The opinion
1 Carolyn Hunt Cottrell (SBN 166977)
Esther L. Bylsma (SBN 264208)
2 Sandra Acosta Tello (SBN 315616)
Caroline L. Hill (SBN 349176)
3 SCHNEIDER WALLACE
COTTRELL KIM LLP
4 2000 Powell Street, Suite 1400
Emeryville, California 94608
5 Tel: (415) 421-7100; Fax: (415) 421-7105
ccottrell@schneiderwallace.com
6 ebylsma@schneiderwallace.com
sacostatello@schneiderwallace.com
7 chill@schneiderwallace.com
Attorneys for Plaintiff
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9 UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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BENTURA MENDOZA, Case No.: 2:24−CV−03371−DAD−CSK
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Plaintiff,
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PROTECTIVE ORDER
V.
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15 MOVEMENT MORTGAGE, LLC,
16 Defendant.
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18 1. PURPOSES AND LIMITATIONS
19 Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary,
20 or private information for which special protection from public disclosure and from use for any purpose other than
21 prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to
22 enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket
23 protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and
24 use extends only to the limited information or items that are entitled to confidential treatment under the applicable
25 legal principles. "[B]lanket orders are inherently subject to challenge and modification, as the party resisting
26 disclosure generally has not made a particularized showing of good cause with respect to any individual
27 document."(See San Jose Mercury News, Inc. v. U.S. Dist. Court--N. Dist. (San Jose), 187 F.3d 1096, 1103 (9th Cir.
1 According to the requirements of Local Rule 141.1(c), protective orders must contain "(1) A description of
2 the types of information eligible for protection under the order, with the description provided in general terms
3 sufficient to reveal the nature of the information (e.g., customer list, formula for soda, diary of a troubled child."
4 Pursuant to Local Rule 141.1(c), the parties identify the following categories of information, described in general
5 terms, that are eligible for designation as “CONFIDENTIAL” under this Order, together with the particularized need
6 for protection of each such category. Just because certain categories of information are identified below does not
7 mean that the Parties agree to disclose or exchange such information.
8 (a) Documents that refer, reflect, or relate to Plaintiff’s personal private information, including but not
9 limited to compensation, financial information, medical and health information. These documents
10 contain sensitive business information and third-party information. The nature of this employment
11 litigation makes it likely that Protected Material will need to be shared with experts, consultants, and
12 other individuals beyond the parties and their counsel, and a court order is required to impose binding
13 confidentiality obligations on such persons.
14 (b) Documents that refer, reflect, or relate to company and/or confidential or proprietary information,
15 including financial information, as well as documents and information related to Defendant’s other
16 personnel. These documents contain sensitive business information and private third-party information.
17 The nature of this employment litigation makes it likely that Protected Material will need to be shared
18 with experts, consultants, and other individuals beyond the parties and their counsel, and a court order
19 is required to impose binding confidentiality obligations on such persons.
20 Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated
21 Protective Order. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
22 Order does not entitle them to file confidential information under seal; Civil Local Rules 140, 141 and 141.1 set
23 forth the procedures that must be followed and the standards that will be applied when a party seeks permission from
24 the court to file material under seal.
25 The parties further acknowledge that the Court’s Local Rules indicate that once an action is closed, it “will
26 not retain jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see
27 Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 (E.D. Cal. Oct. 29, 2012) (noting that
1 case). Thus, the Court will not retain jurisdiction over this protective order once the case is closed.
2 2. DEFINITIONS
3 2.1. Challenging Party: a Party or Non-Party that challenges the designation of information or items
4 under this Order.
5 2.2. “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored
6 or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c).
7 2.3. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their
8 support staff).
9 2.4. Designating Party: a Party or Non-Party that designates information or items that it produces in
10 disclosures or in responses to discovery as “CONFIDENTIAL.”
11 2.5. Disclosure or Discovery Material: all items or information, regardless of the medium or manner in
12 which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible
13 things), that are produced or generated in disclosures or responses to discovery in this matter.
14 2.6. Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation
15 who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action.
16 2.7. House Counsel: attorneys who are employees of a party to this action. House Counsel does not
17 include Outside Counsel of Record or any other outside counsel.
18 2.8. Non-Party: any natural person, partnership, corporation, association, or other legal entity not
19 named as a Party to this action.
20 2.9. Outside Counsel of Record: attorneys who are not employees of a party to this action but are
21 retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are
22 affiliated with a law firm which has appeared on behalf of that party.
23 2.10. Party: any party to this action, including all of its officers, directors, employees, consultants,
24 retained experts, and Outside Counsel of Record (and their support staffs).
25 2.11. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this
26 action.
27 2.12. Professional Vendors: persons or entities that provide litigation support services (e.g.,
1 data in any form or medium) and their employees and subcontractors.
2 2.13. Protected Material: any Disclosure or Discovery Material that is designated as
3 “CONFIDENTIAL.”
4 2.14. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
5 3. SCOPE
6 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined
7 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts,
8 summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties
9 or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and
10 Order do not cover the following information: (a) any information that is in the public domain at the time of
11 disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
12 result of publication not involving a violation of this Order, including becoming part of the public record through
13 trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the
14 Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of
15 confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate
16 agreement or order.
17 4. DURATION
18 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall
19 remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final
20 disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without
21 prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands,
22 trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time
23 pursuant to applicable law.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party
26 that designates information or items for protection under this Order must take care to limit any such designation to
27 specific material that qualifies under the appropriate standards. The Designating Party must designate for protection
1 portions of the material, documents, items, or communications for which protection is not warranted are not swept
2 unjustifiably within the ambit of this Order.
3 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly
4 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case
5 development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party
6 to sanctions.
7 If it comes to a Designating Party’s attention that information or items that it designated for protection do
8 not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the
9 mistaken designation.
10 5.2. Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second
11 paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
12 qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced.
13 Designation in conformity with this Order requires:
14 (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of
15 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to
16 each page that contains protected material. If only a portion or portions of the material on a page qualifies for
17 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
18 markings in the margins). A Party or Non-Party that makes original documents or materials available for inspection
19 need not designate them for protection until after the inspecting Party has indicated which material it would like
20 copied and produced. During the inspection and before the designation, all of the material made available for
21 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
22 copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for
23 protection under this Order. Then, before producing the specified documents, the Producing Party must affix the
24 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or portions of the
25 material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s)
26 (e.g., by making appropriate markings in the margins).
27 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party
1 (c) for information produced in some form other than documentary and for any other tangible items, that
2 the Producing Party affix in a prominent place on the exterior of the container or containers in which the information
3 or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information or item warrant
4 protection, the Producing Party, to the extent practicable, shall identify the protected portion(s).
5 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified
6 information or items does not, standing alone, waive the Designating Party’s right to secure protection under this
7 Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts
8 to assure that the material is treated in accordance with the provisions of this Order.
9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at
11 any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid
12 foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the
13 litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a
14 challenge promptly after the original designation is disclosed.
15 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing
16 written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity
17 as to whether a challenge has been made, the written notice must recite that the challenge to confidentiality is being
18 made in accordance with this specific paragraph of the Protective Order. The parties shall attempt to resolve each
19 challenge in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of
20 communication are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging
21 Party must explain the basis for its belief that the confidentiality designation was not proper and must give the
22 Designating Party an opportunity to review the designated material, to reconsider the circumstances, and, if no
23 change in designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed
24 to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes
25 that the Designating Party is unwilling to participate in the meet and confer process in a timely manner.
26 6.3. Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the
27 Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rules 140, 141, and 141.1
1 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is
2 earlier. Each such motion must be accompanied by a competent declaration affirming that the movant has complied
3 with the meet and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
4 make such a motion including the required declaration within 21 days (or14 days, if applicable) shall automatically
5 waive the confidentiality designation for each challenged designation. In addition, the Challenging Party may file a
6 motion challenging a confidentiality designation at any time if there is good cause for doing so, including a
7 challenge to the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this
8 provision must be accompanied by a competent declaration affirming that the movant has complied with the meet
9 and confer requirements imposed by the preceding paragraph.
10 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous
11 challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
12 other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the
13 confidentiality designation by failing to file a motion to retain confidentiality as described above, all parties shall
14 continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s
15 designation until the court rules on the challenge.
16 7. ACCESS TO AND USE OF PROTECTED MATERIAL
17 7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by
18 another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle
19 this litigation. Such Protected Material may be disclosed only to the categories of persons and under the conditions
20 described in this Order. When the litigation has been terminated, a Receiving Party must comply with the provisions
21 of section 13 below (FINAL DISPOSITION).
22 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner
23 that ensures that access is limited to the persons authorized under this Order.
24 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or
25 permitted in writing by the Designating Party, a Receiving Party may disclose any information or item
26 designated “CONFIDENTIAL” only to:
27 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said
1 have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
2 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to
3 whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
4 Agreement to Be Bound” (Exhibit A);
5 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
6 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 (d) the court and its personnel;
8 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
9 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary
12 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by
13 the Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions
14 that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to anyone
15 except as permitted under this Stipulated Protective Order.
16 (g) the author or recipient of a document containing the information or a custodian or other person
17 who otherwise possessed or knew the information.
18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
19 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any
20 information or items designated in this action as “CONFIDENTIAL,” that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the
22 subpoena or court order;
23 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other
24 litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such
25 notification shall include a copy of this Stipulated Protective Order; and
26 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
27 Party whose Protected Material may be affected.
1 shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the
2 court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission.
3 The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential
4 material –
5 and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to
6 disobey a lawful directive from another court.
7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION
8 (a) The terms of this Order are applicable to information produced by a Non-Party in this action
9 and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation
10 is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as
11 prohibiting a Non-Party from seeking additional protections.
12 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s
13 confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to
14 produce the Non-Party’s confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
16 the information requested is subject to a confidentiality agreement with a Non-Party;
17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
18 litigation, the relevant discovery request(s), and a reasonably specific description of the
19 information requested; and
20 (3) make the information requested available for inspection by the Non-Party.
21 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of
22 receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential
23 information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving
24 Party shall not produce any information in its possession or control that is subject to the confidentiality agreement
25 with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall
26 bear the burden and expense of seeking protection in this court of its Protected Material.
27 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
1 person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must
2 immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to
3 retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized
4 disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the
5 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL
7 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is
8 subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in
9 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
10 established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal
11 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
12 communication or information covered by the attorney-client privilege or work product protection, the parties may
13 incorporate their agreement in the stipulated protective order submitted to the court.
14 12. MISCELLANEOUS
15 12.1. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
16 modification by the court in the future.
17 12.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party
18 waives any right it otherwise would have to object to disclosing or producing any information or item on any ground
19 not addressed in this Stipulated 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 Protective Order.
21 12.3. Filing Protected Material. Without the written permission of the designating party or a court order
22 a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal
23 any Protected Material must comply with Civil Local Rules 140, 141 and 141.1. Protected Material may only be
24 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a
25 Receiving Party’s request to file Protected Material under seal pursuant to Civil Local Rules 140, 141 and 141.1 is
26 denied by the court, then the Receiving Party may file the information in the public record pursuant to Civil Local
27 Rules 140, 141 and 141.1, unless otherwise instructed by the court.
1 13. FINAL DISPOSITION
2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party
3 must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all
4 Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or
5 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving
6 Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the
7 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected
8 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
9 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material.
10 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,
11 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
12 attorney work product, and consultant and expert work product, even if such materials contain Protected Material.
13 Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set
14 forth in Section 4 (DURATION).
15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
16 ECF CERTIFICATION
17 I, Caroline L. Hill, certify that the content of this document (Stipulated Protective Order) is acceptable to
18 the undersigned counsel of record to affix my electronic signature hereto.
19 /s/ Caroline L. Hill
20 Caroline L. Hill
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22 ECF CERTIFICATION
23 I, Kevin Quan, certify that the content of this document (Stipulated Protective Order) is acceptable to the
24 undersigned counsel of record to affix my electronic signature hereto.
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/s/ Kevin Quan
26 Kevin Quan
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of
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________________________________________________________________________ [print or type full
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address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective
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Order that was issued by the United States District Court for the Eastern District of California on __________ [date]
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in the case of Mendoza v. Movement Mortgage., LLC, United States District Court Eastern District of California
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Case No. 2:24-cv-03371-DAD-CSK. I agree to comply with and to be bound by all the terms of this Stipulated
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Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and
11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or
12 item that is subject to this 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 the Eastern District of
15 California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement
16 proceedings occur after termination of this action.
17 I hereby appoint ___________________________________________________ [print or type full name]
18 of ________________________________________________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in connection with this action or any
20 proceedings related to enforcement of this Stipulated Protective Order.
Date: __________________________________________
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Printed name: ____________________________________
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Signature: _______________________________________
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City and State where sworn and signed: ______________________________________________________
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eee EOI I REE IED! IEEE IE EEE ESE ESE! IE EEE eee eee
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{PROPOSED} ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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° || DATED: August 11. 2026 Cin Spe I
’ United States Magistrate Judge Chi Soo Kim
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PROTECTIVE ORDER - 13