action, the relevant discovery request(s), and a reasonably specific 28 1 3. Make the information requested available for inspection by the Non-Party, 2 if requested. 3 C. If the Non-Party fails to seek a protective order from this court within 14 days of 4 receiving the notice and accompanying information, the Receiving Party may produce the 5 Non-Party’s confidential information responsive to the discovery request. If the Non- 6 Party timely seeks a protective order, the Receiving Party shall not produce any 7 information in its possession or control that is subject to the confidentiality agreement 8 with the Non-Party before a determination by the court. Absent a court order to the 9 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 10 court of its Protected Material. 11 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 A. 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 14 Stipulated Protective Order, the Receiving Party must immediately (1) notify in writing 15 the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve 16 all unauthorized copies of the Protected Material, (3) inform the person or persons to 17 whom unauthorized disclosures were made of all the terms of this Order, and (4) request 18 such person or persons to execute the “Acknowledgment and Agreement to be Bound” 19 that is attached hereto as Exhibit A. 20 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 A. When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, the 24 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 25 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 26 established in an e-discovery order that provides for production without prior privilege 27 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 28 1 the attorney-client privilege or work product protection, the parties may incorporate their 2 agreement in the Stipulated Protective Order submitted to the Court. 3 XIII. MISCELLANEOUS 4 A. Right to Further Relief 5 1. Nothing in this Order abridges the right of any person to seek its 6 modification by the Court in the future. 7 B. Right to Assert Other Objections 8 1. By stipulating to the entry of this Protective Order, no Party waives any 9 right it otherwise would have to object to disclosing or producing any information 10 or item on any ground not addressed in this Stipulated Protective Order. Similarly, 11 no Party waives any right to object on any ground to use in evidence of any of the 12 material covered by this Protective Order. 13 C. Filing Protected Material 14 1. A Party that seeks to file under seal any Protected Material must comply 15 with Local Rule 141 Civil Local Rule 79-5. Protected Material may only be filed 16 under seal pursuant to a court order authorizing the sealing of the specific 17 Protected Material at issue. If a Party's request to file Protected Material under 18 seal is denied by the Court, then the Receiving Party may file the information in 19 the public record unless otherwise instructed by the Court. 20 XIV. FINAL DISPOSITION 21 A. After the final disposition of this Action, as defined in Section V, within sixty (60) 22 days of a written request by the Designating Party, each Receiving Party must return all 23 Protected Material to the Producing Party or destroy such material. As used in this 24 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 25 summaries, and any other format reproducing or capturing any of the Protected Material. 26 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 27 a written certification to the Producing Party (and, if not the same person or entity, to the 28 1 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 2 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 3 any other format reproducing or capturing any of the Protected Material. Notwithstanding 4 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 5 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 6 deposition and trial exhibits, expert reports, attorney work product, and consultant and 7 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 9 as set forth in Section V. 10 B. Any violation of this Order may be punished by any and all appropriate measures 11 including, without limitation, contempt proceedings and/or monetary sanctions. 12 13 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 Dated: December 12, 2023 /s/Kirk E. Giberson . Kirk E. Giberson 17 Attorney for Plaintiff 625 Coolidge LLC 18 19 Dated: December 12, 2023 /s/Michael D. Lane . Jeremy A. Meier 20 Michael D. Lane Attorneys for Defendant Maximus, Inc. 21 22 23 24 25 26 27 28 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 IT IS SO ORDERED. 4 ( iy Dated: _ December 18, 2023 Q_——_. 5 JEREMY D. PETERSON 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 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 5 entirety and understand the Stipulated Protective Order that was issue by the United States District 6 Court for the Central Eastern District of California on [DATE] in the case of 7 [insert formal name of the case and the number and initials assigned to it 8 by the Court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to sanctions 10 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to this Stipulated Protective Order to any person 12 or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Central Eastern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this action. I 16 hereby appoint [print or type full name] of 17 [print or type full address and telephone number] as my California agent 18 for service of process in connection with this action or any proceedings related to enforcement of 19 this Stipulated Protective Order. 20 Date: 21 City and State where sworn and signed: 22 Printed Name: 23 Signature: 24 25 26 27 28