Dmitry Andrianov v. United States Citizenship and Immigration Services (USCIS)

1

2

3

4

5

6

7

8

9

UNITED STATES DISTRICT COURT

10

11 FOR THE CENTRAL DISTRICT OF CALIFORNIA

12

DMITRY ANDRIANOV, Case No. 2:23-cv-09315-CAS-E

13

Plaintiff, STIPULATED PROTECTIVE ORDER

14

15 v.

16 UNITED STATES CITIZENSHIP AND

IMMIGRATION SERVICES, ET AL.,

17

18 Defendants.

19

20 1. A. PURPOSES AND LIMITATIONS

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

22 or private information for which special protection from public disclosure and from use

23 for any purpose other than prosecuting this litigation may be warranted, including case-

24 specific, asylum-related, or private information relating to Plaintiff. Accordingly, the

25 parties hereby stipulate to and petition the Court to enter the following Stipulated

26 Protective Order. The parties acknowledge that this Order does not confer blanket

27 protections on all disclosures or responses to discovery and that the protection it affords

1 from public disclosure and use extends only to the limited information or items that are

2 entitled to confidential treatment under the applicable legal principles.

3 B. GOOD CAUSE STATEMENT

4 This action is likely to involve: (i) information, documents or tangible things

5 protected by the Privacy Act, 5 U.S.C. § 552a, et seq., or information that would be

6 covered by the Privacy Act if the subject of the information had been a U.S. citizen or a

7 person lawfully admitted for permanent residence; (ii) information, documents or tangible

8 things—which may include, among other things, Department of Homeland Security

9 (“DHS”), Immigration and Customs Enforcement (“ICE”), and U.S. Citizenship and

10 Immigration Services (“USCIS”) records regarding law enforcement activities and

11 operations, internal policies, processes and procedures, and internal investigations—which

12 contain information that is law enforcement sensitive, for instance, information which

13 would be protected from disclosure under Freedom of Information Act, 5 U.S.C. § 552, et

14 seq., under the exemption found at 5 U.S.C. § 552(b)(7)(E); (iii) information contained in

15 or pertaining to asylum claims or applications, including applications for relief under the

16 Convention Against Torture (“CAT”) and refugee information; (iv) any identifying

17 information that is not publicly available and qualifies for protection under applicable law,

18 statutes or regulations (including 8 C.F.R. §§ 208.6, 1208.6(a)), including, but not limited

19 to, the names, addresses, date of birth, and “A” number of the particular individual to

20 whom information relates, any other personally identifiable information identified in

21 Federal Rule of Civil Procedure 5.2, and any personally identifiable information related to

22 third parties other than the individual whose information is being sought; and (v) any other

23 information that is protected or restricted from disclosure by Court order, statutes, or

24 regulations, including but not limited to: 8 U.S.C. §§ 1202(f), 1304(b), and 1367(a)(2),

25 (b), (c), (d); 8 C.F.R. §§ 208.6, 244.16, 245a.21, 1003.46, and 1208.6, which otherwise

26 could subject either party to civil or criminal penalties or other sanctions in the event of

27 unauthorized disclosure.

1 Specifically, on October 4, 2024, Defendants will file the Certified Administrative

2 Record of the Plaintiff’s asylum application, which was filed with Defendant United States

3 Citizenship and Immigration Services on or about December 15, 2020 (the “CAR”). See

4 Minutes (ECF No. 31); Joint Report (ECF No. 30) at 8. The CAR is likely to contain

5 personally identifiable information and information regarding the Plaintiff’s asylum

6 application including information regarding Plaintiff’s prior persecution and fear of future

7 persecution that is protected by law. See 8 C.F.R. § 208.6 (governing the disclosure of

8 information contained in or pertaining to any asylum application). Disclosure of asylum-

9 related information may subject an asylum applicant to retaliatory measures by

10 government authorities or non-state actors in the event that an asylum applicant is

11 repatriated, or endanger the security of the applicant’s family members still residing in the

12 applicant’s country of origin. See USCIS Asylum Division, Fact Sheet: Federal

13 Regulation Protecting the Confidentiality of Asylum Applicants (Oct. 18, 2012),

14 https://www.uscis.gov/sites/default/files/document/fact-sheets/Asylum-

15 ConfidentialityFactSheet.pdf.

16 Accordingly, to expedite the flow of information, to facilitate the prompt resolution

17 of disputes over confidentiality of discovery materials, to adequately protect information

18 the parties are entitled to keep confidential, to ensure that the parties are permitted

19 reasonable necessary uses of such material in preparation for and in the conduct of trial,

20 to address their handling at the end of the litigation, and serve the ends of justice, a

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

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

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

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

25 of this case.

26 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

2 standards that will be applied when a party seeks permission from the court to file material

3 under seal.

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

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

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

7 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Makar-Welbon v. Sony Elecs., Inc., 187

8 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause

9 showing). A specific showing of good cause or compelling reasons with proper evidentiary

10 support and legal justification, must be made with respect to protected material that a party

11 seeks to file under seal. See Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th

12 Cir. 2002). The parties’ mere designation of disclosure of discovery material as

13 confidential does not—without the submission of competent evidence by declaration,

14 establishing that the material sought to be filed under seal qualifies as confidential,

15 privileged, or otherwise protectable—constitute good cause. See Kamakana, 447 F.3d at

16 1182.

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

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

19 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos

20 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of

21 information, document, or thing sought to be filed or introduced under seal in connection

22 with a dispositive motion or trial, the party seeking protection must articulate compelling

23 reasons, supported by specific facts and legal justification, for the requested sealing order.

24 Again, competent evidence supporting the application to file documents under seal must

25 be provided by declaration.

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

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

1 confidential, privileged, or otherwise protectable portions of the document shall be filed.

2 Any application that seeks to file documents under seal in their entirety should include an

3 explanation of why redaction is not feasible.

4 2. DEFINITIONS

5 2.1. Action: Dmitry Andrianov v. United States Citizenship and Immigration

6 Services, et al., 2:23-cv-09315-CAS-E.

7 2.2. Challenging Party: A party or non-party that challenges the designation of

8 information or items under this Order.

9 2.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it

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

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

12 Cause Statement, including the CAR.

13 2.4. Counsel: outside counsel of record and house counsel (as well as their support

14 staff).

15 2.5. Designating Party: A party or non-party that designates information or items

16 that it files or produces in disclosures or in responses to discovery as

17 “CONFIDENTIAL.”

18 2.6. Disclosure or Discovery Material: All items or information, regardless of the

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

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

21 generated in disclosures or responses to discovery in this matter, including the CAR.

22 2.7. Expert: A person with specialized knowledge or experience in a matter

23 pertinent to the litigation who has been retained by a party or its counsel to serve as

24 an expert witness or as a consultant in this action.

25 2.8. House Counsel: Attorneys who are employees of a party to this action. House

26 counsel does not include outside counsel of record or any other outside counsel.

27 2.9. Non-Party: Any natural person, partnership, corporation, association or other

1 2.10. Outside Counsel of Record: Attorneys who are not employees of a party to

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

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

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

5 2.11. Party: Any party to this action, including all of its officers, directors,

6 employees, consultants, retained experts, and outside counsel of record (and their

7 support staffs).

8 2.12. Producing Party: A party or non-party that produces disclosure or discovery

9 material in this action.

10 2.13. Professional Vendors: Persons or entities that provide litigation support

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

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

13 and their employees and subcontractors.

14 2.14. Protected Material: Any disclosure or discovery material that is designated

15 as “CONFIDENTIAL.”

16 2.15. Receiving Party: A party that receives disclosure or discovery material from

17 a producing party.

18 3. SCOPE

19 The protections conferred by this Stipulation and Order cover not only protected

20 material (as defined above), but also (1) any information copied or extracted from

21 protected material; (2) all copies, excerpts, summaries, or compilations of protected

22 material; and (3) any testimony, conversations, or presentations by parties or their counsel

23 that might reveal protected material.

24 Any use of protected material at trial shall be governed by the orders of the trial

25 judge. This Order does not govern the use of protected material at trial.

26 4. DURATION

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

1 becomes public and will be presumptively available to all members of the public, including

2 the press, unless compelling reasons supported by specific factual findings to proceed

3 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at

4 1180-81 (distinguishing “good cause” showing for sealing documents produced in

5 discovery from “compelling reasons” standard when merits-related documents are part of

6 court record). Accordingly, as to such items, the terms of this protective order do not

7 extend beyond the commencement of the trial unless confidentiality statutory and

8 regulatory requirements prohibit such disclosure to the public in which case the terms of

9 this protective order will remain in place through trial or conclusion of this case.

10 Notwithstanding the above, the CAR shall remain subject to the provisions of this

11 protective order indefinitely.

12 5. USE OF CONFIDENTIAL INFORMATION IN COURT PROCEEDINGS

13 Where a party files (or seeks to file) a document with the Court that contains

14 confidential information, the party shall comply with the procedures and requirements of

15 the Local Rules of this Court and shall properly redact any confidential information

16 contained in that document. Where redaction is not feasible because the confidential

17 information is relevant or essential to the paper(s) being filed with the Court, the party

18 must conspicuously label the document, or protected part thereof, as “CONFIDENTIAL”

19 and submit such document, or protected part thereof, to the Court with a motion requesting

20 that it be filed under seal, in accordance with the procedures set out in the local rules or

21 other applicable rules of this Court.

22 In the event confidential information is used in any court proceeding in this action,

23 it shall not lose its protected status through such use, and the party using the information

24 shall take all reasonable steps to protect its confidentiality during such use.

25 6. DESIGNATING PROTECTED MATERIAL

26 6.1. Exercise of Restraint and Care in Designating Material for Protection. Each

27 party or non-party that designates information or items for protection under this

1 under the appropriate standards. The designating party must designate for protection

2 only those parts of material, documents, items or oral or written communications

3 that qualify so that other portions of the material, documents, items or

4 communications for which protection is not warranted are not swept unjustifiably

5 within the ambit of this Order. Mass, indiscriminate or routinized designations are

6 prohibited. Designations that are shown to be clearly unjustified or that have been

7 made for an improper purpose (e.g., to unnecessarily encumber the case

8 development process or to impose unnecessary expenses and burdens on other

9 parties) may expose the designating party to sanctions. If it comes to a designating

10 party’s attention that information or items that it designated for protection do not

11 qualify for protection, that designating party must promptly notify all other parties

12 that it is withdrawing the inapplicable designation.

13 6.2. Manner and Timing of Designations. Except as otherwise provided in this

14 Order (see, e.g., Section 6.2.1 below), or as otherwise stipulated or ordered,

15 disclosure or discovery material that qualifies for protection under this Order must

16 be clearly so designated before the material is disclosed or produced, or in the case

17 of the CAR, designated in conformity with this Order at the time of filing.

18 6.2.1. Designation in conformity with this Order requires:

19 a. For information in documentary form (e.g., paper or electronic

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

21 proceedings), that the producing party affix at a minimum, the legend

22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page

23 that contains protected material. If only a portion of the material on a page

24 qualifies for protection, the producing party also must clearly identify the

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

26 b. A party or non-party that makes original documents available for

27 inspection need not designate them for protection until after the inspecting

1 During the inspection and before the designation, all of the material made

2 available for inspection shall be deemed “CONFIDENTIAL.” After the

3 inspecting party has identified the documents it wants copied and produced,

4 the producing party must determine which documents, or portions thereof,

5 qualify for protection under this Order. Then, before producing the specified

6 documents, the producing party must affix the CONFIDENTIAL legend to

7 each page that contains protected material. If only a portion of the material

8 on a page qualifies for protection, the producing party also must clearly

9 identify the protected portion(s) (e.g., by making appropriate markings in the

10 margins).

11 c. To the extent depositions are taken, the designating party shall identify

12 on the record the disclosure or discovery material that it designates as

13 protected material, or shall make such designation by letter from counsel

14 within 30 days of receipt of the official deposition transcript or copy thereof

15 (or written notification that the transcript is available), listing the specific

16 pages and lines of the transcript that should be treated as protected material.

17 The entire deposition transcript (including any exhibits not previously

18 produced in discovery in this action) shall be treated as protected material

19 under this Protective Order until the expiration of the above-referenced 30-

20 day period for designation, except that the deponent and the deponent’s

21 counsel (if any) may review the transcript of his or her own deposition at any

22 time, subject to this Protective Order and the requirement of executing the

23 certification attached as Exhibit A. After designation is made, the

24 CONFIDENTIAL legend shall be placed on the front of the original and each

25 copy of a deposition transcript containing “CONFIDENTIAL” information

26 or items. If the deposition was video recorded, the CONFIDENTIAL legend

27 shall be affixed to both the recording storage medium (i.e., CD or DVD) and

1 the transcript that identifies the specific pages and lines of transcript and any

2 exhibits designated as protected material. only those pages and lines and

3 exhibits designated as protected material, and their corresponding portions of

4 video, if any, shall be subject to this Protective Order.

5 d. For information produced in some form other than documentary and

6 for any other tangible items, that the producing party affix in a prominent

7 place on the exterior of the container or containers in which the information

8 is stored the legend “CONFIDENTIAL.” If only a portion or portions of the

9 information warrants protection, the producing party, to the extent

10 practicable, shall identify the protected portion(s).

11 6.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

12 to designate qualified information or items does not, standing alone, waive the

13 designating party’s right to secure protection under this Order for such material.

14 Upon timely correction of a designation, the receiving party must make reasonable

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

16 Order.

17 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

18 7.1. Timing of Challenges. Any party or non-party may challenge a designation

19 of confidentiality at any time that is consistent with the Court’s orders.

20 7.2. Meet and Confer. The challenging party shall initiate the dispute resolution

21 process under Local Rule 37.1, et seq.

22 7.3. Burden of Persuasion. The burden of persuasion in any such challenge

23 proceeding shall be on the designating party. Frivolous challenges, and those made

24 for an improper purpose (e.g., to harass or impose unnecessary expenses and

25 burdens on other parties) may expose the challenging party to sanctions. Unless the

26 designating party has waived or withdrawn the confidentiality designation, all

27 parties shall continue to afford the material in question the level of protection to

1 which it is entitled under the producing party’s designation until the Court rules on

2 the challenge.

3 8. ACCESS TO AND USE OF PROTECTED MATERIAL

4 8.1. Basic Principles. A receiving party may use protected material that is

5 disclosed or produced by another party or by a non-party in connection with this

6 action only for prosecuting, defending, or attempting to settle this action. Such

7 protected material may be disclosed only to the categories of persons and under the

8 conditions described in this Order. When the action has been terminated, a receiving

9 party must comply with the provisions of Section 13 below. Protected material must

10 be stored and maintained by a receiving party at a location and in a secure manner

11 that ensures that access is limited to the persons authorized under this Order.

12 8.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

13 ordered by the court or permitted in writing by the designating party, a receiving

14 party may disclose any information or item designated “CONFIDENTIAL” only to:

15 a. The receiving party’s outside counsel of record in this action, as well

16 as employees of said outside counsel of record to whom it is reasonably

17 necessary to disclose the information for this action;

18 b. The officers, directors, and employees (including house counsel) of the

19 receiving party to whom disclosure is reasonably necessary for this action;

20 c. Experts (as defined in this Order) of the receiving party to whom

21 disclosure is reasonably necessary for this action and who have signed the

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

23 d. The court and its personnel;

24 e. Court reporters and their staff;

25 f. Professional jury or trial consultants, mock jurors, and professional

26 vendors to whom disclosure is reasonably necessary for this action and who

27 have signed Exhibit A;

1 g. The author or recipient of a document containing the information or a

2 custodian or other person who otherwise possessed or knew the information;

3 and

4 h. Any mediator or settlement officer, and their supporting personnel,

5 mutually agreed upon by any of the parties engaged in settlement discussions.

6 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

7 IN OTHER LITIGATION

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

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

10 “CONFIDENTIAL,” that party must:

11 a. Promptly notify in writing the designating party. Such notification

12 shall include a copy of the subpoena or court order;

13 b. Promptly notify in writing the party who caused the subpoena or order

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

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

16 include a copy of this Stipulated Protective Order; and

17 c. Cooperate with respect to all reasonable procedures sought to be

18 pursued by the designating party whose protected material may be affected.

19 If the designating party timely seeks a protective order, the party served with the

20 subpoena or court order shall not produce any information designated in this action as

21 “CONFIDENTIAL” before a determination by the court from which the subpoena or order

22 issued, unless the party has obtained the designating party’s permission. The designating

23 party shall bear the burden and expense of seeking protection in that court of its

24 confidential material and nothing in these provisions should be construed as authorizing

25 or encouraging a receiving party in this action to disobey a lawful directive from another

26 court.

27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

1 If a receiving party learns that, by inadvertence or otherwise, it has disclosed

2 protected material to any person or in any circumstance not authorized under this

3 Stipulated Protective Order, the receiving party must immediately (a) notify in writing the

4 designating party of the unauthorized disclosures, (b) use its best efforts to retrieve all

5 unauthorized copies of the protected material, (c) inform the person or persons to whom

6 unauthorized disclosures were made of all the terms of this Order, and (d) request such

7 person or persons to execute Exhibit A.

8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

9 PROTECTED MATERIAL

10 When a producing party gives notice to receiving parties that certain inadvertently

11 produced material is subject to a claim of privilege or other protection, the obligations of

12 the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

13 This provision is not intended to modify whatever procedure may be established in an e-

14 discovery order that provides for production without prior privilege review. Pursuant to

15 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

16 effect of disclosure of a communication or information covered by the attorney-client

17 privilege or work product protection, the parties may incorporate their agreement in the

18 stipulated protective order submitted to the court.

19 12. MISCELLANEOUS

20 12.1. Right to Further Relief. Nothing in this Order abridges the right of any person

21 to seek its modification by the Court in the future.

22 12.2. Right to Assert Other Objections. By stipulating to the entry of this Protective

23 Order, no party waives any right it otherwise would have to object to disclosing or

24 producing any information or item on any ground not addressed in this Stipulated

25 Protective Order. Similarly, no party waives any right to object on any ground to

26 use in evidence of any of the material covered by this Protective Order.

27 12.3. Filing Protected Material. A party that seeks to file under seal any protected

1 filed under seal pursuant to a court order authorizing the sealing of the specific

2 protected material at issue. If a party’s request to file protected material under seal

3 is denied by the Court, then the receiving party may file the information in the public

4 record unless otherwise instructed by the Court.

5 13. FINAL DISPOSITION

6 After the final disposition of this action, as defined in Section 4, within 60 days of

7 a written request by the designating party, each receiving party must return all protected

8 material to the producing party or destroy such material. as used in this subdivision, “all

9 protected material” includes all copies, abstracts, compilations, summaries, and any other

10 format reproducing or capturing any of the protected material. Whether the protected

11 material is returned or destroyed, the receiving party must submit a written certification to

12 the producing party (and, if not the same person or entity, to the designating party) by the

13 60-day deadline that (1) identifies (by category, where appropriate) all the protected

14 material that was returned or destroyed and (2) affirms that the receiving party has not

15 retained any copies, abstracts, compilations, summaries or any other format reproducing

16 or capturing any of the protected material. Notwithstanding this provision, counsel are

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

18 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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

20 materials contain protected material. Any such archival copies that contain or constitute

21 protected material remain subject to this Protective Order as set forth in Section 4.

22 14. VIOLATION

23 Any violation of this Order may be punished by appropriate measures including,

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

25 //

26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

27

1 || Dated: September 30, 2024 Respectfully submitted,

2 KRAMER LEVIN NAFTALIS & BRIAN M. BOYNTON

3 || FRANKEL LLP Principal Deputy Assistant Attorney

4 General, Civil Division

/s/ Aaron M. Frankel

5 | Aaron M. Frankel LINDSAY M. VICK

6 NY Bar No. 4025888 (pro hac vice) Senior Litigation Counsel

1177 Avenue of the Americas

7 || New York, New York 10036 /s/ Devin L. Barrett

Telephone: (212) 715-7793 Devin L. Barrett

Fax: (212) 715-8363 Trial Attorney (NY Bar No. 5615018)

9 | afrankel@kramerlevin.com Office of Immigration Litigation

10 Civil Division

Pro Bono Attorneys for Plaintiff U.S. Department of Justice

11 P.O. Box 878, Ben Franklin Station

12 Washington, DC 20044

Phone: (202) 305-8274

13 Email: devin.barrett@usdoj.gov

14

Attorneys for Defendants

15

16

7 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

18 LEZ

19 Dated: September 30, 2024

HONORABLE CHARLES F. EICK

20 UNITED STATES MAGISTRATE JUDGE

21

22

23

24

25

26

27

28

15

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

5 _________________ [print or type full address], declare under penalty of perjury that I

6 have read in its entirety and understand the Stipulated Protective Order that was issued by

7 the United States District Court for the Central District of California on [date] in the case

8 of Dmitry Andrianov v. United States Citizenship and Immigration Services, et al., 2:23-

9 cv-09315-CAS-E. I agree to comply with and to be bound by all the terms of this

10 Stipulated Protective Order and I understand and acknowledge that failure to so comply

11 could expose me to sanctions and punishment in the nature of contempt. I solemnly

12 promise that I will not disclose in any manner any information or item that is subject to

13 this Stipulated Protective Order to any person or entity except in strict compliance with

14 the provisions of this Order.

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

16 the Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action. I

18 hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and telephone

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

21 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: __________________________________