Opinion

Susan Tellem v. Select Portfolio Servicing, Inc.

Court: District Court, C.D. California
Filed: Aug 13, 2020
Cited by: 0 cases
Authority: More cited than 17.9%

distinguishing “good cause” 15 16 showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” 15 16 showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record

Written by the judges who cited it.

The opinion

1 M(adicmaiht tSed. Aprdok ihnasc, Eviscqe. )

2 THE ADKINS FIRM, P.C

1025 Westhaven Blvd., Suite 220

3 Franklin, Tennessee 37064

T: (615) 370.9659

4 F: (205) 208.9632

E: MicahAdkins@ItsYourCreditReport.com

William A. Baird, Esq.

6 (Bar # 192675)

Baird Law Firm

7 2625 Townsgate Road, 330

Westlake Village, Ca. 91361

8 (805)-267-1209 Phone

william.a.baird.1@gmail.com

9 COUNSEL FOR PLAINTIFF

SUSAN TELLEM

Steven M. Dailey #163857

11 Rebecca L. Wilson #257613

KUTAK ROCK LLP

12 5 Park Plaza, Suite 1500 Irvine, CA 92614-8595

Telephone: (949) 417-0999

13 Facsimile: (949) 417-5394

Email: steven.dailey@kutakrock.com

14 rebecca.wilson@kutakrock.com

COUNSEL FOR DEFENDANT

15 SELECT PORTFOLIO SERVICING, INC.

Jennifer Bergh

17 jbergh@qslwm.com

Quilling, Selander, Lownds,

18 Winslett & Moser, P.C.

6900 N. Dallas Parkway, Suite 800

19 Plano, TX 75024

(214) 560-5460

20 (214) 871-2111 Fax

COUNSEL FOR DEFENDANT

21 TRANS UNION, LLC

UNITED STATES DISTRICT COURT

23 CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

3 SUSAN TELLEM, an individual,

Plaintiff, Civil Action No. 2:20−cv−01907 AB

5 (RAOx)

vs.

6 STIPULATED PROTECTIVE ORDER1

SELECT PORTFOLIO

7 SERVICING, INC. AND TRANS

UNION, LLC,

9 Defendants.

1. A. PURPOSES AND LIMITATIONS

12 Discovery in this action is likely to involve production of confidential,

proprietary or private information for which special protection from public disclosure

and from use for any purpose other than prosecuting this litigation may be warranted.

16 Accordingly, the parties hereby stipulate to and petition the Court to enter the

following Stipulated Protective Order. The parties acknowledge that this Order does

not confer blanket protections on all disclosures or responses to discovery and that

20 the protection it affords from public disclosure and use extends only to the limited

information or items that are entitled to confidential treatment under the applicable

legal principles.

24 B. GOOD CAUSE STATEMENT

1 This Stipulated Protective Order is substantially based on the model protective order provided

28 under Magistrate Judge Rozella A. Oliver’s Procedures.

1 This action is likely to involve trade secrets, financial, technical and/or

proprietary information for which special protection from public disclosure and from

use for any purpose other than prosecution of this action is warranted. Such

5 confidential and proprietary materials and information consist of, among other

things, Plaintiff’s confidential financial and credit report information, confidential

8 business or financial information, information regarding confidential business

9 practices, or other confidential research, development, or commercial information

(including information implicating privacy rights of third parties), information

12 otherwise generally unavailable to the public, or which may be privileged or

13 otherwise generally unavailable to the public, or which may be privileged or

otherwise protected from disclosure under state or federal statutes, court rules, case

16 decisions, or common law. Accordingly, to expedite the flow of information, to

17 facilitate the prompt resolution of disputes over confidentiality or discovery

materials, to adequately protect information the parties are entitled to keep

20 confidential, to ensure that the parties are permitted reasonable necessary uses of such

21 material in preparation for and in the conduct of trial, to address their handling at the

end of the litigation, and serve the ends of justice, a protective order for such

24 information is justified in this matter. It is the intent of the parties that information

will not be designated as confidential for tactical reasons and that nothing be so

designated without a good faith belief that it has been maintained in a confidential,

1 non-public manner, and there is good cause why it should not be part of the public

record of this case.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

5 The parties further acknowledge, as set forth in Section 12.3, below, that this

Stipulated Protective Order does not entitle them to file confidential information

8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and

9 the standards that will be applied when a party seeks permission from the court to

file material under seal.

12 There is a strong presumption that the public has a right of access to judicial

13 proceedings and records in civil cases. In connection with non-dispositive motions,

good cause must be shown to support a filing under seal. See Kamakana v. City and

16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electronics,

Inc., 187 F.R.D. 576m 577 (E.D. Wis. 1999) (even stipulated protective orders

20 require good cause showing), and a specific showing of good cause or compelling

21 reasons with proper evidentiary support and legal justification, must be made with

respect to Protected Material that party seeks to file under seal. The parties’ mere

24 designation of Disclosure or Discovery Material as CONFIDENTIAL does not –

without the submission of competent evidence by declaration, establishing that the

material sought to be filed under seal qualifies as confidential, privileged, or

28 otherwise protectable – constitutes good cause.

1 Further, if a party requests sealing related to a dispositive motion or trial, then

compelling reasons, not only good cause, for the sealing must be shown, and the

relief sought shall be narrowly tailored to serve the specific interest to be protected.

5 See Pintos v. Pacific Creditors Ass’n, 605 F. 3d 665, 677-79 (9th Cir. 2010). For each

item or type of information, document, or thing sought to be filed or introduced under

8 seal in connection with a dispositive motion or trial, the party seeking protection must

9 articulate compelling reasons, supported by specific facts and legal justification, for

the requested sealing order. Again, competent evidence supporting the application to

12 file documents under seal must be provided by declaration.

13 Any document that is not confidential, privileged, or otherwise protectable in

its entirety will not be filed under seal if the confidential portions can be redacted. If

16 documents can be redacted, than a redacted version for public viewing, omitting only

17 the confidential, privileged, or otherwise protectable portions of the document, shall

be filed. Any application that seeks to file documents under seal in their entirety

20 should include an explanation of why redaction is not feasible.

21 2. DEFINITIONS

2.1 Action: Susan Tellem v. Select Portfolio Serving Inc. and Trans Union,

24 LLC.

2.2 Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.

1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

how it is generated, stored or maintained) or tangible things that qualify for protection

under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

5 Cause Statement.

2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

8 their support staff).

9 2.5 Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as

12 “CONFIDENTIAL.”

13 2.6 Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,

16 among other things, testimony, transcripts, and tangible things), that are produced or

17 generated in disclosures or responses to discovery in this matter.

2.7 Expert: a person with specialized knowledge or experience in a matter

20 pertinent to the litigation who has been retained by a Party or its counsel to serve as

21 an expert witness or as a consultant in this Action.

2.8 House Counsel: attorneys or paralegals who are employees of a party to

24 this Action or contract counsel or contract paralegals. House Counsel does not

include Outside Counsel of Record or any other outside counsel.

2.9 Non-Party: any natural person, partnership, corporation, association or

28 other legal entity not named as a Party to this action.

1 2.10 Outside Counsel or Record: attorneys who are not employees of a party

to this Action but are retained to represent or advise a party to this Action and have

appeared in this Action on behalf of that party or are affiliated with a law firm that

5 has appeared on behalf of that party, and includes support staff.

2.11 Party: any party to this Action, including all of its officers, directors,

8 employees, consultants, retained experts, and Outside Counsel of Record (and their

9 support staffs).

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

12 Discovery Material in this Action.

13 2.13 Professional Vendors: persons or entities that provide litigation support

services (e.g., photocopying, videotaping, translating, preparing exhibits or

16 demonstrations, and organizing, storing, or retrieving data in any form or medium)

17 and their employees and subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is

20 designated as “CONFIDENTIAL.”

21 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.

24 3. SCOPE

The protections conferred by this Stipulation and Order cover not only

Protected Material (as defined above), but also (1) any information copied or

28 extracted from Protected Material; (2) all copies, excerpts, summaries, or

1 compilations of Protected Material; and (3) any testimony, conversations, or

presentations by Parties or their Counsel that might reveal Protected Material.

Any use of Protected Material at trial shall be governed by the orders of the

5 trial judge. This Order does not govern the use of Protected Material at trial.

4. DURATION

8 Once a case proceeds to trial, information that was designated as

9 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

as an exhibit at trial becomes public and will be presumptively available to all

12 members of the public, including the press, unless compelling reasons supported by

13 specific factual findings to proceed otherwise are made to the trial judge in advance

of the trial. See Kamakana, 447 F. 3d at 1180-81 (distinguishing “good cause”

16 showing for sealing documents produced in discovery from “compelling reasons”

17 standard when merits-related documents are part of court record). Accordingly, the

terms of this protective order do not extend beyond the commencement of the trial.

20 5. DESIGNATING PROTECTED MATERIAL

21 5.1 Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under

24 this Order must take care to limit any such designation to specific material that

qualifies under the appropriate standards. The Designating Party must designate for

protection only those parts of material, documents, items or oral or written

28 communications that qualify so that other portions of the material, documents, items

1 or communications for which protection is not warranted are not swept unjustifiably

within the ambit of this Order.

Mass, indiscriminate or routinized designations are prohibited. Designations

5 that are shown to be clearly unjustified or that have been made for an improper

purpose (e.g., to unnecessarily encumber the case development process or to impose

8 unnecessary expenses and burdens on other parties) may expose the Designating

9 Party to sanctions.

If it comes to a Designating Party’s attention that information or items that it

12 designated for protection do not qualify for protection, that Designating Party must

13 promptly notify all other Parties that it is withdrawing the inapplicable designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in

16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

under this Order must be clearly so designated before the material is disclosed or

20 produced.

21 Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic

24 documents, but excluding transcripts or depositions or other pretrial or trial

proceedings), that the Producing Party affix at a minimum, the legend

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”). To each page that

28 contains protected material. If only a portion of the material on a page qualifies for

1 protection, the Producing Party also must clearly identify the protected portion(s)

(e.g., by making appropriate markings in the margins).

A party or Non-Party that makes original documents available for inspection

5 need not designate them for protection until after the inspecting Party has indicated

which documents it would like copied and produced. During the inspection and

8 before the designation, all of the material made available for inspection shall be

9 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

it wants copied and produced, the Producing Party must determine which documents,

12 or portions thereof, qualify for protection under this Order. Then, before producing

13 the specified documents, the Producing Party must affix the “CONFIDENTIAL

legend” to each page that contains Protected Material. If only a portion of the material

16 on a page qualifies for protection, the Producing Party also must clearly identify the

17 protected portion(s) (e.g., by making appropriate markings in the margins).

(b) for testimony given in depositions that the Designating Party

20 identifies the Disclosure or Discovery Material on the record, before the close of the

21 deposition all protected testimony.

24 and for any other tangible items, that the Producing Party affix in a prominent place

on the exterior of the container or containers in which the information is stored the

legend “CONFIDENTIAL.” If only a portion or portions of the information warrants

1 protection, the Producing Party, to the extent practicable, shall identify the protected

portion(s).

5.3 Inadvertent Failures to Designate: If timely corrected, an inadvertent

5 failure to designate qualified information or items does not, standing alone, waive

the Designating Party’s right to secure protection under this Order for such material.

8 Upon timely correction of a designation, the Receiving Party must make reasonable

9 efforts to assure that the material is treated in accordance with the provisions of this

Order.

12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality at any time that is consistent with the Court’s

16 Scheduling Order.

17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

20 6.3 The burden of persuasion in any such challenge proceeding shall be on

21 the Designating Party. Frivolous challenges, and those made for an improper purpose

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

24 expose the Challenging Party to sanctions. Unless the Designating Party has waived

or withdrawn the confidentiality designation, all parties shall continue to afford the

material in question the level of protection to which it is entitled under the Producing

28 Party’s designation until the Court rules on the challenge.

1 7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a Non-Party in connection with this

5 Action only for prosecuting, defending or attempting to settle this Action. Such

Protected Material may be disclosed only to the categories of persons and under the

8 conditions described in this Order. When the Action has been terminated, a Receiving

9 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

Protected Material must be stored and maintained by a Receiving Party at a

12 location and in a secure manner that ensures that access is limited to the persons

13 authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

16 otherwise ordered by the court or permitted in writing by the Designating Party, a

17 Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

20 (a) the Receiving Party’s Outside Counsel of Record in this Action,

21 as well as employees of said Outside Counsel of Record to whom it is reasonably

necessary to disclose the information for this Action;

24 (b) the officers, directors, and employees (including House Counsel)

of the Receiving Party to whom disclosure is reasonably necessary for this Action;

1 (c) experts (as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this Action and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

5 (d) the court and its personnel;

(e) court reporters and their staff;

8 (f) professional jury or trial consultants, mock jurors, and

9 Professional Vendors to whom disclosure is reasonably necessary for this Action and

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

12 (g) the author or recipient of a document containing the information

13 or a custodian or other person who otherwise possessed or knew the information;

(h) during their depositions, witnesses, and attorneys for witnesses,

16 in the Action to whom disclosure is reasonably necessary to provided: (1) the

17 deposing party requests that the witness sign the form attached as Exhibit 1 hereto;

and (2) they will not be permitted to keep any confidential information unless they

20 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

21 otherwise agreed by the Designating Party or ordered by the court. Pages of

transcribed deposition testimony or exhibits to depositions that reveal Protected

24 Material may be separately bound by the court reporter and may not be disclosed to

anyone except as permitted under this Stipulated Protective Order; and

1 (i) any mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement

discussions.

5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

8 If a Party is served with a subpoena or a court order issued in other litigation

9 that compels disclosure of any information or items designated in this Action as

“CONFIDENTIAL,” that Party must:

12 (a) promptly notify in writing the Designating Party. Such

13 notification shall include a copy of the subpoena or court order;

(b) promptly notify in writing the party who caused the subpoena or

16 order to issue in the other litigation that some or all of the material covered by the

17 subpoena or order is subject to this 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

21 pursued by the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served with

24 the subpoena or court order shall not produce any information designated in this

action as “CONFIDENTIAL” before a determination by the court from which the

subpoena or order issued, unless the Party has obtained the Designating Party’s

28 permission. The Designating Party shall bear the burden and expense of seeking

1 protection in that court of its confidential material and nothing in these provisions

should be construed as authorizing or encouraging a Receiving Party in this Action

to disobey a lawful directive from another court.

5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

8 (a) The terms of this Order are applicable to information produced

9 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such

information produced by Non-Parties in connection with this litigation is protected

12 by the remedies and relief provided by this Order. Nothing in these provisions should

13 be construed as prohibiting a Non-Party from seeking additional protections.

(b) In the event that a Party is required, by a valid discovery request,

16 to produce a Non-Party’s confidential information in its possession, and the Party is

17 subject to an agreement with the Non-Party not to produce the Non-Party’s

confidential information, then the Party shall:

20 (1) promptly notify in writing the Requesting Party and the

21 Non-Party that some or all of the information requested is subject to a confidentiality

agreement with a Non-Party;

24 (2) promptly provide the Non-Party with a copy of the

Stipulated Protective Order in this Action, the relevant discovery request(s), and a

reasonably specific description of the information requested; and

1 (3) make the information requested available for inspection by

the Non-Party, if requested.

5 within 14 days of receiving the notice and accompanying information, the Receiving

Party may produce the Non-Party’s confidential information responsive to the

8 discovery request. If the Non-Party timely seeks a protective order, the Receiving

9 Party shall not produce any information in its possession or control that is subject to

the confidentiality agreement with Non-Party before a determination by the court.

12 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

13 of seeking protection in this court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

17 Protected Material to any person or in any circumstance not authorized under this

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

persons to whom unauthorized disclosures were mode of all the terms of this Order,

24 and (d) request such person or persons to execute the “Acknowledgment and

Agreement to Be Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

28 PROTECTED MATERIAL

1 When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other protection,

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

5 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

may be established in an e-discovery order that provides for production without prior

8 privilege review Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

9 parties reach an agreement on the effect of disclosure of a communication or

information covered by the attorney-client privilege or work product protection, the

12 parties may incorporate their agreement in the stipulated protective order submitted

13 to the court.

12. MISCELLANEOUS

16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

17 person to seek its modification by the Court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this

20 Protective Order, no Party waives any right it otherwise would have to object to

21 disclosing or producing any information or item on any ground not addressed in this

Stipulated Protective Order. Similarly, no Party waives any right to object on any

24 ground to use in evidence of any of the material covered by this Protective Order.

12.3 Filing Protected Material. A Party that seeks to file under seal any

Protected Material must comply with Local Civil Rule 79-5. Protected Material may

28 only be filed under seal pursuant to a court order authorizing the sealing of the

1 specific Protected Material at issue. If a Party’s request to file Protected Material

under seal is denied by the court, then the Receiving Party may file the information

in the public record unless otherwise instructed by the court.

5 13. FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 4, within 60

8 days of written request by the Designating Party, each Receiving Party must return

9 all Protected Material to the Producing Party or destroy such material. As used in this

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

12 summaries, and any other format reproducing or capturing any of the Protected

13 Material. Whether the Protected Material is returned or destroyed, the Receiving

Party must submit a written certification to the Producing Party (and, if not the same

16 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

17 (by category, where appropriate) all the Protected Material that was returned or

destroyed and (2) affirms that the Receiving Party has not retained any copies,

20 abstracts, compilations, summaries or any other format reproducing or capturing any

21 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

reports, attorney work product, and consultant and expert work product, even if such

materials contain Protected Material. Any such archival copies that contain or

! | constitute Protected Material remain subject to this Protective Order as set forth in

Section 4 (DURATION).

4 | 14. VIOLATION

5 Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

g | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: August 12,2020. /s/ Micah_S. Adkins

10 Micah S. Adkins

THE ADKINS FIRM, P.C.

11 1025 Westhaven Blvd., Suite 220

Franklin, Tennessee 37064

William A. Baird, Esq. (SBN 192675)

13 BAIRD LAW FIRM

2625 Townsgate Road, Suite 330

14 Westlake Vi age, CA 91361

COUNSEL FOR PLAINTIFF SUSAN TELLEM

DATED: August 12,2020 = /s/ Steven M. Dailey Qe consent)

16 teven M. Dailey

Rebecca L. Wilson #257613

17 KUTAK ROCK LLP

5 Park Plaza, Suite 1500 Irvine, CA 92614-8595

18 Telephone: (949) 417-0999

COUNSEL FOR SELECT PORTFOLIO

19 SERVICING, INC.

20 | DATED: _ August 12,2020 = /s/ Jennifer Bergh (with consent)

ennifer org

21 Quilling, Selander, Lownds,

Winslett & Moser, P.C.

22 6900 N. Dallas Parkway, Suite 800

Plano, TX 75024

23 COUNSEL FOR TRANS UNION, LLC

24 | DATED: _ August 13, 2020

° “Rapedea Qj, Ce.

26 pe

HON. ROZELLA A. OLIVER

27 United States Magistrate Judge

-19-

1 EXHIB IT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4 I, ______________________________ [print of type full name], of

_______________________ [print of type full address], declare under penalty of

perjury that I have read in its entirety and understand the Stipulated Protective

8 Order that was issued by the United States District Court for the Central District of

California on February 27, 2020 in the case of Susan Tellem v. Select Portfolio

Servicing, Inc. and Trans Union, LLC Case No. 2:20-cv-1907-AB-RAO. I agree to

12 comply with and to be bound by all the terms of this Stipulated Protective Order

and I understand and acknowledge that failure to so comply could expose me to

sanctions and punishment in the nature of contempt. I solemnly promise that I will

16 not disclose in any manner any information or item that is subject to this Stipulated

Protective Order to any person or entity except in strict compliance with the

provisions of this Order. I further agree to submit to the jurisdiction of the United

20 States District Court for the Central District of California for enforcing the terms of

this Stipulated Protective Order, even if such enforcement proceedings occur after

termination of this action. I hereby appoint ______________________________

24 [print or type full name] of

__________________________________________________ [print or type full

address and telephone number] as my California agent for service of process in

1 connection with this action or any proceedings related to enforcement of this

Stipulated Protective Order.

Date: ___________________________

5 City and State where sworn and signed:

_____________________________________________

9 Printed named: ___________________________________

Signature: _______________________________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.