The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 B.M., by and through his Guardian ad CASE NO.: 8:25-cv-02805-DOC-JDE
Litem, RACHEL MILLER, an individual,
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Plaintiff, STIPULATION AND PROPOSED
13 PROTECTIVE ORDER
v.
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COUNTY OF ORANGE, a municipal
15 corporation; BORIS EDGAR GARCIA,
individually and in his official capacity as
16 an officer for the Orange County Sheriff’s
Department; and DOES 1-25, inclusive,
17 individually and in their official capacity as
deputies for the Orange County Sherrif s
18 Department,
19 Defendants.
20
21
22 Based on the parties’ Stipulation (Dkt. 19), the Court finds and orders as follows.
23 Counsel for Plaintiff is reminded to file an application under Fed. R. Civ. P. 17(c) for
24 any party as to whom appointment of a guardian ad litem is sought.
25 1. PURPOSES AND LIMITATIONS
26 A. Discovery in this Action may involve production of confidential or private
27 information for which special protection from public disclosure and from use for any
1 Accordingly, the Parties hereby stipulate to and petition the Court to enter the following
2 Stipulated Protective Order. The Parties acknowledge that this Stipulation and Order
3 does not confer blanket protections on all disclosures or responses to discovery and that
4 the protection it affords from public disclosure and use extends only to the limited
5 information or items that are entitled to confidential treatment under the applicable legal
6 principles.
7 2. GOOD CAUSE STATEMENT
8 In light of the nature of the claims and allegations in this Action and the Parties’
9 representations that discovery in this Action may involve the production of confidential
10 records including records defendants’ contention that certain records may be subject to
11 production that are considered confidential and subject to protection under the official
12 information privilege, the Privacy Act of 1974, 5 U.S.C. § 552; Health Insurance
13 Portability and Accountability Act of 1996 (HIPPA), among other authorities, and to
14 expedite the flow of information, to facilitate the prompt resolution of disputes over
15 confidentiality of discovery materials, to adequately protect information the Parties are
16 entitled to keep confidential, to ensure that the Parties are permitted reasonably
17 necessary uses of such material in connection with this Action, to address their handling
18 of such material at the end of the Action, and to serve the ends of justice, a protective
19 order for such information is justified in this matter.
20 The Parties agree to refrain from directly or indirectly disclosing or publicly
21 disseminating Confidential documents or information obtained through the course of
22 discovery or otherwise, specifically including, but not limited to, dissemination via
23 billboard advertisements, print and online media organizations, or any other internet
24 posting or social media. If any Party intends to use such Confidential materials for any
25 purpose other than litigating this Action, the Party seeking public disclosure must first
26 seek approval from the Court. The Parties shall not designate any information or
27 documents as Confidential without a good faith belief that such information or
1 good cause or a compelling reason why it should not be part of the public record in this
2 Action.
3 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
4 The Parties further acknowledge, as set forth in Section 14.3, below, that this
5 Stipulation and Order does not entitle them to file confidential information under seal;
6 Local Civil Rule 79-5 sets forth the procedures that must be followed and the standards
7 that will be applied when a party seeks permission from the court to file material under
8 seal. There is a strong presumption that the public has a right of access to judicial
9 proceedings and records in civil cases. In connection with non-dispositive motions,
10 good cause must be shown to support a filing under seal. See Kamakana v. City and
11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
13 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
14 cause showing), and a specific showing of good cause or compelling reasons with
15 proper evidentiary support and legal justification, must be made with respect to
16 Protected Material that a party seeks to file under seal. The Parties’ mere designation of
17 Disclosure or Discovery Material as CONFIDENTIAL does not— without the
18 submission of competent evidence by declaration, establishing that the material sought
19 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
20 constitute good cause.
21 Further, if a Party requests sealing related to a dispositive motion or trial, then
22 compelling reasons, not only good cause, for the sealing must be shown, and the relief
23 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
24 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
25 of information, document, or thing sought to be filed or introduced under seal, the Party
26 seeking protection must articulate compelling reasons, supported by specific facts and
27 legal justification, for the requested sealing order. Again, competent evidence
1 Any document that is not confidential, privileged, or otherwise protectable in its
2 entirety will not be filed under seal if the confidential portions can be redacted. If
3 documents can be redacted, then a redacted version for public viewing, omitting only
4 the confidential, privileged, or otherwise protectable portions of the document, shall
5 be filed. Any application that seeks to file documents under seal in their entirety
6 should include an explanation of why redaction is not feasible.
7 4. DEFINITIONS
8 4.1. Action: This pending federal lawsuit, B.M., by and through his Guardian
9 ad Litem, RACHEL MILLER, an individual v. County of Orange et al., Case No. 8:25-
10 cv-02805-DOC-JDE.
11 4.2. Challenging Party: A Party or Non-Party that challenges the designation
12 of information or items under this Stipulation and Order.
13 4.3. “CONFIDENTIAL” Information or Items: Information (regardless of how
14 it is generated, stored or maintained) or tangible things that qualify for protection under
15 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
16 Statement.
17 4.4. Counsel: Outside Counsel of Record and House Counsel (as well as their
18 support staff).
19 4.5. Designating Party: A Party or Non-Party that designates information or
20 items that it produces in disclosures or in responses to discovery as
21 “CONFIDENTIAL.”
22 4.6. Disclosure or Discovery Material: All items or information, regardless of
23 the medium or manner in which it is generated, stored, or maintained (including, among
24 other things, testimony, transcripts, and tangible things), that are produced or generated
25 in disclosures or responses to discovery.
26 4.7. Expert: A person with specialized knowledge or experience in a matter
27 pertinent to the Action who has been retained by a Party or its counsel to serve as an
1 4.8. House Counsel: Attorneys who are employees of a Party to this Action.
2 House Counsel does not include Outside Counsel of Record or any other outside
3 counsel.
4 4.9 Non-Party: Any natural person, partnership, corporation, association, or
5 other legal entity not named as a Party to this Action.
6 4.10. Outside Counsel of Record: Attorneys who are not employees of a Party
7 to this Action but are retained to represent or advise a Party to this Action and have
8 appeared in this Action on behalf of that Party or are affiliated with a law firm which
9 has appeared on behalf of that Party, and includes support staff.
10 4.11. Party: Any party to this Action, including all of its officers, directors,
11 employees, consultants, agents, representatives, retained experts, and Outside Counsel
12 of Record (and their support staffs).
13 4.12. Producing Party: A Party or Non-Party that produces Disclosures or
14 Discovery Material in this Action.
15 4.13. Professional Vendors: Persons or entities that provide litigation support
16 services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
18 their employees and subcontractors.
19 4.14. Protected Material: Any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL.”
21 4.15. Receiving Party: A Party that receives Protected Material from a
22 Producing Party.
23 5. SCOPE
24 The protections conferred by this Stipulation and Order cover not only Protected
25 Material (as defined above), but also (1) any information copied or extracted from
26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 Material; and (3) any testimony, conversations, or presentations by Parties or their
1 Any use of Protected Material at trial shall be governed by the orders of the trial
2 judge and other applicable authorities. This Stipulation and Order does not govern the
3 use of Protected Material at trial.
4 6. DURATION
5 Should this Action proceed to trial, Protected Material introduced as evidence at
6 trial becomes public and will be presumptively available to all members of the public,
7 including the press, unless compelling reasons supported by specific factual findings to
8 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana,
9 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents
10 produced in discovery from “compelling reasons” standard when merits-related
11 documents are part of court record). Accordingly, the terms of this Stipulation and Order
12 do not extend beyond the commencement of the trial with respect to Protected Material
13 introduced as evidence at trial.
14 Except for Protected Material offered in evidence as described in the preceding
15 paragraph, even after final disposition of this Action, the confidentiality obligations
16 imposed by this Stipulation and Order shall remain in effect until a Designating Party
17 agrees otherwise in writing, the Confidential item or information has been de-
18 designated, or a court order otherwise directs. Final disposition shall be deemed to be
19 the later of (1) dismissal of all claims and defenses in this Action, with or without
20 prejudice; and (2) final judgment herein after the completion and exhaustion of all
21 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
22 for filing any motions or applications for extension of time pursuant to applicable law.
23 7. DESIGNATING PROTECTED MATERIAL
24 7.1. Exercise of Restraint and Care in Designating Material for Protection
25 Each Party or Non-Party that designates information or items for protection under
26 this Stipulation and Order must take care to limit any such designation to specific
27 material that qualifies under the appropriate standards. The Designating Party must
1 communications that qualify so that other portions of the material, documents, items, or
2 communications for which protection is not warranted are not swept unjustifiably
3 within the ambit of this Stipulation and Order. Mass, indiscriminate, or routinized
4 designations are prohibited. Designations that are shown to be clearly unjustified or that
5 have been made for an improper purpose (e.g., to unnecessarily encumber the case
6 development process or to impose unnecessary expenses and burdens on other Parties)
7 may expose the Designating Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it
9 designated for protection do not qualify for protection, that Designating Party must
10 promptly notify all other Parties that it is withdrawing the inapplicable designation.
11 7.2. Manner and Timing of Designations
12 Except as otherwise provided in this Stipulation and Order, or as otherwise
13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
14 under this Stipulation and Order must be clearly so designated before the material is
15 disclosed or produced.
16 Designation in conformity with this Stipulation and Order requires the following:
17 a. For information in documentary form (e.g., paper or electronic documents,
18 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
19 Producing Party affix at a minimum “CONFIDENTIAL” to each page that contains
20 Protected Material. If only a portion or portions of the material on a page qualifies for
21 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,
22 by making appropriate markings in the margins).
23 A Party or Non-Party that makes original documents available for inspection
24 need not designate them for protection until after the inspecting Party has indicated
25 which documents it would like copied and produced. During the inspection and before
26 the designation, all of the material made available for inspection shall be deemed
27 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
1 thereof, qualify for protection under this Stipulation and Order. Then, before producing
2 the specified documents, the Producing Party must affix “CONFIDENTIAL” to each
3 page that contains Protected Material. If only a portion or portions of the material on a
4 page qualifies for protection, the Producing Party also must clearly identify the
5 protected portion(s) (e.g., by making appropriate markings in the margins).
6 b. For video or audio recordings, the Producing Party shall identify such
7 recording as “CONFIDENTIAL” in the title/label of the electronic version of such
8 recording.
9 c. For testimony given, photographs, video, or audio footage taken, and
10 exhibits and other documents used during depositions, the Designating Party shall
11 identify the Protected Material on the record before the close of the deposition.
12 Arrangements shall be made with the court reporter transcribing the deposition and the
13 videographer taping the deposition to separately package such portions of the transcript
14 or video containing information designated as Confidential, and to label such portions
15 appropriately.
16 d. For information produced in form other than documents and for any other
17 tangible items, that the Producing Party affix in a prominent place on the exterior of the
18 container or containers in which the information is stored “CONFIDENTIAL.” If only
19 a portion or portions of the information warrants protection, the Producing Party, to the
20 extent practicable, shall identify the protected portion(s).
21 The “CONFIDENTIAL” stamp shall be affixed to documents and other tangible
22 items in a manner that does not obscure the information contained thereon.
23 7.3. Inadvertent Failures to Designate
24 If timely corrected, an inadvertent failure to designate qualified information or
25 items does not, standing alone, waive the Designating Party’s right to secure protection
26 under this Stipulation and Order for such material. Upon timely correction of a
27 designation, the Receiving Party must make reasonable efforts to assure that the
1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1. Timing of Challenges
3 Any Party or Non-Party may challenge a designation of confidentiality at any
4 time that is consistent with the Court’s Scheduling Order.
5 8.2. Meet and Confer
6 The Challenging Party shall initiate the dispute resolution process under Local
7 Rule 37.1 et seq.
8 8.3. Joint Stipulation
9 Any challenge submitted to the Court shall be via a joint stipulation pursuant to
10 Local Rule 37-2.
11 8.4 The burden of persuasion in any such challenge proceeding shall be on the
12 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
13 to harass or impose unnecessary expenses and burdens on other Parties) may expose the
14 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
15 the confidentiality designation, all Parties shall continue to afford the material in
16 question the level of protection to which it is entitled under the Designating Party’s
17 designation until the Court rules on the challenge.
18 9. ACCESS TO AND USE OF PROTECTED MATERIAL
19 9.1. Basic Principles
20 A Receiving Party may use Protected Material that is disclosed or produced by
21 another Party or by a Non-Party in connection with this Action only for prosecuting,
22 defending, or attempting to settle this Action. Such Protected Material may be disclosed
23 only to the categories of persons and under the conditions described in this Stipulation
24 and Order. When the Action has been terminated, a Receiving Party must comply with
25 the provisions of Section 15 below (FINAL DISPOSITION).
26 Protected Material must be stored and maintained by a Receiving Party at a
27 location and in a secure manner that ensures that access is limited to the persons
1 9.2. Disclosure of “CONFIDENTIAL” Information or Items
2 Unless otherwise ordered by the Court or permitted in writing by the Designating
3 Party, a Receiving Party may disclose any information or item designated
4 “CONFIDENTIAL” only to:
5 a. The Receiving Party’s Outside Counsel of Record in this Action, as well
6 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
7 disclose the information for this Action;
8 b. The officers, directors, board members, council members, insurers
9 (including third party administrators), employees, agents, and representatives
10 (including House Counsel) of the Receiving Party to whom disclosure is reasonably
11 necessary for this Action;
12 c. Experts (as defined in this Stipulation and Order) of the Receiving Party
13 to whom disclosure is reasonably necessary for this Action and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 d. The Court and its personnel;
16 e. Court reporters and their staff;
17 f. Professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who have
19 signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A
20 hereto;
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: (i) that if the witness is a
25 Non-Party, the deposing party requests that the witness and their attorney sign the
26 “Acknowledgment and Agreement to Be Bound;” and (ii) they will not be permitted to
27 keep any confidential information unless they sign the “Acknowledgment and
1 by the Court. Pages of transcribed deposition testimony; video or audio footage of
2 deposition testimony; or exhibits to depositions that reveal Protected Material must be
3 separately packaged by the court reporter and/or the videographer and may not be
4 disclosed to anyone except as permitted under this Stipulation and Order; and
5 i. Any mediator or settlement officer, and their supporting personnel,
6 mutually agreed upon by any of the Parties engaged in settlement discussions.
7 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
8 IN OTHER LITIGATION
9 If a Receiving Party is served with a subpoena or a court order issued in other
10 litigation that compels disclosure of any information or items designated in this Action
11 as “CONFIDENTIAL,” that Receiving Party must:
12 a. Promptly notify in writing the Designating Party. Such notification shall
13 include a copy of the subpoena or court order unless prohibited by law;
14 b. Promptly notify in writing the person who caused the subpoena or order to
15 issue in the other litigation that some or all of the material covered by the subpoena or
16 order is subject to this Stipulation and Order. Such notification shall include a copy of
17 this Stipulation and Order; and
18 c. Cooperate with respect to all reasonable procedures sought to be pursued
19 by the Designating Party whose Protected Material may be affected.
20 If the Designating Party timely seeks a protective order, the Receiving Party
21 served with the subpoena or court order shall not produce any information designated
22 in this action as “CONFIDENTIAL” before a determination by the court from which
23 the subpoena or order issued, unless the Receiving Party has obtained the Designating
24 Party’s permission. The Designating Party shall bear the burden and expense of seeking
25 protection in that court of its Confidential material and nothing in these provisions
26 should be construed as authorizing or encouraging a Receiving Party in this Action to
27 disobey a lawful directive from another court.
1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 a. The terms of this Stipulation and Order are applicable to information
4 produced by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
5 information produced by Non-Parties in connection with this Action is protected by the
6 remedies and relief provided by this Stipulation and Order. Nothing in these provisions
7 should be construed as prohibiting a Non-Party from seeking additional protections.
8 b. In the event that a Party is required, by a valid discovery request, to
9 produce a Non-Party’s confidential information in its possession, and the Party is
10 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
11 information, then the Party shall:
12 1. Promptly notify in writing the requesting Party and the Non-Party that
13 some or all of the information requested is subject to a confidentiality agreement with
14 a Non-Party;
15 2. Promptly provide the Non-Party with a copy of the Stipulation and Order
16 in this Action, the relevant discovery request(s), and a reasonably specific description
17 of the information requested; and
18 3. Make the information requested available for inspection by the Non-Party,
19 if requested.
20 c. If the Non-Party fails to seek a protective order from this Court within 14
21 days of receiving the notice and accompanying information, the Receiving Party may
22 produce the Non-Party’s confidential information responsive to the discovery request.
23 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
24 any information in its possession or control that is subject to the confidentiality
25 agreement with the Non-Party before a determination by the Court. Absent a Court
26 order to the contrary, the Non-Party shall bear the burden and expense of seeking
27 protection in this Court of its confidential material.
1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulation and Order, the Receiving Party must immediately (1) notify in writing the
5 Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve all
6 unauthorized copies of the Protected Material, (3) inform the person or persons to whom
7 unauthorized disclosures were made of all the terms of this Stipulation and Order, and
8 (4) request such person or persons to execute the “Acknowledgment and Agreement to
9 be Bound” that is attached hereto as Exhibit A.
10 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11 PROTECTED MATERIAL
12 When a Producing Party gives notice to a Receiving Party that certain
13 inadvertently produced material is subject to a claim of privilege or other protection,
14 the obligations of the Receiving Party are those set forth in Federal Rule of Civil
15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
16 may be established in an e-discovery order that provides for production without prior
17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
18 Parties reach an agreement on the effect of disclosure of a communication or
19 information covered by the attorney-client privilege or work product protection, the
20 Parties may incorporate their agreement in Stipulation and Order submitted to the Court.
21 14. MISCELLANEOUS
22 14.1. Right to Further Relief
23 Nothing in this Stipulation and Order abridges the right of any person to seek its
24 modification by the Court in the future.
25 14.2. Right to Assert Other Objections
26 By entering into this Stipulation, no Party waives any right it otherwise would
27 have to object to disclosing or producing any information or item on any ground not
1 on any ground to use in evidence of any of the material covered by this Stipulation and
2 Order.
3 14.3. Filing Protected Material
4 A Party that seeks to file under seal any Protected Material must comply with
5 Civil Local Rule 79-5 and with any pertinent orders of District Judge David O. Carter
6 and/or Magistrate Judge John D. Early. Protected Material may only be filed under seal
7 pursuant to a court order authorizing the sealing of the specific Protected Material at
8 issue. If a Party's request to file Protected Material under seal is denied by the Court,
9 then the Receiving Party may file the information in the public record unless otherwise
10 instructed by the Court.
11 15. FINAL DISPOSITION
12 After the final disposition of this Action, as defined in Section 6, within sixty
13 (60) days of a written request by the Designating Party, each Receiving Party must
14 return all Protected Material to the Producing Party or destroy such material. As used
15 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16 summaries, and any other format reproducing or capturing any of the Protected
17 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
18 must submit a written certification to the Producing Party (and, if not the same person
19 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
20 category, where appropriate) all the Protected Material that was returned or destroyed
21 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
22 compilations, summaries or any other format reproducing or capturing any of the
23 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
24 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
25 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
26 work product, and consultant and expert work product, even if such materials contain
27 Protected Material. Any such archival copies that contain or constitute Protected
1 || 16. VIOLATION
2 Any violation of this Order may be punished by any and all appropriate measures
3 || including, without limitation, contempt proceedings and/or monetary sanctions.
4
5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
6 je de
7 || Dated: May 8, 2026 Lie a6
D. EARLY
8 nited States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 [print or type full address],
5 declare under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for the
7 Central District of California in the case of B.M., by and through his Guardian ad Litem,
8 RACHEL MILLER, an individual v. County of Orange et al., Case No. 8:25-cv-02805-
9 DOC-JDE. I agree to comply with and to be bound by all the terms of this Stipulated
10 Protective Order and I understand and acknowledge that failure to so comply could
11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
12 that I will not disclose in any manner any information or item that is subject to this
13 Stipulated Protective Order to any person or entity except in strict compliance with the
14 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 the purpose of enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after termination of this
18 action. I hereby appoint [print or type full name] of
19 [print or type full
20 address and telephone number] as my California agent for service of process in
21 connection with this action or any proceedings related to enforcement of this Stipulated
22 Protective Order.
23 Date:
24 City and State where sworn and signed:
25 Printed Name:
26 Signature:
27