Salvador Correa v. Ford Motor Company

1 Tionna Grace Carvalho (SBN 299010)

Email: tcarvalho@slpattorney.com

2 Tara Mejia (SBN 344049)

Email: tmejia@slpattorney.com

3 (emailservice@slpattorney.com)

STRATEGIC LEGAL PRACTICES

4 A PROFESSIONAL CORPORATION

1888 Century Park East, Floor 19

5 Los Angeles, CA 90067

Telephone: (310) 929-4900

6 Facsimile: (310) 943-3838

Attorneys for Plaintiff,

7 SALVADOR CORREA

8 ELIZABETH V. MCNULTY (SBN 192455)

Email: emcnulty@efsmmlaw.com

9 JOSHUA D. COOLS (SBN 319531)

Email: jcools@efsmmlaw.com

10 SAMANTHA M. GERAGHTY

Email: sgeraghty@efsmmlaw.com

11 EVANS FEARS SCHUTTERT MCNULTY MICKUS

1 PARK PLAZA, SUITE 500

12 IRVINE, CA 92614

Telephone: (949) 301-9464

13 Facsimile: (949) 966-0706

Attorneys for Defendant

14 FORD MOTOR COMPANY

15 UNITED STATES DISTRICT COURT

16 CENTRAL DISTRICT OF CALIFORNIA

17 SALVADOR CORREA,

Case No. 2:23-cv-02389-AB-PD

18

Plaintiff, Judge: Hon. Andre Birotte

19

Magistrate: Patricia A. Donahue

v.

20

FORD MOTOR COMPANY; and

21 DOES 1 through 10, inclusive, STIPULATED PROTECTIVE

ORDER1

22 Defendants.

23

1. A. PURPOSES AND LIMITATIONS

24

Disclosure and discovery in this action is likely to involve production of

25

confidential, proprietary, commercially sensitive, personally identifiable information

26

27

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

1 (“PII”) or private information for which special protection from public disclosure

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

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

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

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

6 the protection it affords from public disclosure and use extends only to the limited

7 information or items that are entitled to confidential treatment under the applicable

8 legal principles.

9 B. GOOD CAUSE STATEMENT

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

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

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

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

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

15 things, confidential business or financial information, information regarding

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

17 commercial information (including information implicating privacy rights of third

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

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

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

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

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

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

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

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

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

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

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

2 record of this case.

3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

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

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

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

8 file material under seal.

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

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

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

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

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

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

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

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

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

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

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

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

21 protectable—constitute good cause.

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

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

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

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

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

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

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

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

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

4 its entirety will not be filed under seal if the confidential portions can be redacted. If

5 documents can be redacted, then a redacted version for public viewing, omitting only

6 the confidential, privileged, or otherwise protectable portions of the document, shall

7 be filed. Any application that seeks to file documents under seal in their entirety

8 should include an explanation of why redaction is not feasible.

9 2. DEFINITIONS

10 2.1 Challenging Party: a Party or Non-Party that challenges

11 the designation of information or items under this Order.

12 2.2 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

15 Good Cause Statement.

16 2.3 Counsel: Outside Counsel of Record and House Counsel (as well as

17 their support staff).

18 2.4 Designating Party: a Party or Non-Party that designates information or

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

20 “CONFIDENTIAL” Or “SUBJECT TO PROTECTIVE ORDER.”

21 2.5 Disclosure or Discovery Material: all items or information, regardless

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

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

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

25 2.6 Expert: a non-attorney person with specialized knowledge or

26 experience in a matter pertinent to the litigation who has been retained by a Party or

27 its counsel to serve as an expert witness or as a consultant in this Action, provided

1 competitor of the Designating Party.

2 2.7 House Counsel: attorneys who are employees of a party to this Action.

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

4 counsel.

5 2.8 Non-Party: any natural person, partnership, corporation, association, or

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

7 2.9 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

11 2.10 Party: any party to this Action, including all of its officers, directors,

12 employees, consultants, retained experts, and Outside Counsel of Record (and their

13 support staffs).

14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or

15 Discovery Material in this Action.

16 2.12 Professional Vendors: persons or entities that provide litigation

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

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

19 and their employees and subcontractors.

20 2.13 Protected Material: any Disclosure or Discovery Material that is

21 designated as “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.”

22 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

23 from a Producing Party.

24 3. SCOPE

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

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

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

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

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

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

4 4. DURATION

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

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

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

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

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

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

11 proceedings in this case are complete.

12

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

13

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

commencement of the trial.

22

5. DESIGNATING PROTECTED MATERIAL

23

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

24

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

25

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

26

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

27

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

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

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

3 within the ambit of this Order.

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

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

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

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

8 Party to sanctions.

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

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

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

12 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

16 produced.

17 Designation in conformity with this Order requires:

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

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

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

21 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” , to each page that

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

23 qualifies for protection,

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

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

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

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

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

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

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

4 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” legend to each

5 page that contains Protected Material.

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

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

8 all protected testimony.

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

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

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

12 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.”

13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

18 Order.

19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

22 Scheduling Order.

23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

24 resolution process under Local Rule 37.1 et seq.

25 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

4 7. ACCESS TO AND USE OF PROTECTED MATERIAL

5 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

11 DISPOSITION).

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

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

14 authorized under this Order.

15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

17 Receiving Party may disclose any information or item designated

18 “CONFIDENTIAL” only to:

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

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

21 to disclose the information for this Action;

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

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

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

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

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

27 (d) the court and its personnel;

1 the court;

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

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

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

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

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

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

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

9 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

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

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

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

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

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

15 as permitted under this Stipulated Protective Order. Nothing in this paragraph shall

16 limit the use of Ford documents in deposition of Ford representatives or employees

17 who have a legitimate need to see the information based on the intended subject

18 matter of the deposition; and

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

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

21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

22 IN OTHER LITIGATION

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

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

25 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER”, that Party must:

26

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

27

include a copy of the subpoena or court order;

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

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

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

4 this Stipulated Protective Order; and

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

6 by the Designating Party whose Protected Material may be affected.

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

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

9 action as “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” before a

10 determination by the court from which the subpoena or order issued, unless the Party

11 has obtained the Designating Party’s permission. The Designating Party shall bear

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

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

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

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

16 TO BE PRODUCED IN THIS LITIGATION

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

18 Non-Party in this Action and designated as “CONFIDENTIAL” or “SUBJECT TO

19 PROTECTIVE ORDER.” Such information produced by Non-Parties in connection

20 with this litigation is protected by the remedies and relief provided by this Order.

21 Nothing in these provisions should be construed as prohibiting a Non-Party from

22 seeking additional protections.

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

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

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

26 confidential information, then the Party shall:

27

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

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

2 with a Non-Party;

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

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

5 specific description of the information requested; and

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

7 Non-Party, if requested.

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

9 14 days of receiving the notice and accompanying information, the Receiving Party

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

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

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

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

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

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

16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

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

25

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

26

PROTECTED MATERIAL

27

When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

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

8 parties may incorporate their agreement in the stipulated protective order submitted

9 to the court.

10 12. MISCELLANEOUS

11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

13 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

18 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

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

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

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

24 13. FINAL DISPOSITION

25

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

26

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

27

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

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

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

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

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

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

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

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

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

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

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

11 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

12 reports, attorney work product, and consultant and expert work product, even if such

13 materials contain Protected Material. Any such archival copies that contain or

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

15 Section 4 (DURATION). With respect to those materials that this provision allows

16 the Receiving Party to retain after final disposition of this action, exhibits to the

17 retained materials must be returned to the Producing Party or destroyed on or before

18 5 years after final disposition (as defined in Section 4: DURATION) of this action.

19 / / /

20

/ / /

21

/ / /

22

/ / /

23

24 / / /

25 / / /

26 / / /

27

/ / /

1 || The parties agree to meet and confer prior to moving to enforce compliance with this

2 || provision.

3

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

5 || Dated: March 26, 2024 STRATEGIC LEGAL PRACTICES, A

6

7 By /s/ Elizabeth A. LaRocque

Elizabeth A. FaRocque

8 Attorneys for Plaintiff

SALVADOR CORREA

9

10 || Dated: March 26, 2024 EVANS FEARS SCHUTTERT MCNULTY

MICKUS

11

12 By: /s/ Samantha M. Geraght

Elizabeth V. McNulty

13 Joshua D. Cools

Samantha M. Geraghty

14 Attorneys for Defendant

FORD MOTOR COMPANY

15

16

17

ig || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19

99 || DATED: March 27, 2024

21

Palace Mena

Patricia Donahue

23 || United States Magistrate Judge

24

25

26

27

28

1 EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

3

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

4

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

5

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

6

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

7

on [date] in the case of SALVADOR CORREA V. FORD MOTOR COMPANY,

8

ET AL., Case No.: 2:23-cv-02389-AB-PD. I agree to comply with and to be bound

9

by all the terms of this Stipulated Protective Order and I understand and

10

acknowledge that failure to so comply could expose me to sanctions and

11

punishment in the nature of contempt. I solemnly promise that I will not disclose

12

in any manner any information or item that is subject to this Stipulated Protective

13

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

14

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

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

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

19

type full name] of _________ [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

23 Date: __________________________

24

City and State where sworn and signed: _____________________________

25

26

Printed name: ____________________________________

27