Jones v. TireHub, LLC ( 2022 )

1 Scott Edward Cole, Esq. (S.B. #160744) Laura Van Note, Esq. (S.B. #310160) 2 Cody Alexander Bolce, Esq. (S.B. #322725) COLE & VAN NOTE 3 555 12th Street, Suite 1725 Oakland, California 94607 4 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 5 Email: sec@colevannote.com Email: lvn@colevannote.com 6 Email: cab@colevannote.com Web: www.colevannote.com 7 8 Attorneys for Representative Plaintiff 9 Penny Chen, Esq. (S.B. #280706) 10 Eugene C. Ryu, Esq. (S.B. #209104) K&L GATES 11 10100 Santa Monica Blvd, 8th Fl. Los Angeles, CA 90067 12 Telephone: (310) 552-5033 Email: Penny.Chen@klgates.com 13 Email: Gene.Ryu@klgates.com 14 15 Attorneys for Defendant TIREHUB, LLC 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 20 DONSHEA JONES, individually , and on No. 2:21-cv-0564 JAM DB behalf of all others similarly situated, 21 CLASS ACTION Plaintiff, 22 vs. STIPULATION FOR ENTRY OF PROTECTIVE ORDER REGARDING 23 TIREHUB, LLC, CONFIDENTIAL DOCUMENTS AND PROTECTIVE ORDER 24 Defendant. 25 26 27 28 -1- 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the 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 protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 10 below, that this Stipulated Protective Order does not entitle them to file confidential information 11 under seal; Local Rule 141 sets forth the procedures that must be followed and the standards that 12 will be 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 15 information or 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 18 of Civil Procedure 26(c). 19 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 20 well 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 24 medium or manner in which it is generated, stored, or maintained (including, among other things, 25 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 26 responses to discovery in this matter. 27 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 28 -2- 1 the litigation who has been retained by a Party or its counsel to serve as an expert witness in this 2 action. 3 2.7 House Counsel: attorneys who are employees of a party to this action. House 4 Counsel does not include Outside Counsel of Record or any other outside counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 6 entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 8 action but are retained to represent or advise a party to this action and have appeared in this action 9 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 2.10 Party: any party to this action, including all of its officers, directors, employees, 11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 13 Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 16 organizing, storing, or retrieving data in any form or medium) and their employees and 17 subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 19 “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected Material 24 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 25 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 26 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 27 However, the protections conferred by this Stipulation and Order do not cover the following 28 -3- 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 3 a result of publication not involving a violation of this Order, including becoming part of the public 4 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 5 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 6 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 7 use of Protected Material at trial shall be governed by a separate agreement or order. 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations imposed by this 10 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 11 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 12 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 13 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any motions or applications for extension of time pursuant to 15 applicable law. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. 20 The Designating Party must designate for protection only those parts of material, documents, 21 items, or oral or written communications that qualify – so that other portions of the material, 22 documents, items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. The Parties agree that information pertaining to and 24 items containing absent putative class members/PAGA employees’ personally identifiable 25 information, putative class members/PAGA employees’ contact and financial information, 26 Defendant’s proprietary company policies and procedures, and materials relevant to Defendant’s 27 competitive advantage, are confidential and properly designated as Protected Material. 28 -4- 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 2 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 3 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 4 and burdens on other parties) expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it designated for 6 protection do not qualify for protection, that Designating Party must promptly notify all other 7 Parties that it is withdrawing the mistaken designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 9 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 10 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 11 designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic documents, but 14 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 15 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 16 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 17 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents or materials available for 19 inspection need not designate them for protection until after the inspecting Party has indicated 20 which material it would like copied and produced. During the inspection and before the 21 designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” 22 After the inspecting Party has identified the documents it wants copied and produced, the 23 Producing Party must determine which documents, or portions thereof, qualify for protection under 24 this Order. Then, before producing the specified documents, the Producing Party must affix the 25 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 26 portions of the material on a page qualifies for protection, the Producing Party also must clearly 27 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 28 -5- 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 2 the Designating Party identify on the record, before the close of the deposition, hearing, or other 3 proceeding, all protected testimony. 4 (c) for information produced in some form other than documentary and for any 5 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 6 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 7 If only a portion or portions of the information or item warrant protection, the Producing Party, to 8 the extent practicable, shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 13 in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 17 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 18 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 19 challenge a confidentiality designation by electing not to mount a challenge promptly after the 20 original designation is disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 22 by providing written notice of each designation it is challenging and describing the basis for each 23 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 24 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 25 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 26 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 27 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 28 -6- 1 Party must explain the basis for its belief that the confidentiality designation was not proper and 2 must give the Designating Party an opportunity to review the designated material, to reconsider 3 the circumstances, and, if no change in designation is offered, to explain the basis for the chosen 4 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 5 has engaged in this meet and confer process first or establishes that the Designating Party is 6 unwilling to participate in the meet and confer process in a timely manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 8 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 9 Local Rule 141.1 (and in compliance with Local Rule 141, if applicable) within 21 days of the 10 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 11 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 12 competent declaration affirming that the movant has complied with the meet and confer 13 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 14 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 15 automatically waive the confidentiality designation for each challenged designation. In addition, 16 the Challenging Party may file a motion challenging a confidentiality designation at any time if 17 there is good cause for doing so, including a challenge to the designation of a deposition transcript 18 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a 19 competent declaration affirming that the movant has complied with the meet and confer 20 requirements imposed by the preceding paragraph. 21 The burden of persuasion in any such challenge proceeding shall be on the Designating 22 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 23 unnecessary expenses and burdens on other parties) expose the Challenging Party to sanctions. 24 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 25 to retain confidentiality as described above, all parties shall continue to afford the material in 26 question the level of protection to which it is entitled under the Producing Party’s designation until 27 the court rules on the challenge. 28 -7- 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 7 DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and in 9 a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 16 Bound” that is attached hereto as Exhibit A; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 19 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 21 reasonably necessary for this litigation and who have signed the “Acknowledgment and 22 Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 25 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 26 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) during their depositions, witnesses in the action to whom disclosure is 28 -8- 1 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 3 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 4 separately bound by the court reporter and may not be disclosed to anyone except as permitted 5 under this Stipulated Protective Order. 6 (g) the author or recipient of a document containing the information or a custodian 7 or other person who otherwise possessed or knew the information. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 9 OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation that compels 11 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 12 must: 13 (a) promptly notify in writing the Designating Party. Such notification shall include 14 a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to issue 16 in the other litigation that some or all of the material covered by the subpoena or order is subject 17 to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 18 and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 20 Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with the subpoena 22 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 23 before a determination by the court from which the subpoena or order issued, unless the Party has 24 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 25 expense of seeking protection in that court of its confidential material – and nothing in these 26 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 27 disobey a lawful directive from another court. 28 -9- 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 2 THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non-Party 4 in this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties 5 in connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 7 additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a 9 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 10 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 11 (1) promptly notify in writing the Requesting Party and the Non-Party that 12 some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 14 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 15 the information requested; and 16 (3) make the information requested available for inspection by the Non- 17 Party. 18 (c) If the Non-Party fails to object or seek a protective order from this court within 19 14 days of receiving the notice and accompanying information, the Receiving Party may produce 20 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 21 timely seeks a protective order, the Receiving Party shall not produce any information in its 22 possession or control that is subject to the confidentiality agreement with the Non-Party before a 23 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 24 burden and expense of seeking protection in this court of its Protected Material. 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 27 Material to any person or in any circumstance not authorized under this Stipulated Protective 28 -10- 1 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 2 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 3 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 4 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 5 Agreement to Be Bound” that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain inadvertently 9 produced material is subject to a claim of privilege or other protection, the obligations of the 10 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 11 is not intended to modify whatever procedure may be established in an e-discovery order that 12 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 14 communication or information covered by the attorney-client privilege or work product protection, 15 the parties may incorporate their agreement in the stipulated protective order submitted to the 16 court. 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 19 seek its modification by the court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 21 no Party waives any right it otherwise would have to object to disclosing or producing any 22 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 23 Party waives any right to object on any ground to use in evidence of any of the material covered 24 by this Protective Order. 25 12.3 Filing Protected Material. Without written permission from the Designating Party 26 or a court order secured after appropriate notice to all interested persons, a Party may not file in 27 the public record in this action any Protected Material. A Party that seeks to file under seal any 28 -11- 1 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 2 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 3 13. FINAL DISPOSITION 4 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 6 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 8 the Protected Material is returned or destroyed, the Receiving Party must submit a written 9 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 10 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 11 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 14 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 15 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 16 and expert work product, even if such materials contain Protected Material. Any such archival 17 copies that contain or constitute Protected Material remain subject to this Protective Order as set 18 forth in Section 4 (DURATION). 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 Dated: February 16, 2022 COLE & VAN NOTE 22 By: /s/ Laura Van Note Laura Van Note, Esq. 23 Attorneys for Representative Plaintiff 24 25 Dated: February 16, 2022 K&L GATES 26 By: /s/ Penny Chen Penny Chen, Esq. 27 Attorneys for TIREHUB, LLC 28 -12- 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 9 governed by Local Rule 141. In brief, Local Rule 141 provides that documents may only be 10 sealed by a written order of the court after a specific request to seal has been made. L.R. 141(a). 11 However, a mere request to seal is not enough under the local rules. In particular, Local Rule 12 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other 13 authority for sealing, the requested duration, the identity, by name or category, of persons to be 14 permitted access to the 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 17 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 18 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 19 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 20 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 21 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 22 certain documents, at any court hearing or trial – such determinations will only be made by the 23 court at the hearing or trial, or upon an appropriate motion. 24 5. With respect to motions regarding any disputes concerning this protective order which 25 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 26 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 27 parte basis or on shortened time. 28 -13- 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, 2022 /s/ DEBORAH BARNES 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- 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 Eastern District of California on [date] in the case of ___________ [insert formal name of the 7 case and the number and initials assigned to it by the court]. 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 11 this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern 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 Printed name: _______________________________ 24 Signature: __________________________________ 25 26 27 28 -15-