Houston v. City of Fairfield ( 2022 )

1 KEVIN P. ALLEN, State Bar No. 252290 kallen@aghwlaw.com 2 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 3 San Francisco, CA 94104 Telephone: (415) 697-2000 4 Facsimile: (415) 813-2045 5 Attorneys for Defendants CITY OF FAIRFIELD, BRENDAN BASSI, DAVID 6 REEVES, JOSHUA SMITH, RUSSELL TAYLOR 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DANIELLE HOUSTON, No. 2:22-cv-01045 JAM DB 11 STIPULATED PROTECTIVE ORDER, 12 Plaintiff, PURSUANT TO CIVIL LOCAL RULE 141.1 13 v. 14 CITY OF FAIRFIELD, et. al, 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 information under seal; Civil Local Rule 141 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). It encompasses information where public disclosure is likely to result in 20 particularized harm, or where public disclosure would violate privacy interests recognized by law. 21 Examples of confidential information include, but are not limited to, the following: 22 a. personnel file records of any peace officer; and 23 b. medical records 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 25 well as their support staff). 26 2.4 Designating Party: a Party or Non-Party that designates information or items that 27 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 28 / / / 1 2.5 Disclosure or Discovery Material: all items or information, regardless of the 2 medium or manner in which it is generated, stored, or maintained (including, among other things, 3 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 4 responses to discovery in this matter. 5 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 6 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 7 consultant in this action. 8 2.7 House Counsel: attorneys who are employees of a party to this action. House 9 Counsel does not include Outside Counsel of Record or any other outside counsel. 10 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 11 entity not named as a Party to this action. 12 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 13 action but are retained to represent or advise a party to this action and have appeared in this action 14 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 15 2.10 Party: any party to this action, including all of its officers, directors, employees, 16 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 17 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 18 Material in this action. 19 2.12 Professional Vendors: persons or entities that provide litigation support services 20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 21 organizing, storing, or retrieving data in any form or medium) and their employees and 22 subcontractors. 23 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 24 “CONFIDENTIAL.” 25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 26 Producing Party. 27 / / / 28 / / / 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 (as defined above), but also (1) any information copied from Protected Material; (2) all copies, 4 excerpts, summaries, or compilations of Protected Material that reveal the source of the Protected 5 Material or that reveal specific information entitled to confidentiality as a matter of law; and (3) 6 any testimony, conversations, or presentations by Parties or their Counsel that might reveal 7 Protected Material. 8 However, the protections conferred by this Stipulation and Order do not cover the 9 following information: (a) any information that is in the public domain at the time of disclosure to 10 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 11 a result of publication not involving a violation of this Order, including becoming part of the 12 public record through trial or otherwise; and (b) any information known to the Receiving Party 13 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 14 obtained the information lawfully and under no obligation of confidentiality to the Designating 15 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by 18 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 20 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 21 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 22 including the time limits for filing any motions or applications for extension of time pursuant to 23 applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 26 or Non-Party that designates information or items for protection under this Order must take care 27 to limit any such designation to specific material that qualifies under the appropriate standards. 28 The Designating Party must designate for protection only those parts of material, documents, 1 items, or oral or written communications that qualify – so that other portions of the material, 2 documents, items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 5 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 6 unnecessarily encumber or retard the case development process or to impose unnecessary 7 expenses and burdens on other parties) expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it designated 9 for protection do not qualify for protection, that Designating Party must promptly notify all other 10 Parties that it is withdrawing the mistaken designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 12 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 13 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 14 designated before the material is disclosed or produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic documents, but 17 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 19 portion or portions of the material on a page qualifies for protection, the Producing Party also 20 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 21 margins). A Party or Non-Party that makes original documents or materials available for 22 inspection need not designate them for protection until after the inspecting Party has indicated 23 which material it would like copied and produced. During the inspection and before the 24 designation, all of the material made available for inspection shall be deemed 25 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 26 produced, the Producing Party must determine which documents, or portions thereof, qualify for 27 protection under this Order. Then, before producing the specified documents, the Producing Party 28 must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 1 portion or portions of the material on a page qualifies for protection, the Producing Party also 2 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 3 margins). 4 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 5 Designating Party identify on the record, before the close of the deposition, hearing, or other 6 proceeding, all protected testimony. 7 (c) for information produced in some form other than documentary and for any other 8 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 9 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If the 10 information is produced electronically, then the term “CONFIDENTIAL” must appear in the 11 name of each electronic file containing confidentially designated information. If only a portion or 12 portions of the information or item warrant protection, the Producing Party, to the extent 13 practicable, shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 15 designate qualified information or items does not, standing alone, waive the Designating Party’s 16 right to secure protection under this Order for such material. Upon timely correction of a 17 designation, the Receiving Party must make reasonable efforts to assure that the material is 18 treated in accordance with the provisions of this Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 21 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 22 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 23 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 24 challenge a confidentiality designation by electing not to mount a challenge promptly after the 25 original designation is disclosed. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 27 process by providing written notice of each designation it is challenging and describing the basis 28 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 1 notice must recite that the challenge to confidentiality is being made in accordance with the 2 Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin 3 the process by conferring directly (in voice to voice dialogue; other forms of communication are 4 not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party 5 must explain the basis for its belief that the confidentiality designation was not proper and must 6 give the Designating Party an opportunity to review the designated material, to reconsider the 7 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 8 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 9 has engaged in this meet and confer process first or establishes that the Designating Party is 10 unwilling to participate in the meet and confer process in a timely manner. 11 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 12 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 13 Civil Local Rule 230 (and in compliance with Civil Local Rule 141, if applicable) within 21 days 14 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 15 process will not resolve their dispute, whichever is earlier. Each such motion must be 16 accompanied by a competent declaration affirming that the movant has complied with the meet 17 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 18 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 19 shall automatically waive the confidentiality designation for each challenged designation. In 20 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 21 time if there is good cause for doing so, including a challenge to the designation of a deposition 22 transcript or any portions thereof. Any motion brought pursuant to this provision must be 23 accompanied by a competent declaration affirming that the movant has complied with the meet 24 and confer requirements imposed by the preceding paragraph. 25 The burden of persuasion in any such challenge proceeding shall be on the Designating 26 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 27 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 28 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 1 file a motion to retain confidentiality as described above, all parties shall continue to afford the 2 material in question the level of protection to which it is entitled under the Producing Party’s 3 designation until the court rules on the challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 6 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 7 defending, or attempting to settle this litigation. Such Protected Material may be disclosed by any 8 party only to the categories of persons and under the conditions described in this Order. When the 9 litigation has been terminated, a Receiving Party must comply with the provisions of section 13 10 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by all parties at a location and in a 12 secure manner that ensures that access is limited to the persons authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 14 by the court or permitted in writing by agreement of both Designating Party and Receiving Party, 15 all parties may disclose any information or item designated “CONFIDENTIAL” only to: 16 (a) the Party’s Outside Counsel of Record in this action, as well as employees of said 17 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 18 litigation (counsel and law firms appearing in this action are deemed to have agreed to be bound 19 by this Protective Order); 20 (b) the officers, directors, and employees (including House Counsel) of the Party to 21 whom disclosure is reasonably necessary for this litigation, including employees and agents of the 22 designating party(ies) in the normal course of their business with due regard for the confidential 23 nature of the information under this protective order; 24 (c) Experts (as defined in this Order) of any Party to whom disclosure is reasonably 25 necessary for this litigation; 26 (d) the court and its personnel; 27 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 28 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 3 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 4 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 6 bound by the court reporter and may not be disclosed to anyone except as permitted under this 7 Stipulated Protective Order or as agreed by all parties. 8 (g) the author or recipient of a document containing the information or a custodian or 9 other person who otherwise possessed or knew the information. 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 the 18 other litigation that some or all of the material covered by the subpoena or order is subject to this 19 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 21 Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the 23 subpoena or court order shall not produce any information designated in this action as 24 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 25 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 26 shall bear the burden and expense of seeking protection in that court of its confidential material – 27 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 28 Party in this action to disobey a lawful directive from another court. 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non-Party in this 4 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 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 Non- 9 Party’s confidential information in its possession, and the Party is subject to an agreement with 10 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 some 12 or all of the information requested is subject to a confidentiality agreement with a 13 Non-Party; 14 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 15 in this litigation, the relevant discovery request(s), and a reasonably specific 16 description of the information requested; and 17 (3) make the information requested available for inspection by the Non-Party. 18 (c) If the Non-Party fails to object or seek a protective order from this court within 14 19 days of receiving the notice and accompanying information, the Receiving Party may produce the 20 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 21 seeks a protective order, the Receiving Party shall not produce any information in its possession 22 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 Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to 27 any person or in any circumstance not authorized under this Stipulated Protective Order, the Party 28 must immediately (a) notify in writing all Parties of the unauthorized disclosures, (b) use its best 1 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 2 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) 3 request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 4 that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 6 MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain inadvertently 8 produced material is subject to a claim of privilege or other protection, the obligations of the 9 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 10 provision is not intended to modify whatever procedure may be established in an e-discovery 11 order that provides for production without prior privilege review. Pursuant to Federal Rule of 12 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 13 communication or information covered by the attorney-client privilege or work product 14 protection, the parties may incorporate their agreement in the stipulated protective order 15 submitted to the court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 18 seek its modification by the court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 20 Order no Party waives any right it otherwise would have to object to disclosing or producing any 21 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 22 Party waives any right to object on any ground to use in evidence of any of the material covered 23 by this Protective Order. 24 12.3 Filing Protected Material. Without written permission of all parties or a court order 25 secured after appropriate notice to all interested persons, a Party may not file in the public record 26 in this action any Protected Material. A Party that seeks to file under seal any Protected Material 27 must comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant 28 to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to 1 Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 2 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection 3 under the law. If a Party's request to file Protected Material under seal pursuant to Civil Local 4 Rule 141(b) is denied by the court, then the any Party may file the information in the public 5 record pursuant to Civil Local Rule 141(e)(1) unless otherwise instructed by the court. 6 13. FINAL DISPOSITION 7 Within 60 days after the final disposition of this action, as defined in paragraph 4, upon 8 written notification served by Producing or Designating Party, each Receiving Party must return 9 all Protected Material to the Producing Party or destroy such material. As used in this subdivision, 10 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other 11 format reproducing or capturing any of the Protected Material. Whether the Protected Material is 12 returned or destroyed, the Receiving Party must submit a written certification to the Producing 13 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that 14 (1) identifies (by category, where appropriate) all the Protected Material that was returned or 15 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 16 compilations, summaries or any other format reproducing or capturing any of the Protected 17 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 18 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 19 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 20 consultant and expert work product, even if such materials contain Protected Material. Any such 21 archival copies that contain or constitute Protected Material remain subject to this Protective 22 Order as set forth in Section 4 (DURATION). 23 24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. LAW OFFICES OF PANOS LAGOS 25 DATED: November 16, 2022 26 _/s/ Panos Lagos PANOS LAGOS 27 Attorneys for Plaintiff DANIELLE HOUSTON 28 1 2 LAW OFFICE OF SANJAY S. SCHMIDT 3 DATED: November 16, 2022 4 _/s/ Sanjay S. Schmidt SANJAY S. SCHMIDT 5 Attorneys for Plaintiff DANIELLE HOUSTON 6 ALLEN, GLAESSNER, HAZELWOOD & 7 DATED: November 28, 2022 WERTH, LLP 8 _/s/ Kevin Allen 9 KEVIN ALLEN Attorney for Defendants 10 CITY OF FAIRFIELD, BRENDAN BASSI, DAVID REEVES, JOSHUA SMITH, 11 RUSSELL TAYLOR 12 13 ORDER 14 IT IS HEREBY ORDERED that the parties’ stipulation is granted. 15 IT IS FURTHER ORDERED THAT: 16 1. Requests to seal documents shall be made by motion before the same judge who will 17 decide the matter related to that request to seal. 18 2. The designation of documents (including transcripts of testimony) as confidential 19 pursuant to this order does not automatically entitle the parties to file such a document with the 20 court under seal. Parties are advised that any request to seal documents in this district is governed 21 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 22 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 23 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 24 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 25 the requested duration, the identity, by name or category, of persons to be permitted access to the 26 document, and all relevant information.” L.R. 141(b). 27 3. A request to seal material must normally meet the high threshold of showing that 28 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 1 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 2 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 3 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 4 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 5 certain documents, at any court hearing or trial – such determinations will only be made by the 6 court at the hearing or trial, or upon an appropriate motion. 7 5. With respect to motions regarding any disputes concerning this protective order which 8 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 9 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 10 parte basis or on shortened time. 11 6. The parties may not modify the terms of this Protective Order without the court’s 12 approval. If the parties agree to a potential modification, they shall submit a stipulation and 13 proposed order for the court’s consideration. 14 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 15 of the terms of this Protective Order after the action is terminated. 16 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 17 hereby DISAPPROVED. 18 DATED: December 1, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand 5 the Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on [date] in the case of Houston v. City of Fairfield, et al., United States 7 District Court for the Eastern District of California, Case No. 2:22-cv-01045-JAM-DB 8 . I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner 11 any information or item that is subject to this Stipulated Protective Order to any person or entity 12 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 the purpose of enforcing the terms of this Stipulated Protective Order, 15 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 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 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28