Presba v. Home Depot U.S.A., Inc. ( 2022 )

1 JOSHUA S. GOODMAN, ESQUIRE - State Bar #116576 jgoodman@gnhllp.com 2 Paige P. Yeh, ESQUIRE – State Bar #229197 pyeh@gnhllp.com 3 GOODMAN NEUMAN HAMILTON LLP One Post Street, Suite 2100 4 San Francisco, California 94104 Telephone: (415) 705-0400 5 Facsimile: (415) 705-0411 6 Attorneys for Defendant HOME DEPOT U.S.A., INC. 7 *** 8 WILLIAM A. DEITCHMAN, ESQ. - State Bar # 249267 9 will@deitchmanlaw.com DEITCHMAN & DEITCHMAN 10 6201 Enterprise Dr., Ste. E Diamond Springs, CA 95619 11 Telephone: (530) 626-3050 Facsimile: (530) 626-3060 12 Attorneys for Plaintiffs 13 KENNETH PRESBA and KRIS PRESBA 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 KENNETH PRESBA, et al., Case No. 2:22-cv-1241-KJN PS 19 Plaintiffs, STIPULATION AND PROTECTIVE 20 vs. ORDER 21 THE HOME DEPOT U.S.A., INC.; et al., 22 Defendants. 23 24 1. PURPOSES AND LIMITATIONS 25 Disclosure and discovery activity in this action are likely to involve production of Goodman Neuman 26 the following: (1) Closed-circuit television footages retrieved from Defendant Home Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 Depot U.S.A., Inc.’s (“Home Depot”) store cameras. These footages would allow the San Francisco, CA 94104 1 stores, which is information so confidential that is not shared with most Home Depot 2 employees. (2) Home Depot’s Standard Operating Procedures and training guides. These 3 materials are unique and akin to a road map or encyclopedia of Home Depot’s operations 4 and business practices, and created through the collective experience and know-how of 5 Home Depot’s associates, and gives Home Depot a competitive advantage as the leading 6 home improvement retailer. This advantage would be greatly diminished if Home Depot 7 were required to publicly disclosed or publicly testified to its Standard Operating 8 Procedures and/or training guides, thereby making them available to Home Depot’s 9 competitors. 10 The need for protection of the aforementioned material should be addressed by a 11 court order as opposed to a private agreement between the parties because the parties 12 intend to file pleadings with the court that incorporate said information. Thus, an agreed- 13 upon protocol for handling the sensitive information that has been approved by the court 14 would facilitate and streamline the process. Further, a protective order entered by the court 15 will facilitate discovery for the purposes of litigation while keeping the information in 16 limited circulation and out of the public eye. 17 Accordingly, the parties hereby stipulate to and petition the court to enter the 18 following Stipulated Protective Order. The parties acknowledge that this Order does not 19 confer blanket protections on all disclosures or responses to discovery and that the 20 protection it affords from public disclosure and use extends only to the limited 21 information or items that are entitled to confidential treatment under the applicable legal 22 principles. 23 2. DEFINITIONS 24 2.1 Challenging Party: A Party or Non-Party that challenges the designation of 25 information or items under this Order. G No eo ud mm aa nn 26 2.2 “CONFIDENTIAL” Information or Items: Information (regardless of how Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 it is generated, stored or maintained) or tangible things that qualify for protection under San Francisco, CA 94104 1 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel 2 (as well as their support staff). 3 2.4 Designating Party: A Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 5 2.5 Disclosure or Discovery Material: All items or information, regardless of 6 the medium or manner in which it is generated, stored, or maintained (including, among 7 other things, testimony, transcripts, and tangible things), that are produced or generated in 8 disclosures or responses to discovery in this matter. 9 2.6 Expert: A person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 11 expert witness or as a consultant in this action. 12 2.7 House Counsel: Attorneys who are employees of a party to this action. 13 House Counsel does not include Outside Counsel of Record or any other outside counsel. 14 2.8 Non-Party: Any natural person, partnership, corporation, association, or 15 other legal entity not named as a Party to this action. 16 2.9 Outside Counsel of Record: Attorneys who are not employees of a party to 17 this action but are retained to represent or advise a party to this action and have appeared 18 in this action on behalf of that party or are affiliated with a law firm which has appeared 19 on behalf of that party. 20 2.10 Party: Any party to this action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.11 Producing Party: A Party or Non-Party that produces Disclosure or 24 Discovery Material in this action. 25 2.12 Professional Vendors: Persons or entities that provide litigation support G No eo ud mm aa nn 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) and San Francisco, CA 94104 1 2.13 Protected Material: Any Disclosure or Discovery Material that is designated 2 as “CONFIDENTIAL.” 3 2.14 Receiving Party: A Party that receives Disclosure or Discovery Material 4 from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only Protected 7 Material (as defined above), but also (1) any information copied or extracted from 8 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 9 Material; and (3) any testimony, conversations, or presentations by Parties or their 10 Counsel that might reveal Protected Material. However, the protections conferred by this 11 Stipulation and Order do not cover the following information: (a) any information that is 12 in the public domain at the time of disclosure to a Receiving Party or becomes part of the 13 public domain after its disclosure to a Receiving Party as a result of publication not 14 involving a violation of this Order, including becoming part of the public record through 15 trial or otherwise; and (b) any information known to the Receiving Party prior to the 16 disclosure or obtained by the Receiving Party after the disclosure from a source who 17 obtained the information lawfully and under no obligation of confidentiality to the 18 Designating Party. Any use of Protected Material at trial shall be governed by a separate 19 agreement or order. 20 4. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 23 writing or a court order otherwise directs. Final disposition shall be deemed to be the later 24 of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) 25 final judgment herein after the completion and exhaustion of all appeals, rehearings, G No eo ud mm aa nn 26 remands, trials, or reviews of this action, including the time limits for filing any motions Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 or applications for extension of time pursuant to applicable law. San Francisco, CA 94104 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 3 Party or Non-Party that designates information or items for protection under this Order 4 must take care to limit any such designation to specific material that qualifies under the 5 appropriate standards. The Designating Party must designate for protection only those 6 parts of material, documents, items, or oral or written communications that qualify – so 7 that other portions of the material, documents, items, or communications for which 8 protection is not warranted are not swept unjustifiably within the ambit of this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that 10 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 11 to unnecessarily encumber or retard the case development process or to impose 12 unnecessary expenses and burdens on other parties) expose the Designating Party to 13 sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 designated for protection do not qualify for protection, that Designating Party must 16 promptly notify all other Parties that it is withdrawing the mistaken designation. 17 5.2 Manner and Timing of Designations. Except as otherwise provided in this 18 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 19 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 20 must be clearly so designated before the material is disclosed or produced. 21 Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic documents, but 23 excluding transcripts of depositions or other pretrial or trial proceedings), that the 24 Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected 25 material. If only a portion or portions of the material on a page qualifies for protection, the G No eo ud mm aa nn 26 Producing Party also must clearly identify the protected portion(s) (e.g., by making Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 appropriate markings in the margins). A Party or Non-Party that makes original San Francisco, CA 94104 1 until after the inspecting Party has indicated which material it would like copied and 2 produced. During the inspection and before the designation, all of the material made 3 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party 4 has identified the documents it wants copied and produced, the Producing Party must 5 determine which documents, or portions thereof, qualify for protection under this Order. 6 Then, before producing the specified documents, the Producing Party must affix the 7 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 8 portion or portions of the material on a page qualifies for protection, the Producing Party 9 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 10 in the margins). 11 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 12 the Designating Party identify on the record, before the close of the deposition, hearing, or 13 other proceeding, all protected testimony. 14 (c) for information produced in some form other than documentary and for any 15 other tangible items, that the Producing Party affix in a prominent place on the exterior of 16 the container or containers in which the information or item is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant 18 protection, the Producing Party, to the extent practicable, shall identify the protected 19 portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 21 to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. Upon 23 timely correction of a designation, the Receiving Party must make reasonable efforts to 24 assure that the material is treated in accordance with the provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS G No eo ud mm aa nn 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 of confidentiality at any time. Unless a prompt challenge to a Designating Party’s San Francisco, CA 94104 1 unnecessary economic burdens, or a significant disruption or delay of the litigation, a 2 Party does not waive its right to challenge a confidentiality designation by electing not to 3 mount a challenge promptly after the original designation is disclosed. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 5 process by providing written notice of each designation it is challenging and describing 6 the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, 7 the written notice must recite that the challenge to confidentiality is being made in 8 accordance with this specific paragraph of the Protective Order. The parties shall attempt 9 to resolve each challenge in good faith and must begin the process by conferring directly 10 (in voice to voice dialogue; other forms of communication are not sufficient) within 14 11 days of the date of service of notice. In conferring, the Challenging Party must explain the 12 basis for its belief that the confidentiality designation was not proper and must give the 13 Designating Party an opportunity to review the designated material, to reconsider the 14 circumstances, and, if no change in designation is offered, to explain the basis for the 15 chosen designation. A Challenging Party may proceed to the next stage of the challenge 16 process only if it has engaged in this meet and confer process first or establishes that the 17 Designating Party is unwilling to participate in the meet and confer process in a timely 18 manner. 19 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 20 intervention, the Designating Party shall file and serve a motion to retain confidentiality 21 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing 22 that the meet and confer process will not resolve their dispute, whichever is earlier. Each 23 such motion must be accompanied by a competent declaration affirming that the movant 24 has complied with the meet and confer requirements imposed in the preceding paragraph. 25 Failure by the Designating Party to make such a motion including the required declaration G No eo ud mm aa nn 26 within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 designation for each challenged designation. In addition, the Challenging Party may file a San Francisco, CA 94104 1 doing so, including a challenge to the designation of a deposition transcript or any 2 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 3 competent declaration affirming that the movant has complied with the meet and confer 4 requirements imposed by the preceding paragraph. 5 The burden of persuasion in any such challenge proceeding shall be on the 6 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 7 harass or impose unnecessary expenses and burdens on other parties) may expose the 8 Challenging Party to sanctions. Unless the Designating Party has waived the 9 confidentiality designation by failing to file a motion to retain confidentiality as described 10 above, all parties shall continue to afford the material in question the level of protection to 11 which it is entitled under the Producing Party’s designation until the court rules on the 12 challenge. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material that is 15 disclosed or produced by another Party or by a Non-Party in connection with this case 16 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 17 Material may be disclosed only to the categories of persons and under the conditions 18 described in this Order. When the litigation has been terminated, a Receiving Party must 19 comply with the provisions of section 13 below (FINAL DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a location and 21 in a secure manner that ensures that access is limited to the persons authorized under this 22 Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 24 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 25 may disclose any information or item designated “CONFIDENTIAL” only to: G No eo ud mm aa nn 26 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 employees of said Outside Counsel of Record to whom it is reasonably necessary to San Francisco, CA 94104 1 Agreement to Be Bound” that is attached hereto as Exhibit A; 2 (b) the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for this litigation and who 4 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 6 reasonably necessary for this litigation and who have signed the “Acknowledgment and 7 Agreement to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff, professional jury or trial consultants, mock 10 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 11 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 12 (Exhibit A); 13 (f) during their depositions, witnesses in the action to whom disclosure is 14 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 15 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 16 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 17 Protected Material must be separately bound by the court reporter and may not be 18 disclosed to anyone except as permitted under this Stipulated Protective Order. 19 (g) the author or recipient of a document containing the information or a custodian 20 or other person who otherwise possessed or knew the information. 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 22 OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation that 24 compels disclosure of any information or items designated in this action as 25 “CONFIDENTIAL,” that Party must: G No eo ud mm aa nn 26 (a) promptly notify in writing the Designating Party. Such notification shall Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 include a copy of the subpoena or court order; San Francisco, CA 94104 1 in the other litigation that some or all of the material covered by the subpoena or order is 2 subject to this Protective Order. Such notification shall include a copy of this Stipulated 3 Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 5 Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with the 7 subpoena or court order shall not produce any information designated in this action as 8 “CONFIDENTIAL” before a determination by the court from which the subpoena or 9 order issued, unless the Party has obtained the Designating Party’s permission. The 10 Designating Party shall bear the burden and expense of seeking protection in that court of 11 its confidential material – and nothing in these provisions should be construed as 12 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 13 from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a Non-Party 17 in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 18 Parties in connection with this litigation is protected by the remedies and relief provided 19 by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party 20 from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to produce a 22 Non-Party’s confidential information in its possession, and the Party is subject to an 23 agreement with the Non-Party not to produce the Non-Party’s confidential information, 24 then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party that some or Goodman Neuman 26 all of the information requested is subject to a confidentiality agreement with a Non-Party; Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order San Francisco, CA 94104 1 the information requested; and 2 (3) make the information requested available for inspection by the Non-Party. 3 (c) If the Non-Party fails to object or seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party may 5 produce the Non-Party’s confidential information responsive to the discovery request. If 6 the Non-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 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 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 15 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 16 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 17 unauthorized disclosures were made of all the terms of this Order, and (d) request such 18 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 19 attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain inadvertently 23 produced material is subject to a claim of privilege or other protection, the obligations of 24 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 25 This provision is not intended to modify whatever procedure may be established in an e- G No eo ud mm aa nn 26 discovery order that provides for production without prior privilege review. Pursuant to Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the San Francisco, CA 94104 1 privilege or work product protection, the parties may incorporate their agreement in the 2 stipulated protective order submitted to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to disclosing 8 or producing any information or item on any ground not addressed in this Stipulated 9 Protective Order. Similarly, no Party waives any right to object on any ground to use in 10 evidence of any of the material covered by this Protective Order. 11 12.3 Filing Protected Material. Without written permission from the Designating 12 Party or a court order secured after appropriate notice to all interested persons, a Party 13 may not file in the public record in this action any Protected Material. Protected Material 14 may only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. If a Receiving Party's request to file Protected 16 Material under seal pursuant is denied by the court, then the Receiving Party may file the 17 information in the public record unless otherwise instructed by the court. 18 13. FINAL DISPOSITION 19 Within 60 days after the final disposition of this action, as defined in paragraph 4, 20 each Receiving Party must return all Protected Material to the Producing Party or destroy 21 such material. As used in this subdivision, “all Protected Material” includes all copies, 22 abstracts, compilations, summaries, and any other format reproducing or capturing any of 23 the Protected Material. Whether the Protected Material is returned or destroyed, the 24 Receiving Party must submit a written certification to the Producing Party (and, if not the 25 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies G No eo ud mm aa nn 26 (by category, where appropriate) all the Protected Material that was returned or destroyed Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 and (2) affirms that the Receiving Party has not retained any copies, abstracts, San Francisco, CA 94104 1 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 2 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 3 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 4 work product, and consultant and expert work product, even if such materials contain 5 Protected Material. Any such archival copies that contain or constitute Protected Material 6 remain subject to this Protective Order as set forth in Section 4 (DURATION). 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 DATED: November 17, 2022 GOODMAN NEUMAN HAMILTON LLP 9 10 By: /s/ Paige Yeh PAIGE YEH 11 Attorneys for Defendant 12 HOME DEPOT U.S.A., INC. 13 14 DATED: November 17, 2022 DEITCHMAN & DEITCHMAN 15 16 By: /s/ William A. Deitchman WILLIAM A. DEITCHMAN 17 Attorneys for Plaintiffs 18 KENNETH PRESBA and KRIS PRESBA 19 20 ORDER 21 The court has reviewed the parties’ stipulated protective order. (See ECF No. 10). The 22 stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 23 141.1. The court APPROVES the protective order, subject to the following clarification. The Local Rules state that once an action is closed, “unless otherwise ordered, the court will not 24 retain jurisdiction over enforcement of the terms of any protective order filed in that action.” 25 Goodman L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Neuman 26 Hamilton LLP Cal., Feb. 03, 2017) (noting that courts in the district generally do not agree to retain jurisdiction On Se u P ito e s 2t 1S 0t 0re et 27 San Francisco, CA 94104 1 || for disputes concerning protective orders after closure of the case). Thus, the court will not 2 || retain jurisdiction over this protective order once the case is closed. 3 || Dated: November 18, 2022 : Foci) Aharon 5 KENDALL J. NE 6 UNITED STATES MAGISTRATE JUDGE pres.1241 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 9 44 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ___________________________________________________________________ [print 5 or type full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District 7 Court for the Eastern District of California, Sacramento Division, on ______________ in 8 the case of Kenneth Presba and Kris Presba v. The Home Depot U.S.A., Inc., United 9 States District Court, Eastern District of California, Sacramento Division, Case No. 2:22- 10 cv-1241-KJN PS. I agree to comply with and to be bound by all the terms of this 11 Stipulated Protective Order and I understand and acknowledge that failure to so comply 12 could expose me to sanctions and punishment in the nature of contempt. I solemnly 13 promise that I will not disclose in any manner any information or item that is subject to 14 this Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for 17 the Eastern District of California, Sacramento Division for the purpose of enforcing the 18 terms of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. 20 I hereby appoint __________________________ [print or type full name] of 21 ___________________________________________________________________ [print 22 or type full address and telephone number] as my California agent for service of process 23 in connection with this action or any proceedings related to enforcement of this Stipulated 24 Protective Order. 25 Date: ______________________________________ Goodman Neuman 26 Printed name: ______________________________________ Hamilton LLP On Se u P ito e s 2t 1S 0t 0re et 27 Signature: ______________________________________ San Francisco, CA 94104