(PC)Maea v. Pfeiffer ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST MAEA, Case No. 1:22-cv-00362-AWI-HBK 12 Plaintiff, APPROVED STIPULATED PROTECTIVE 13 ORDER v. 14 (Doc. No. 30) 15 CHRISTIAN PFEIFFER, et al., 16 Defendants. 17 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary, or 21 private information for which special protection from public disclosure and from use for any 22 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 23 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 24 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends only to the 26 limited information or items that are entitled to confidential treatment under the applicable legal 27 principles. 28 / / / 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve materials which concerns or relates to the processes, 3 operations, or work of the California Department of Corrections and Rehabilitation and its 4 employees and agents (collectively “CDCR”), the disclosure of which may have the effect of 5 causing harm or endangering the safety of CDCR staff, inmates, or third persons. Additionally, 6 Plaintiff is currently in CDCR custody, and providing him access to certain sensitive information 7 creates safety and security concerns. Such confidential materials and information consist of, 8 among other things, information about confidential informants, prison procedures for 9 investigating staff accused of misconduct, prison procedures for investigating inmates accused of 10 misconduct, and other information that is only available to staff on a need-to-know basis, not 11 provided to inmates, and which may be privileged or otherwise protected from disclosure under 12 state or federal statutes, court rules, case decisions, or common law. 13 Protective information in medical records and prison records, may also include personal 14 information of Plaintiff generally, including but not limited to home address, social security 15 numbers, home and work telephone number, email addresses, birthdates, and social security 16 numbers, all of which will be redacted. 17 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 18 disputes over confidentiality of discovery materials, to adequately protect information the parties 19 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses 20 of such material in preparation for and in the conduct of trial, to address their handling at the end 21 of the litigation, and serve the ends of justice, a protective order for such information is justified 22 in this matter. It is the intent of the parties that information will not be designated as Confidential 23 or Attorneys’ Eyes Only for tactical reasons and that nothing be so designated without a good 24 faith belief that it has been maintained in a confidential, non-public manner, and there is good 25 cause why it should not be part of the public record of this case. 26 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 27 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 28 Protective Order does not entitle them to file confidential information under seal; Local Rule 141 1 sets forth the procedures that must be followed and the standards that will be applied when a party 2 seeks permission from the court to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial proceedings 4 and records in civil cases. In connection with non-dispositive motions, good cause must be 5 shown to support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 6 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 7 2002); Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 8 stipulated protective orders require good cause showing), and a specific showing of good cause or 9 compelling reasons with proper evidentiary support and legal justification, must be made with 10 respect to Protected Material that a party seeks to file under seal. The parties’ mere designation 11 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the submission of 12 competent evidence by declaration, establishing that the material sought to be filed under seal 13 qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 15 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be 16 narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors 17 Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or 18 thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, 19 the party seeking protection must articulate compelling reasons, supported by specific facts and 20 legal justification, for the requested sealing order. Again, competent evidence supporting the 21 application to file documents under seal must be provided by declaration. 22 Any document that is not confidential, privileged, or otherwise protectable in its entirety 23 will not be filed under seal if the confidential portions can be redacted. If documents can be 24 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 25 otherwise protectable portions of the document shall be filed. Any application that seeks to file 26 documents under seal in their entirety should include an explanation of why redaction is not 27 feasible. 28 //// 1 2. DEFINITIONS 2 2.1 Action: this pending federal lawsuit. 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 4 information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 6 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 7 of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support 9 staff). 10 2.5 Designating Party: a Party or Non-Party that designates information or items that 11 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 12 2.6 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, among other things, 14 testimony, transcripts, and tangible things) that are produced or generated in disclosures or 15 responses to discovery in this matter. 16 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 17 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 18 consultant in this Action. 19 2.8 House Counsel: attorneys who are employees of a party to this Action. House 20 Counsel does not include Outside Counsel of Record or any other outside counsel. 21 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 22 entity not named as a Party to this action. 23 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 24 Action but are retained to represent or advise a party to this Action and have appeared in this 25 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that 26 party, and includes support staff. 27 2.11 Party: any party to this Action, including all of its officers, directors, employees, 28 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 2 Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support services 4 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 5 organizing, storing, or retrieving data in any form or medium) and their employees and 6 subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 8 “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 10 Producing Party. 11 2.16 CONFIDENTIAL ATTORNEYS’ EYES ONLY: information (regardless of how 12 it is generated, stored, or maintained) or tangible things that qualify for protection under Federal 13 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 14 Additionally, the information concerns CDCR’s internal affairs, investigatory tactics, and third 15 parties which is not provided to inmates for safety and security reasons. Thus, information 16 designated Attorneys’ Eyes Only, shall only be disclosed as delineated in paragraph 7.3. 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 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 23 This Order does not govern the use of Protected Material at trial. 24 4. DURATION 25 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 26 maintained pursuant to this protective order used or introduced as an exhibit at trial becomes 27 public and will be presumptively available to all members of the public, including the press, 28 unless compelling reasons supported by specific factual findings to proceed otherwise are made to 1 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good 2 cause” showing for sealing documents produced in discovery from “compelling reasons” standard 3 when merits-related documents are part of court record). Accordingly, the terms of this 4 protective order do not extend beyond the commencement of the trial. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 7 or Non-Party that designates information or items for protection under this Order must take care 8 to limit any such designation to specific material that qualifies under the appropriate standards. 9 The Designating Party must designate for protection only those parts of material, documents, 10 items or oral or written communications that qualify so that other portions of the material, 11 documents, items or communications for which protection is not warranted are not swept 12 unjustifiably within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 14 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 15 unnecessarily encumber the case development process or to impose unnecessary expenses and 16 burdens on other parties) may expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it designated 18 for protection do not qualify for protection, that Designating Party must promptly notify all other 19 Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 21 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 22 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 23 designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic documents, but 26 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 27 Party affix at a minimum, the legend “CONFIDENTIAL” or “CONFIDENTIAL – 28 ATTORNEYS’ EYES ONLY”, to each page that contains protected material. If only a portion of 1 the material on a page qualifies for protection, the Producing Party also must clearly identify the 2 protected portion(s) (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection need not 4 designate them for protection until after the inspecting Party has indicated which documents it 5 would like copied and produced. During the inspection and before the designation, all of the 6 material made available for inspection shall be deemed “CONFIDENTIAL” or “ATTORNEYS’ 7 EYES ONLY.” After the inspecting Party has identified the documents it wants copied and 8 produced, the Producing Party must determine which documents, or portions thereof, qualify for 9 protection under this Order. Then, before producing the specified documents, the Producing 10 Party must affix the “CONFIDENTIAL” legend or “ATTORNEYS’ EYES ONLY” legend to 11 each page that contains Protected Material. If only a portion of the material on a page qualifies 12 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 13 making appropriate markings in the margins). 14 (b) for testimony given in depositions that the Designating Party identifies the 15 Disclosure or Discovery Material on the record, before the close of the deposition all protected 16 testimony. 17 (c) for information produced in some form other than documentary and for any other 18 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 19 or containers in which the information is stored the legend “CONFIDENTIAL” or 20 “ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information warrants 21 protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 23 designate qualified information or items does not, standing alone, waive the Designating Party’s 24 right to secure protection under this Order for such material. Upon timely correction of a 25 designation, the Receiving Party must make reasonable efforts to assure that the material is 26 treated in accordance with the provisions of this Order. 27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 28 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 1 confidentiality at any time that the Court retains jurisdiction over the case. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 3 process under Local Rule 251. 4 6.3 The burden of persuasion in any such challenge proceeding shall be on the 5 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 6 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party 7 to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 8 designation, all parties shall continue to afford the material in question the level of protection to 9 which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 12 or produced by another Party, or by a Non-Party, in connection with this Action only for 13 prosecuting, defending, or attempting to settle this Action. Such Protected Material may be 14 disclosed only to the categories of persons and under the conditions described in this Order. 15 When the Action has been terminated, a Receiving Party must comply with the provisions of 16 section 13 below (FINAL DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a location and 18 in a secure manner that ensures that access is limited to the persons authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 20 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 21 disclose any information or item designated “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 23 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 24 information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) of the Receiving 26 Party to whom disclosure is reasonably necessary for this Action; 27 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 28 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 1 to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff; 4 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 5 whom disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (g) the author or recipient of a document containing the information or a custodian or 8 other person who otherwise possessed or knew the information; 9 (h) in preparation for or during their depositions/ trial preparations, witnesses, and 10 attorneys for witnesses in the Action to whom disclosure is reasonably necessary provided: (1) 11 the deposing/ preparing party requests that the witness sign the form attached as Exhibit A; and 12 (2) they will not be permitted to keep any confidential information unless they sign the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 14 Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits 15 to depositions that reveal Protected Material may be separately bound by the court reporter and 16 may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 17 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed 18 upon by any of the parties engaged in settlement discussions. 19 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’-EYES ONLY” Information or 20 Items. Attorneys’ Eyes Only Material, and the information contained therein, shall be disclosed 21 to the qualified persons listed in subparagraphs 7.2(a) through (i) above, but shall not be disclosed 22 to a party, including Plaintiff who is currently incarcerated, or any other inmate, or third person, 23 unless previously agreed or ordered. If disclosure of Attorneys’ Eyes Only Material is made 24 pursuant to this paragraph, all other provisions in this Order with respect to confidentiality shall 25 apply, including but not limited to, signing and serving a non-disclosure agreement in the form of 26 Exhibit A. 27 //// 28 //// 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2 LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” or 5 “ATTORNEYS’ EYES ONLY” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall include a 7 copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue in 9 the other litigation that some or all of the material covered by the subpoena or order is subject to 10 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 11 and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 13 Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by the court from 17 which the subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking protection in 19 that court of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from 21 another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 23 LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non-Party in 25 this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” Such 26 information produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be construed as 28 prohibiting a Non-Party from seeking additional protections. 1 (b) In the event that a Party is required, by a valid discovery request, to produce a 2 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 3 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party that some 5 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 7 in this Action, the relevant discovery request(s), and a reasonably specific description of the 8 information requested; and 9 (3) make the information requested available for inspection by the Non-Party, if 10 requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 12 receiving the notice and accompanying information, the Receiving Party may produce the Non- 13 Party’s confidential information responsive to the discovery request. If the Non-Party timely 14 seeks a protective order, the Receiving Party shall not produce any information in its possession 15 or control that is subject to the confidentiality agreement with the Non-Party before a 16 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 17 burden and expense of seeking protection in this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 20 Material to any person or in any circumstance not authorized under this Stipulated Protective 21 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 22 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 23 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 24 made of all the terms of this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached as Exhibit A. 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 27 MATERIAL 28 When a Producing Party gives notice to Receiving Parties that certain inadvertently 1 produced material is subject to a claim of privilege or other protection, the obligations of the 2 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 3 provision is not intended to modify whatever procedure may be established in an e-discovery 4 order that provides for production without prior privilege review. Pursuant to Federal Rule of 5 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 6 communication or information covered by the attorney-client privilege or work product 7 protection, the parties may incorporate their agreement in the stipulated protective order 8 submitted to the court. 9 12. MISCELLANEOUS 10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 11 seek its modification by the Court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 13 Order, no Party waives any right it otherwise would have to object to disclosing or producing any 14 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 15 no Party waives any right to object on any ground to use in evidence of any of the material 16 covered by this Protective Order. 17 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 18 Material must comply with Local Rule 141. Protected Material may only be filed under seal 19 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a 20 Party’s request to file Protected Material under seal is denied by the court, then the Receiving 21 Party may file the information in the public record unless otherwise instructed by the court. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 24 written request by the Designating Party, each Receiving Party must return all Protected Material 25 to the Producing Party or destroy such material. As used in this subdivision, “all Protected 26 Material” includes all copies, abstracts, compilations, summaries, and any other format 27 reproducing or capturing any of the Protected Material. Whether the Protected Material is 28 returned or destroyed, the Receiving Party must submit a written certification to the Producing 1 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that 2 (1) identifies (by category, where appropriate) all the Protected Material that was returned or 3 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 4 compilations, summaries or any other format reproducing or capturing any of the Protected 5 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 6 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 7 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 8 consultant and expert work product, even if such materials contain Protected Material. Any such 9 archival copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4 (DURATION). 11 14. VIOLATION 12 Any violation of this Order may be punished by appropriate measures including, without 13 limitation, contempt proceedings and/or monetary sanctions. 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 Dated: March 29, 2023 ROB BONTA 16 Attorney General of California WILLIAM C. KWONG 17 Supervising Deputy Attorney General/s/Peter B. Nichols 18 PETER B. NICHOLS Deputy Attorney General 19 SARAH E. SINGER Deputy Attorney General 20 Attorneys for Defendants Pfeiffer, Felder, Martinez, Anderson, and 21 Goree 22 Dated: March 29, 2023 /s/ Colleen Mullen 23 (as authorized on March 24, 2023 per LR 131(e)) 24 Colleen Mullen, Esq. Kaveh S. Elihu, Esq. 25 V. James DeSimone, Esq. Carmen Sabater, Esq. 26 Ryann E. Hall, Esq. Attorneys for Plaintiff 27 28 1 | For good cause shown, the Court APPROVES THE STIPULATED PROTECTIVE ORDER. 2 | DONE AND ORDERED: >| Dated: __April 4, 2023 law fared fackt 4 HELENA M. BARCH-KUCHTA ; 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 14 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of _________________ [print or 5 type full address], declare under penalty of perjury that I have read in its entirety and understand 6 the Stipulated Protective Order that was issued by the United States District Court for the Eastern 7 District of California on [date] in the case of Ernest Maea v. Pfeiffer, et al., Case No. 1:22-cv- 8 00362-AWI-HBK. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 any manner any information or item that is subject to this Stipulated Protective Order to any 12 person 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 Eastern 14 District of California for enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. I hereby appoint 16 __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28