Koi Design LLC v. A. Douglas Mastroianni

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 LOS ANGELES DIVISION

11 Case No.: 2:19-cv-07154-TJH

12 KOI DESIGN LLC,

STIPULATED PROTECTIVE ORDER

13 Plaintiffs, [72]

14 v.

15 A. DOUGLAS MASTROIANNI dba

MASTROIANNI LAW FIRM;

16 MARRON LAWYERS, APC; THE

BLOOM FIRM, APC; and does, 1

17 through 25,

18 Defendants.

19 MARRON LAWYERS, APC and

THE BLOOM FIRM, APC,

20

Third-Party Plaintiffs,

21

v.

22

DON THORNBURGH, an

23 individual, and DON

THORNBURGH LAW

24 CORPORATION, a California

corporation,

25

Third-Party Defendants.

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1 This Stipulated Protective Order is entered into by and between plaintiff KOI

2 DESIGN LLC, defendants and third-party plaintiffs MARRON LAWYERS, APC

3 (“Marron”) and THE BLOOM FIRM, APC (“Bloom”), and third-party defendants

4 DON THORNBURGH and DON THORNBURGH LAW CORPORATION.

5 Plaintiff, defendants/third-party plaintiffs, and third-party defendants are hereinafter

6 collectively referred to as “the Parties.”

7 1. A. PURPOSES AND LIMITATIONS

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

9 proprietary or private information for which special protection from public

10 disclosure and from use for any purpose other than prosecuting this litigation may

11 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

12 enter the following Stipulated Protective Order. The parties acknowledge that this

13 Order does not confer blanket protection on all disclosures or responses to discovery

14 and that the protection it affords from public disclosures and use extends only to the

15 limited information or items that are entitled to confidential treatment under the

16 applicable legal principles.

17 B. GOOD CAUSE STATEMENT

18 This action is likely to involve trade secrets, customer and pricing lists and

19 other valuable research, development, commercial, financial, technical, personnel

20 and/or proprietary information for which special protection from public disclosure

21 and from use for any purpose other than prosecution of this action may be

22 warranted. Such confidential and proprietary materials and information consist of,

23 among other things, confidential business or financial information, information

24 regarding confidential business practices, or other confidential research,

25 development, or commercial information (including information implicating privacy

26 rights of third parties), information otherwise generally unavailable to the public, or

27 which may be privileged or otherwise protected from disclosure under state or

1 expedite the flow of information, to facilitate the prompt resolution of disputes over

2 confidentiality of discovery materials, to adequately protect information the parties

3 are entitled to keep confidential, to ensure that the parties are permitted reasonable

4 necessary uses of such material in preparation for and in conduct of trial, to address

5 their handling at the end of litigation, and serve the ends of justice, a protective

6 order for such information is justified in this matter. It is the intent of the parties

7 that information will not be designated as confidential for tactical reasons and that

8 nothing be so designated without good faith belief that it has been maintained in a

9 confidential, non-public manner, and there is good cause why is should not be part

10 of the public record of this case.

11 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

13 Stipulated Protective Order does not entitle them to file confidential information

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

15 and the standards that will be applied when a party seeks permission from the court

16 to file material under seal.

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

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

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

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

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

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

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

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

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

26 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

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

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

2 otherwise protectable—constitute good cause.

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

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

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

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

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

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

9 protection must articulate compelling reasons, supported by specific facts and legal

10 justification, for the requested sealing order. Again, competent evidence supporting

11 the application to file documents under seal must be provided by declaration.

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

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

14 If documents can be redacted, then a redacted version for public viewing, omitting

15 only the confidential, privileged, or otherwise protectable portions of the document,

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

17 entirety should include an explanation of why redaction is not feasible.

18 2. DEFINITIONS

19 2.1 Action: Koi Design LLC v. A. Douglas Mastroianni dba Mastroianni

20 Law Firm et al., United States District Court, District of California, Central District,

21 Case No. 2:19-cv-07154-TJH.

22 2.2 Challenging Party: a Party or Non-Party that challenges the designation

23 of information or items under this Order.

24 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

27 the Good Cause Statement.

1 2.4 Counsel: Outside Counsel of record and House Counsel (as well as

2 their support staff)

3 2.5 Designating Party: a Party or Non-Party that designates information or

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

5 “CONFIDENTIAL.”

6 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

10 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

13 2.8 House Counsel: attorneys who are employees of a party to this Action.

14 House Counsel does not include Outside Counsel of Record or any other outside

15 counsel.

16 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

18 2.10 Outside Counsel of Record: attorneys who are not employees of a

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

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

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

22 2.11 Party: any party to this Action, including all of its officers, directors,

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

24 support staffs).

25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

26 Discovery Material in this Action.

27 2.13 Professional Vendors: persons or entities that provide litigation

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

2 and their employees and subcontractors.

3 2.14 Protected Material: any Disclosure or Discovery Material that is

4 designated as "CONFIDENTIAL."

5 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

6 from a Producing Party.

7 3. SCOPE

8 The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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

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

15 4. DURATION

16 FINAL DISPOSITION of the action is defined as the conclusion of any

17 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

18 has run. Except as set forth below, the terms of this protective order apply through

19 FINAL DISPOSITION of the action. The parties may stipulate that the they will be

20 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

21 but will have to file a separate action for enforcement of the agreement once all

22 proceedings in this case are complete.

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

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

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

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

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

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

2 standard when merits-related documents are part of court record). Accordingly, for

3 such materials, the terms of this protective order do not extend beyond the

4 commencement of trial.

5 5. DESIGNATING PROTECTED MATERIAL

6 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

8 under this Order must take care to limit any such designation to specific material

9 that qualifies under the appropriate standards. The Designating Party must designate

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

11 communications that qualify so that other portions of the material, documents,

12 items, or communications for which protection is not warranted are not swept

13 unjustifiably within the ambit of this Order.

14 Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

18 Party to sanctions.

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

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

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

22 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

26 produced.

27 Designation in conformity with this Order requires:

1 documents, but excluding transcripts of depositions or other pretrial or trial

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

3 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that

4 contains protected material. If only a portion or portions of the material on a page

5 qualifies for protection, the Producing Party also must clearly identify the protected

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

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

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

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

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

11 deemed "CONFIDENTIAL." After the inspecting Party has identified the

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

13 documents, or portions thereof, qualify for protection under this Order. Then, before

14 producing the specified documents, the Producing Party must affix the

15 "CONFIDENTIAL legend" to each page that contains Protected Material. If only a

16 portion or portions of the material on a page qualifies for protection, the Producing

17 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

18 markings in the margins).

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

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

21 deposition all protected testimony.

22 (c) for information produced in some form other than documentary

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

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

25 legend "CONFIDENTIAL." If only a portion or portions of the information warrants

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

27 portion(s).

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

6 Order.

7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

10 Scheduling Order.

11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

12 resolution process under Local Rule 3 7 .1 et seq.

13 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

16 parties) may expose the Challenging Party to sanctions. Unless the Designating

17 Party has waived or withdrawn the confidentiality designation, all parties shall

18 continue to afford the material in question the level of protection to which it is

19 entitled under the Producing Party's designation until the Court rules on the

20 challenge.

21 7. ACCESS TO AND USE OF PROTECTED MATERIAL

22 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

27 Receiving Party must comply with the provisions of section 13 below (FINAL

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

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

3 authorized under this Order.

4 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless

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

6 Receiving Party may disclose any information or item designated

7 "CONFIDENTIAL" only to:

8 (a) the Receiving Party's Outside Counsel of Record in this Action,

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

10 necessary to disclose the information for this Action;

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

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

13 (c) Experts (as defined in this Order) of the Receiving Party to

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

15 "Acknowledgment and Agreement to Be Bound" (Exhibit A);

16 (d) the court and its personnel;

17 (e) court reporters and their staff;

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

19 Professional Vendors to whom disclosure is reasonably necessary for this Action

20 and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit

21 A);

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

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

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

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

26 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

27 they will not be permitted to keep any confidential information unless they sign the

1 agreed by the Designating Party or ordered by the court. Pages of transcribed

2 deposition testimony or exhibits to depositions that reveal Protected Material may

3 be separately bound by the court reporter and may not be disclosed to anyone except

4 as permitted under this Stipulated Protective Order;

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

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

7 discussions; and

8 (j) any insurers to whom any Receiving Party or its counsel is

9 required to respond or report in the ordinary course of its business regarding this

10 action.

11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

12 IN OTHER LITIGATION

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

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

15 "CONFIDENTIAL," that Party must:

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

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

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

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

20 subpoena or order is subject to this Protective Order. Such notification shall include

21 a copy of this Stipulated Protective Order; and

22 (c) cooperate with respect to all reasonable procedures sought to be

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

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

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

26 action as "CONFIDENTIAL" before a determination by the court from which the

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

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

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

3 to disobey a lawful directive from another court.

4 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

5 PRODUCED IN THIS LITIGATION

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

7 by a Non-Party in this Action and designated as "CONFIDENTIAL." Such

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

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

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

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

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

13 subject to an agreement with the Non-Party not to produce the Non-Party's

14 confidential information, then the Party shall:

15 (1) promptly notify in writing the Requesting Party and the Non-

16 Party that some or all of the information requested is subject to a confidentiality

17 agreement with a Non-Party;

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

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

20 specific description of the information requested; and

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

22 Non-Party, if requested.

23 (c) If the Non-Party fails to seek a protective order from this court

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

25 Party may produce the Non-Party's confidential information responsive to the

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

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

1 court. Absent a court order to the contrary, the Non-Party shall bear the burden and

2 expense of seeking protection in this court of its Protected Material.

3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

9 or persons to whom unauthorized disclosures were made of all the terms of this

10 Order, and (d) request such person or persons to execute the "Acknowledgment and

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

12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

13 PROTECTED MATERIAL

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

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

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

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

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

19 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar

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

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

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

23 to the court.

24 12. MISCELLANEOUS

25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

27 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

4 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

7 specific Protected Material at issue. If a Party's request to file Protected Material

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

9 in the public record unless otherwise instructed by the court.

10 13. FINAL DISPOSITION

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

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

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

14 this subdivision, "all Protected Material" includes all copies, abstracts, compilations,

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

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

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

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

19 identifies (by category, where appropriate) all the Protected Material that was

20 returned or destroyed and (2)affirms that the Receiving Party has not retained any

21 copies, abstracts, compilations, summaries or any other format reproducing or

22 capturing any of the Protected Material. Notwithstanding this provision, Counsel are

23 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

24 and hearing transcripts, legal memoranda, correspondence, deposition and trial

25 exhibits, expert reports, attorney work product, and consultant and expert work

26 product, even if such materials contain Protected Material. Any such archival copies

27 that contain or constitute Protected Material remain subject to this Protective Order

1}}14. VIOLATION

2 Any violation of this Order may be punished by any and all appropriate

3 || measures including, without limitation, contempt proceedings and/or monetary

4 || sanctions.

5

6 IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7

8 || DATED: May 12, 2021 sil Jared V. Walder

9 Ronald W. Makan. Esq.

Jared V. W der,/ sq.

10 Attorneys for Plaintiff KOI DESIGN LLC

Hy

11 ff / 4

DATED: May 12, 2021 Ly a | pom~

12 Randall/A. Miller, Esq.

Zachary Mayer, Esq.

13 Attorheys fér Defendant and Third-Party Plaintiff

14 MARRON LAWYERS, APC

'S || DATED: May 12, 2021 /s// Heather L. Rosing

16 Heather L. Rosing, Esq.

Amara Barbara, Esq.

17 Attorneys for Defendant and Third-Party Plaintiff

18 THE BLOOM FIRM, APC

19 || DATED: May 12, 2021 /s/! James D. Thornburgh

James D. Thornburgh, Esq.

20 Attorneys for Third-Party Defendants

DON THORNBURGH and DON

21 THORNBURGH LAW CORPORATION

22

23 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24 __— Me

25 DATED: MAY 13, 2021 f Valier, hat

26 HON. TERRY HATTER, JR.,

United &tates District Judge

27

28

1 EXHIBIT A

2

3 ACKNOWLEDGMENT AND AGREEMENT TO BEBOUND

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

5 [print or type full address], declare under

6 penalty of perjury that I have read in its entirety and understand the Stipulated

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

8 California on __________________in the case of Koi Design LLC v. A. Douglas

9 Mastroianni dba Mastroianni Law Firm; Marron Lawyers, APC; The Bloom Firm,

10 APC; and Does, 1 through 25, Case No. 2:19-cv-07154-TJH. I agree to comply with

11 and to be bound by all the terms of this Stipulated Protective Order and I understand

12 and acknowledge that failure to so comply could expose me to sanctions and

13 punishment in the nature of contempt. I solemnly promise that I will not disclose in

14 any manner any information or item that is subject to this Stipulated Protective Order

15 to any person or entity except in strict compliance with the provisions of this Order.

16 I further agree to submit to the jurisdiction of the United States District Court

17 for the Central District of California for enforcing the terms of this Stipulated

18 Protective Order, even if such enforcement proceedings occur after termination of this

19 action. I hereby appoint __________________________ [print or type full name] of

20 _______________________________________ [print or type full address and

21 telephone number] as my California agent for service of process in connection with

22 this action or any proceedings related to enforcement of this Stipulated Protective

23 Order.

24 Date: ______________________________________

25 City and State where sworn and signed: _________________________________

26 Printed name: _______________________________

27 Signature: __________________________________