Airplane Pockets LLC v. Daniels

Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 1 of 16 Page ID #:176

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AIRPLANE POCKETS LLC

Case No. 2:22-cv-00062-MCS-PD

10 Plaintiff,

11 v. STIPULATED PROTECTIVE

ORDER1

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JACK DANIELS, et al.

13 Defendants.

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JACK DANIELS, et al.,

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Third Party Plaintiffs,

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v.

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JAY GROSSMAN, et al.

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Third Party Defendants.

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______________________________

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22 1. A. PURPOSES AND LIMITATIONS

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

24 proprietary, or private information for which special protection from public

25 disclosure and from use for any purpose other than prosecuting this litigation may be

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1 This Stipulated Protective Order is substantially based on the model protective

28 order provided under Magistrate Judge Patricia Donahue’s Procedures.

Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 2 of 16 Page ID #:177

1 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

2 the following Stipulated Protective Order. The parties acknowledge that this Order

3 does not confer blanket protections on all disclosures or responses to discovery and

4 that the protection it affords from public disclosure and use extends only to the

5 limited information or items that are entitled to confidential treatment under the

6 applicable legal principles.

7 B. GOOD CAUSE STATEMENT

8 This action is likely to involve trade secrets, customer and pricing lists and

9 other valuable research, development, commercial, financial, technical and/or

10 proprietary information for which special protection from public disclosure and from

11 use for any purpose other than prosecution of this action is warranted. Such

12 confidential and proprietary materials and information consist of, among other

13 things, confidential business or financial information, information regarding

14 confidential business practices, or other confidential research, development, or

15 commercial information (including information implicating privacy rights of third

16 parties), information otherwise generally unavailable to the public, or which may be

17 privileged or otherwise protected from disclosure under state or federal statutes,

18 court rules, case decisions, or common law. Accordingly, to expedite the flow of

19 information, to facilitate the prompt resolution of disputes over confidentiality of

20 discovery materials, to adequately protect information the parties are entitled to keep

21 confidential, to ensure that the parties are permitted reasonable necessary uses of

22 such material in preparation for and in the conduct of trial, to address their handling

23 at the end of the litigation, and serve the ends of justice, a protective order for such

24 information is justified in this matter. It is the intent of the parties that information

25 will not be designated as confidential for tactical reasons and that nothing be so

26 designated without a good faith belief that it has been maintained in a confidential,

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

28 record of this case.

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 3 of 16 Page ID #:178

1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

3 Stipulated Protective Order does not entitle them to file confidential information

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

5 the standards that will be applied when a party seeks permission from the court to

6 file material under seal.

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

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

9 good cause must be shown to support a filing under seal. See Kamakana v. City and

10 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

11 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

12 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

13 good cause showing), and a specific showing of good cause or compelling reasons

14 with proper evidentiary support and legal justification, must be made with respect to

15 Protected Material that a party seeks to file under seal. The parties’ mere designation

16 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

17 submission of competent evidence by declaration, establishing that the material

18 sought to be filed under seal qualifies as confidential, privileged, or otherwise

19 protectable—constitute good cause.

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

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

22 relief sought shall be narrowly tailored to serve the specific interest to be protected.

23 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each

24 item or type of information, document, or thing sought to be filed or introduced under

25 seal in connection with a dispositive motion or trial, the party seeking protection

26 must articulate compelling reasons, supported by specific facts and legal

27 justification, for the requested sealing order. Again, competent evidence supporting

28 the application to file documents under seal must be provided by declaration.

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 4 of 16 Page ID #:179

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

2 its 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 2. DEFINITIONS

8 2.1 Action: this pending federal law suit.

9 2.2 Challenging Party: a Party or Non-Party that challenges

10 the designation of information or items under this Order.

11 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

12 how it is generated, stored or maintained) or tangible things that qualify for

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

14 Good Cause Statement.

15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

16 their support staff).

17 2.5 Designating Party: a Party or Non-Party that designates information or

18 items that it produces in disclosures or in responses to discovery as

19 “CONFIDENTIAL.”

20 2.6 Disclosure or Discovery Material: all items or information, regardless

21 of the medium or manner in which it is generated, stored, or maintained (including,

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

23 generated in disclosures or responses to discovery in this matter.

24 2.7 Expert: a person with specialized knowledge or experience in a matter

25 pertinent to the litigation who has been retained by a Party or its counsel to serve as

26 an expert witness or as a consultant in this Action.

27 2.8 House Counsel: attorneys who are employees of a party to this Action.

28 House Counsel does not include Outside Counsel of Record or any other outside

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 5 of 16 Page ID #:180

1 counsel.

2 2.9 Non-Party: any natural person, partnership, corporation, association, or

3 other legal entity not named as a Party to this action.

4 2.10 Outside Counsel of Record: attorneys who are not employees of a party

5 to this Action but are retained to represent or advise a party to this Action and have

6 appeared in this Action on behalf of that party or are affiliated with a law firm which

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

8 any other provisions of this Order, the phrase Outside Counsel of Record, the phrase

9 “affiliated with a law firm” and/or the phrase “support staff” includes, without

10 limitation, any outside counsel providing services to the attorneys and/or law firms

11 appearing on behalf of the Parties in this Action.

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

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

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

20 and their employees and subcontractors.

21 2.14 Protected Material: any Disclosure or Discovery Material that is

22 designated as “CONFIDENTIAL.”

23 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

24 from a Producing Party.

25 … … …

26 … … …

27 … … …

28 … … …

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 6 of 16 Page ID #:181

1 3. SCOPE

2 The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or

4 extracted from Protected Material; (2) all copies, excerpts, summaries, or

5 compilations of Protected Material; and (3) any testimony, conversations, or

6 presentations by Parties or their Counsel that might reveal Protected Material.

7 Any use of Protected Material at trial shall be governed by the orders of the

8 trial judge. This Order does not govern the use of Protected Material at trial.

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10 4. DURATION

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FINAL DISPOSITION of the action is defined as the conclusion of any

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appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

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has run. Except as set forth below, the terms of this protective order apply through

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FINAL DISPOSITION of the action. The parties may stipulate that they will be

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contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

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but will have to file a separate action for enforcement of the agreement once all

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proceedings in this case are complete.

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

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CONFIDENTIAL or maintained pursuant to this protective order used or introduced

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as an exhibit at trial becomes public and will be presumptively available to all

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members of the public, including the press, unless compelling reasons supported by

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specific factual findings to proceed otherwise are made to the trial judge in advance

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of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

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showing for sealing documents produced in discovery from “compelling reasons”

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standard when merits-related documents are part of court record). Accordingly, for

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such materials, the terms of this protective order do not extend beyond the

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commencement of the trial.

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 7 of 16 Page ID #:182

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2 5. DESIGNATING PROTECTED MATERIAL

3 5.1 Exercise of Restraint and Care in Designating Material for Protection.

4 Each Party or Non-Party that designates information or items for protection under

5 this Order must take care to limit any such designation to specific material that

6 qualifies under the appropriate standards. The Designating Party must designate for

7 protection only those parts of material, documents, items, or oral or written

8 communications that qualify so that other portions of the material, documents, items,

9 or communications for which protection is not warranted are not swept unjustifiably

10 within the ambit of this Order.

11 Mass, indiscriminate, or routinized designations are prohibited. Designations

12 that are shown to be clearly unjustified or that have been made for an improper

13 purpose (e.g., to unnecessarily encumber the case development process or to impose

14 unnecessary expenses and burdens on other parties) may expose the Designating

15 Party to sanctions.

16 If it comes to a Designating Party’s attention that information or items that it

17 designated for protection do not qualify for protection, that Designating Party must

18 promptly notify all other Parties that it is withdrawing the inapplicable designation.

19 5.2 Manner and Timing of Designations. Except as otherwise provided in

20 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

21 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

22 under this Order must be clearly so designated before the material is disclosed or

23 produced.

24 Designation in conformity with this Order requires:

25 (a) for information in documentary form (e.g., paper or electronic

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

27 proceedings), that the Producing Party affix at a minimum, the legend

28 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 8 of 16 Page ID #:183

1 contains protected material. If only a portion or portions of the material on a page

2 qualifies for protection, the Producing Party also must clearly identify the protected

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

4 A Party or Non-Party that makes original documents available for inspection

5 need not designate them for protection until after the inspecting Party has indicated

6 which documents it would like copied and produced. During the inspection and

7 before the designation, all of the material made available for inspection shall be

8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

9 documents it wants copied and produced, the Producing Party must determine which

10 documents, or portions thereof, qualify for protection under this Order. Then, before

11 producing the specified documents, the Producing Party must affix the

12 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

13 portion or portions of the material on a page qualifies for protection, the Producing

14 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

15 markings in the margins).

16 (b) for testimony given in depositions that the Designating Party identify

17 the Disclosure or Discovery Material on the record, before the close of the deposition

18 all protected testimony.

19 (c) for information produced in some form other than documentary and for

20 any other tangible items, that the Producing Party affix in a prominent place on the

21 exterior of the container or containers in which the information is stored the legend

22 “CONFIDENTIAL.” If only a portion or portions of the information warrants

23 protection, the Producing Party, to the extent practicable, shall identify the protected

24 portion(s).

25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

26 failure to designate qualified information or items does not, standing alone, waive

27 the Designating Party’s right to secure protection under this Order for such material.

28 Upon timely correction of a designation, the Receiving Party must make reasonable

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 9 of 16 Page ID #:184

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

2 Order.

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4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

6 designation of confidentiality at any time that is consistent with the Court’s

7 Scheduling Order.

8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

9 resolution process under Local Rule 37.1 et seq.

10 6.3 The burden of persuasion in any such challenge proceeding shall be on

11 the Designating Party. Frivolous challenges, and those made for an improper purpose

12 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

13 expose the Challenging Party to sanctions. Unless the Designating Party has waived

14 or withdrawn the confidentiality designation, all parties shall continue to afford the

15 material in question the level of protection to which it is entitled under the Producing

16 Party’s designation until the Court rules on the challenge.

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18 7. ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1 Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this

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

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Protected Material may be disclosed only to the categories of persons and under the

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conditions described in this Order. When the Action has been terminated, a

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Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 10 of 16 Page ID #:185

1 Protected Material must be stored and maintained by a Receiving Party at a

2 location and in a secure manner that ensures that access is limited to the persons

3 authorized under this Order.

4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

5 otherwise ordered by the court or permitted in writing by the Designating Party, a

6 Receiving Party may disclose any information or item designated

7 “CONFIDENTIAL” only to:

8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

9 as employees of said Outside Counsel of Record to whom it is reasonably necessary

10 to disclose the information for this Action;

11 (b) the officers, directors, and employees (including House Counsel) of the

12 Receiving Party to whom disclosure is reasonably necessary for this Action;

13 (c) Experts (as defined in this Order) of the Receiving Party to whom

14 disclosure is reasonably necessary for this Action and who have signed the

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

16 (d) the court and its personnel;

17 (e) court reporters and their staff;

18 (f) professional jury or trial consultants, mock jurors, and Professional

19 Vendors to whom disclosure is reasonably necessary for this Action and who have

20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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: (1) the deposing party

25 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will

26 not be permitted to keep any confidential information unless they sign the

27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

28 agreed by the Designating Party or ordered by the court. Pages of transcribed

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 11 of 16 Page ID #:186

1 deposition testimony or exhibits to depositions that reveal Protected Material may

2 be separately bound by the court reporter and may not be disclosed to anyone except

3 as permitted under this Stipulated Protective Order; and

4 (i) any mediator or settlement officer, and their supporting personnel,

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

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7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

8 IN OTHER LITIGATION

9 If a Party is served with a subpoena or a court order issued in other litigation

10 that compels disclosure of any information or items designated in this Action as

11 “CONFIDENTIAL,” that Party must:

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(a) promptly notify in writing the Designating Party. Such notification shall

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include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order

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

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or order is subject to this Protective Order. Such notification shall include a copy of

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this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued

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by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served

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with the subpoena or court order shall not produce any information designated in this

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action as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 12 of 16 Page ID #:187

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2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT

3 TO BE PRODUCED IN THIS LITIGATION

4 (a) The terms of this Order are applicable to information produced by a

5 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

6 produced by Non-Parties in connection with this litigation is protected by the

7 remedies and relief provided by this Order. Nothing in these provisions should be

8 construed as prohibiting a Non-Party from seeking additional protections.

9 (b) In the event that a Party is required, by a valid discovery request, to

10 produce a Non-Party’s confidential information in its possession, and the Party is

11 subject to an agreement with the Non-Party not to produce the Non-Party’s

12 confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party

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that some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and

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(3) make the information requested available for inspection by the

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Non-Party, if requested.

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(c) If the Non-Party fails to seek a protective order from this court within

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14 days of receiving the notice and accompanying information, the Receiving Party

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may produce the Non-Party’s confidential information responsive to the discovery

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall

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not produce any information in its possession or control that is subject to the

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confidentiality agreement with the Non-Party before a determination by the court.

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 13 of 16 Page ID #:188

1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

2 of seeking protection in this court of its Protected Material.

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4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

6 Protected Material to any person or in any circumstance not authorized under this

7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

10 persons to whom unauthorized disclosures were made of all the terms of this Order,

11 and (d) request such person or persons to execute the “Acknowledgment and

12 Agreement to Be Bound” that is attached hereto as Exhibit A.

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11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted

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to the court.

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1 12. MISCELLANEOUS

2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

3 person to seek its modification by the Court in the future.

4 12.2 Right to Assert Other Objections. By stipulating to the entry of this

5 Protective Order no Party waives any right it otherwise would have to object to

6 disclosing or producing any information or item on any ground not addressed in this

7 Stipulated Protective Order. Similarly, no Party waives any right to object on any

8 ground to use in evidence of any of the material covered by this Protective Order.

9 12.3 Filing Protected Material. A Party that seeks to file under seal any

10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may

11 only be filed under seal pursuant to a court order authorizing the sealing of the

12 specific Protected Material at issue. If a Party's request to file Protected Material

13 under seal is denied by the court, then the Receiving Party may file the information

14 in the public record unless otherwise instructed by the court.

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16 13. FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party or destroy such material. As used in

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this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected

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Material. Whether the Protected Material is returned or destroyed, the Receiving

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Party must submit a written certification to the Producing Party (and, if not the same

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person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2)affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any

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Case #:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 15o0f16 Page ID #:190

1 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to

2 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

3 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

4 || reports, attorney work product, and consultant and expert work product, even if such

5 || materials contain Protected Material. Any such archival copies that contain or

6 || constitute Protected Material remain subject to this Protective Order as set forth in

7 || Section 4 (DURATION).

8 14. Any violation of this Order may be punished by any and all appropriate

9 || measures including, without limitation, contempt proceedings and/or monetary

10 || sanctions.

11 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

12 || DATED: April 11, 2022

13 || /s/Eric S. Beane

4 ERIC S. BEANE, Attorneys for Plaintiff

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6 DATED: April 11, 2022

17_ || Gregory K. Nelson

GREGORY K. NELSON, Attorneys for Defendants

18 || And Third Party Plaintiffs

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41 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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53 DATED: April 12, 2022

Paluce Marna

* || PatriciaDonahue Ot~=~—CSsSsSTS

26 || United States Magistrate Judge

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Case 2:22-cv-00062-MCS-PD Document 21 Filed 04/12/22 Page 16 of 16 Page ID #:191

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

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I, ________________________ [print or type full name], of

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

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that I have read in its entirety and understand the Stipulated Protective Order that

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was issued by the United States District Court for the Central District of California

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on [date] in the case of Airplane Pockets LLC v. Jack Daniels, et al., Civil Action

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No. 2:22-cv-00062-MCS-PDx. I agree to comply with and to be bound by all the

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terms of this Stipulated Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of

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contempt. I solemnly promise that I will not disclose in any manner any information

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or item that is subject to this Stipulated Protective Order to any person or entity

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except in strict compliance with the provisions of this Order.

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

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the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint ________________________ [print or

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type full name] of _________ [print or type full address and telephone number] as

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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.

21

22 Date: __________________________

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City and State where sworn and signed: _____________________________

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Printed name: ____________________________________

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27 Signature: ________________________________

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