Geoff Winkler v. Joseph Fazio

1 DAVID R. ZARO (BAR NO. 124334)

JOSHUA A. DEL CASTILLO (BAR NO. 239015)

2 NORMAN M. ASPIS (BAR NO. 313466)

ALLEN MATKINS LECK GAMBLE

3 MALLORY & NATSIS LLP

865 South Figueroa Street, Suite 2800

4 Los Angeles, California 90017-2543

Phone: (213) 622-5555

5 Fax: (213) 620-8816

E-Mail: dzaro@allenmatkins.com

6 jdelcastillo@allenmatkins.com

naspis@allenmatkins.com

7

Attorneys for Plaintiff

8 GEOFF WINKLER, RECEIVER

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

11

12 GEOFF WINKLER, RECEIVER, Case No. 2:21-cv-02987-FMO-AFM

13 Plaintiff, FIRST AMENDED STIPULATED

PROTECTIVE ORDER

14 v.

15 JOSEPH FAZIO, et al.,

16 Defendants.

17

18 FIRST AMENDED STIPULATED PROTECTIVE ORDER

19 The following First Amended Stipulated Protective Order ("Order"), intended

20 to supersede the Stipulated Protective Order entered in the above-captioned action

21 on May 7, 2021 (as ECF No. 12) is entered into by and between Plaintiff Geoff

22 Winkler ("Plaintiff" or the "Receiver"), the Court-appointed permanent receiver for

23 Essex Capital Corporation and its subsidiaries and affiliates in the matter styled SEC

24 v. Iannelli, et al., USDC, C.D. Cal. Case No. 2:18-cv-05008-FMO-AFM on the one

25 hand, and Defendants Joseph Fazio, Mario Fazio, and the Fazio Family Trust

26 (collectively, "Defendants" or the "Fazio Entities") on the other hand, based on the

27 model protective order provided under Magistrate Judge Alexander F. MacKinnon's

28 procedures, and with respect to the following matters:

1 I. A. PURPOSES AND LIMITATIONS

2 Discovery in this Action is likely to involve production of confidential or

3 private financial information for which special protection from public disclosure and

4 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

6 following Order. The Receiver and the Fazio Entities acknowledge that this Order

7 does not confer blanket protections on all disclosures or responses to discovery, and

8 that the protection it affords from public disclosure and use extends only to the

9 limited information or items that are entitled to confidential treatment under

10 applicable legal principles.

11 B. GOOD CAUSE STATEMENT

12 This Action is likely to involve private information of a financial and/or

13 accounting nature for which special protection from public disclosure and from use

14 for any purpose other than prosecution of this Action is warranted. Defendants

15 contend that they have a privacy right in the materials and, additionally, such private

16 materials and information may consist of, among other things, confidential business,

17 financial, or accounting information, information regarding confidential business

18 practices, information otherwise generally unavailable to the public, or which may

19 be privileged or otherwise protected from disclosure under state or federal statutes,

20 court rules, case decisions, or common law. Accordingly, to expedite the flow of

21 information, to facilitate the prompt resolution of disputes over confidentiality of

22 discovery materials, to adequately protect information the Parties are entitled to

23 keep confidential, to ensure that the Parties are permitted reasonable necessary uses

24 of such material in preparation for and in the conduct of trial, to address their

25 handling at the end of the litigation, and serve the ends of justice, a protective order

26 for such information is justified in this matter. It is the intent of the Parties that

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

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

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

2 of the public record of this Action.

3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

4 SEAL

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

6 Order does not entitle them to file confidential information under seal; Local Civil

7 Rule 79-5 sets forth the procedures that must be followed and the standards that will

8 be applied when a Party seeks permission from the Court to file material under seal.

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

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

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

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

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

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

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

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

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

18 designation of Disclosure or Discovery Material as “CONFIDENTIAL” does not –

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

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

21 otherwise protectable – constitute good cause.

22 Further, if a Party requests sealing related to a dispositive motion or trial, then

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

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

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

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

27 under seal in connection with a dispositive motion or trial, the Party seeking

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

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

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

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

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

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

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

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

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

9 2. DEFINITIONS

10 Action: the action styled Winkler v. Fazio, et al., Case No. 2:21-cv-02987,

11 currently pending before this Court;

12 Challenging Party: a Party or Non-Party that challenges the designation of

13 information or items under this Order;

14 “CONFIDENTIAL” Information or Items: information (regardless of how it

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

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

17 Cause Statement;

18 Counsel: Outside Counsel of Record and House Counsel (as well as their

19 support staff).

20 Designating Party: a Party or Non-Party that designates information or items

21 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”;

22 Disclosure or Discovery Material: all items or information, regardless of the

23 medium or manner in which it is generated, stored, or maintained (including, among

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

25 generated in disclosures or responses to discovery in this matter;

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

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

28 an expert witness or as a consultant in this Action;

1 House Counsel: attorneys who are employees of a Party to this Action.

2 House Counsel does not include Outside Counsel of record or any other outside

3 counsel;

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

5 legal entity not named as a Party to this Action;

6 Outside Counsel of Record: attorneys who are not employees of a Party to

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

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

9 has appeared on behalf of that Party, and includes support staff;

10 Party: any party to this Action, including the Receiver and the Fazio Entities,

11 all of their respective officers, directors, employees, consultants, retained experts,

12 and Outside Counsel of Record (and their support staffs);

13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

14 Material in this Action;

15 Professional Vendors: persons or entities that provide litigation support

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

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

18 and their employees and subcontractors;

19 Protected Material: any Disclosure or Discovery Material that is designated

20 as “CONFIDENTIAL”; and

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

22 a Producing Party.

23 3. SCOPE

24 The protections conferred by this Order cover not only Protected Material (as

25 defined above), but also (1) any information copied or extracted from Protected

26 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

27 and (3) any testimony, conversations, or presentations by Parties or their Counsel

28 that might reveal Protected Material.

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

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

3 4. DURATION

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

5 “CONFIDENTIAL” or maintained pursuant to this protective order used or

6 introduced as an exhibit at trial becomes public and will be presumptively available

7 to all members of the public, including the press, unless compelling reasons

8 supported by specific factual findings to proceed otherwise are made to the trial

9 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

10 “good cause” showing for sealing documents produced in discovery from

11 “compelling reasons” standard when merits-related documents are part of court

12 record). Accordingly, the terms of this Order do not extend beyond the

13 commencement of the trial.

14 5. DESIGNATING PROTECTED MATERIAL

15 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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

22 within the ambit of this Order.

23 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

27 Party to sanctions.

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

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

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

4 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

8 produced.

9 Designation in conformity with this Order requires:

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

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

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

13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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

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

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

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

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

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

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

21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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

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

24 before producing the specified documents, the Producing Party must affix the

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

26 portion of the material on a page qualifies for protection, the Producing Party also

27 must clearly identify the protected portion(s) (e.g., by making appropriate markings

28 in the margins).

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

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

3 deposition all protected testimony.

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

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

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

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

8 warrants protection, the Producing Party, to the extent practicable, shall identify the

9 protected portion(s).

10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

15 Order.

16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

19 Scheduling Order.

20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

21 resolution process under Local Rule 37-1, et seq.

22 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

23 joint stipulation pursuant to Local Rule 37-2.

24 6.4 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

2 entitled under the Producing Party’s designation until the Court rules on the

3 challenge.

4 7. ACCESS TO AND USE OF PROTECTED MATERIAL

5 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

10 Receiving Party must comply with the provisions of section 13 below.

11 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.

14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

16 Receiving Party may disclose any information or item designated

17 “CONFIDENTIAL” only to:

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

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

20 necessary to disclose the information for this Action;

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

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

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

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

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

26 (d) the Court and its personnel;

27 (e) Court reporters and their staff;

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

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

3 and who have signed the “Acknowledgment and Agreement to Be Bound”

4 (Exhibit A);

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

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

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

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

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

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

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

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

13 transcribed deposition testimony or exhibits to depositions that reveal Protected

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

15 anyone except as permitted under this Order; and

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

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

18 discussions.

19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

20 PRODUCED IN OTHER LITIGATION

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

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

23 “CONFIDENTIAL,” that Party must:

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

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

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

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

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1 subpoena or order is subject to this Order. Such notification shall include a copy of

2 this Order; and

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

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

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

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

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

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

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

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

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

12 to disobey a lawful directive from another court.

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

14 PRODUCED IN THIS LITIGATION

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

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

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

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

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

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

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

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

23 confidential information, then the Party shall:

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

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

26 confidentiality agreement with a Non-Party;

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1 (2) promptly provide the Non-Party with a copy of this Order,

2 the relevant discovery request(s), and a reasonably specific description of the

3 information requested; and

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

5 the Non-Party, if requested.

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

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

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

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

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

11 the confidentiality agreement with the Non-Party before a determination by the

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

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

14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

17 Order, the Receiving Party must immediately (a) notify in writing the Designating

18 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

19 unauthorized copies of the Protected Material, (c) inform the person or persons to

20 whom unauthorized disclosures were made of all the terms of this Order, and

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

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

23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24 PROTECTED MATERIAL

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

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

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

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

1 procedure may be established in an e-discovery order that provides for production

2 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

3 (e), insofar as the Parties reach an agreement on the effect of disclosure of a

4 communication or information covered by the attorney-client privilege or work

5 product protection, the Parties may incorporate their agreement in the stipulated

6 protective order submitted to the court.

7 12. MISCELLANEOUS

8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

10 12.2 Right to Assert Other Objections. By stipulating to the entry of this

11 Order, no Party waives any right it otherwise would have to object to disclosing or

12 producing any information or item on any ground not addressed in this Order.

13 Similarly, no Party waives any right to object on any ground to use in evidence of

14 any of the material covered by this Order.

15 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

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

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

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

21 13. FINAL DISPOSITION

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

23 days after a written request by the Designating Party, each Receiving Party must

24 return all Protected Material to the Producing Party or destroy such material. As

25 used in this subdivision, “all Protected Material” includes all copies, abstracts,

26 compilations, summaries, and any other format reproducing or capturing any of the

27 Protected Material. Whether the Protected Material is returned or destroyed, the

28 Receiving Party must submit a written certification to the Producing Party (and, if

1 | not the same person or entity, to the Designating Party) by the 60-day deadline that

2 | (1) identifies (by category, where appropriate) all the Protected Material that was

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

4 | copies, abstracts, compilations, summaries or any other format reproducing or

5 | capturing any of the Protected Material. Notwithstanding this provision, Counsel

6 | are entitled to retain an archival copy of all pleadings, motion papers, trial,

7 | deposition, and hearing transcripts, legal memoranda, correspondence, deposition

8 | and trial exhibits, expert reports, attorney work product, and consultant and expert

9 | work product, even if such materials contain Protected Material. Any such archival

10 | copies that contain or constitute Protected Material remain subject to this Order as

11 | set forth in Section 4.

12}14. VIOLATION

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

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

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16 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17

18 | Dated: May 11, 2021 ALLEN MATKINS LECK GAMBLE

MALLORY & NATSIS LLP

19 DAVID R. ZARO

JOSHUA A. DEL CASTILLO

20 NORMAN M. ASPIS

21 By:

22

23 vat GALE

24 JOSHUA A. DEL CASTILLO

Attorneys for Court-Appointed

25 Receiver

GEOFF WINKLER

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Leck Gamble FIRST AMENDED STIPULATED

2 | Dated: May 11, 2021 BLANK ROME LLP

3 ARASH BERAL

4 By: /s/___ Arash Beral

5 Adomeys for Defendants

6 and the FAZIO FAMILY TRUST

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9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

10 DATED: 5/13/2021

n| CBee Mack

12 | ON. ALEXANDER F. MacKINNON

13 | United States Magistrate Judge

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FIRST AMENDED STIPULATED

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, ______________________________ [print or type full name], of

4 ______________________________ [print or type full address], declare under

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

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

7 District of California on [date] in the case of Winkler v. Fazio, et al., Case No. 2:21-

8 cv-02987-FMO-AFM. I agree to comply with and to be bound by all the terms of

9 this Stipulated Protective Order and I understand and acknowledge that failure to so

10 comply could expose me to sanctions and punishment in the nature of contempt. I

11 solemnly promise that I will not disclose in any manner any information or item that

12 is subject to this Stipulated Protective Order to any person or entity except in strict

13 compliance with the provisions of this Order. I further agree to submit to the

14 jurisdiction of the United States District Court for the Central District of California

15 for enforcing the terms of this Stipulated Protective Order, even if such enforcement

16 proceedings occur after termination of this action.

17 I hereby appoint ____________________ [print or type full name] of

18 ______________________________ [print or type full address and telephone

19 number] as my California agent for service of process in connection with this action

20 or any proceedings related to enforcement of this Stipulated Protective Order.

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22 Date: ______________________________

23 City and State where sworn and signed: ______________________________

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25 Printed name: ______________________________

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27 Signature: ______________________________

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