distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 related documents are part of court record
Written by the judges who cited it.
The opinion
1 Sameer Hussain (SBN 340386)
CARLTON FIELDS, LLP
2 2029 Century Park East, Suite 1200
Los Angeles, CA 90067-2913
3 Telephone: (310) 843-6300
4 Facsimile: (310) 843-6301
shussain@carltonfields.com
5
Attorneys for Defendant QUEST DIAGNOSTICS, INC.
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
J.S.L., a minor, by and through his Case No.: 2:23-cv-01615 FLA (KSx)
11
guardian ad litem, CHRISTINA
12 SHERRILLS, Assigned to the Honorable Fernando L.
Aenlle-Rocha, Courtroom 6B
13 Plaintiff,
STIPULATED PROTECTIVE ORDER
14 vs.
DISCOVERY MATTER
15
United States of America, Quest
16 Diagnostics, Inc., Professional
Communications Network, Inc., Does 1 Complaint filed: March 3, 2023
17 through 10, Trial Date: December 10, 2024
18 Defendants.
19 United States of America,
20 Cross-Claimant,
21
vs.
22
Quest Diagnostics, Inc. and Professional
23 Communications Network, Inc.,
24
Cross-Defendants.
25
26
27
28
1 I. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential, proprietary,
3 or private information for which special protection from public disclosure and from use
4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the
5 parties hereby stipulate to and petition the Court to enter the following Stipulated
6 Protective Order. The parties acknowledge that this Order does not confer blanket
7 protections on all disclosures or responses to discovery and that the protection it affords
8 from public disclosure and use extends only to the limited information or items that are
9 entitled to confidential treatment under the applicable legal principles. The parties
10 further acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective
11 Order does not entitle them to file confidential information under seal; Civil Local Rule
12 79-5 sets forth the procedures that must be followed and the standards that will be applied
13 when a party seeks permission from the Court to file material under seal.
14 II. GOOD CAUSE STATEMENT
15 At this time discovery is anticipated to include production of documents and
16 information that may be of a confidential and/or proprietary nature for which special
17 protection from public disclosure and from use for any purpose other than prosecution of
18 this action is warranted. Such confidential and proprietary materials and information may
19 consist of, among other things, confidential Protected Health Information pursuant to 45
20 CFR Parts 160-164 and California Civil Code section 56, et seq., proprietary and
21 confidential business policies, standard operating procedures, commercial information,
22 personnel information, quality assurance/control information, and information otherwise
23 generally unavailable to the public, or which may be privileged or otherwise protected
24 from disclosure under state or federal statutes, court rules, case decisions, or common
25 law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution
26 of disputes over confidentiality of discovery materials, to adequately protect information
27 the parties are entitled to keep confidential, to ensure that the parties are permitted
28 reasonable necessary uses of such material in preparation for and in the conduct of trial,
1 to address their handling at the end of the litigation, and serve the ends of justice, a
2 protective order for such information is justified in this matter. It is the intent of the
3 parties that information will not be designated as confidential for tactical reasons and that
4 nothing be so designated without a good faith belief that it has been maintained in a
5 confidential, non-public manner, and there is good cause why it should not be part of the
6 public record of this case.
7 III. DEFINITIONS
8 A. Action: J.S.L., a minor, by and through his guardian ad litem, Christina
9 Sherrills v. United States of America, et al., USDC Central District Case No. 23-cv-
10 01615.
11 B. Challenging Party: A Party or Non-Party that challenges the designation of
12 information or items under this Order.
13 C. “CONFIDENTIAL” Information or Items: Information (regardless of how
14 it is generated, stored or maintained) or tangible things that qualify for protection under
15 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
16 Statement.
17 D. Counsel: Outside Counsel of Record and House Counsel (as well as their
18 support staff).
19 E. Designating Party: A Party or Non-Party that designates information or
20 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
21 F. Disclosure or Discovery Material: All items or information, regardless of
22 the medium or manner in which it is generated, stored, or maintained (including, among
23 other things, testimony, transcripts, and tangible things), that are produced or generated in
24 disclosures or responses to discovery in this matter.
25 G. Expert: A person with specialized knowledge or experience in a matter
26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
27 expert witness or as a consultant in this Action.
28
1 H. 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 counsel.
3 I. Non-Party: Any natural person, partnership, corporation, association, or
4 other legal entity not named as a Party to this action.
5 J. Outside Counsel of Record: Attorneys who are not employees of a party to
6 this Action but are retained to represent or advise a party to this Action and have
7 appeared in this Action on behalf of that party or are affiliated with a law firm which has
8 appeared on behalf of that party, and includes support staff.
9 K. Party: Any party to this Action, including all of its officers, directors,
10 employees, consultants, retained experts, and Outside Counsel of Record (and their
11 support staffs).
12 L. Producing Party: A Party or Non-Party that produces Disclosure or
13 Discovery Material in this Action.
14 M. Professional Vendors: Persons or entities that provide litigation support
15 services (e.g., photocopying, videotaping, translating, preparing exhibits or
16 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
17 their employees and subcontractors.
18 N. Protected Material: Any Disclosure or Discovery Material that is
19 designated as “CONFIDENTIAL.”
20 O. Receiving Party: A Party that receives Disclosure or Discovery Material
21 from a Producing Party.
22 IV. SCOPE
23 The protections conferred by this Stipulation and Order cover not only Protected
24 Material (as defined above), but also (1) any information copied or extracted from
25 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
26 Material; and (3) any testimony, conversations, or presentations by Parties or their
27 Counsel that might reveal Protected Material.
28
1 Any use of Protected Material at trial shall be governed by the orders of the trial
2 judge. This Order does not govern the use of Protected Material at trial.
3 V. DURATION
4 Once a case proceeds to trial, all of the information that was designated as
5 confidential or maintained pursuant to this protective order becomes public and will
6 be presumptively available to all members of the public, including the press, unless
7 compelling reasons supported by specific factual findings to proceed otherwise are made
8 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,
9 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing
10 documents produced in discovery from “compelling reasons” standard when merits-
11 related documents are part of court record). Accordingly, the terms of this protective
12 order do not extend beyond the commencement of the trial.
13 VI. DESIGNATING PROTECTED MATERIAL
14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
15 Party or Non-Party that designates information or items for protection under this Order
16 must take care to limit any such designation to specific material that qualifies under the
17 appropriate standards. The Designating Party must designate for protection only those
18 parts of material, documents, items, or oral or written communications that qualify so that
19 other portions of the material, documents, items, or communications for which protection
20 is not warranted are not swept unjustifiably within the ambit of this Order.
21 Mass, indiscriminate, or routinized designations are prohibited. Designations that
22 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
23 to unnecessarily encumber the case development process or to impose unnecessary
24 expenses and burdens on other parties) may expose the Designating Party to sanctions.
25 If it comes to a Designating Party’s attention that information or items that it
26 designated for protection do not qualify for protection, that Designating Party must
27 promptly notify all other Parties that it is withdrawing the inapplicable designation.
28
1 5.2 Manner and Timing of Designations. Except as otherwise provided in this
2 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
3 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
4 must be clearly so designated before the material is disclosed or produced.
5 Designation in conformity with this Order requires the following:
6 a. For information in documentary form (e.g., paper or electronic documents,
7 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
8 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
9 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
10 portion or portions of the material on a page qualifies for protection, the Producing Party
11 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
12 in the margins).
13 A Party or Non-Party that makes original documents available for
14 inspection need not designate them for protection until after the inspecting Party has
15 indicated which documents it would like copied and produced. During the inspection and
16 before the designation, all of the material made available for inspection shall be deemed
17 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
18 copied and produced, the Producing Party must determine which documents, or portions
19 thereof, qualify for protection under this Order. Then, before producing the specified
20 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
21 that contains Protected Material. If only a portion or portions of the material on a page
22 qualifies for protection, the Producing Party also must clearly identify the protected
23 portion(s) (e.g., by making appropriate markings in the margins).
24 b. For testimony given in depositions, that the Designating Party identify the
25 Disclosure or Discovery Material on the record, before the close of the deposition all
26 protected testimony.
27 c. For information produced in form other than document and for any other
28 tangible items, that the Producing Party affix in a prominent place on the exterior of the
1 container or containers in which the information is stored the legend
2 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
3 the Producing Party, to the extent practicable, shall identify the protected portion(s).
4 5.3 Inadvertent Failure to Designate. If timely corrected, an inadvertent failure
5 to designate qualified information or items does not, standing alone, waive the
6 Designating Party’s right to secure protection under this Order for such material. Upon
7 timely correction of a designation, the Receiving Party must make reasonable efforts to
8 assure that the material is treated in accordance with the provisions of this Order.
9 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 6.1 Timing of Challenges. Any party or Non-Party may challenge a designation
11 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
13 process under Local Rule 37.1 et seq.
14 6.3 The burden of persuasion in any such challenge proceeding shall be on the
15 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
16 to harass or impose unnecessary expenses and burdens on other parties) may expose the
17 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
18 the confidentiality designation, all parties shall continue to afford the material in question
19 the level of protection to which it is entitled under the Producing Party’s designation until
20 the Court rules on the challenge.
21 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
22 7.1 Basic Principles. A Receiving Party may use Protected Material that is
23 disclosed or produced by another Party or by a Non-Party in connection with this Action
24 only for prosecuting, defending, or attempting to settle this Action. Such Protected
25 Material may be disclosed only to the categories of persons and under the conditions
26 described in this Order. When the Action has been terminated, a Receiving Party must
27 comply with the provisions of Section XIV below.
28
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 otherwise
5 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party
6 may disclose any information or item designated “CONFIDENTIAL” only to:
7 a. The Receiving Party’s Outside Counsel of Record in this Action, as well as
8 employees of said Outside Counsel of Record to whom it is reasonably necessary to
9 disclose the information for this Action;
10 b. The officers, directors, and employees (including House Counsel) of the
11 Receiving Party to whom disclosure is reasonably necessary for this Action;
12 c. Experts (as defined in this Order) of the Receiving Party to whom
13 disclosure is reasonably necessary for this Action and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 d. The Court and its personnel;
16 e. Court reporters and their staff;
17 f. Professional jury or trial consultants, mock jurors, and Professional
18 Vendors to whom disclosure is reasonably necessary for this Action and who have signed
19 the “Acknowledgment and Agreement to be Bound” attached as Exhibit A hereto;
20 g. The author or recipient of a document containing the information or a
21 custodian or other person who otherwise possessed or knew the information;
22 h. During their depositions, witnesses, and attorneys for witnesses, in the
23 Action to whom disclosure is reasonably necessary provided: (i) the deposing party
24 requests that the witness sign the “Acknowledgment and Agreement to Be Bound;” and
25 (ii) they will not be permitted to keep any confidential information unless they sign the
26 “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the
27 Designating Party or ordered by the Court. Pages of transcribed deposition testimony or
28 exhibits to depositions that reveal Protected Material may be separately bound by the
1 court reporter and may not be disclosed to anyone except as permitted under this
2 Stipulated Protective Order; and
3 i. Any mediator or settlement officer, and their supporting personnel,
4 mutually agreed upon by any of the parties engaged in settlement discussions.
5 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
6 IN OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation that
8 compels disclosure of any information or items designated in this Action as
9 “CONFIDENTIAL,” that Party must:
10 a. Promptly notify in writing the Designating Party. Such notification shall
11 include a copy of the subpoena or court order;
12 b. Promptly notify in writing the party who caused the subpoena or order to
13 issue in the other litigation that some or all of the material covered by the subpoena or
14 order is subject to this Protective Order. Such notification shall include a copy of this
15 Stipulated Protective Order; and
16 c. Cooperate with respect to all reasonable procedures sought to be pursued
17 by the Designating Party whose Protected Material may be affected.
18 If the Designating Party timely seeks a protective order, the Party served with the
19 subpoena or court order shall not produce any information designated in this action as
20 “CONFIDENTIAL” before a determination by the Court from which the subpoena or
21 order issued, unless the Party has obtained the Designating Party’s permission. The
22 Designating Party shall bear the burden and expense of seeking protection in that court of
23 its confidential material and nothing in these provisions should be construed as
24 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
25 from another court.
26 / / /
27 / / /
28
1 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 A. The terms of this Order are applicable to information produced by a Non-
4 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
5 by Non-Parties in connection with this litigation is protected by the remedies and relief
6 provided by this Order. Nothing in these provisions should be construed as prohibiting a
7 Non-Party from seeking additional protections.
8 B. In the event that a Party is required, by a valid discovery request, to
9 produce a Non-Party’s confidential information in its possession, and the Party is subject
10 to an agreement with the Non-Party not to produce the Non-Party’s confidential
11 information, then the Party shall:
12 1. Promptly notify in writing the Requesting Party and the Non-Party that
13 some or all of the information requested is subject to a confidentiality agreement with a
14 Non-Party;
15 2. Promptly provide the Non-Party with a copy of the Stipulated Protective
16 Order in this Action, the relevant discovery request(s), and a reasonably specific
17 description of the information requested; and
18 3. Make the information requested available for inspection by the Non-Party,
19 if requested.
20 C. If the Non-Party fails to seek a protective order from this court within 14
21 days of receiving the notice and accompanying information, the Receiving Party may
22 produce the Non-Party’s confidential information responsive to the discovery request. If
23 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
24 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
26 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
27 Court of its Protected Material.
28
1 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has
3 disclosed Protected Material to any person or in any circumstance not authorized
4 under this Stipulated Protective Order, the Receiving Party must immediately (1)
5 notify in writing the Designating Party of the unauthorized disclosures, (2) use its
6 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform
7 the person or persons to whom unauthorized disclosures were made of all the terms
8 of this Order, and (4) request such person or persons to execute the
9 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit
10 A.
11 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
12 PROTECTED MATERIAL
13 When a Producing Party gives notice to Receiving Parties that certain
14 inadvertently produced material is subject to a claim of privilege or other protection, the
15 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
16 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
17 established in an e-discovery order that provides for production without prior privilege
18 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
19 an agreement on the effect of disclosure of a communication or information covered by
20 the attorney-client privilege or work product protection, the parties may incorporate their
21 agreement in the Stipulated Protective Order submitted to the Court.
22 XIII. MISCELLANEOUS
23 12.1. Right to Further Relief. Nothing in this Order abridges the right of any
24 person to seek its modification by the Court in the future.
25 12.2. Right to Assert Other Objections. By stipulating to the entry of this
26 Protective Order, no Party waives any right it otherwise would have to object to
27 disclosing or producing any information or item on any ground not addressed in this
28
1 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground
2 to use in evidence of any of the material covered by this Protective Order.
3 12.3. Filing Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
5 only be filed under seal pursuant to a court order authorizing the sealing of the specific
6 Protected Material at issue. If a Party's request to file Protected Material under seal is
7 denied by the Court, then the Receiving Party may file the information in the public
8 record unless otherwise instructed by the Court.
9 XIV. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in Section V, within sixty (60)
11 days of a written request by the Designating Party, each Receiving Party must return all
12 Protected Material to the Producing Party or destroy such material. As used in this
13 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
14 summaries, and any other format reproducing or capturing any of the Protected Material.
15 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
16 a written certification to the Producing Party (and, if not the same person or entity, to the
17 Designating Party) by the 60 day deadline that (1) identifies (by category, where
18 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
19 the Receiving Party has not retained any copies, abstracts, compilations, summaries or
20 any other format reproducing or capturing any of the Protected Material.
21 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
24 consultant and expert work product, even if such materials contain Protected Material.
25 Any such archival copies that contain or constitute Protected Material remain subject to
26 this Protective Order as set forth in Section V.
27 Any violation of this Order may be punished by any and all appropriate measures
28 including, without limitation, contempt proceedings and/or monetary sanctions.
1 This Order shall be binding upon the parties hereto, upon their attorneys, and upon
2 || the parties’ and their attorneys’ successors, executors, personal representatives,
3 administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees,
4 || agents, independent contractors, or other persons or organizations over which they have
5 || control.
6 || IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD.
7 || Dated: March 8, 2024 LAW OFFICES OF MICHELS & LEW
8 By:___/s/Jin N. Lew
Jin N. Lew
9 Attorneys for Plaintiff, J.S.L., a minor, by and
through his guardian ad litem Christina
10
Shermills
11
Dated: March 8, 2024 AUSA — OFFICE OF U.S. ATTORNEY
12
13 By:___/s/Jennifer R. Jacobs
14 Jennifer R. Jacobs
Attorneys for Defendant United States of
America
15
16 || Dated: March 11, 2024 CARLTON FIELDS, LLP
17 By:___/s/Sameer Hussain
18 Sameer Hussain
Attorneys for Defendant Quest Diagnostics, Inc.
19
Dated: March 8, 2024 COLLINS AND COLLINS LLP
20
21 By:___/s/Brian K. Stewart
Brian K. Stewart
22 Attorneys for Defendant Professional
3 Communications Network, Inc.
24 || FOR GOOD CAUSE SHOW, IT IS SO ORDERED.
25
26 ||Dated: March 11, 2024 7 aun Bosensrr_
Horforable Karen L. Stevenson
27 United States Magistrate Judge
28
13
STIPULATED PROTECTIVE ORDER
EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3 I, [print or type full name], of
4 [print or type full address], declare under
5 penalty of perjury that I have read in its entirety and understand the Stipulated Protective
6 Order that was issue by the United States District Court for the Central District of
7 California in the case of J.S.L., a minor, by and through his guardian ad litem, Christina
8 Sherrills v. United States of America, et al., U.S. District Court Central District Case No.
9 2:23-cv-01615 FLA (KSx). I agree to comply with and to be bound by all the terms of
10 this Stipulated Protective Order and I understand and acknowledge that failure to so
11 comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for
16 the Central District of California for the purpose of enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after termination of this
18 action. I hereby appoint [print or type full name] of
19 [print or type full address and telephone number] as
20 my California agent for service of process in connection with this action or any
21 proceedings related to enforcement of this Stipulated Protective Order.
22
Date:
23
City and State where sworn and signed:
24
25 Printed Name:
26 Signature:
27
28
PROOF OF SERVICE
1 F.R.C.P. 5 / C.C.P. §§ 1010.6. and 1013/ Cal. R. Ct. R. 2.251
2
I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18
3 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park
East, Suite 1200, Los Angeles, CA 90067-2913. On March 11, 2024, I served the following
4 listed document(s), by method indicated below, on the parties in this action:
5
STIPULATED PROTECTIVE ORDER
6
SEE ATTACHED SERVICE LIST
7
BY U.S. MAIL BY ELECTRONIC SERVICE (CM/ECF) by
8
By placing the original / a true copy thereof enclosed in a uploading the document listed above to the Court’s
9 sealed envelope(s), with postage fully prepaid, addressed as per Electronic Filing Service Provider by using the
the attached service list, for collection and mailing at 2029 CM/ECF system. I certify that the parties or their
10 Century Park East, Suite 1200, Los Angeles, CA 90067-2913 , counsel of record registered as ECF Filers will be
following ordinary business practices. I am readily familiar served by the CM/ECF system.
11 with Carlton Fields, LLP’s practice for collection and
processing of documents for mailing. Under that practice, the
12 document is deposited with the United States Postal Service on
the same day as it is collected and processed for mailing in the
13 ordinary course of business.
14 BY OVERNIGHT DELIVERY BY EMAIL
15 By delivering the document(s) listed above in a sealed By electronically transmitting the document(s) listed
envelope(s) or package(s) designated by the express service above to the email address(es) of the person(s) set
16 carrier, with delivery fees paid or provided for, addressed as per forth on the attached service list. To my knowledge,
the attached service list, to a facility regularly maintained by the the transmission was reported as complete and
17 express service carrier or to an authorized courier or driver without error. Service by email was made
authorized by the express service carrier to receive documents. pursuant to agreement of the parties, confirmed in
18 Note: Federal Court requirement: service by overnight delivery writing, or as an additional method of service as a
was made pursuant to agreement of the parties, confirmed in courtesy to the parties or pursuant to Court Order.
19 writing, or as an additional method of service as a courtesy See Cal. R. Ct. R. 2.260.
to the parties or pursuant to Court Order.
20
21
I declare under penalty of perjury under the laws of the State of California and the United States
22 of America that the above is true and correct. Executed on March 11, 2024 at Los Angeles, California.
23 Teri Adams
Type or Print Name Signature
24
25
26
27
28
1 SERVICE LIST
2
3
Philip Michels, Esq. Attorneys for Plaintiff
4 Jin N. Lew, Esq.
Steven B. Stevens, Esq.
5 LAW OFFICES OF MICHELS & LEW
11755 Wilshire Blvd., Suite 1300
6 Los Angeles, CA 90025-1540
Tel: (310) 444-1200
7
pmichels@michels-lew.com
8 jlew@michels-lew.com
sstevens@michels-lew.com
9
10 Brian K. Stewart, Esq. Attorneys for Professional
Collins and Collins LLP Communications Network Inc.
11
790 East Colorago Blvd., Suite 600
12 Pasadena, CA 91101
Tel: (626) 243-1100
13 bstewart@ccllp.law
14 Daniel R. Overstreet, Esq.
Collins and Collins LLP
15
750 The City Drive, Suite 400
16 Orange, CA 92868
Tel: (714) 823-4100
17 doverstreet@ccllp.law
18 Erin Choi, Esq. Attorneys for United States of America
Jennifer R. Jacobs, Esq.
19
AUSA – Office of U.S. Attorney
20 300 North Los Angeles, Suite 7516
Los Angeles, CA 90012
21 Tel: (213) 894-7354/(213) 894-6167
Erin.choi@usdoj.gov
22 Jennifer.jacobs3@usdoj.gov
23
24
25
26
27
28