1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION 10 11 OFF-WHITE LLC, CASE NO. 8:20-cv-2121-DOC- DFM 12 Plaintiff 13 [DISCOVERY DOCUMENT v. REFERRED TO MAGISTRATE 14 JUDGE DOUGLAS F. 15 BEFORES, LLC d/b/a AFTERS ICE MCCORMICK] CREAM, 16 STIPULATED PROTECTIVE 17 Defendant. ORDER 18 19 1. 20 A. PURPOSE AND LIMITATIONS 21 Discovery in this action is likely to involve the production of confidential, 22 23 proprietary, or private information for which special protection from public disclosure 24 and from use for any purpose other than prosecuting this litigation may be warranted. 25 Accordingly, the Parties hereby stipulate to and petition the Court to enter the following 26 27 Stipulated Protective Order. The Parties acknowledge that this Order does not confer 28 1 affords from public disclosure and use extends only to the limited information or items

2 that are entitled to confidential treatment under the applicable legal principles. The 3

Parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 4

5 Protective Order does not entitle them to file confidential information under seal; Civil

6 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 7

will be applied when a party seeks permission from the Court to file material under seal. 8

9 B. GOOD CAUSE STATEMENT

10 This action is likely to involve trade secrets, customer and pricing lists, financial 11

revenue and profit information, marketing strategies, and other valuable research, 12

13 development, commercial, financial, technical and/or proprietary information for which

14 special protection from public disclosure and from use for any purpose other than 15

16 prosecution of this action is warranted. Such confidential and proprietary materials and

17 information consist of, among other things, confidential business or financial

18 information, information regarding confidential business practices, or other confidential 19

20 research, development, or commercial information (including information implicating

21 privacy rights of third parties), information otherwise generally unavailable to the

22 public, or which may be privileged or otherwise protected from disclosure under state or 23

24 federal statutes, court rules, case decisions, or common law. Accordingly, to expedite

25 the flow of information, to facilitate the prompt resolution of disputes over

26 confid entiality of discovery materials, to adequately protect information the Parties are 27 28 entitled to keep confidential, to ensure that the Parties are permitted reasonable 1 necessary uses of such material in preparation for and in the conduct of trial, to address

2 their handling at the end of the litigation, and serve the ends of justice, a protective 3

order for such information is justified in this matter. It is the intent of the Parties that 4

5 information will not be designated as confidential for tactical reasons and that nothing

6 be so designated without a good faith belief that it has been maintained in a confidential, 7

non-public manner, and there is good cause why it should not be part of the public 8

9 record of this case.

10 Additionally, here, there is a need for a two-tiered, attorneys’ eyes only protective 11

order that designates certain material as “HIGHLY CONFIDENTIAL – ATTORNEYS’ 12

13 EYES ONLY”. See Elements Spirits, Inc. v. Iconic Brands, Inc., Civ. No. CV 15-02692

14 DDP(AGRx),

, at *1–*2 (C.D. Cal. May 9, 2016) (holding that 15

16 protective order with attorneys’ eyes only designation was warranted to protect party’s

17 confidential information) (citing Nutratech, Inc. v. Syntech Int’l, Inc.,

,

18 555 (C.D. Cal. 2008); Brown Bag Software v. Symantec Corp.,

, 1470 19

20 (9th Cir. 1992)).

21 2. DEFINITIONS

22 2.1 Action: this pending federal lawsuit, Off-White, LLC. v. Befores LLC d/b/a

23 Afters Ice Cream, Case No. 8:20-cv-02121-DOC-DFM.

24 2.2 Challenging Party: a Party (as defined herein) or Non-Party (as defined

25 herein) that challenges the designation of information or items under this Stipulated

26 Protective Order.

27 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 28 it is generated, stored or maintained) or tangible things that qualify for protection under 1 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

2 Statement.

3 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

4 Information or Items: information or items that is/are extremely confidential and/or

5 sensitive, the disclosure of which to any other Party or Non-Party would create a

6 substantial risk of serious harm, including competitive injury, that could not be avoided

7 by less restrictive means.

8 2.5 Counsel: Outside Counsel of Record (as defined herein) and House

9 Counsel (as defined herein), as well as their support staff.

10 2.6 Designating Party: a Party or Non-Party that designates information or

11 items that it produces in disclosures or in its responses to discovery as

12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

13 2.7 Disclosure or Discovery Material: all items or information, regardless of

14 the medium or manner in which it is generated, stored, or maintained (including, among

15 other things, testimony, transcripts, and tangible things) that are produced or generated

16 in disclosures or responses to discovery in this matter.

17 2.8 Expert: a person with specialized knowledge or experience in a matter

18 pertinent to the litigation, who has been retained by a Party or its counsel to serve as an

19 expert witness or as a consultant in this Action.

20 2.9 House Counsel: attorneys who are employees of a Party to this Action.

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

22 counsel.

23 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

25 2.11 Outside Counsel of Record: attorneys who are not employees of a Party to

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

27 appeared in this Action on behalf of that Party or are affiliated with a law firm, which 28 has appeared on behalf of that Party, including support staff. 1 2.12 Party: any party to this Action, including all of its officers, directors,

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

3 support staff) (collectively both parties are referred to herein as the “Parties”).

4 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

5 Discovery Material in this Action.

6 2.14 Professional Vendors: persons or entities that provide litigation support

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

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

9 their employees and subcontractors.

10 2.15 Protected Material: any Disclosure or Discovery Material that is designated

11 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

12 ONLY.” .

13 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

14 from a Producing Party.

15 3. SCOPE

16 The protections conferred by this Stipulated Protective Order cover not only

17 Protected Material, but also (1) any information copied or extracted from Protected

18 Material or information that is otherwise based in whole or in part on Protected

19 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and

20 (3) any testimony, conversations, or presentations by Parties or their Counsel that might

21 reveal Protected Material.

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

23 judge. This Stipulated Protective Order does not govern the use of Protected Material at

24 trial.

25 4. DURATION

26 Even after final disposition of this litigation, the confidentiality obligations

27 imposed by this Stipulated Protective Order shall remain in effect until a Designating 28 Party agrees otherwise in writing or a court order otherwise directs. Final disposition 1 shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action,

2 with or without prejudice; and (2) final judgment herein after the completion and

3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

4 including the time limits for filing any motions or applications for extension of time

5 pursuant to applicable law.

6 5. DESIGNATING PROTECTED MATERIAL

7 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

8 Party or Non-Party that designates information or items for protection under this

9 Stipulated Protective Order must take care to limit any such designation to specific

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

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

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

13 items, or communications for which protection is not warranted are not swept

14 unjustifiably within the ambit of this Stipulated Protective Order.

15 Mass, indiscriminate, or routinized designations are prohibited. Designations that

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

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

18 expenses and burdens on other parties) may expose the Designating Party to sanctions.

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

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

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

22 5.2 Manner and Timing of Designations. Except as otherwise provided in this

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

24 ordered, Disclosure or Discovery Material that qualifies for protection under this

25 Stipulated Protective Order must be clearly so designated before the material is

26 disclosed or produced.

27 Designation in conformity with this Order requires: 28 (a) for information in documentary form (e.g., paper or electronic documents, 1 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

2 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY

3 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL

4 Legend”), to each page that contains Protected Material. If only a portion or portions of

5 the material on a page qualifies for protection, the Producing Party also must clearly

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

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

8 not designate them for protection until after the inspecting Party has indicated which

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

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

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

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

13 thereof, qualify as Protected Material. Then, before producing the specified documents,

14 the Producing Party must affix the CONFIDENTIAL Legend to each page that contains

15 Protected Material. If only a portion or portions of the material on a page qualifies for

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

17 by making appropriate markings in the margins).

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

19 designation be made at the same time the witness’s statement of changes is due pursuant

20 to Fed. R. Civ. P. 30(e).

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

22 other tangible items, that the Producing Party affix in a prominent place on the exterior

23 of the container or containers in which the information is stored the Confidential

24 Legend. If only a portion or portions of the information warrants protection, the

25 Producing Party, to the extent practicable, shall identify the protected portion(s).

26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

27 failure to designate qualified information or items does not, standing alone, waive the 28 Designating Party’s right to secure protection under this Stipulated Protective Order for 1 such material. Upon timely correction of a designation, the Receiving Party must make

2 reasonable efforts to assure that the material is treated in accordance with the provisions

3 of this Stipulated Protective Order.

4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

7 Order.

8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

9 resolution process under Local Rule 37.1 et seq.

10 6.3 The burden of persuasion in any such challenge proceeding shall be on the

11 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

12 to harass or impose unnecessary expenses and burdens on other parties) may expose the

13 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

14 the confidentiality designation, all Parties shall continue to afford the material in

15 question the level of protection to which it is entitled under the Producing Party’s

16 designation until the Court rules on the challenge.

17 7. ACCESS TO AND USE OF PROTECTED MATERIAL

18 7.1 Basic Principles. A Receiving Party may only use Protected Material that is

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

20 for prosecuting, defending, or attempting to settle this Action. Such Protected Material

21 may only be disclosed to the categories of persons and under the conditions described in

22 this Stipulated Protective Order. When the Action has been terminated, a Receiving

23 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

26 authorized under this Stipulated Protective Order.

27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 28 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 1 may disclose “CONFIDENTIAL” Information or Items only to:

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

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

4 disclose the information for this Action;

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

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

7 (c) Experts of the Receiving Party to whom disclosure is reasonably necessary

8 for this Action, provided that they have signed the “Acknowledgment and Agreement to

9 Be Bound” (Exhibit A hereto);

10 (d) the Court and its personnel;

11 (e) Court reporters and their staff;

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

13 Vendors to whom disclosure is reasonably necessary for this Action, provided that they

14 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A hereto);

15 (g) the author or recipient of a document containing the “CONFIDENTIAL”

16 Information or Items;

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

18 Action to whom disclosure is reasonably necessary provided, provided that the

19 witnesses sign the form attached as Exhibit A hereto. Pages of transcribed deposition

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

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

22 under this Stipulated Protective Order;

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

24 mutually agreed upon by the Parties engaged in settlement discussions; and

25 (j) any insurance carrier and/or its representatives to whom disclosure is

26 reasonably necessary, provided that they have signed the “Acknowledgment and

27 Agreement to Be Bound” (Exhibit A hereto). 28 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 1 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

2 writing by the Designating Party, a Receiving Party may disclose “HIGHLY

3 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information or Items only to those

4 individuals listed above in Paragraphs 7.2(a), (c)–(g), and (i)-(j), except that a Receiving

5 Party may in good faith request that the Designating Party consent in writing to the

6 disclosure of particular material designated “HIGHLY CONFIDENTIAL -

7 ATTORNEYS’ EYES ONLY” to one or more representatives of the Receiving Party to

8 whom disclosure is reasonably necessary for this Action. The Receiving Party may seek

9 leave of court to designate such representatives if the Receiving Party believes that the

10 Designating Party has unreasonably withheld such consent. Before receiving any

11 “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information or Items,

12 each designated representative shall sign the “Acknowledgment and Agreement to Be

13 Bound” (Exhibit A).

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

15 OTHER LITIGATION

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

17 that compels disclosure of any Protected Material in this Action, that Party must:

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

19 include a copy of the subpoena or court order;

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

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

22 order is subject to this Stipulated Protective Order. Such notification shall include a

23 copy of this Stipulated Protective Order; and

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

25 the Designating Party whose Protected Material may be affected.

26 If the Designating Party timely seeks a protective order, the Party served with the

27 subpoena or court order shall not produce any Protected Material before a determination 28 by the court from which the subpoena or order issued, unless the Party has obtained the 1 Designating Party’s permission. The Designating Party shall bear the burden and

2 expense of seeking protection in that court of its Protected Material and nothing in these

3 provisions should be construed as authorizing or encouraging a Receiving Party in this

4 Action to disobey a lawful directive from another court.

5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

6 PRODUCED IN THIS LITIGATION

7 (a) The terms of this Stipulated Protective Order are applicable to information

8 produced by a Non-Party in this Action and designated as “CONFIDENTIAL” or

9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”. Such information

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

11 and relief provided by this Stipulated Protective Order. Nothing in these provisions

12 should be construed as prohibiting 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 confidential

16 information, then the Party shall:

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

18 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

22 reasonably specific description of the information requested; and

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

24 Party, if requested.

25 (c) If the Non-Party fails to seek a protective order from this Court within 14

26 days of receiving the notice and accompanying information, the Receiving Party may

27 produce the Non-Party’s confidential information responsive to the discovery request. If 28 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 1 information in its possession or control that is subject to the confidentiality agreement

2 with the Non-Party before a determination by the Court. Absent a Court order to the

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

4 court of its Protected Material.

5 10. 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 writing

9 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

10 all unauthorized copies of the Protected Material, (c) inform the person or persons to

11 whom unauthorized disclosures were made of all the terms of this Stipulated Protective

12 Order, and (d) request such person or persons to execute the “Acknowledgment and

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

14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

15 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, the

18 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 12. MISCELLANEOUS

27 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 28 abridges the right of any person to seek its modification by the Court in the future. 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

3 to 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 Stipulated Protective

6 Order.

7 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

9 only be filed under seal pursuant to a Court order authorizing the sealing of the specific

10 Protected Material at issue. If a Party's request to file Protected Material under seal is

11 denied by the Court, then the Receiving Party may file the information in the public

12 record unless otherwise instructed by the Court.

13 13. FINAL DISPOSITION

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

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

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

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

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

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

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

21 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

22 where appropriate) all the Protected Material that was returned or destroyed and

23 (2)affirms that the Receiving Party has not retained any copies, abstracts, compilations,

24 summaries or any other format reproducing or capturing any of the Protected Material.

25 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

26 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

27 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 28 consultant and expert work product, even if such materials contain Protected Material. 1 | Any such archival copies that contain or constitute Protected Material remain subject to 2 | this Stipulated Protective Order as set forth in Section 4 (DURATION). 3 14. Any violation of this Order may be punished by any and all appropriate 4|measures including, without limitation, contempt proceedings and/or monetary 5 | sanctions. 6 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 7 8 | DATED: April 2, 2021 9 10 + l Honorabfe Douglas F. McCormick United States Magistrate Judge 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 Respectfully Submitted, 15 16 Dated: April 1, 2021 EPSTEIN DRANGEL LLP By: /s/Peter J. Farnese 17 Peter J. Farnese 18 19 Attorney for Plaintiff Off-White LLC 20 >] Dated: April 1, 2021 MYERS LAW GROUP

22 By: /s/Clifford L. White Clifford L. White 23 24 Attorneys for Defendant Befores LLC d/b/a Afters Ice Cream 25 26 27 28 _12_

1 Dated: April 1, 2021 MURPHY, PEARSON, BRADLEY & FEENEY 2

3 By: /s/Keith G. Adams Keith G. Adams 4

5 Attorneys for Defendant Befores LLC d/b/a Afters Ice Cream 6

7 I, Peter J. Farnese, hereby attest that all other signatories listed, and on whose 8 behalf the filing is submitted, concur in the filing’s content and have authorized the 9 filing, consistent with Civil L.R. 5-4.3.4(a)(2)(i). 10 April 1, 2021 By: /s/Peter J. Farnese 11

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28 1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

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

5 have read in its entirety and understand the Stipulated Protective Order that was issued

6 by the United States District Court for the Central District of California on [date] in the

7 case of Off-White, LLC. v. Befores LLC d/b/a Afters Ice Cream, Case No. 8:20-cv-

8 02121-DOC-DFM. I agree to comply with and to be bound by all the terms of the

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

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

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

12 the Stipulated Protective Order to any person or entity except in strict compliance with

13 the provisions of the Stipulated Protective Order.

14 I further agree to submit to the jurisdiction of the United States District Court for

15 the Central District of California for the purpose of enforcing the terms of the Stipulated

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 this

20 action or any proceedings related to enforcement of the Stipulated Protective Order.

21

22 Date: ______________________________________

23

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27 28 Signature: __________________________________