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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

10 11 JASON MERCURI, an individual, Case No. 8:20-cv-00608 JLS(JDEx)

12 Plaintiff, STIPULATED PROTECTIVE ORDER

13 v. State Court Action Filed: February 13, 2020 14 TRANE U.S. INC., a Delaware Trial Date: None Set District Judge: Hon. Josephine L. Staton Corporation; INGERSOLL-RAND 15 COMPANY, a New Jersey Magistrate Judge: Hon. John D. Early

Corporation; and DOES 1-25, inclusive, 16 Defendants. 17 18 Based on the parties’ Stipulation (Dkt. 23), and for good cause shown, the 19 Court finds and orders as follows: 20

21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public disclosure 24 and from use for any purpose other than pursuing this litigation may be warranted. 25 Accordingly, the parties hereby stipulate to and petition the Court to enter the 26 following Stipulated Protective Order. The parties acknowledge that this Order does 27 not confer blanket protections on all disclosures or responses to discovery and that the 28 1 information or items that are entitled to confidential treatment under the applicable 2 legal principles. 3 2. GOOD CAUSE STATEMENT This action is likely to involve information implicating privacy rights of parties 4 and third parties, sensitive financial information, and confidential and proprietary 5 information for which special protection from public disclosure and from use for any 6 purpose other than prosecution of this action is warranted. Such confidential and 7 proprietary materials and information consist of, among other things, confidential 8 business or financial information, information regarding confidential business 9 practices, or other confidential research, development, or commercial information 10 (including information implicating privacy rights of third parties), information 11 otherwise generally unavailable to the public, or which may be privileged or otherwise 12 protected from disclosure under state or federal statutes, court rules, case decisions, or 13 common law. Accordingly, to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over confidentiality of discovery materials, to adequately protect 15 information the parties are entitled to keep confidential, to ensure that the parties are 16 permitted reasonable necessary uses of such material in preparation for and in the 17 conduct of trial, to address their handling at the end of the litigation, and serve the ends 18 19 of justice, a protective order for such information is justified in this matter. It is the 20 intent of the parties that information will not be designated as confidential for tactical 21 reasons and that nothing be so designated without a good faith belief that it has been 22 maintained in a confidential, non-public manner, and there is good cause why it should 23 not be part of the public record of this case. 24 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 25 The parties further acknowledge, as set forth in Section 14.3, below, that this 26 Stipulated Protective Order does not entitle them to file confidential information under 27 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 28 1 material under seal. There is a strong presumption that the public has a right of access 2 to judicial proceedings and records in civil cases. In connection with non-dispositive 3 motions, good cause must be shown to support a filing under seal. See Kamakana v. 4 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 5 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 6 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 7 require good cause showing), and a specific showing of good cause or compelling 8 reasons with proper evidentiary support and legal justification, must be made with 9 respect to Protected Material that a party seeks to file under seal. The parties’ mere 10 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 11 without the submission of competent evidence by declaration, establishing that the 12 material sought to be filed under seal qualifies as confidential, privileged, or otherwise 13 protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, then 15 compelling reasons, not only good cause, for the sealing must be shown, and the relief 16 sought shall be narrowly tailored to serve the specific interest to be protected. See 17 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 18 or type of information, document, or thing sought to be filed or introduced under seal, 19 the party seeking protection must articulate compelling reasons, supported by specific 20 facts and legal justification, for the requested sealing order. Again, competent evidence 21 supporting the application to file documents under seal must be provided by 22 declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 its entirety will not be filed under seal if the confidential portions can be redacted. If 25 documents can be redacted, then a redacted version for public viewing, omitting only 26 the confidential, privileged, or otherwise protectable portions of the document, shall 27 be filed. Any application that seeks to file documents under seal in their entirety should 28 include an explanation of why redaction is not feasible. 1 4. DEFINITIONS 2 4.1 Action: The instant pending action: Mercuri v. Trane U.S. Inc et al. 3 4.2 Challenging Party: a Party or Non-Party that challenges the designation 4 of information or items under this Order. 5 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 6 how it is generated, stored or maintained) or tangible things that qualify for protection 7 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 8 Statement. 9 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 10 support staff). 11 4.5 Designating Party: a Party or Non-Party that designates information or 12 items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 14 ONLY.” 15 4.6 Disclosure or Discovery Material: all items or information, regardless of 16 the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced or 18 generated in disclosures or responses to discovery. 19 4.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 an expert witness or as a consultant in this Action. 22 4.8 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 4.9 Non-Party: any natural person, partnership, corporation, association or 26 other legal entity not named as a Party to this action. 27 4.10 Outside Counsel of Record: attorneys who are not employees of a party 28 to this Action but are retained to represent a party to this Action and have appeared in 1 this Action on behalf of that party or are affiliated with a law firm that has appeared 2 on behalf of that party, and includes support staff. 3 4.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their 5 support staffs). 6 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 4.13 Professional Vendors: persons or entities that provide litigation support 9 services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 11 their employees and subcontractors. 12 4.14 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- 14 ATTORNEYS’ EYES ONLY.” 15 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 16 from a Producing Party. 17 4.16 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 18 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 19 the disclosure of which to another Party or Non-Party would create a substantial risk 20 of serious harm that could not be avoided by less restrictive means. 21 5. SCOPE 22 The protections conferred by this Stipulation and Order cover not only Protected 23 Material (as defined above), but also (1) any information copied or extracted from 24 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 25 Material; and (3) any testimony, conversations, or presentations by Parties or their 26 Counsel that might reveal Protected Material. 27 / / / 28 / / / 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge and other applicable authorities. This Order does not govern the use of Protected 3 Material at trial. 4 6. DURATION 5 Once a case proceeds to trial, information that was designated as 6 CONFIDENTIAL or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” 7 or maintained pursuant to this protective order used or introduced as an exhibit at trial 8 becomes public and will be presumptively available to all members of the public, 9 including the press, unless compelling reasons supported by specific factual findings 10 to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 11 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents 12 produced in discovery from “compelling reasons” standard when merits-related 13 documents are part of court record). Accordingly, the terms of this protective order do 14 not extend beyond the commencement of the trial. 15 7. DESIGNATING PROTECTED MATERIAL 16 7.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under this 18 Order must take care to limit any such designation to specific material that qualifies 19 under the appropriate standards. The Designating Party must designate for protection 20 only those parts of material, documents, items or oral or written communications that 21 qualify so that other portions of the material, documents, items or communications for 22 which protection is not warranted are not swept unjustifiably within the ambit of this 23 Order. 24 Mass, indiscriminate or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper purpose 26 (e.g., to unnecessarily encumber the case development process or to impose 27 unnecessary expenses and burdens on other parties) may expose the Designating Party 28 to sanctions. 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 7.2 Manner and Timing of Designations. Except as otherwise provided in this 5 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 6 qualifies for protection under this Order must be clearly so designated before the 7 material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings), that the Producing Party affix at a minimum, the legend 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 13 ONLY” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 14 material. If only a portion of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making 16 appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for inspection 18 need not designate them for protection until after the inspecting Party has indicated 19 which documents it would like copied and produced. During the inspection and before 20 the designation, all of the material made available for inspection shall be deemed 21 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 22 copied and produced, the Producing Party must determine which documents, or 23 portions thereof, qualify for protection under this Order. Then, before producing the 24 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend 25 or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page 26 that contains Protected Material. If only a portion of the material on a page qualifies 27 for protection, the Producing Party also must clearly identify the protected portion(s) 28 (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” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 8 ONLY.” If only a portion or portions of the information warrants protection, the 9 Producing Party, to the extent practicable, shall identify the protected 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 the 24 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 28 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 “CONFIDENTIAL” 16 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; 27 / / / 28 / / / 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 9.3 Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 18 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 19 writing by the Designating Party, a Receiving Party may disclose any information or 20 item designated “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably 23 necessary to disclose the information for this Action; 24 (b) 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 (c) the court and its personnel; 28 (d) private court reporters and their staff to whom disclosure is 1 reasonably necessary for this Action and who have signed the “Acknowledgment and 2 Agreement to Be Bound” (Exhibit A); 3 (e) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (f) the author or recipient of a document containing the information or a 7 custodian or other person who otherwise possessed or knew the information; and 8 (g) any mediator or settlement officer, and their supporting personnel, 9 mutually agreed upon by any of the parties engaged in settlement discussions. 10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 15 ONLY,” that Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or order 19 to issue in the other litigation that some or all of the material covered by the subpoena 20 or order is subject to this Protective Order. Such notification shall include a copy of 21 this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. If the 24 Designating Party timely seeks a protective order, the Party served with the subpoena 25 or court order shall not produce any information designated in this action as 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES 27 ONLY” before a determination by the court from which the subpoena or order issued, 28 unless the Party has obtained the Designating Party’s permission. The Designating 1 Party shall bear the burden and expense of seeking protection in that court of its 2 confidential material and nothing in these provisions should be construed as 3 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 4 directive from another court. 5 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 9 CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by 10 Non-Parties in connection with this litigation is protected by the remedies and relief 11 provided by this Order. Nothing in these provisions should be construed as prohibiting 12 a Non-Party from seeking additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, to 14 produce a Non-Party’s confidential information in its possession, and the Party is 15 subject to an agreement with the Non-Party not to produce the Non-Party’s 16 confidential information, then the Party shall: 17 (1) promptly notify in writing the Requesting Party and the Non- 18 Party that some or all of the information requested is subject to a confidentiality 19 agreement with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Stipulated 21 Protective Order in this Action, the relevant discovery request(s), and a reasonably 22 specific description of the information requested; and 23 (3) make the information requested available for inspection by the 24 Non-Party, if requested. 25 (c) If the Non-Party fails to seek a protective order from this court within 26 14 days of receiving the notice and accompanying information, the Receiving Party 27 may produce the Non-Party’s confidential information responsive to the discovery 28 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 1 produce any information in its possession or control that is subject to the 2 confidentiality agreement with the Non-Party before a determination by the court. 3 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 4 of seeking protection in this court of its Protected Material. 5 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of this Order, 12 and (d) request such person or persons to execute the “Acknowledgment an Agreement 13 to Be Bound” attached hereto as Exhibit A. 14 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 15 OTHERWISE PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\ 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted to 25 the court. 26 14. MISCELLANEOUS 27 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 28 person to seek its modification by the Court in the future. 1 14.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 14.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 8 only be filed under seal pursuant to a court order authorizing the sealing of the specific 9 Protected Material. If a Party’s request to file Protected Material under seal is denied 10 by the court, then the Receiving Party may file the information in the public record 11 unless otherwise instructed by the court. 12 15. FINAL DISPOSITION 13 After the final disposition of this Action, as defined above, within 60 days of a 14 written request by the Designating Party, each Receiving Party must return all 15 Protected Material to the Producing Party or destroy such material. As used in this 16 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected 18 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 19 must submit a written certification to the Producing Party (and, if not the same person 20 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 21 category, where appropriate) all the Protected Material that was returned or destroyed 22 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 23 compilations, summaries or any other format reproducing or capturing any of the 24 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 25 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 26 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 27 attorney work product, and consultant and expert work product, even if such materials 28 contain Protected Material. Any such archival copies that contain or constitute 1 || Protected Material remain subject to this Protective Order as set forth in Section 6 2 ||(DURATION). 3 16. VIOLATION 4 Any violation of this Order may be punished by appropriate measures including, 5 || without limitation, contempt proceedings and/or monetary sanctions. 6 7 For good cause shown in the parties’ Stipulation, IT IS SO ORDERED.

9 DATED: February 11, 2021

J . EARLY

10 ited States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 Case No. 8:20-cv-00608 □□□□□□□□

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury that 6 I have read in its entirety and understand the Protective Order that was issued by the 7 United States District Court for the Central District of California on February 10, 2021 8 in the case of Mercuri v. Trane US, Inc., et al., Case No. 8: :20-cv-00608 JLS(JDEx). 9 I agree to comply with and to be bound by all the terms of this Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and 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 Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________

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