Dibbern v. City of Bakersfield ( 2023 )

1 BURRIS, NISENBAUM, CURRY, AND LACY LLP JOHN L. BURRIS, Esq. (SBN 69888) 2 Airport Corporate Centre 3 7677 Oakport Street, Suite 1120 Oakland, California 94621 4 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 5 john.burris@bncllaw.com 6 BURRIS, NISENBAUM, CURRY, AND LACY LLP 7 DEWITT M. LACY, Esq. (SBN 258789) JULIA N. QUESADA, Esq. (SBN 337872) 8 LENA P. ANDREWS, Esq. (SBN 342471) 9701 Wilshire Blvd., Suite 1000 9 Beverly Hills, California 90212 Telephone: (310) 601-7070 10 Facsimile: (510) 839-3882 11 dewitt.lacy@bncllaw.com julia.quesada@bncllaw.com 12 lena.andrews@bncllaw.com 13 Attorneys for Plaintiff, 14 Jeffrey Dibbern UNITED STATES DISTRICT COURT 15 16 EASTERN DISTRICT OF CALIFORNIA 17 JEFFREY DIBBERN, an individual, CASE NO.: 1:22-cv-00723-CDB 18 Plaintiff, ORDER GRANTING STIPULATED 19 vs. PROTECTIVE ORDER 20 CITY OF BAKERSFIELD, a municipal entity; ANTHONY KIDWELL, individually and in his 21 official capacity as a police officer for the Bakersfield Police Department; JEFFREY 22 KING, individually and in his official capacity 23 as a police officer for the Bakersfield Police Department; JAIME VELAZQUEZ, 24 individually and in his official capacity as a police officer for the Bakersfield Police 25 Department; NGHIA DUONG, individually and in his official capacity as a police officer for the 26 Bakersfield Police Department; FABIAN 27 SALAZAR, individually and in his official capacity as a police officer for the Bakersfield 28 1 Police Department; GARETT SANFORD, individually and in his official capacity as a 2 police officer for the Bakersfield Police 3 Department; and DOES 1-50, inclusive, individually and in their official capacity as 4 police officers for the Bakersfield Police Department, 5 Defendants. 6 7 8 TO THE HONORABLE COURT: 9 By and through their counsel of record in this action, Plaintiff JEFFREY DIBBERN 10 ("Plaintiff"), and Defendants CITY OF BAKERSFIELD, ANTHONY KIDWELL, JEFFREY 11 KING, JAIME VELAZQUEZ, NGHIA DUONG, FABIAN SALAZAR, and GARETT 12 SANFORD ("Defendants") – the Parties – hereby stipulate for the purpose of jointly requesting 13 that the honorable Court enter a protective order regarding the confidential documents in in this 14 matter [and pursuant to Fed. R. Civ. P. 5.2, 7, and 26; U.S. Dist. Ct., E.D. Cal., Local Rules 15 141.1, 143, and 302(c)(2); and any applicable Orders of the Court] as follows: 16 1. INTRODUCTION 17 1.1 PURPOSES AND LIMITATIONS 18 Disclosure and discovery activity in this action are likely to involve production of 19 confidential, proprietary, or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 21 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 22 Protective Order. The Parties acknowledge that this Order does not confer blanket protections on 23 all disclosures or responses to discovery and that the protection it affords from public disclosure 24 and use extends only to the limited information or items that are entitled to confidential treatment 25 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 26 below, that this Stipulated Protective Order does not entitle them to file confidential information 27 28 1 under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards 2 that will be applied when a party seeks permission from the court to file material under seal. 3 1.2 GOOD CAUSE STATEMENT 4 The parties maintain that good cause exists for entry of a protective order in this action. 5 Oliner v. Kontrabecki, 745 F.3d 1024, 1026 (9th Cir. 2014). This civil rights action arises out of 6 the events set forth in Plaintiff’s Operative Complaint which seeks damages for: (1) Violation of 7 the Fourth Amendment of the U.S. Constitution- Excessive Force; (2) Violation of the Fourteenth 8 Amendment of the U.S. Constitution- Denial of Medical Care; (3) Monell- Municipal Liability for 9 Unconstitutional Custom or Policy; (4) Conspiracy to Violate Civil Rights; (5) Violation of 10 Caifornia Civil Code § 52.1; (6) Battery/Assault; (7) Intentional Infliction of Emotional Distress; 11 and (8) Negligence. 12 This litigation is in the early stages of discovery. The Parties contend that some of the 13 documents and information that will be produced during the discovery process contain confidential 14 information. Specifically, Defendant Officers are peace officers whose personnel records are 15 confidential under California law. Portions of police personnel records may be disclosed, as well 16 as documents reflecting policies, functioning, training, schedules, or other operational details of 17 law enforcement, and these must also be protected from public disclosure in order to ensure the 18 safety and security of law enforcement and the public. The personnel records warrant special 19 protection from public disclosure and from use for any purpose other than prosecution of this 20 action. Such confidential and proprietary materials and information consist of, among other things, 21 confidential employment and personnel information relating to a peace officer which is otherwise 22 generally unavailable to the public, or which may be privileged or otherwise protected from 23 disclosure under state or federal statutes, court rules, case decisions, or common law. 24 In light of the nature of the claims and allegations in this case and the Parties’ 25 representations that discovery in this case will involve the production of confidential records and 26 information, and in order to expedite the flow of information, to facilitate the prompt resolution of 27 disputes over confidentiality of discovery materials, to adequately protect information the parties 28 1 are entitled to keep confidential, to ensure that the Parties are permitted reasonable necessary uses 2 of such material in connection with this action, to address their handling of such material at the 3 end of the litigation, and to serve the ends of justice, a protective order for such information is 4 justified in this matter. The Parties shall not designate any information/documents as confidential 5 without a good faith belief that such information/documents have been maintained in a 6 confidential, non-public manner, and that there is good cause or a compelling reason why it should 7 not be part of the public record of this case. 8 2. DEFINITIONS 9 2.1 Action: Jeffrey Dibbern v. City of Bakersfield, et al., Case No.: 1:22-cv-00723- 10 CDB, pending in the United States District Court, Eastern District of California. 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 12 information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 14 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 15 of Civil Procedure 26(c). 16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support 17 staff). 18 2.5 Designating Party: a Party or Non-Party that designates information or items that 19 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 20 2.6 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 things, 22 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 23 responses to discovery in this matter. 24 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 25 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 26 consultant in this action. 27 2.8 House Counsel: attorneys who are employees of a party to this action. House 28 1 Counsel does not include Outside Counsel of Record or any other outside counsel. 2 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 3 entity not named as a Party to this action. 4 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 5 action but are retained to represent or advise a party to this action and have appeared in this action 6 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 7 2.11 Party: any party to this action, including all of its officers, directors, employees, 8 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 9 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 10 Material in this action. 11 2.13 Professional Vendors: persons or entities that provide litigation support services 12 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 13 organizing, storing, or retrieving data in any form or medium) and their employees and 14 subcontractors. 15 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 16 “CONFIDENTIAL.” 17 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 18 Producing Party. 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only Protected Material 21 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 22 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 23 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 24 However, the protections conferred by this Stipulation and Order do not cover the following 25 information: (a) any information that is in the public domain at the time of disclosure to a 26 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 27 a result of publication not involving a violation of this Order, including becoming part of the public 28 1 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 2 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 3 the information lawfully and under no obligation of confidentiality to the Designating Party. 4 Any use of Protected Material at trial shall be governed by a separate agreement or order. 5 This Order does not govern the use of Protected Material at trial. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations imposed by this 8 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 9 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 10 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 11 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 12 including the time limits for filing any motions or applications for extension of time pursuant to 13 applicable law. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 16 or Non-Party that designates information or items for protection under this Order must take care 17 to limit any such designation to specific material that qualifies under the appropriate standards. 18 The Designating Party must designate for protection only those parts of material, documents, 19 items, or oral or written communications that qualify – so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not swept 21 unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 23 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 24 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 25 and burdens on other parties) expose the Designating Party to sanctions. 26 27 28 1 If it comes to a Designating Party’s attention that information or items that it designated 2 for protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents or materials available for 15 inspection need not designate them for protection until after the inspecting Party has indicated 16 which material it would like copied and produced. During the inspection and before the 17 designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” 18 After the inspecting Party has identified the documents it wants copied and produced, the 19 Producing Party must determine which documents, or portions thereof, qualify for protection under 20 this Order. Then, before producing the specified documents, the Producing Party must affix the 21 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 22 portions of the material on a page qualifies for protection, the Producing Party also must clearly 23 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 24 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 25 Designating Party identify on the record, before the close of the deposition, hearing, or other 26 proceeding, all protected testimony. 27 (c) for information produced in some form other than documentary and for any other 28 1 tangible items, the Producing Party must affix in a prominent place on the exterior of the container 2 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 3 portion or portions of the information or item warrant protection, the Producing Party, to the extent 4 practicable, shall identify the protected portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 6 designate qualified information or items does not, standing alone, waive the Designating Party’s 7 right to secure protection under this Order for such material. Upon timely correction of a 8 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 9 in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 challenge a confidentiality designation by electing not to mount a challenge promptly after the 16 original designation is disclosed. 17 18 6.2 Objecting to Designation and Judicial Intervention. A party may at any time object 19 to the designation of Information as CONFIDENTIAL and move the Court for an order declaring 20 that such Information not be designated CONFIDENTIAL. No motion relating to the designation of Information as CONFIDENTIAL shall be filed without first completing the following steps. 21 First, the moving party SHALL confer with the opposing party in a good faith effort to resolve the 22 dispute. Second, if the good faith effort is unsuccessful, the moving party promptly shall seek a 23 telephonic hearing with all involved parties and the Magistrate Judge. It shall be the obligation of 24 the moving party to arrange and originate the conference call to the court. Counsel must comply 25 with the Court’s procedures and Local Rule 251 or the motion will be denied with prejudice and 26 dropped from calendar. 27 28 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 Receiving 18 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 19 “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 reasonably 28 1 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 2 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 4 bound by the court reporter and may not be disclosed to anyone except as permitted under this 5 Stipulated Protective Order; 6 (g) the author or recipient of a document containing the information or a custodian or 7 other person who otherwise possessed or knew the information; and 8 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed 9 on by any of the Parties engaged in settlement discussions or appointed by the Court. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 11 LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation that compels 13 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party 14 must: 15 (a) promptly notify in writing the Designating Party. Such notification shall include a 16 copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to issue in 18 the other litigation that some or all of the material covered by the subpoena or order is subject to 19 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 20 and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 22 Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with the subpoena 24 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 25 before a determination by the court from which the subpoena or order issued, unless the Party has 26 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 27 expense of seeking protection in that court of its confidential material – and nothing in these 28 1 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 2 disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 4 LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non-Party in 6 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 7 connection with this litigation is protected by the remedies and relief provided by this Order. 8 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 9 additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 11 Party’s confidential information in its possession, and the Party is subject to an agreement with the 12 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party that some 14 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 16 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 17 information requested; and 18 (3) make the information requested available for inspection by the Non-Party. 19 (c) If the Non-Party fails to object or seek a protective order from this court within 14 20 days of receiving the notice and accompanying information, the Receiving Party may produce the 21 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 22 seeks a protective order, the Receiving Party shall not produce any information in its possession 23 or control that is subject to the confidentiality agreement with the Non-Party before a 24 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 25 burden and expense of seeking protection in this court of its Protected Material. 26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 28 1 Material to any person or in any circumstance not authorized under this Stipulated Protective 2 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 3 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 4 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 5 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 8 MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain inadvertently 10 produced material is subject to a claim of privilege or other protection, the obligations of the 11 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 12 is not intended to modify whatever procedure may be established in an e-discovery order that 13 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 14 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 15 communication or information covered by the attorney-client privilege or work product protection, 16 the parties may incorporate their agreement in the stipulated protective order submitted to the 17 court. 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 20 seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 22 no Party waives any right it otherwise would have to object to disclosing or producing any 23 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 24 Party waives any right to object on any ground to use in evidence of any of the material covered 25 by this Protective Order. 26 12.3 Filing Protected Material. Without written permission from the Designating Party 27 or a court order secured after appropriate notice to all interested persons, a Party may not file in 28 1 the public record in this action any Protected Material. A Party that seeks to file under seal any 2 Protected Material must comply with Civil Local Rule 143. Protected Material may only be filed 3 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 4 issue. Pursuant to Civil Local Rule 143, a sealing order will issue only upon a request establishing 5 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 6 to protection under the law. If a Receiving Party's request to file Protected Material under seal 7 pursuant to Civil Local Rule 143 is denied by the court, then the Receiving Party may file the 8 information in the public record pursuant to Civil Local Rule 143 unless otherwise instructed by 9 the Court. 10 13. FINAL DISPOSITION 11 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 12 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 13 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected Material. 15 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, 16 motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 17 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work 18 product, even if such materials contain Protected Material. Any such archival copies that contain 19 or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 20 (DURATION). 21 22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 || Dated: April 18, 2023 BURRIS, NISENBAUM, CURRY, & LACY 3 4 By:___/s/ Julia N. Quesada JOHN L. BURRIS 5 DeWITT M. LACY JULIA N. QUESADA 6 LENA P. ANDREWS 7 Attorneys for Plaintiff, Jeffrey Dibbern 8 9 10 |) Dated: April 18, 2023 MARDEROSIAN & COHEN 11 12 By: __/s/ Heather S. Cohen MICHAEL G. MARDEROSIAN 13 HEATHER S. COHEN 14 Attorneys for Defendants, 15 City of Bakersfield, Anthony Kidwell, Jeffrey King, 16 Jaime Velazquez, Nghia Duong, Fabian Salazar, and Garett Sanford 17 18 19 IS SO ORDERED. 20 Dated: _ April 20, 2023 | wv ML D ( ~ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [full name], of _________________ [full 4 address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the U.S. District Court for the Central District 6 of California on [date] in the case of ___________ [insert case name and number]. I agree to 7 comply with and to be bound by all terms of this Stipulated Protective Order, and I understand 8 and acknowledge that failure to so comply could expose me to sanctions and punishment, 9 including contempt. I solemnly promise that I will not disclose in any manner any information 10 or item that is subject to this Stipulated Protective Order to any person or entity except in strict 11 compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the U.S. District Court for the Central 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 14 even if such enforcement proceedings occur after termination of this action. I hereby appoint 15 __________________________ [full name] of 16 _______________________________________ [full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related 18 to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28