1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JON SPIELBERGER; HUGO Case No. 2:19-cv-08558 MWF (ks)

NUNEZ; BENJAMIN R.

11 MALDANADO; OLIVER [PROPOSED] STIPULATED

THOMAS, EDWARD ALVA; PROTECTIVE ORDER

12

MARIA QUINTANA; LUIS

Judge: Hon. Michael W. Fitzgerald 13 GOMEZ; JAVIER FRIZ; Room: 5A

LIXANDER RUBALCAVA;

14 MARCO NUNEZ; SOUHIL ACHI;

GUILLERMO MERINO; OSCAR

15 RODRIGUEZ LOPEZ; SHEHADEH

ACHI; MARIBEL PRADO;

16 JOVHANY MORALES; LORENA

GONZALEZ; DAVID ROLON;

17 MARIELA CORTEZ; SANDRA

WEATHERSBY; FABIAN

18

CABRERA,

19 Plaintiffs, 20 v. 21 ENVOY AIR, INC.; Does 1 to 15 22 Defendants. 23 24 25 26 27 28 1 1. A. PURPOSE AND LIMITATIONS 2 Discovery in this action is likely to involve production and disclosure of 3 confidential, proprietary or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the 6 Court to enter the following Stipulated Protective Order. The parties acknowledge 7 that this Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, commercial, financial, technical 13 and/or proprietary information for which special protection from public disclosure 14 and from use for any purpose other than prosecution of this action is warranted. 15 Such confidential and proprietary materials and information consist of, among other 16 things, confidential business or financial information, information regarding 17 confidential business practices, or other confidential research, development, or 18 commercial information (including information implicating privacy rights of third 19 parties), information otherwise generally unavailable to the public, or which may be 20 privileged or otherwise protected from disclosure under state or federal statutes, 21 court rules, case decisions, or common law. Accordingly, to expedite the flow of 22 information, to facilitate the prompt resolution of disputes over confidentiality of 23 discovery materials, to adequately protect information the parties are entitled to 24 keep confidential, to ensure that the parties are permitted reasonable necessary uses 25 of such material in preparation for and in the conduct of trial, to address their 26 handling at the end of the litigation, and serve the ends of justice, a protective order 27 for such information is justified in this matter. It is the intent of the parties that 28 information will not be designated as confidential for tactical reasons and that 1 nothing be so designated without a good faith belief that it has been maintained in a 2 confidential, non-public manner, and there is good cause why it should not be part 3 of the public record of this case. 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 5 SEAL 6 The parties further acknowledge, as set forth in Section 12.3, below, that this 7 Stipulated Protective Order does not entitle them to file confidential information 8 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 9 and the standards that will be applied when a Party seeks permission from the court 10 to file material under seal. 11 There is a strong presumption that the public has a right of access to judicial 12 proceedings and records in civil cases. In connection with non-dispositive motions, 13 good cause must be shown to support a filing under seal. See Kamakana v. City & 14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 16 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 17 require good cause showing), and a specific showing of good cause or compelling 18 reasons with proper evidentiary support and legal justification, must be made with 19 respect to Protected Material that a Party seeks to file under seal. The parties’ mere 20 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 21 without the submission of competent evidence by declaration, establishing that the 22 material sought to be filed under seal qualifies as confidential, privileged, or 23 otherwise protectable—constitute good cause. 24 Further, if a Party requests sealing related to a dispositive motion or trial, 25 then compelling reasons, not only good cause, for the sealing must be shown, and 26 the relief sought shall be narrowly tailored to serve the specific interest to be 27 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 28 2010). For each item or type of information, document, or thing sought to be filed 1 or introduced under seal in connection with a dispositive motion or trial, the Party 2 seeking protection must articulate compelling reasons, supported by specific facts 3 and legal justification, for the requested sealing order. Again, competent evidence 4 supporting the application to file documents under seal must be provided by 5 declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in 7 its entirety will not be filed under seal if the confidential portions can be redacted. 8 If documents can be redacted, then a redacted version for public viewing, omitting 9 only the confidential, privileged, or otherwise protectable portions of the document, 10 shall be filed. Any application that seeks to file documents under seal in their 11 entirety should include an explanation of why redaction is not feasible. 12 2. DEFINITIONS 13 2.1 Action: the above-captioned matter, Spielberger et al. v. Envoy Air, 14 Inc., Case No. 2:19-CV-08558 MWF (ks). 15 2.2 Challenging Party: a Party or Non-Party that challenges the 16 designation of information or items under this Order. 17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 the Good Cause Statement. 21 2.4 Counsel: Outside Counsel or Record and House Counsel (as well as 22 their support staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained (including, 28 1 among other things, testimony, transcripts, and tangible things), that are produced 2 or generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 that has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 1 3. SCOPE 2 The protections conferred by this Stipulated Protective Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 Honorable Michael W. Fitzgerald. This Order does not govern the use of Protected 9 Material at trial. 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or 13 introduced as an exhibit at trial becomes public and will be presumptively available 14 to all members of the public, including the press, unless compelling reasons 15 supported by specific factual findings to proceed otherwise are made to the trial 16 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 17 “good cause” showing for sealing documents produced in discovery from 18 “compelling reasons” standard when merits-related documents are part of court 19 record). Accordingly, the terms of this protective order do not extend beyond the 20 commencement of the trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items or oral or written 27 communications that qualify so that other portions of the material, documents, 28 1 items or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to 6 impose unnecessary expenses and burdens on other parties) may expose the 7 Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second and third paragraphs of Section 5.2(a) below), or as 13 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 14 protection under this Order must be clearly so designated before the material is 15 disclosed or produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) to each page that 21 contains Protected Material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for 25 inspection need not designate them for protection until after the inspecting Party 26 has indicated which documents it would like copied and produced. During the 27 inspection and before the designation, all of the material made available for 28 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 1 identified the documents it wants copied and produced, the Producing Party must 2 determine which documents, or portions thereof, qualify for protection under this 3 Order. Then, before producing the specified documents, the Producing Party must 4 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 5 If only a portion of the material on a page qualifies for protection, the Producing 6 Party also must clearly identify the protected portion(s) (e.g., by making 7 appropriate markings in the margins). 8 Documents produced or disclosed prior to the date that this Order is 9 executed by the Parties may be designated confidential by providing written notice 10 to all Parties within 30 days of the execution of this Order by the Parties. 11 (b) for testimony given in depositions that the Designating Party 12 identifies the Disclosure or Discovery Material on the record, before the close of 13 the deposition all protected testimony. 14 Testimony taken at a deposition, conference or hearing prior to the 15 date this Order is executed by the Parties may be designated confidential by 16 providing written notice to all Parties within 30 days of the execution of this Order 17 by the Parties. 18 (c) for information produced in some form other than documentary, 19 and for any other tangible items, that the Producing Party affix in a prominent place 20 on the exterior of the container or containers in which the information or item is 21 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 22 information warrants protection, the Producing Party, to the extent practicable, shall 23 identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such 27 material. Upon timely correction of a designation, the Receiving Party must make 28 1 reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this Order. 3 6. DESIGNATING PROTECTED MATERIAL 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 Scheduling Order. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 8 resolution process under Local Rule 37-1 et seq. 9 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 10 joint stipulation pursuant to Local Rule 37-2. 11 6.4 The burden of persuasion in any such challenge proceeding shall be on 12 the Designating Party. Frivolous challenges, and those made for an improper 13 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 14 parties) may expose the Challenging Party to sanctions. Unless the Designating 15 Party has waived or withdrawn the confidentiality designation, all parties shall 16 continue to afford the material in question the level of protection to which it is 17 entitled under the Producing Party’s designation until the Court rules on the 18 challenge. 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material that is 21 disclosed or produced by another Party or by a Non-Party in connection with this 22 Action only for prosecuting, defending, or attempting to settle this Action. Such 23 Protected Material may be disclosed only to the categories of persons and under the 24 conditions described in this Order. When the Action has been terminated, a 25 Receiving Party must comply with the provisions of Section 13 below (FINAL 26 DISPOSITION). 27 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 5 otherwise ordered by the Court or permitted in writing by the Designating Party, a 6 Receiving Party may disclose any information or item designated 7 “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of record in this Action, 9 as well as employees of said Outside Counsel to whom it is reasonably necessary to 10 disclose the information for this Action; 11 (b) the Receiving Party’s House Counsel, as well as staff of said 12 House Counsel to whom it is reasonably necessary to disclose the information for 13 this Action (including, for example, assistants, secretaries, and paralegals); 14 (c) the officers, directors, or employees of the Receiving Party to 15 whom disclosure is reasonably necessary for this Action; 16 (d) Experts (as defined in this Order) of the Receiving Party to 17 whom disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (attached hereto as Exhibit 1); 19 (e) the Court and its personnel; 20 (f) court reporters and their staff; 21 (g) professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably necessary for this Action 23 and who have signed the “Acknowledgment and Agreement to Be Bound” 24 (attached hereto as Exhibit 1); 25 (h) during their depositions, witnesses, and attorneys for witnesses, 26 in the Action to whom disclosure is reasonably necessary provided: (1) the 27 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 28 and (2) they will not be permitted to keep any confidential information unless they 1 sign the “Acknowledgment and Agreement to Be Bound” (attached hereto as 2 Exhibit 1), unless otherwise agreed by the Designating Party or ordered by the 3 court. Pages of transcribed deposition testimony or exhibits to depositions that 4 reveal Protected Material may be separately bound by the court reporter and may 5 not be disclosed to anyone except as permitted under this Stipulated Protective 6 Order; and 7 (i) any mediator or settlement officer, and their supporting 8 personnel, mutually agreed upon by any of the parties engaged in settlement 9 discussions. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 11 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,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or 18 order to issue in the other litigation that some or all of the material covered by the 19 subpoena or order is subject to this Protective Order. Such notification shall include 20 a copy of this Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be 22 pursued by the Designating Party whose Protected Material may be affected. If the 23 Designating Party timely seeks a protective order, the Party served with the 24 subpoena or court order shall not produce any information designated in this action 25 as “CONFIDENTIAL” before a determination by the court from which the 26 subpoena or order issued, unless the Party has obtained the Designating Party’s 27 permission. The Designating Party shall bear the burden and expense of seeking 28 protection in that court of its confidential material and nothing in these provisions 1 should be construed as authorizing or encouraging a Receiving Party in this Action 2 to disobey a lawful directive from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced 6 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 7 information produced by Non-Parties in connection with this litigation is protected 8 by the remedies and relief provided by this Order. Nothing in these provisions 9 should be construed as prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery 11 request, to produce a Non-Party’s confidential information in its possession, and the 12 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the 15 Non-Party that some or all of the information requested is subject to a 16 confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the 18 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 19 reasonably specific description of the information requested; and 20 (3) make the information requested available for inspection 21 by the Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court 23 within 14 days of receiving the notice and accompanying information, the 24 Receiving Party may produce the Non-Party’s confidential information responsive 25 to the discovery request. If the Non-Party timely seeks a protective order, the 26 Receiving Party shall not produce any information in its possession or control that 27 is subject to the confidentiality agreement with the Non-Party before a 28 determination by the court. Absent a court order to the contrary, the Non-Party 1 shall bear the burden and expense of seeking protection in this court of its Protected 2 Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best 8 efforts to retrieve all copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this 10 Stipulated Protective Order, and (d) request such person or persons to execute the 11 “Acknowledgment and Agreement to Be Bound” attached hereto as Exhibit 1. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the 16 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 20 (e), insofar as the parties reach an agreement on the effect of disclosure of a 21 communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the stipulated 23 protective order submitted to the court. 24 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order, no Party waives any right it otherwise would have to object to 1 disclosing or producing any information or item on any ground not addressed in 2 this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 any ground to use in evidence of any of the material covered by this Protective 4 Order. 5 12.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Local Civil Rule 79-5. Protected Material 7 may only be filed under seal pursuant to a court order authorizing the sealing of the 8 specific Protected Material at issue. If a Party’s request to file Protected Material 9 under seal is denied by the court, then the Receiving Party may file the information 10 in the public record unless otherwise instructed by the court. 11 12.4 This Stipulation and Protective Order is entered into without prejudice 12 to the right of any Party to knowingly waive the applicability of this Stipulation and 13 Protective Order to any Confidential Materials designated by that Party. If the 14 Designating Party uses Confidential Materials in a non-Confidential manner, then 15 the Designating Party shall advise all parties that the designation no longer applies. 16 If the Designating Party does not advise the parties that the designation no longer 17 applies and has not taken action to cure the non-Confidential use of the Confidential 18 Materials (by, for example, filing a motion to seal Confidential Materials that have 19 been filed publicly) within 14 days of the non-Confidential use, then the Receiving 20 Party may appropriately conclude that the Designating Party intended to waive the 21 Confidential designation. 22 12.5 This Order shall be deemed contractually binding upon each Party 23 upon each Party’s execution of this Order, notwithstanding whether the Court has 24 signed this Order. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, within 60 days of a written request 27 by the Designating Party, each Receiving Party must return all Protected Material to 28 the Producing Party or destroy such material. As used in this subdivision, “all 1 | Protected Material” includes all copies, abstracts, compilations, summaries, and any 2 | other format reproducing or capturing any of the Protected Material. Whether the 3 | Protected Material is returned or destroyed, the Receiving Party must submit a 4 | written certification to the Producing Party (and, if not the same person or entity, to 5 | the Designating Party) by the 60 day deadline that (1) identifies (by category, where 6 | appropriate) all the Protected Material that was returned or destroyed and (2) 7 | affirms that the Receiving Party has not retained any copies, abstracts, 8 | compilations, summaries or any other format reproducing or capturing any of the 9 | Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 10 | 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 13 | such 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). 16} 14. VIOLATION Ly Any violation of this Order may be punished by appropriate measures 18 | including, without limitation, contempt proceedings and/or monetary sanctions. 19 20 Based on the stipulation of the parties and for good cause shown, IT IS SO 21 | ORDERED. 22 23 Dated: May 15, 2020 LSonem_L- Blowin Wim 25 KAREN L. STEVENSON %6 UNITED STATES MAGISTRATE JUDGE aT 28 14 SEIRUERTED PROTEC TE □□□□□

1 EXHIBIT 1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ___________________________ [print or type full address], declare under penalty 5 of perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court, Central District of 7 California, on May 15, 2020 in Spielberger et al. v. Envoy Air, Inc. (Case No. 2:19- 8 CV-08558 MWF (ks)). I agree to comply with and to be bound by all the terms of 9 the Stipulated Protective Order, including, but not limited to, the provisions dealing 10 with disclosure of materials designated “CONFIDENTIAL,” and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and 12 punishment in the nature of contempt. I solemnly promise that I will not disclose in 13 any manner any information or item that is subject to the Stipulated Protective 14 Order to any person or entity except in strict compliance with the provisions of the 15 Order. 16 I further agree to submit to the jurisdiction and venue of the United States 17 District Court, Central District of California, for the purpose of enforcing the terms 18 of the Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint___________________________ 20 [print or type full name], of ___________________________ [print or type full 21 address] as my California agent for service of process in connection with this action 22 or any proceedings related to enforcement of this Stipulated Protective Order. 23 Date:____________________________ 24 City and State where sworn and signed:____________________________ 25 26 Printed name:____________________________ 27 28 Signature:____________________________