King v. City of Sacramento ( 2023 )

1 KELLAN S. PATTERSON, ESQ. SB No. 307190 Law Office of Kellan Patterson 2 2450 Venture Oaks Way, Suite 200 3 Sacramento, CA 95833 P: (916) 905-7265 4 F: (916) 721-2742 5 E: info@kellanpatterson.com 6 Attorney for Plaintiff TRAVIS KING 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS KING, an individual, No. 2:20-cv-1326-KJM-DB 12 Plaintiff, STIPULATION AND PROTECTIVE ORDER 13 v. 14 CITY OF SACRAMENTO, as a municipality, JONATHAN HOUSTON, in 15 his individual capacity, ANTHONY BOLER, in his individual capacity, ERIC 16 KLOCKENBRINK, COSTCO WHOLESALE CORPORATION and 17 DOES 1-100; 18 Defendants. 19 20 1. PURPOSES AND LIMITATIONS 21 Disclosure and discovery activity in this action are likely to involve production of 22 confidential, proprietary, or private information for which special protection from public 23 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 24 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 25 all disclosures or responses to discovery and that the protection it affords from public disclosure 26 and use extends only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. The parties further acknowledge, as set forth in Section 28 1 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 2 information under seal; Civil Local Rules 140 and 141 sets forth the procedures that must be 3 followed and the standards that will be applied when a party seeks permission from the court to 4 file material under seal. 5 2. DEFINITIONS 6 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or 7 items under this Order. 8 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 9 generated, stored or maintained) or tangible things that qualify for protection under 10 Federal Rule of Civil Procedure 26(c). 11 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 12 well as their support staff). 13 2.4 Designating Party: a Party or Non-Party that designates information or items that 14 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 15 2.5 Disclosure or Discovery Material: all items or information, regardless of the 16 medium or manner in which it is generated, stored, or maintained (including, among other 17 things, testimony, transcripts, and tangible things), that are produced or generated in 18 disclosures or responses to discovery in this matter. 19 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 20 the litigation who has been retained by a Party or its counsel to serve as an expert witness 21 or as a consultant in this action. 22 2.7 House Counsel: attorneys who are employees of a party to this action. House 23 Counsel does not include Outside Counsel of Record or any other outside counsel. 24 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 25 entity not named as a Party to this action. 26 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 27 action but are retained to represent or advise a party to this action and have appeared in 28 this action on behalf of that party or are affiliated with a law firm which has appeared on 1 behalf of that party. 2 2.10 Party: any party to this action, including all of its officers, directors, employees, 3 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 4 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 5 Material in this action. 6 2.12 Professional Vendors: persons or entities that provide litigation support services 7 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 8 organizing, storing, or retrieving data in any form or medium) and their employees and 9 subcontractors. 10 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 11 “CONFIDENTIAL.” 12 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 13 Producing Party. 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only Protected Material 16 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 17 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 18 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following 19 information: (a) any information that is in the public domain at the time of disclosure to a 20 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 21 a result of publication not involving a violation of this Order, including becoming part of the 22 public record through trial or otherwise; and (b) any information known to the Receiving Party 23 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 24 obtained the information lawfully and under no obligation of confidentiality to the Designating 25 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 26 4. DURATION 27 Even after final disposition of this litigation, the confidentiality obligations imposed by 28 1 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 2 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 3 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 4 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 5 including the time limits for filing any motions or applications for extension of time pursuant to 6 applicable law. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 9 or Non-Party that designates information or items for protection under this Order must take care 10 to limit any such designation to specific material that qualifies under the appropriate standards. 11 The Designating Party must designate for protection only those parts of material, documents, 12 items, or oral or written communications that qualify – so that other portions of the material, 13 documents, items, or communications for which protection is not warranted are not swept 14 unjustifiably within the ambit of this Order. 15 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 16 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 17 unnecessarily encumber or retard the case development process or to impose unnecessary 18 expenses and burdens on other parties) expose the Designating Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it designated 20 for protection do not qualify for protection, that Designating Party must promptly notify all other 21 Parties that it is withdrawing the mistaken designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 23 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 24 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 25 designated before the material is disclosed or produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic documents, but 28 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 1 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 2 portion or portions of the material on a page qualifies for protection, the Producing Party also 3 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated 5 which material it would like copied and produced. During the inspection and before the 6 designation, all of the material made available for inspection shall be deemed 7 “CONFIDENTIAL.” 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 Party 10 must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 11 portion or portions of the material on a page qualifies for protection, the Producing Party also 12 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 13 margins). 14 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 15 Designating Party identify on the record, before the close of the deposition, hearing, or other 16 proceeding, all protected 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 or item is stored the legend “CONFIDENTIAL.” If only a 20 portion or portions of the information or item warrant protection, the Producing Party, to the 21 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 /// 28 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 3 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 6 challenge a confidentiality designation by electing not to mount a challenge promptly after the 7 original designation is disclosed. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 9 process by providing written notice of each designation it is challenging and describing the basis 10 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 11 notice must recite that the challenge to confidentiality is being made in accordance with this 12 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 13 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 14 forms of communication are not sufficient) within 14 days of the date of service of notice. In 15 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 16 designation was not proper and must give the Designating Party an opportunity to review the 17 designated material, to reconsider the circumstances, and, if no change in designation is offered, 18 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 19 stage of the challenge process only if it has engaged in this meet and confer process first or 20 establishes that the Designating Party is unwilling to participate in the meet and confer process in 21 a timely manner. 22 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 23 intervention, the Designating Party shall file and serve a motion to retain confidentiality (and in 24 compliance with Civil Local Rules 140, 141 and 141,1, if applicable) within 21 days of the initial 25 notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 26 competent declaration affirming that the movant has complied with the meet and confer 27 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 28 1 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 2 automatically waive the confidentiality designation for each challenged designation. In addition, 3 the Challenging Party may file a motion challenging a confidentiality designation at any time if 4 there is good cause for doing so, including a challenge to the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision must be 5 accompanied by a competent declaration affirming that the movant has complied with the meet 6 and confer requirements imposed by the preceding paragraph. 7 The burden of persuasion in any such challenge proceeding shall be on the Designating 8 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 9 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 10 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 11 file a motion to retain confidentiality as described above, all parties shall continue to afford the 12 material in question the level of protection to which it is entitled under the Producing Party’s 13 designation until the court rules on the challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 16 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 17 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 18 the categories of persons and under the conditions described in this Order. When the litigation has 19 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 20 DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a location and 22 in a secure manner that ensures that access is limited to the persons authorized under this Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 24 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 25 information or item designated “CONFIDENTIAL” only to:(a) the Receiving Party’s Outside 26 Counsel of Record in this action, as well as employees of said Outside Counsel of Record to 27 whom it is reasonably necessary to disclose the information for this litigation and who have 28 1 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 2 (b) the officers, directors, and employees (including House Counsel) of the Receiving 3 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 4 “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 jurors, and 10 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 13 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 14 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 15 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 16 bound by the court reporter and may not be disclosed to anyone except as permitted under this 17 Stipulated Protective Order. 18 (g) the author or recipient of a document containing the information or a custodian or 19 other person who otherwise possessed or knew the information. 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 21 OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation that compels 23 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 24 must: 25 (a) promptly notify in writing the Designating Party. Such notification shall include a 26 copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 28 other litigation that some or all of the material covered by the subpoena or order is subject to this 1 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 2 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 3 Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with the 5 subpoena or court order shall not produce any information designated in this action as 6 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 7 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 8 shall bear the burden and expense of seeking protection in that court of its confidential material – 9 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 10 Party in this action to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 12 THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a Non-Party in this 14 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 15 connection with this litigation is protected by the remedies and relief provided by this Order. 16 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 17 additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 19 Party’s confidential information in its possession, and the Party is subject to an agreement with 20 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the Non-Party that some 22 or all of the information requested is subject to a confidentiality agreement with a Non- 23 Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 25 Order in this litigation, the relevant discovery request(s), and a reasonably specific 26 description of the information requested; and 27 (3) make the information requested available for inspection by the Non-Party. 28 (c) If the Non-Party fails to object or seek a protective order from this court within 14 1 days of receiving the notice and accompanying information, the Receiving Party may produce the 2 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 3 seeks a protective order, the Receiving Party shall not produce any information in its possession 4 or control that is subject to the confidentiality agreement with the Non-Party before a 5 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 6 burden and expense of seeking protection in this court of its Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 9 Material to any person or in any circumstance not authorized under this Stipulated Protective 10 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 11 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 12 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 13 made of all the terms of this Order, and (d) request such person or persons to execute the 14 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain inadvertently 18 produced material is subject to a claim of privilege or other protection, the obligations of the 19 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 20 provision is not intended to modify whatever procedure may be established in an e-discovery 21 order that provides for production without prior privilege review. Pursuant to Federal Rule of 22 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 23 communication or information covered by the attorney-client privilege or work product 24 protection, the parties may incorporate their agreement in the stipulated protective order 25 submitted to the court. 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 28 seek its modification by the court in the future. 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 2 Order no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 4 Party waives any right to object on any ground to use in evidence of any of the material covered 5 by this Protective Order. 6 12.3 Filing Protected Material. Without written permission from the Designating Party 7 or a court order secured after appropriate notice to all interested persons, a Party may not file in 8 the public record in this action any Protected Material. A Party that seeks to file under seal any 9 Protected Material must comply with Civil Local Rules 140, 141 and 141.1. Protected Material 10 may only be filed under seal pursuant to a court order authorizing the sealing of the specific 11 Protected Material at issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon 12 a request establishing that the Protected Material at issue is privileged, protectable as a trade 13 secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file 14 Protected Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the 15 Receiving Party may file the information in the public record pursuant to Civil Local Rule 140 16 unless otherwise instructed by the court. 17 13. FINAL DISPOSITION 18 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 19 Receiving Party must return all Protected Material to the Producing Party or destroy such 20 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 23 submit a written certification to the Producing Party (and, if not the same person or entity, to the 24 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 25 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 26 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 27 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 28 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 1 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 2 product, and consultant and expert work product, even if such materials contain Protected 3 Material. Any such archival copies that contain or constitute Protected Material remain subject to 4 this Protective Order as set forth in Section 4 (DURATION). 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 Dated: LAW OFFICE OF KELLAN PATTERSON 7 8 By: /s/ Kellan S Patterson__________________ 9 Kellan Patterson Attorney for Plaintiff TRAVIS KING 10 11 Dated: MATHENY SEARS LINKERT & JAIME LLP 12 By: /s/ Matthew C. Jaime 13 MATTHEW C. JAIME, ESQ. 14 Attorneys for Defendants COSTCO WHOLESALE CORPORATION and 15 ERIC KLOCKENBRINK 16 17 Dated: CITY OF SACRAMENTO 18 19 By: /s/ Sean Richmond SEAN RICHMOND, ESQ. 20 Attorney for Defendants, CITY OF SACRAMENTO, as a municipality, 21 JONATHAN HOUSTON and ANTHONY BOLER 22 23 24 25 26 27 28 1 ORDER 2 IT IS HEREBY ORDERED that the parties’ stipulation is granted. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the 8 court under seal. Parties are advised that any request to seal documents in this district is governed 9 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 the requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 19 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 certain documents, at any court hearing or trial – such determinations will only be made by the 22 court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 25 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 26 parte basis or on shortened time. 27 //// 28 //// 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 of the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: January 12, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand 3 the Stipulated Protective Order that was issued by the United States District Court for the Eastern District of California on [date] in the case of ___________ [insert formal name of the case and 4 the number and initials assigned to it by the court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 5 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this 6 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 7 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 8 even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of 9 _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any 10 proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ 11 City and State where sworn and signed: _________________________________ Printed name: _______________________________ 12 Signature: __________________________________ 13 Dated: ______________, 2019 14 _____________________________________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28