The opinion
1 MARC S. HINES (SBN 140065)
mbines@ tawhhp-com
2 || CHRISTINE EMANUELSON (SBN 221269)
cemanuelson@lawhhp-com
3 || XIA J. HWANG (SBN 343078)
xhwang @lawhhp com
4 || HINES HAMPTON PELANDA LLP
23 Corporate Plaza Drive, Suite 150
5 || Newport Beach, CA 92660
Tel.: (714) 513-1122
6 ||Fax: (714) 242-9529
7 Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE COMPANY
8
9
10 UNITED STATES DISTRICT COURT
ll CENTRAL DISTRICT OF CALIFORNIA
12 AFMK INC. dba MODA GENTLEMAN, | Case No.: 2:25-cv-02449-DMG-AYPx
13
Plaintiff,
14 STIPULATED PROTECTIVE
15 v. ORDER'
16 NATIONWIDE MUTUAL INSURANCE
17 COMPANY; and DOES 1-10, inclusive,
18 Defendant.
19
20 TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE COUNSEL
21 || OF RECORD:
22 IT IS HEREBY STIPULATED AND AGREED to, by and between the parties
23 || to this action, Plaintiff AFMK INC. dba MODA GENTLEMAN (“Plaintiff”) and
24 |! Defendant NATIONWIDE MUTUAL INSURANCE COMPANY (“NMIC”), through
25 || their respective attorneys of record, that certain documents produced in connection with
26 discovery proceedings in this action shall be subject to the following confidentiality
27 agreement (the “Agreement’):
28 |i This Stipulated Protective Order is substantially based on the model protective order provided under
Magistrate Judge Anna Y. Park’s procedures.
1 1. GENERAL
2 1.1 Purposes and Limitations. Discovery in this action is likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than prosecuting
5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition
6 the Court to enter the following Stipulated Protective Order. The parties acknowledge
7 that this Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends only to
9 the 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 12.3,
11 below, that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from the
14 court to file material under seal.
15 1.2 Good Cause Statement.
16 This action is likely to involve documents or information such as trade secrets,
17 valuable research, development, commercial and/or proprietary information for which
18 special protection from public disclosure and from use for any purpose other than
19 prosecution of this action is warranted. Such confidential and proprietary materials and
20 information consist of, among other things, Defendant’s Commercial Property Best
21 Claims Practices guide, which Defendant has agreed to produce to Plaintiff subject to a
22 protective order, as well as other discoverable and relevant information and testimony
23 that may be requested from Plaintiff and produced by Defendant in this case relating to
24 Defendant’s company practices, procedures and/or training relating to the handling of
25 claims and/or underwriting of insurance policies, information otherwise generally
26 unavailable to the public, or which may be privileged or otherwise protected from
27 disclosure under state or federal statutes, court rules, case decisions, or common law.
1 disputes over confidentiality of discovery materials, to adequately protect information the
2 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable
3 necessary uses of such material in preparation for and in the conduct of trial, to address
4 their handling at the end of the litigation, and serve the ends of justice, a protective order
5 for such information is justified in this matter. It is the intent of the parties that
6 information will not be designated as confidential for tactical reasons and that nothing be
7 so designated without a good faith belief that it has been maintained in a confidential,
8 non-public manner, and there is good cause why it should not be part of the public record
9 of this case.
10 2. DEFINITIONS
11 2.1 Action: this pending federal lawsuit, AFMK Inc. dba Moda Gentleman v.
12 Nationwide Mutual Insurance Company, Case No. 2:25-cv-02449-DMG-ADS.
13 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
14 information or items under this Order.
15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it
16 is generated, stored or maintained) or tangible things that qualify for protection under
17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
18 Statement.
19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
20 support staff).
21 2.5 Designating Party: a Party or Non-Party that designates information or
22 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
23 2.6 Disclosure or Discovery Material: all items or information, regardless of the
24 medium or manner in which it is generated, stored, or maintained (including, among
25 other things, testimony, transcripts, and tangible things), that are produced or generated in
26 disclosures or responses to discovery in this matter.
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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 an
3 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 counsel.
6 2.9 Non-Party: any natural person, partnership, corporation, association, or
7 other legal entity not named as a Party to this action.
8 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
9 this Action but are retained to represent or advise a party to this Action and have
10 appeared in this Action on behalf of that party or are affiliated with a law firm that has
11 appeared on behalf of that party, including support staff.
12 2.11 Party: any party to this Action, including all of its officers, directors,
13 employees, consultants, retained experts, and Outside Counsel of Record (and their
14 support staffs).
15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
16 Discovery Material in this Action.
17 2.13 Professional Vendors: persons or entities that provide litigation support
18 services (e.g., photocopying, videotaping, translating, preparing exhibits or
19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
20 their employees and subcontractors.
21 2.14 Protected Material: any Disclosure or Discovery Material that is designated
22 as “CONFIDENTIAL.”
23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
24 from a Producing Party.
25
26 3. SCOPE
27 The protections conferred by this Stipulation and Order cover not only Protected
1 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
2 Material; and (3) any testimony, conversations, or presentations by Parties or their
3 Counsel that might reveal Protected Material.
4 Any use of Protected Material at trial shall be governed by the orders of the trial
5 judge. This Order does not govern the use of Protected Material at trial.
6
7 4. DURATION
8 Once a case proceeds to trial, all of the court-filed information to be introduced
9 that was previously designated as confidential or maintained pursuant to this protective
10 order becomes public and will be presumptively available to all members of the public,
11 including the press, unless compelling reasons supported by specific factual findings to
12 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.
13 City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing
14 “good cause” showing for sealing documents produced in discovery from “compelling
15 reasons” standard when merits-related documents are part of court record). Accordingly,
16 the terms of this protective order do not extend beyond the commencement of the trial.
17 As for information not filed with the court, even after final disposition of this
18 litigation, the confidentiality obligations imposed by this Order will remain in effect until
19 a Designating Party agrees otherwise in writing or a court order otherwise directs. Final
20 disposition is the later of (1) dismissal of all claims and defenses in this Action, with or
21 without prejudice, or (2) final judgment after the completion and exhaustion of all
22 appeals, re-hearings, remands, trials, or reviews of this Action, including the time limits
23 for filing any motions or applications for extension of time under applicable law.
24
25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 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 Order
1 appropriate standards. The Designating Party must designate for protection only those
2 parts of material, documents, items, or oral or written communications that qualify so that
3 other portions of the material, documents, items, or communications for which protection
4 is not warranted are not swept unjustifiably within the ambit of this Order.
5 Mass, indiscriminate, or routinized designations are prohibited. Designations that
6 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
7 to unnecessarily encumber the case development process or to impose unnecessary
8 expenses and burdens on other parties) may expose the Designating Party to sanctions.
9 If it comes to a Designating Party’s attention that information or items that it
10 designated for protection do not qualify for protection, that Designating Party must
11 promptly notify all other Parties that it is withdrawing the inapplicable designation.
12 5.2 Manner and Timing of Designations. Except as otherwise provided in this
13 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
14 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
15 must be clearly so designated before the material is disclosed or produced.
16 Designation in conformity with this Order requires:
17 (a) for information in documentary form (e.g., paper or electronic
18 documents, but excluding transcripts of depositions or other pretrial or trial proceedings),
19 that the Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter
20 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
21 portion or portions of the material on a page qualifies for protection, the Producing Party
22 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
23 in the margins).
24 A Party or Non-Party that makes original documents available for inspection need
25 not designate them for protection until after the inspecting Party has indicated which
26 documents it would like copied and produced. During the inspection and before the
27 designation, all of the material made available for inspection shall be deemed
1 copied and produced, the Producing Party must determine which documents, or portions
2 thereof, qualify for protection under this Order. Then, before producing the specified
3 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
4 that contains Protected Material. If only a portion or portions of the material on a page
5 qualifies for protection, the Producing Party also must clearly identify the protected
6 portion(s) (e.g., by making appropriate markings in the margins).
7 (b) for testimony given in depositions that the Designating Party identify the
8 Disclosure or Discovery Material on the record, the Designating Party will attempt to
9 identify the protected testimony and/or information relating to the confidential Disclosure
10 or Discovery Material on the record before the close of the deposition and will notify all
11 parties in writing no later than two (2) weeks from receipt of the deposition transcript any
12 additional designated protected testimony and/or information, by page and line numbers,
13 that qualifies for protection under this Order.
14 (c) for information produced in some form other than documentary and for
15 any other tangible items, that the Producing Party affix in a prominent place on the
16 exterior of the container or containers in which the information is stored the legend
17 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
18 the Producing Party, to the extent practicable, shall identify the protected portion(s).
19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
20 to designate qualified information or items does not, standing alone, waive the
21 Designating Party’s right to secure protection under this Order for such material. Upon
22 timely correction of a designation, the Receiving Party must make reasonable efforts to
23 assure that the material is treated in accordance with the provisions of this Order.
24
25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
27 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
2 process under Local Rule 37-1, et seq. Any discovery motion must strictly comply with
3 the procedures set forth in Local Rules 37-1, 37-2, and 37-3.
4 6.3 Burden. The burden of persuasion in any such challenge proceeding shall be
5 on the Designating Party. Frivolous challenges, and those made for an improper purpose
6 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose
7 the Challenging Party to sanctions. Unless the Designating Party has waived or
8 withdrawn the confidentiality designation, all parties shall continue to afford the material
9 in question the level of protection to which it is entitled under the Producing Party’s
10 designation until the Court rules on the challenge.
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12 7. ACCESS TO AND USE OF PROTECTED MATERIAL
13 7.1 Basic Principles. A Receiving Party may use Protected Material that is
14 disclosed or produced by another Party or by a Non-Party in connection with this Action
15 only for prosecuting, defending, or attempting to settle this Action. Such Protected
16 Material may be disclosed only to the categories of persons and under the conditions
17 described in this Order. When the Action has been terminated, a Receiving Party must
18 comply with the provisions of section 13 below (FINAL DISPOSITION).
19 Protected Material must be stored and maintained by a Receiving Party at a
20 location and in a secure manner that ensures that access is limited to the persons
21 authorized under this Order.
22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
23 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party
24 may disclose any information or item designated “CONFIDENTIAL” only to:
25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
26 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
27 disclose the information for this Action;
1 (b) the officers, directors, and employees (including House Counsel) of the
2 Receiving Party to whom disclosure is reasonably necessary for this Action;
3 (c) Experts (as defined in this Order) of the Receiving Party to whom
4 disclosure is reasonably necessary for this Action and who have signed the
5 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 (d) the Court and its personnel;
7 (e) court reporters and their staff;
8 (f) professional jury or trial consultants, mock jurors, and Professional
9 Vendors to whom disclosure is reasonably necessary for this Action and who have signed
10 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (g) the author or recipient of a document containing the information or a
12 custodian or other person who otherwise possessed or knew the information;
13 (h) during their depositions, witnesses, and attorneys for witnesses, in the
14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
15 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not
16 be permitted to keep any confidential information unless they sign the “Acknowledgment
17 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
18 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to
19 depositions that reveal Protected Material may be separately bound by the court reporter
20 and may not be disclosed to anyone except as permitted under this Stipulated Protective
21 Order; and
22 (i) any mediator or settlement officer, and their supporting personnel,
23 mutually agreed upon by any of the parties engaged in settlement discussions.
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1 8. 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 that
4 compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” 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 issue
9 in the other litigation that some or all of the material covered by the subpoena or order is
10 subject to this Protective Order. Such notification shall include a copy of this Stipulated
11 Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
13 Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with the
15 subpoena or court order shall not produce any information designated in this action as
16 “CONFIDENTIAL” 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 of
19 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 directive
21 from another court.
22
23 9. 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-Party
26 in this Action and designated as “CONFIDENTIAL.” Such information produced by
27 Non-Parties in connection with this litigation is protected by the remedies and relief
1 provided by this Order. Nothing in these provisions should be construed as prohibiting a
2 Non-Party from seeking additional protections.
3 (b) In the event that a Party is required, by a valid discovery request, to produce a
4 Non-Party’s confidential information in its possession, and the Party is subject to an
5 agreement with the Non-Party not to produce the Non-Party’s confidential information,
6 then the Party shall:
7 (1) promptly notify in writing the Requesting Party and the Non-Party that
8 some or all of the information requested is subject to a confidentiality agreement with a
9 Non-Party;
10 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
11 Order in this Action, the relevant discovery request(s), and a reasonably specific
12 description of the information requested; and
13 (3) make the information requested available for inspection by the Non-
14 Party, if requested.
15 (c) If the Non-Party fails to seek a protective order from this Court within 14 days
16 of receiving the notice and accompanying information, the Receiving Party may produce
17 the Non-Party’s confidential information responsive to the discovery request. If the Non-
18 Party timely seeks a protective order, the Receiving Party shall not produce any
19 information in its possession or control that is subject to the confidentiality agreement
20 with the Non-Party before a determination by the Court. Absent a court order to the
21 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
22 Court of its Protected Material.
23
24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
26 Protected Material to any person or in any circumstance not authorized under this
27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
1 all unauthorized copies of the Protected Material, (c) inform the person or persons to
2 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
3 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
4 that is attached hereto as Exhibit A.
5
6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
7 PROTECTED MATERIAL
8 When a Producing Party gives notice to Receiving Parties that certain inadvertently
9 produced material is subject to a claim of privilege or other protection, the obligations of
10 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
11 This provision is not intended to modify whatever procedure may be established in an e-
12 discovery order that provides for production without prior privilege review. Pursuant to
13 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
14 effect of disclosure of a communication or information covered by the attorney-client
15 privilege or work product protection, the parties may incorporate their agreement in the
16 stipulated protective order submitted to the Court.
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18 12. MISCELLANEOUS
19 12.1 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 12.2 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 ground
25 to use in evidence of any of the material covered by this Protective Order.
26 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
27 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
1 Material at issue; good cause must be shown in the request to file under seal. If a Party’s
2 request to file Protected Material under seal is denied by the Court, then the Receiving
3 Party may file the information in the public record unless otherwise instructed by the
4 Court.
5
6 13. FINAL DISPOSITION
7 After the final disposition of this Action, within 60 days of a written request by the
8 Designating Party, each Receiving Party must return all Protected Material to the
9 Producing Party or destroy such material. As used in this subdivision, “all Protected
10 Material” includes all copies, abstracts, compilations, summaries, and any other format
11 reproducing or capturing any of the Protected Material. Whether the Protected Material
12 is returned or destroyed, the Receiving Party must submit a written certification to the
13 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60
14 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
15 that was returned or destroyed, and (2) affirms that the Receiving Party has not retained
16 any copies, abstracts, compilations, summaries or any other format reproducing or
17 capturing any of the Protected Material. Notwithstanding this provision, counsel are
18 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
19 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
20 expert reports, attorney work product, and consultant and expert work product, even if
21 such materials contain Protected Material. Any such archival copies that contain or
22 constitute Protected Material remain subject to this Protective Order as set forth in
23 Section 4 (DURATION).
24
25 14. VIOLATION OF ORDER
26 Any violation of this Order may be punished by any and all appropriate measures
27 including, without limitation, contempt proceedings and/or monetary sanctions.
1 |} IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 || DATED: February 23 , 2026 LAW OFFICES OF HARVEY STERN AND
3 ASSOCIATES
4
5 By: _ Waswsey-Stane
Harvey Stérn, Esq.
6 Attorneys for Plaintiff
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8 || DATED: February 26, 2026 HINES HAMPTON PELANDA LLP
? By: /s/ Christine Emanuelson
10 Marc S. Hines, Esq.
11 Christine Emanuelson, Esq.
Xia J. Hwang, Esq.
12 Attorneys for Defendants
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6 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18 ARK ee
19 DATED: March 16, 2026
Honorable Anna Y. Park
20 United States Magistrate Judge
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1 ATTORNEY ATTESTATION
2 I, Christine Emanuelson, pursuant to Local Rule 5-4.3.4(a)(2)(), hereby attest
3 all signatories listed hereto, and on whose behalf the filing is submitted, concur in
4 ||this document's content and have authorized the filing of this document with the use of
5 electronic signature.
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7 || Dated: March 6, 2026 —__A/ Christine Emanuelson
Christine Emanuelson
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1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3
I, _____________________________ [full name], of _________________ [full
4
address], declare under penalty of perjury that I have read in its entirety and understand
5
the Stipulated Protective Order that was issued by the United States District Court for the
6
Central District of California on ____________ [date] in the case of AFMK Inc. dba
7
Moda Gentleman v. Nationwide Mutual Insurance Company, Case No. 2:25-cv-02449-
8
DMG-ADS. I agree to comply with and to be bound by all the terms of this Stipulated
9
Protective Order and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly promise
11
that I will not disclose in any manner any information or item that is subject to this
12
Stipulated Protective Order to any person or entity except in strict compliance with the
13
provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for
15
the Central District of California for the purpose of enforcing the terms of this Stipulated
16
Protective Order, even if such enforcement proceedings occur after termination of this
17
action. I hereby appoint __________________________ [full name] of
18
_______________________________________ [full address and telephone number]
19
as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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Date: ______________________________________
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City and State where signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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