finding 10 information that implicates private financial information is “presumptively 11 privileged”
How later courts described this case
- finding 10 information that implicates private financial information is “presumptively 11 privileged”
- “Congress 8 has expressed a strong interest in protecting the privacy of consumers’ financial 9 information.”
- noting that the 12 existence of a constitutionally protected “zone of privacy” is firmly established by 13 the Supreme Court
Written by the judges who cited it.
The opinion
1 MBROIRAGNA CN. ,F LREOWNITSI N&O B (OSCtaKteI UBaSr LNLoP. 222032)
2049 Century Park East, Suite 700
2 Los Angeles, CA 90067
Telephone: 310.907.1000
3 Facsimile: 310.907.1001
Email: brian.frontino@morganlewis.com
4
Attorneys for Defendant
5 AMERICAN EXPRESS NATIONAL BANK,
erroneously sued as AMERICAN EXPRESS
6 COMPANY
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11
LA TECH AND CONSULTING, LLC, a ) C
ase No. 8:22-cv-01213-DOC-KES
California Limited Liability Company, )
)
12
Plaintiff, )
ORDER RE STIPULATED
PROTECTIVE ORDER
13 )
vs. )
14 )
AMERICAN EXPRESS COMPANY, a
)
New York Corporation; and DOES 1 to
15 )
50, inclusive,
)
16 Defendants. )
)
17 )
)
18
)
19 )
)
20
21
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23
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1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may be
5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
6 the following Stipulated Protective Order. The parties 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 the
10 applicable legal principles. The parties further acknowledge, as set forth in Section
11 12.3, below, that this Stipulated Protective Order does not entitle them to file
12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
13 that must be followed and the standards that will be applied when a party seeks
14 permission from the court to file material under seal.
15 B. GOOD CAUSE STATEMENT
16 This action is likely to involve trade secrets, private financial information and
17 records, and other valuable research, development, commercial, financial, technical
18 and/or proprietary information for which special protection from public disclosure
19 and from use for any purpose other than prosecution of this action is warranted.
20 Such confidential and proprietary materials and information consist of, among other
21 things, confidential business or financial information, information regarding
22 confidential business practices, financial records and account information (including
23 records and information implicating privacy rights of third parties), or information
24 otherwise generally unavailable to the public, or which may be privileged or
25 otherwise protected from disclosure under state or federal statutes, court rules, case
26 decisions, or common law. Accordingly, to expedite the flow of information, to
27 facilitate the prompt resolution of disputes over confidentiality of discovery
28 materials, to adequately protect information the parties are entitled to keep
1 confidential, to ensure that the parties are permitted reasonable necessary uses of
2 such material in preparation for and in the conduct of trial, to address their handling
3 at the end of the litigation, and to serve the ends of justice, a protective order for such
4 information is justified in this matter. It is the intent of the parties that information
5 will not be designated as confidential for tactical reasons and that nothing be so
6 designated without a good faith belief that it has been maintained in a confidential,
7 non-public manner, and there is good cause why it should not be part of the public
8 record of this case.
9 2. DEFINITIONS
10 2.1 Action: this pending federal lawsuit, captioned LA Tech and Consulting,
11 LLC v. American Express Company, Case No. 8:22-cv-01213-DOC-KES.
12 2.2 Challenging Party: a Party or Non-Party that challenges the designation
13 of information or items under this Order.
14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
15 how it is generated, stored or maintained) or tangible things that qualify for
16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
17 Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
19 their support staff).
20 2.5 Designating Party: a Party or Non-Party that designates information or
21 items that it produces in disclosures or in responses to discovery as
22 “CONFIDENTIAL”.
23 2.6 Disclosure or Discovery Material: all items or information, regardless of
24 the medium or manner in which it is generated, stored, or maintained (including,
25 among other things, testimony, transcripts, and tangible things), that are produced or
26 generated in disclosures or responses to discovery in this matter.
27
28
1 2.7 Expert: a person with specialized knowledge or experience in a matter
2 pertinent to the litigation who has been retained by a Party or its counsel to serve as
3 an expert witness or as a consultant in this Action.
4 2.8 House Counsel: attorneys who are employees of a party to this Action.
5 House Counsel does not include Outside Counsel of Record or any other outside
6 counsel.
7 2.9 Non-Party: any natural person, partnership, corporation, association, or
8 other legal entity not named as a Party to this action.
9 2.10 Outside Counsel of Record: attorneys who are not employees of a party
10 to this Action but are retained to represent or advise a party to this Action and have
11 appeared in this Action on behalf of that party or are affiliated with a law firm which
12 has appeared on behalf of that party, and includes support staff.
13 2.11 Party: any party to this Action, including all of its officers, directors,
14 employees, consultants, retained experts, House Counsel, and Outside Counsel of
15 Record (and their support staffs).
16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
17 Discovery Material in this Action.
18 2.13 Professional Vendors: persons or entities that provide litigation support
19 services (e.g., photocopying, videotaping, translating, preparing exhibits or
20 demonstrations, and organizing, storing, or retrieving data in any form or medium)
21 and their employees and subcontractors.
22 2.14 Protected Material: any Disclosure or Discovery Material that is
23 designated as “CONFIDENTIAL”.
24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
25 from a Producing Party.
26 3. SCOPE
27 The protections conferred by this Stipulation and Order cover not only
28 Protected Material (as defined above), but also (1) any information copied or
1 extracted from Protected Material; (2) all copies, excerpts, summaries, or
2 compilations of Protected Material; and (3) any testimony, conversations, or
3 presentations by Parties or their Counsel that might reveal Protected Material.
4 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.
6 4. DURATION
7 Even after final disposition of this litigation, the confidentiality obligations
8 imposed by this Order shall remain in effect until a Designating Party agrees
9 otherwise in writing or a court order otherwise directs. Final disposition shall be
10 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
11 or without prejudice; and (2) final judgment herein after the completion and
12 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
13 including the time limits for filing any motions or applications for extension of time
14 pursuant to applicable law.
15 5. DESIGNATING PROTECTED MATERIAL
16 5.1 Exercise of Restraint and Care in Designating Material for Protection.
17 Each Party or Non-Party that designates information or items for protection
18 under this Order must take care to limit any such designation to specific material that
19 qualifies under the appropriate standards. The Designating Party must designate for
20 protection only those parts of material, documents, items, or oral or written
21 communications that qualify so that other portions of the material, documents, items,
22 communications for which protection is not warranted are not swept unjustifiably
23 within the ambit of this Order.
24 Mass, indiscriminate, or routinized designations are prohibited. Designations
25 that are shown to be clearly unjustified or that have been made for an improper
26 purpose (e.g., to unnecessarily encumber the case development process or to impose
27 unnecessary expenses and burdens on other parties) may expose the Designating
28 Party to sanctions.
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”, to each page that contains protected material. If only a portion
14 or portions of the material on a page qualifies for protection, the Producing Party also
15 must clearly identify the protected portion(s) (e.g., by making appropriate markings
16 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, before
24 producing the specified documents, the Producing Party must affix the legend
25 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion
26 or portions 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, the entire transcript shall be
2 treated as Protected Material for thirty (30) days following receipt by all Parties of
3 the transcript. By default during this period, the entire transcript will be treated as
4 CONFIDENTIAL, unless a Party designates it at a higher level of confidentiality
5 before the close of the deposition. Any Party wishing to designate portions of the
6 transcript or the exhibits attached thereto as Protected Material must do so within
7 those thirty (30) days.
8 (c) for information produced in some form other than documentary
9 and for any other tangible items, that the Producing Party affix in a prominent place
10 on the exterior of the container or containers in which the information is stored the
11 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
12 protection, the Producing Party, to the extent practicable, shall identify the protected
13 portion(s).
14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
15 failure to designate qualified information or items does not, standing alone, waive the
16 Designating Party’s right to secure protection under this Order for such material.
17 Upon timely correction of a designation, the Receiving Party must make reasonable
18 efforts to assure that the material is treated in accordance with the provisions of this
19 Order.
20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
22 designation of confidentiality at any time that is consistent with the Court’s
23 Scheduling Order.
24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
25 resolution process under Local Rule 37-1 et seq. or follow the procedures for
26 informal, telephonic discovery hearings on the Court’s website.
27 6.3 The burden of persuasion in any such challenge proceeding shall be on
28 the Designating Party. Frivolous challenges, and those made for an improper
1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
2 parties) may expose the Challenging Party to sanctions. Unless the Designating
3 Party has waived or withdrawn the confidentiality designation, all parties shall
4 continue to afford the material in question the level of protection to which it is
5 entitled under the Producing Party’s designation until the Court rules on the
6 challenge.
7 7. ACCESS TO AND USE OF PROTECTED MATERIAL
8 7.1 Basic Principles. A Receiving Party may use Protected Material that is
9 disclosed or produced by another Party or by a Non-Party in connection with this
10 Action only for prosecuting, defending, or attempting to settle this Action. Such
11 Protected Material may be disclosed only to the categories of persons and under the
12 conditions described in this Order. When the Action has been terminated, a
13 Receiving Party must comply with the provisions of section 13 below (FINAL
14 DISPOSITION).
15 Protected Material must be stored and maintained by a Receiving Party at a
16 location and in a secure manner that ensures that access is limited to the persons
17 authorized under this Stipulated Protective Order.
18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
19 otherwise ordered by the court or permitted in writing by the Designating Party, a
20 Receiving Party may disclose any information or item designated
21 “CONFIDENTIAL” only to:
22 (a) the Receiving Party’s Outside Counsel of Record in this Action,
23 as well as employees of said Outside Counsel of Record to whom it is reasonably
24 necessary to disclose the information for this Action;
25 (b) the officers, directors, and employees (including House Counsel)
26 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
27
28
1 (c) Experts (as defined in this Order) of the Receiving Party to whom
2 disclosure is reasonably necessary for this Action and who have signed the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (d) the court and its personnel;
5 (e) court reporters and their staff;
6 (f) professional jury or trial consultants, mock jurors, and
7 Professional Vendors to whom disclosure is reasonably necessary for this Action and
8 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9 (g) the author or recipient of a document containing the information
10 or a custodian or other person who otherwise possessed or knew the information;
11 (h) during their depositions, witnesses ,and attorneys for witnesses, in
12 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
13 party requests that the witness sign the form attached as Exhibit A hereto; and (2)
14 they will not be permitted to keep any confidential information unless they sign the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
16 agreed by the Designating Party or ordered by the court. Pages of transcribed
17 deposition testimony or exhibits to depositions that reveal Protected Material may be
18 separately bound by the court reporter and may not be disclosed to anyone except as
19 permitted under this Stipulated Protective Order; and
20 (i) any mediator or settlement officer, and their supporting
21 personnel, mutually agreed upon by any of the parties engaged in settlement
22 discussions.
23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
24 PRODUCED IN OTHER LITIGATION
25 If a Party is served with a subpoena or a court order issued in other litigation
26 that compels disclosure of any information or items designated in this Action as
27 “CONFIDENTIAL,” that Party must:
28
1 (a) promptly notify in writing the Designating Party. Such
2 notification shall include a copy of the subpoena or court order;
3 (b) promptly notify in writing the party who caused the subpoena or
4 order to issue in the other litigation that some or all of the material covered by the
5 subpoena or order is subject to this Protective Order. Such notification shall include
6 a copy of this Stipulated Protective Order; and
7 (c) cooperate with respect to all reasonable procedures sought to be
8 pursued by the Designating Party whose Protected Material may be affected.
9 If the Designating Party timely seeks a protective order, the Party served with
10 the subpoena or court order shall not produce any information designated in this
11 action as “CONFIDENTIAL” before a determination by the court from which the
12 subpoena or order issued, unless the Party has obtained the Designating Party’s
13 permission. The Designating Party shall bear the burden and expense of seeking
14 protection in that court of its confidential material and nothing in these provisions
15 should be construed as authorizing or encouraging a Receiving Party in this Action to
16 disobey a lawful directive from another court.
17 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
18 PRODUCED IN THIS LITIGATION
19 (a) The terms of this Order are applicable to information produced by
20 a Non-Party in this Action and designated as Protected Material. Such information
21 produced by Non-Parties in connection with this litigation is protected by the
22 remedies and relief provided by this Order. Nothing in these provisions should be
23 construed as prohibiting a Non-Party from seeking additional protections.
24 (b) In the event that a Party is required, by a valid discovery request,
25 to produce a Non-Party’s confidential information in its possession, and the Party is
26 subject to an agreement with the Non-Party not to produce the Non-Party’s
27 confidential information, then the Party shall:
28
1 (1) promptly notify in writing the Requesting Party and the
2 Non-Party that some or all of the information requested is subject to a confidentiality
3 agreement with a Non-Party;
4 (2) promptly provide the Non-Party with a copy of the
5 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
6 reasonably specific description of the information requested; and
7 (3) make the information requested available for inspection by
8 the Non-Party, if requested.
9 (c) If the Non-Party fails to seek a protective order from this court
10 within fourteen (14) days of receiving the notice and accompanying information, the
11 Receiving Party may produce the Non-Party’s confidential information responsive to
12 the discovery request. If the Non-Party timely seeks a protective order, the
13 Receiving Party shall not produce any information in its possession or control that is
14 subject to the confidentiality agreement with the Non-Party before a determination
15 by the court. Absent a court order to the contrary, the Non-Party shall bear the
16 burden and expense of seeking protection in this court of its Protected Material.
17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
19 Protected Material to any person or in any circumstance not authorized under this
20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
21 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
22 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
23 persons to whom unauthorized disclosures were made of all the terms of this Order,
24 and (d) request such person or persons to execute the “Acknowledgment and
25 Agreement to Be Bound” that is attached hereto as Exhibit A.
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1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 inadvertently produced material is subject to a claim of privilege or other protection,
5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
7 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
10 information covered by the attorney-client privilege or work product protection, the
11 parties may incorporate their agreement in a stipulated protective order submitted to
12 the court.
13 12. MISCELLANEOUS
14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
15 person to seek its modification by the Court in the future.
16 12.2 Right to Assert Other Objections. By stipulating to the entry of this
17 Order no Party waives any right it otherwise would have to object to disclosing or
18 producing any information or item on any ground not addressed in this Stipulated
19 Protective Order. Similarly, no Party waives any right to object on any ground to use
20 in evidence of any of the material covered by this Order.
21 12.3 Filing Protected Material. A Party that seeks to file under seal any
22 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
23 only be filed under seal pursuant to a court order authorizing the sealing of the
24 specific Protected Material at issue. If a Party’s request to file Protected Material
25 under seal is denied by the court, then the Receiving Party may file the information
26 in the public record unless otherwise instructed by the court.
27 12.4 Production of Third-Party Confidential Account Information. The
28 parties acknowledge that this action concerns non-public, private and confidential
1 American Express Card account information of third parties. Those third parties
2 have a legitimate expectation and/or right of privacy in their personal, non-public,
3 financial information represented on American Express card account statements
4 pursuant to constitution, statute, such as the Gramm-Leach-Bliley Act, 15 U.S.C. §
5 6801, et seq., and 12 C.F.R. Part 1016 et seq. (“GLBA”), and the Fair and Accurate
6 Credit Transactions Act, 15 U.S.C. § 1601 et seq., and/or case law, such as Marks v.
7 Global Mortgage Group, Inc., 218 F.R.D. 492, 497 (S.D. W. Va. 2003) (“Congress
8 has expressed a strong interest in protecting the privacy of consumers’ financial
9 information.”); Davis v. Leal, 43 F. Supp. 2d 1102, 1111 (E.D. Cal. 1999) (finding
10 information that implicates private financial information is “presumptively
11 privileged”); In re Crawford, 194 F.3d 954, 958-59 (9th Cir. 1999) (noting that the
12 existence of a constitutionally protected “zone of privacy” is firmly established by
13 the Supreme Court). Indeed, under the GLBA, American Express is prohibited from
14 “disclos[ing] to a nonaffiliated third party any nonpublic personal information”
15 relating to its customers, unless an exception to GLBA applies. 15 U.S.C. § 6802(a).
16 “Personally identifiable financial information” means any information, in the context
17 of the provision of a financial product or service, that (1) a consumer gives to a
18 financial institution, (2) is about a consumer’s transaction, or (3) a financial
19 institution obtains from a consumer. 16 C.F.R. § 313.3(o)(1); see also 15 U.S.C. §
20 6809(4)(A)(i)-(iii). Even the fact that an individual is or has been the customer of a
21 financial institution constitutes “personally identifiable financial information” under
22 GLBA’s implementing regulation. See 16 C.F.R. § 313(o). Through entry of this
23 Order, American Express is permitted to disclose all such records relating to the
24 American Express card accounts to which payments at issue in this action were
25 made, notwithstanding that those account records contain information in which third
26 parties may have a legitimate expectation and/or right of privacy pursuant to federal
27 and state constitutions, statute or case law.
28
1 13. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in Section 4, within sixty
3 (60) days of a written request by the Designating Party, each Receiving Party must
4 return all Protected Material to the Producing Party or destroy such material. As used
5 in this subdivision, “all Protected Material” includes all copies, abstracts,
6 compilations, summaries, and any other format reproducing or capturing any of the
7 Protected Material. Whether the Protected Material is returned or destroyed, the
8 Receiving Party must submit a written certification to the Producing Party (and, if
9 not the same person or entity, to the Designating Party) by the 60 day deadline that
10 (1) identifies (by category, where appropriate) all the Protected Material that was
11 returned or destroyed and (2) affirms that the Receiving Party has not retained any
12 copies, abstracts, compilations, summaries or any other format reproducing or
13 capturing any of the Protected Material. Notwithstanding this provision, Counsel are
14 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
15 and hearing transcripts, legal memoranda, correspondence, deposition and trial
16 exhibits, expert reports, attorney work product, and consultant and expert work
17 product, even if such materials contain Protected Material. Any such archival copies
18 that contain or constitute Protected Material remain subject to this Protective Order
19 as set forth in Section 4 (DURATION).
20 14. Any violation of this Stipulated Order may be punished by any and all
21 appropriate measures including, without limitation, contempt proceedings and/or
22 monetary sanctions.
23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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1 Dated: June 7, 2024 MORGAN, LEWIS & BOCKIUS LLP
2 BRIAN C. FRONTINO
3
By: /s/ Brian C. Frontino
4 Brian C. Frontino
5
Attorneys for Defendant
6 AMERICAN EXPRESS NATIONAL
BANK, erroneously sued as
7
AMERICAN EXPRESS COMPANY
8
9
10
Dated: June 7, 2024 DAILY LAW GROUP
11 JAMES D. DAILY
12
By: /s/ James D. Daily
13 James D. Daily
14
Attorneys for Plaintiff
15 LA TECH AND CONSULTING, LLC
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1 Certification of Compliance with C.D. Cal. L.R. 5-4.3.4(a)(2)(i)
2 Pursuant to Local Rule 5-4.3.4(a)(2)(1i), the filer of this document attests that
3 || concurrence in the filing of the document has been obtained from each of the other
4 || Signatories.
5
6 /s/ Brian C. Frontino
4 Brian C. Frontino
8
9 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
10
Dated: June 10, 2024 Tans & S □□□
Hon. KarenE. Scott
United States Magistrate Judge
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-16-
At LAw □□ OTTDOT ATELY) PROTECTIVE □□□□□□□
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 have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the United
6 States District Court for the Central District of California on _____________ [date]
7 in the case of LA Tech and Consulting, LLC v. American Express Company, Case
8 No. 8:22-cv-01213-DOC-KES. I agree to comply with and to be bound by all the
9 terms of this Stipulated Protective Order and I understand and acknowledge that
10 failure to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any information
12 or item that is subject to this Stipulated Protective Order to any person or entity
13 except in strict 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 termination of this action. I hereby appoint ____________________ [print or type
18 full name] of _____________________________________________________
19 [print or type full address and telephone number] as my California agent for service
20 of process in connection with this action or any proceedings related to enforcement
21 of this Stipulated Protective Order.
22 Date: _________________________
23 City and State where sworn and signed: ___________________________________
24 Printed name: _____________________________
25 Signature: ________________________________
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