Carly Roddy v. State Farm General Insurance Company

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 CARLY RODDY and SIMON Case No. 2:23-cv-09248 SVW(JCx)

RODDY, individuals, [LASC Case No.: 23SMCV04700]

12 Complaint Filed: October 5, 2023

Plaintiff,

13 STIPULATED PROTECTIVE ORDER

v.

14 US District Judge: Stephen V. Wilson

STATE FARM GENERAL Magistrate Judge Jacqueline Chooljian

15 INSURANCE COMPANY, an Illinois

corporation and DOES 1 to 25, [CHANGES MADE BY COURT TO

16 inclusive, PARAGRAPHS 5, 10(c), 11(c)]

17 Defendants.

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Having reviewed the Stipulation and Proposed Protective Order agreed upon

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between Plaintiffs Carly and Simon Roddy (“Plaintiffs”) and Defendant State Farm

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General Insurance Company (“State Farm”) (collectively referred to herein as

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“Parties”) and good cause appearing, the Court hereby accepts and GRANTS the

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Stipulation and Proposed Protective Order as agreed upon between the Parties and as

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set forth below:

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1. PURPOSES AND LIMITATIONS

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

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proprietary or private information for which special protection from public disclosure

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and from use for any purpose other than pursuing this litigation may be warranted.

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

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

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

4 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

6 legal principles.

7 2. GOOD CAUSE STATEMENT

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

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

10 information for which special protection from public disclosure and from use for any

11 purpose other than prosecution of this action is warranted. Such confidential and

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

13 business or financial information, information regarding confidential business

14 practices, or other confidential research, development, or commercial information

15 (including information implicating privacy rights of third parties), information

16 otherwise generally unavailable to the public, or which may be privileged or otherwise

17 protected from disclosure under state or federal statutes, court rules, case decisions, or

18 common law. Accordingly, to expedite the flow of information, to facilitate the prompt

19 resolution of disputes over confidentiality of discovery materials, to adequately protect

20 information the parties are entitled to keep confidential, to ensure that the parties are

21 permitted reasonable necessary uses of such material in preparation for and in the

22 conduct of trial, to address their handling at the end of the litigation, and serve the ends

23 of justice, a protective order for such information is justified in this matter. It is the

24 intent of the parties that information will not be designated as confidential for tactical

25 reasons and that nothing be so designated without a good faith belief that it has been

26 maintained in a confidential, non-public manner, and there is good cause why it should

27 not be part of the public record of this case.

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1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

2 The parties further acknowledge, as set forth in Section 14.3, below, that this

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

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

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

6 material under seal. There is a strong presumption that the public has a right of access

7 to judicial proceedings and records in civil cases. In connection with non-dispositive

8 motions, good cause must be shown to support a filing under seal. See Kamakana v.

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

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

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

12 require good cause showing), and a specific showing of good cause or compelling

13 reasons with proper evidentiary support and legal justification, must be made with

14 respect to Protected Material that a party seeks to file under seal. The parties’ mere

15 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

16 without the submission of competent evidence by declaration, establishing that the

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

18 protectable—constitute good cause.

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

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

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

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

23 or type of information, document, or thing sought to be filed or introduced under seal,

24 the party seeking protection must articulate compelling reasons, supported by specific

25 facts and legal justification, for the requested sealing order. Again, competent evidence

26 supporting the application to file documents under seal must be provided by

27 declaration.

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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 should

6 include an explanation of why redaction is not feasible.

7 4. DEFINITIONS

8 4.1 Action: This pending federal lawsuit.

9 4.2 Challenging Party: a Party or Non-Party that challenges the

10 designation of information or items under this Order.

11 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

14 Statement.

15 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

16 support staff).

17 4.5 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 4.6 Disclosure or Discovery Material: all items or information, regardless of

21 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.

24 4.7 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.

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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 a party to this Action and have appeared in

8 this Action on behalf of that party or are affiliated with a law firm that has appeared

9 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, retained experts, and Outside Counsel of Record (and their

12 support staffs).

13 4.12 Producing Party: a Party or Non-Party that produces Disclosure 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 Disclosure or Discovery

22 Material from a 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

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1 Counsel that might reveal Protected Material other than during a court hearing or at

2 trial.

3 Any use of Protected Material during a court hearing or at trial shall be governed

4 by the orders of the presiding judge. This Order does not govern the use of Protected

5 Material during a court hearing or at trial.

6 6. DURATION

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

8 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

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

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

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

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

13 for sealing documents produced in discovery from “compelling reasons” standard

14 when merits-related documents are part of court record). Accordingly, the terms of

15 this protective order do not extend beyond the commencement of the trial.

16 7. DESIGNATING PROTECTED MATERIAL

17 7.1 Exercise of Restraint and Care in Designating Material for

18 Protection. Each Party or Non-Party that designates information or items

19 for protection under this Order must take care to limit any such designation to specific

20 material that qualifies under the appropriate standards. The Designating Party must

21 designate for protection only those parts of material, documents, items or oral or

22 written communications that qualify so that other portions of the material, documents,

23 items or communications for which protection is not warranted are not swept

24 unjustifiably within the ambit of this Order.

25 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

2 to sanctions.

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

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

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

6 7.2 Manner and Timing of Designations. Except as otherwise provided in this

7 Order, (see e.g., second paragraph of 7.2(a) below) or as otherwise stipulated or

8 ordered, Disclosure of Discovery Material that qualifies for protection under this Order

9 must be clearly so designated before the material is disclosed or produced.

10 Designation in conformity with this Order requires:

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

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

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

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

15 contains protected material. If only a portion of the material on a page qualifies for

16 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

17 by making appropriate markings in the margins).

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

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

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

21 the designation, all of the material made available for inspection shall be deemed

22 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

23 copied and produced, the Producing Party must determine which documents, or

24 portions thereof, qualify for protection under this Order. Then, before producing the

25 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

26 to each page that contains Protected Material. If only a portion of the material on a

27 page qualifies for protection, the Producing Party also must clearly identify the

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

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

2 identifies the Disclosure or Discovery Material on the record, before the close of the

3 deposition all protected testimony.

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

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

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

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

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

9 portion(s).

10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

12 Designating Party’s right to secure protection under this Order for such material. Upon

13 timely correction of a designation, the Receiving Party must make reasonable efforts

14 to assure that the material is treated in accordance with the provisions of this Order.

15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

16 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

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

18 Order.

19 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

20 resolution process under Local Rule 37-1 et seq.

21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

22 stipulation pursuant to Local Rule 37-2.

23 8.4 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

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

3 9. ACCESS TO AND USE OF PROTECTED MATERIAL

4 9.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

9 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).

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

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

12 authorized under this Order.

13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

15 Receiving Party may disclose any information or item designated

16 “CONFIDENTIAL” only to:

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

18 well as employees of said Outside Counsel of Record to whom it is reasonably

19 necessary to disclose the information for this Action;

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

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

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

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

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

25 (d) the court and its personnel;

26 (e) court reporters and their staff;

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

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

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

4 (g) the author or recipient of a document containing the information or a

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

6 (h) during their depositions, witnesses, and attorneys for witnesses, in the

7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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

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

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

11 by the Designating Party or ordered by the court. Pages of transcribed deposition

12 testimony or exhibits to depositions that reveal Protected Material may be separately

13 bound by the court reporter and may not be disclosed to anyone except as permitted

14 under this Stipulated Protective Order; and

15 (i) any mediators or settlement officers and their supporting personnel,

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

17 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

18 PRODUCED IN OTHER LITIGATION

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

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

21 “CONFIDENTIAL,” that Party must:

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

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

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

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

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

27 this Stipulated Protective Order; and

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

2 pursued by the Designating Party whose Protected Material may be affected. If the

3 Designating Party timely seeks a protective order, the Party served with the subpoena

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

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

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

7 unless otherwise required by the law or court order. The Designating Party shall bear

8 the burden and expense of seeking protection in that court of its confidential material

9 and nothing in these provisions should be construed as authorizing or encouraging a

10 Receiving Party in this Action to disobey a lawful directive from another court.

11 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

12 BE PRODUCED IN THIS LITIGATION

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

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

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

16 and relief provided by this Order. Nothing in these provisions should be construed as

17 prohibiting a Non-Party from seeking additional protections.

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

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

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

21 confidential information, then the Party shall:

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

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

24 with a Non-Party;

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

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

27 specific description of the information requested; and

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1 (3) make the information requested available for inspection by the Non-

2 Party, if requested.

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

4 14 days of receiving the notice and accompanying information, the Receiving Party

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

6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not

7 produce any information in its possession or control that is subject to the

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

9 unless otherwise required by the law or court order. Absent a court order to the

10 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

11 court of its Protected Material.

12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

19 and (d) request such person or persons to execute the “Acknowledgment an Agreement

20 to Be Bound” attached hereto as Exhibit A.

21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

22 OTHERWISE PROTECTED MATERIAL

23 When a Producing Party gives notice to Receiving Parties that certain inadvertently

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

25 of the Receiving Parties are those set forth in Federal Rule of Civil\ Procedure

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

27 established in an e-discovery order that provides for production without prior privilege

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

1 reach an agreement on the effect of disclosure of a communication or information

2 covered by the attorney-client privilege or work product protection, the parties may

3 incorporate their agreement in the stipulated protective order submitted to the court.

4 14. MISCELLANEOUS

5 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

7 14.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

12 14.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

15 Protected Material. If a Party’s request to file Protected Material under seal is denied

16 by the court, then the Receiving Party may file the information in the public record

17 unless otherwise instructed by the court.

18 15. FINAL DISPOSITION

19 A. After the final disposition of this Action, as defined in paragraph 6, within

20 60 days of a written request by the Designating Party, each Receiving Party must return

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

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

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

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

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

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

27 category, where appropriate) all the Protected Material that was returned or destroyed

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

1 compilations, summaries or any other format reproducing or capturing any of the

2 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

3 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

4 legal memoranda, correspondence, deposition and trial exhibits, expert reports,

5 attorney work product, and consultant and expert work product, even if such materials

6 contain Protected Material. Any such archival copies that contain or constitute

7 Protected Material remain subject to this Protective Order as set forth in Section 6

8 (DURATION).

9 B. Nothing in this Order disallows State Farm from:

10 a. complying with any state or federal law or regulation, including

11 reporting of information to a regulatory or government entity as permitted and/or

12 required by applicable state and federal law;

13 b. adding information discovered that is relevant to a claim to the relevant

14 electronic record in its electronic claim system;

15 c. disclosing evidence of a crime or fraud; retaining information

16 necessary to meet mandated retention requirements; or,

17 d. retaining copies of Protected Material that may exist on back-up media

18 or other computer or archive storage not regularly accessed by business users in the

19 ordinary course provided that should a copy of the Confidential Information be

20 accessed it will not be used for a purpose inconsistent with this Order.

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1 16. VIOLATION

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

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

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5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED.

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7 DATED: February 23, 2024

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_____________/s/____________________

10 Honorable Jacqueline Choolian

UNITED 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] declare under penalty of

5 perjury that I have read in its entirety, understand and am fully familiar with the terms

6 of the Stipulated Protective Order issued on February 23, 2024 in Carly Roddy et al.

7 v. State Farm General Insurance Company et al., United States District Court, Central

8 District of California, Case No. 2:23-cv-09248 SVW(JCx), and agree to comply with

9 and be bound by the terms and conditions of said Order unless and until modified by

10 further Order of this Court.

11 I understand that Confidential Information, as defined in the Stipulated

12 Protective Order, including any notes or other records that may be made regarding any

13 such materials, shall not be disclosed to anyone except as expressly permitted by this

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

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

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

17 to this Order to any person or entity except in strict compliance with the provisions of

18 this Order. I will not copy or use, except solely for the purposes of this Proceeding, any

19 Confidential Information obtained pursuant to this Stipulated Protective Order, except

20 as provided therein or otherwise ordered by the Court in the proceeding.

21 I further understand that I am to retain all copies of all Confidential Information

22 and/or Trade Secret Information provided to me in the proceeding in a secure manner,

23 and that all copies of such Confidential Information and/or Trade Secret Information

24 are to remain in my personal custody until termination of my participation in this

25 proceeding, whereupon the copies of such Confidential Information and/or Trade

26 Secret Information will be returned to counsel who provided me with such Confidential

27 Information and/or Trade Secret Information.

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1 I further consent to the jurisdiction of this Court for purposes of enforcing this

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

3 hereby appoint [print or type full name] of

4 [print or type full address and telephone number] as

5 my California agent for service of process in connection with this action or any

6 proceedings related to enforcement of this Order.

7 Executed this day of _________, 20__, at ,

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9 Dated: By:

10 Signature:

11 Title:

12 Address:

13 City, State, Zip

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