distinguishing “good cause” 23 showing for sealing documents produced in discovery from “compelling reasons” 24 standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 23 showing for sealing documents produced in discovery from “compelling reasons” 24 standard when merits-related documents are part of court record
Written by the judges who cited it.
The opinion
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7 UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
9
10 FEDERAL TRADE COMMISSION, Case No. 8:20-cv-01431-JLS-KES
11
Plaintiff, Magistrate Judge: Hon. Karen E. Scott
12 v.
STIPULATED PROTECTIVE
13
QYK BRANDS LLC d/b/a Glowyy; et ORDER
14 al,
15
Defendants
16
17
18
1. A. PURPOSES AND LIMITATIONS
19
20
Discovery in this action is likely to involve production of confidential,
21
proprietary, or private information for which special protection from public disclosure
22
and from use for any purpose other than prosecuting this litigation may be warranted.
23
Accordingly, the parties hereby stipulate to and petition the Court to enter the
24
following Stipulated Protective Order. The parties acknowledge that this Order does
25
not confer blanket protections on all disclosures or responses to discovery and that the
26
protection it affords from public disclosure and use extends only to the limited
27
information or items that are entitled to confidential treatment under the applicable
28
1 that this Stipulated Protective Order does not entitle them to file confidential
2 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
3 followed and the standards that will be applied when a party seeks permission from
4 the court to file material under seal.
5
6 B. GOOD CAUSE STATEMENT
7
8 This action is likely to involve trade secrets, customer and pricing lists and
9 other valuable research, development, confidential commercial, financial, technical
10 and/or proprietary information for which special protection from public disclosure
11 and from use for any purpose other than prosecution of this action is warranted. Such
12 confidential and proprietary materials and information consist of, among other things,
13 confidential business or financial information, information regarding confidential
14 business practices, or other confidential research, development, or commercial
15 information (including information implicating privacy rights of third parties),
16 information otherwise generally unavailable to the public, or which may be privileged
17 or otherwise protected from disclosure under state or federal statutes, court rules, case
18 decisions, or common law. Accordingly, to expedite the flow of information, to
19 facilitate the prompt resolution of disputes over confidentiality of discovery materials,
20 to adequately protect information the parties are entitled to keep confidential, to
21 ensure that the parties are permitted reasonable necessary uses of such material in
22 preparation for and in the conduct of trial, to address their handling at the end of the
23 litigation, and serve the ends of justice, a protective order for such information is
24 justified in this matter. It is the intent of the parties that information will not be
25 designated as confidential for tactical reasons and that nothing be so designated
26 without a good faith belief that it has been maintained in a confidential, non-public
27 manner, and there is good cause why it should not be part of the public record of this
28
1 2. DEFINITIONS
2 2.1 Action: This pending federal law suit.
3 2.2 Challenging Party: a Party or Non-Party that challenges the designation
4 of information or items under this Order.
5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
6 how it is generated, stored or maintained) or tangible things that qualify for protection
7 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
8 Cause Statement.
9 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
10 support staff).
11 2.5 Designating Party: a Party or Non-Party that designates information or
12 items that it produces in disclosures or in responses to discovery as
13 “CONFIDENTIAL.”
14 2.6 Disclosure or Discovery Material: all items or information, regardless of
15 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.
18 2.7 Expert: a person with specialized knowledge or experience in a matter
19 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
20 expert witness or as a consultant in this Action.
21 2.8 House Counsel: attorneys who are employees of a party to this Action.
22 House Counsel does not include Outside Counsel of Record or any other outside
23 counsel.
24 2.9 Non-Party: any natural person, partnership, corporation, association, or
25 other legal entity not named as a Party to this action.
26 2.10 Outside Counsel of Record: attorneys who are not employees of a party
27 to this Action but are retained to represent or advise a party to this Action and have
28
1 has appeared on behalf of that party, and includes support staff.
2 2.11 Party: any party to this Action, including all of its officers, directors,
3 employees, consultants, retained experts, and Outside Counsel of Record (and their
4 support staffs).
5 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
6 Discovery Material in this Action.
7 2.13 Professional Vendors: persons or entities that provide litigation support
8 services (e.g., photocopying, videotaping, translating, preparing exhibits or
9 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
10 their employees and subcontractors.
11 2.14 Protected Material: (1) any Disclosure or Discovery Material that is
12 designated as “CONFIDENTIAL”; and (2) Sensitive Personal Information; and (3)
13 Undercover Information.
14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
15 from a Producing Party.
16 2.16 Sensitive Personal Information:
17 1. Social Security number;
18 2. Sensitive health-related data including medical records;
19 3. Biometric identifier;
20 4. Any one or more of the following when combined with an individual’s
21 name, address, or phone number: (a) date of birth, (b) driver’s license
22 or other state identification number, or a foreign equivalent,
23 (c) military identification number, (d) passport number, (e) financial
24 institution account number, or (f) credit or debit card number;
25 5. An individual’s name, if that individual is a minor;
26 6. An individual’s email address or home address, unless relevant to a
27 claim or defense of any party; or
28
1 confidential status under applicable law or by order of this Court.
2 2.17 Undercover Information: any information relating to undercover
3 identities that Commission employees used in connection with their investigation of
4 the Defendants, including undercover names and any related phone numbers, email
5 addresses, physical addresses, credit card numbers, or other payment information.
6 3. SCOPE
7 The protections conferred by this Stipulation and Order cover not only Protected
8 Material (as defined above), but also (1) any information copied or extracted from
9 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
10 Material; and (3) any testimony, conversations, or presentations by Parties or their
11 Counsel that might reveal Protected Material.
12 Any use of Protected Material at trial or in connection with the filing of
13 dispositive motions shall be governed by the orders of the trial judge. This Order does
14 not govern the use of Protected Material at trial or in connection with the filing of
15 dispositive motions.
16 4. DURATION
17 Once a case proceeds to trial, all of the information that was designated as
18 confidential or maintained pursuant to this protective order becomes public and will
19 be presumptively available to all members of the public, including the press, unless
20 reasons supported by specific factual findings to proceed otherwise are made to the
21 trial judge in advance of or during the trial. See Kamakana v. City and County of
22 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”
23 showing for sealing documents produced in discovery from “compelling reasons”
24 standard when merits-related documents are part of court record).
25
26
5. DESIGNATING CONFIDENTIAL INFORMATION AS PROTECTED
27
MATERIAL
28
1 5.1 Exercise of Restraint and Care in Designating Material for Protection.
2 Each Party or Non-Party that designates information or items for protection under this
3 Order must take care to limit any such designation to specific material that qualifies
4 under the appropriate standards. The Designating Party must designate for protection
5 only those parts of material, documents, items, or oral or written communications that
6 qualify so that other portions of the material, documents, items, or communications
7 for which protection is not warranted are not swept unjustifiably within the ambit of
8 this Order.
9
Mass, indiscriminate, or routinized designations are prohibited. Designations
10
that are shown to be clearly unjustified or that have been made for an improper
11
purpose (e.g., to unnecessarily encumber the case development process or to impose
12
unnecessary expenses and burdens on other parties) may expose the Designating
13
Party to sanctions.
14
If it comes to a Designating Party’s attention that information or items that it
15
designated for protection do not qualify for protection, that Designating Party must
16
promptly notify all other Parties that it is withdrawing the inapplicable designation.
17
18 5.2 Manner and Timing of Designations. Except as otherwise provided in
19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
21 under this Order must be clearly so designated before the material is disclosed or
22 produced.
23 Designation in conformity with this Order requires:
24
(a) for information in documentary form (e.g., paper or electronic
25
documents, but excluding transcripts of depositions or other pretrial or trial
26
proceedings), that the Producing Party affix at a minimum, the legend
27
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
28
1 qualifies for protection, the Producing Party also must clearly identify the protected
2 portion(s) (e.g., by making appropriate markings in the margins).
3
A Party or Non-Party that makes original documents available for inspection
4
need not designate them for protection until after the inspecting Party has indicated
5
which documents it would like copied and produced. During the inspection and before
6
the designation, all of the material made available for inspection shall be deemed
7
“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
8
copied and produced, the Producing Party must determine which documents, or
9
portions thereof, qualify for protection under this Order. Then, before producing the
10
specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
11
to each page that contains Protected Material. If only a portion or portions of the
12
material on a page qualifies for protection, the Producing Party also must clearly
13
identify the protected portion(s) (e.g., by making appropriate markings in the
14
margins).
15
(b) for testimony given in depositions that the Designating Party identify the
16
Disclosure or Discovery Material on the record, before the close of the deposition all
17
protected testimony.
18
19 (c) for information produced in some form other than documentary and for
20 any other tangible items, that the Producing Party affix in a prominent place on the
21 exterior of the container or containers in which the information is stored the legend
22 “CONFIDENTIAL.” If only a portion or portions of the information warrants
23 protection, the Producing Party, to the extent practicable, shall identify the protected
24 portion(s).
25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
26 failure to designate qualified information or items does not, standing alone, waive the
27 Designating Party’s right to secure protection under this Order for such material.
28 Upon timely correction of a designation, the Receiving Party must make reasonable
1 efforts to assure that the material is treated in accordance with the provisions of this
2 Order.
3
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
5
designation of confidentiality at any time that is consistent with the Court’s Scheduling
6
Order.
7
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
8
resolution process under Local Rule 37.1 et seq. or follow the procedures for informal,
9
telephonic discovery hearings on the Court's website.
10
6.3 The burden of persuasion in any such challenge proceeding shall be on
11
the Designating Party. Frivolous challenges, and those made for an improper purpose
12
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
13
expose the Challenging Party to sanctions. Unless the Designating Party has waived
14
or withdrawn the confidentiality designation, all parties shall continue to afford the
15
material in question the level of protection to which it is entitled under the Producing
16
Party’s designation until the Court rules on the challenge.
17
7. ACCESS TO AND USE OF PROTECTED MATERIAL
18
7.1 Basic Principles. A Receiving Party may use Protected Material that is
19
disclosed or produced by another Party or by a Non-Party in connection with this
20
Action only for prosecuting, defending, or attempting to settle this Action. Such
21
Protected Material may be disclosed only to the categories of persons and under the
22
conditions described in this Order. When the Action has been terminated, a Receiving
23
Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
24
No Party may use Protected Material for purposes of interfering in, or attempting to
25
adversely affect, a Party’s business relationship; provided however, that nothing herein
26
shall prohibit a Party, in good faith, from contacting a business for the purpose of
27
obtaining information relevant to the issues described in the Complaint (and any
28
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 and Sensitive
5 Personal Information. Unless otherwise ordered by the court or permitted in writing
6 by the Designating Party, a Receiving Party may disclose any information or item
7 designated “CONFIDENTIAL” and any Sensitive Personal Information only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
9 as employees of said Outside Counsel of Record to whom it is reasonably necessary
10 to disclose the information for this Action;
11 (b) the officers, directors, and employees (including House Counsel) of the
12 Receiving Party to whom disclosure is reasonably necessary for this Action;
13 (c) Experts (as defined in this Order) of the Receiving Party to whom
14 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 Professional
19 Vendors to whom disclosure is reasonably necessary for this Action and who have
20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (g) the author or recipient of a document containing the information or a
22 custodian or other person who otherwise possessed or knew the information;
23 (h) during their depositions, witnesses, and attorneys for witnesses, in the
24 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
25 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
26 not be permitted to keep any confidential information unless they sign the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
28
1 testimony or exhibits to depositions that reveal Protected Material may be separately
2 bound by the court reporter and may not be disclosed to anyone except as permitted
3 under this Stipulated Protective Order; and
4 (i) any mediator or settlement officer, and their supporting personnel,
5 mutually agreed upon by any of the parties engaged in settlement discussions.
6 Notwithstanding the limitations set forth in this Section 7 and subject to taking
7 appropriate steps to preserve confidentiality, the Commission may disclose
8 Confidential Material or Sensitive Personal Information to other governmental
9 entities, as provided by 16 C.F.R. §§ 4.9–4.11, 15 U.S.C. §§ 46(f) and 57b-2, or as
10 otherwise authorized or required by law. Such entities include officers and employees
11 of Federal or State law enforcement agencies (including duly authorized employees of
12 the Commission) and congressional committees.
13
14 8. USE OF SENSITIVE PERSONAL INFORMATION IN LITIGATION
15 No Party or Non-Party may publicly disclose any Confidential, Sensitive
16 Personal Information without prior approval of this Court. A Party or Non-Party
17 seeking to file Sensitive Personal Information publicly in the docket of any action must
18 redact such information before filing, unless the Sensitive Personal Information is
19 relevant and necessary for the Court’s understanding of the issues presented. In such
20 circumstances, a Party or Non-Party must file any unredacted Sensitive Personal
21 Information under seal concurrently with a motion to seal the information.
22
23 9. UNDERCOVER INFORMATION
24 The Commission’s Undercover Information is protected from discovery. The
25 Commission may redact Undercover Information from any Court filings, hearing or
26 deposition exhibits, or discovery responses. No Party may obtain Undercover
27 Information from the Commission unless the Court finds that there is good cause for
28
1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 Protected Material that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification shall
7 include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to
9 issue in the other litigation that some or all of the material covered by the subpoena or
10 order is subject to this Protective Order. Such notification shall include a copy of this
11 Stipulated Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued
13 by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with
15 the subpoena or court order shall not produce any information designated in this Action
16 as Protected Material before a determination by the court from which the subpoena or
17 order issued, unless the Party has obtained the Designating Party’s permission. The
18 Designating Party shall bear the burden and expense of seeking protection in that court
19 of its confidential material and nothing in these provisions should be construed as
20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
21 directive from another court.
22
23 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
24 PRODUCED IN THIS LITIGATION
25 (a) The terms of this Order are applicable to information produced by a Non-
26 Party in this Action and designated as “CONFIDENTIAL.” Such information
27 produced by Non-Parties in connection with this litigation is protected by the remedies
28
1 prohibiting a Non-Party from seeking additional protections.
2 (b) In the event that a Party is required, by a valid discovery request, to
3 produce a Non-Party’s confidential information in its possession, and the Party is
4 subject to an agreement with the Non-Party not to produce the Non-Party’s
5 confidential information, then the Party shall:
6 (1) promptly notify in writing the Requesting Party and the Non-Party that
7 some or all of the information requested is subject to a confidentiality agreement with
8 a Non-Party;
9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
10 Order in this Action, the relevant discovery request(s), and a reasonably specific
11 description of the information requested; and
12 (3) make the information requested available for inspection by the Non-
13 Party, if requested.
14 (c) If the Non-Party fails to seek a protective order from this court within 14
15 days of receiving the notice and accompanying information, the Receiving Party may
16 produce the Non-Party’s confidential information responsive to the discovery request.
17 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
18 any information in its possession or control that is subject to the confidentiality
19 agreement with the Non-Party before a determination by the court. Absent a court
20 order to the contrary, the Non-Party shall bear the burden and expense of seeking
21 protection in this court of its Protected Material.
22
23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25 Protected Material to any person or in any circumstance not authorized under this
26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
27 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
28
1 whom unauthorized disclosures were made of all the terms of this Order, and (d)
2 request such person or persons to execute the “Acknowledgment and Agreement to Be
3 Bound” that is attached hereto as Exhibit A.
4
5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
6 PROTECTED MATERIAL
7 When a Producing Party gives notice to Receiving Parties that certain
8 inadvertently produced material is subject to a claim of privilege or other protection,
9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
11 may be established in an e-discovery order that provides for production without prior
12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
13 parties reach an agreement on the effect of disclosure of a communication or
14 information covered by the attorney-client privilege or work product protection, the
15 parties may incorporate their agreement in the stipulated protective order submitted to
16 the court.
17
18 14. MISCELLANEOUS
19 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
20 person to seek its modification by the Court in the future.
21 14.2 Right to Assert Other Objections. By stipulating to the entry of this
22 Protective Order no Party waives any right it otherwise would have to object to
23 disclosing or producing any information or item on any ground not addressed in this
24 Stipulated Protective Order. Similarly, no Party waives any right to object on any
25 ground to use in evidence of any of the material covered by this Protective Order.
26 14.3 Filing Protected Material. A Party that seeks to file under seal any
27 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
28
1 Protected Material at issue. If a Party's request to file Protected Material under seal is
2 denied by the court, then the Receiving Party may file the information in the public
3 record unless otherwise instructed by the court.
4
5 15. FINAL DISPOSITION
6 After the final disposition of this Action, as defined in paragraph 4, within 60
7 days of a written request by the Designating Party, each Receiving Party must return
8 all Protected Material to the Producing Party or destroy such material, except as
9 follows:
10 A. Designating Parties may maintain copies of all of their own Confidential
11 Material and Sensitive Personal Information.
12 B. The Commission shall retain, return, or destroy Confidential Material or
13 Sensitive Personal Information in accordance with 16 C.F.R. § 4.12, including
14 retaining such information to assist with ongoing law enforcement or bankruptcy
15 matters, enforcement of any final orders entered in this action, providing redress to
16 consumers (if ordered by the Court), or any policy or research matters consistent with
17 the Commission’s mission, provided that the Commission continues to take all
18 appropriate steps to protect the confidentiality of the materials.
19 C. Any law enforcement agency other than the Commission that has
20 received copies of any Confidential Material or Sensitive Personal Information may
21 retain such information to assist with other ongoing law enforcement matters, provided
22 that the law enforcement agency continues to take all appropriate steps to protect the
23 confidentiality of the materials.
24 D. Any congressional committee may maintain copies of Confidential
25 Materials and Sensitive Personal Information obtained from the Commission as
26 required under 15 U.S.C. § 57b-2 and 16 C.F.R. § 4.11(b).
27 As used in this subdivision, “all Protected Material” includes all copies,
28
1 of the Protected Material. Whether the Protected Material is returned or destroyed, the
2 Receiving Party must submit a written certification to the Producing Party (and, if not
3 the same person or entity, to the Designating Party) by the 60 day deadline that (1)
4 identifies (by category, where appropriate) all the Protected Material that was returned
5 or destroyed and (2) affirms that the Receiving Party has not retained any copies,
6 abstracts, compilations, summaries or any other format reproducing or capturing any
7 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain
8 an archival copy of all pleadings, motion papers, trial, deposition, and hearing
9 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
10 reports, attorney work product, and consultant and expert work product, even if such
11 materials contain Protected Material. Any such archival copies that contain or
12 constitute Protected Material remain subject to this Protective Order as set forth in
13 Section 4 (DURATION).
14 16. Any violation of this Order may be punished by any and all appropriate
15 measures including, without limitation, contempt proceedings and/or monetary
16 sanctions.
17 17. For any Disclosure or Discovery Material, Sensitive Information, or Undercover
18 Information that has already been produced by a Party, such Party shall have 21 days
19 from entry of this Order to designate such material as Protected Material in accordance
20 with the terms of this Order. Nothing that a Party has publicly disclosed that was not
21 previously designated as Protected Material prior to entry of this Protective Order shall
22 be considered a violation of this Order.
23 ///
24 ///
25 ///
26 ///
27 ///
28
1 IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 | DATE: October 21, 2021
4
5 | /s/ Katherine Johnson
6 | Attorneys for Plaintiff
7
8
9 | DATE: October 21, 2021
10
11 | /s/ Scott Wellman
12 | Attorneys for Defendant
13
141 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
15
'©]DATED: __ October 21, 2021
17
18 Mion Silt
19 | Karen E. Scott
20 | United States District/ Magistrate Judge
21
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STIPULATED PROTECTIVE ORDER
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 penalty of perjury that I
5
have read in its entirety and understand the Stipulated Protective Order that was issued
6
by the United States District Court for the Central District of California on [date] in
7
the case of Federal Trade Commission v. QYK Brands, LLC, et al Case No. 8:20-cv-
8
01431-JLS-KESI agree to comply with and to be bound by all the terms of this
9
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.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
18
termination of this action. I hereby appoint __________________ [print or type full
name] of ________________________ [print or type full address and telephone
19
number] as my California agent for service of process in connection with this action
20
21 or any proceedings related to enforcement of this Stipulated Protective Order.
22
23 Date: ______________________
24 City and State where sworn and signed: _______________________
25
Printed name: _________________________________
26
27 Signature: _____________________________
28
2 I hereby certify, under penalty of perjury, under the laws of the United States of America
3
that on this date, I caused to be electronically filed the foregoing document, and this Certificate
4
of ECF Filing & Service, with the Clerk of the Court using the CM/ECF system, who will send
5
notification of such filing to the following party:
6
7 Attorneys for Plaintiff and Defendants
8 KATHERINE E. JOHNSON kjohnson3@ftc.gov;
KRISTY M. TILLMAN ktillman@ftc.gov;
9
DELILAH VINZON dvinzon@ftc.gov
10
Attorneys for Federal Trade Commission
11
12
DATED this 21th day of October 2021, at Laguna Hills, California.
13
/s/ Kelsey Schafer ___
14 Paralegal
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