Erika Vanessa Avalos v. Nissan North America, Inc.

United States District Court for the Central District of California

Erika Vanessa Avalos v. Nissan North America, Inc.

Trial Court Opinion

1 AMIR NASSIHI (SBN 235936) [email protected] 2 JAMES FEENEY (SBN 359511) 3 [email protected] SHOOK, HARDY & BACON, L.L.P. 4 555 Mission Street, Suite 2300 San Francisco, CA 94105 5 Tel: (415) 544-1900 | Fax: (415) 291-0281

6 KRISTINE AVENA (SBN 328593) 7 [email protected] SHOOK, HARDY & BACON, L.L.P. 8 Jamboree Center 5 Park Plaza, Suite 1600 9 Irvine, CA 92614-2546 10 Tel: (949) 475-1500 | Fax: (949) 475-0016

11 Attorneys for Defendant NISSAN NORTH AMERICA, INC. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 ERIKA VANESSA AVLOS, an Case No. 2:25-cv-04900-SSC 15 individual, 16 STIPULATED PROTECTIVE ORDER1 Plaintiff, 17

18 vs.

19 NISSAN NORTH AMERICA, INC., a 20 Delaware Corporation, and DOES 1 through 10, inclusive, 21

22 Defendants.

23 1. INTRODUCTION 24 1.1 Purposes and Limitations. Discovery in this action is likely to involve 25 production of confidential, proprietary, or private information for which special 26 27 protection from public disclosure and from use for any purpose other than prosecuting 1 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 2 petition the court to enter the following Stipulated Protective Order. The parties 3 acknowledge that this Order does not confer blanket protections on all disclosures or 4 responses to discovery and that the protection it affords from public disclosure and 5 use extends only to the limited information or items that are entitled to confidential 6 treatment under the applicable legal principles. 7 1.2 Good Cause Statement. 8 This action is likely to involve trade secrets, customer and pricing lists and 9 other valuable research, development, commercial, financial, technical and/or 10 proprietary information for which special protection from public disclosure and from 11 use for any purpose other than prosecution of this action is warranted. Such 12 confidential and proprietary materials and information consist of, among other things, 13 confidential business or financial information, information regarding confidential 14 business practices, or other confidential research, development, or commercial 15 information (including information implicating privacy rights of third parties), 16 information otherwise generally unavailable to the public, or which may be privileged 17 or otherwise protected from disclosure under state or federal statutes, court rules, case 18 decisions, or common law. Accordingly, to expedite the flow of information, to 19 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 20 to adequately protect information the parties are entitled to keep confidential, to 21 ensure that the parties are permitted reasonable necessary uses of such material in 22 preparation for and in the conduct of trial, to address their handling at the end of the 23 litigation, and serve the ends of justice, a protective order for such information is 24 justified in this matter. It is the intent of the parties that information will not be 25 designated as confidential for tactical reasons and that nothing be so designated 26 without a good faith belief that it has been maintained in a confidential, non-public 27 manner, and there is good cause why it should not be part of the public record of this 1 case. 2 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties 3 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 4 Order does not entitle them to file confidential information under seal; Local Rule 79- 5 5 sets forth the procedures that must be followed and the standards that will be applied 6 when a party seeks permission from the court to file material under seal. 7 There is a strong presumption that the public has a right of access to judicial 8 proceedings and records in civil cases. In connection with non-dispositive motions, 9 good cause must be shown to support a filing under seal. See Kamakana v. City and 10 Cnty. of Honolulu,

447 F.3d 1172

, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd 11 v. Gen. Motors Corp.,

307 F.3d 1206

, 1210–11 (9th Cir. 2002), Makar-Welbon v. 12 Sony Elecs., Inc.,

187 F.R.D. 576, 577

(E.D. Wis. 1999) (even stipulated protective 13 orders require good cause showing), and a specific showing of good cause or 14 compelling reasons with proper evidentiary support and legal justification, must be 15 made with respect to Protected Material that a party seeks to file under seal. The 16 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 17 does not—without the submission of competent evidence by declaration, 18 establishing that the material sought to be filed under seal qualifies as confidential, 19 privileged, or otherwise protectable—constitute good cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the 22 relief sought shall be narrowly tailored to serve the specific interest to be protected. 23 See Pintos v. Pac. Creditors Ass’n,

605 F.3d 665

, 677–79 (9th Cir. 2010). For each 24 item or type of information, document, or thing sought to be filed or introduced under 25 seal in connection with a dispositive motion or trial, the party seeking protection 26 must articulate compelling reasons, supported by specific facts and legal 27 the application to file documents under seal must be provided by declaration. 1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. 3 If documents can be redacted, then a redacted version for public viewing, omitting 4 only the confidential, privileged, or otherwise protectable portions of the document, 5 shall be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7

8 2. DEFINITIONS 9 10 2.1 Action: this pending federal lawsuit, Erika Vanessa Avalos v. Nissan 11 North America, Inc., Case No. 2:25-cv-04900-SSC. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 19 support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless of 24 the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as 1 an expert witness or as a consultant in this Action. 2 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in 3 this Action, with or without prejudice; and (2) final judgment herein after the 4 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 5 this Action, including the time limits for filing any motions or applications for 6 extension of time pursuant to applicable law. 7 2.9 In-House Counsel: attorneys who are employees of a party to this Action. 8 In-House Counsel does not include Outside Counsel of Record or any other outside 9 counsel. 10 2.10 Non-Party: any natural person, partnership, corporation, association, or 11 other legal entity not named as a Party to this action. 12 13 2.11 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm which 16 has appeared on behalf of that party, and includes support staff. 17 2.12 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.14 Professional Vendors: persons or entities that provide litigation- support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.15 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” from a Producing Party. 1

2 3. SCOPE 3 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Stipulated Protective Order does not govern the use of Protected 11 Material at trial. 12 13 4. TRIAL AND DURATION 14 The terms of this Stipulated Protective Order apply through Final Disposition 15 of the Action. 16 Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and 18 used or introduced as an exhibit at trial becomes public and will be presumptively 19 available to all members of the public, including the press, unless compelling reasons 20 supported by specific factual findings to proceed otherwise are made to the trial judge 21 in advance of the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good 22 cause” showing for sealing documents produced in discovery from “compelling 23 reasons” standard when merits-related documents are part of court record). 24 Accordingly, for such materials, the terms of this Stipulated Protective Order do not 25 extend beyond the commencement of the trial. 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 Party agrees otherwise in writing or a court order otherwise directs. 1

2 5. DESIGNATING PROTECTED MATERIAL 3 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under this 6 Order must take care to limit any such designation to specific material that qualifies 7 under the appropriate standards. The Designating Party must designate for protection 8 only those parts of material, documents, items, or oral or written communications that 9 qualify so that other portions of the material, documents, items, or communications 10 for which protection is not warranted are not swept unjustifiably within the ambit of 11 this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), 22 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies 23 for protection under this Stipulated Protective Order must be clearly so designated 24 before the material is disclosed or produced. 25 Designation in conformity with this Stipulated Protective Order requires: 26 (a) for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend 1 “CONFIDENTIAL” to each page that contains protected material. If only a portion 2 or portions of the material on a page qualifies for protection, the Producing Party 3 also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all of the material made available for inspection shall be 9 deemed CONFIDENTIAL. After the inspecting Party has identified the documents 10 it wants copied and produced, the Producing Party must determine which documents, 11 or portions thereof, qualify for protection under this Stipulated Protective Order. 12 Then, before producing the specified documents, the Producing Party must affix the 13 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 14 portion or portions of the material on a page qualifies for protection, the Producing 15 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 16 markings in the margins). 17 (b) for testimony given in depositions that the Designating Party identify 18 the Disclosure or Discovery Material on the record, before the close of the deposition 19 all protected testimony. 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, that the Producing Party affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the 23 “CONFIDENTIAL” legend. If only a portion or portions of the information warrants 24 protection, the Producing Party, to the extent practicable, shall identify the protected 25 portion(s). 26 27 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent Designating Party’s right to secure protection under this Order for such material. 1 Upon timely correction of a designation, the Receiving Party must make reasonable 2 efforts to assure that the material is treated in accordance with the provisions of this 3 Stipulated Protective Order. 4

5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time that is consistent with the court’s 9 Scheduling Order. 10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 11 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge 12 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”2 13 6.3 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper 15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 16 may expose the Challenging Party to sanctions. Unless the Designating Party has 17 waived or withdrawn the confidentiality designation, all parties shall continue to 18 afford the material in question the level of protection to which it is entitled under the 19 Producing Party’s designation until the court rules on the challenge. 20 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this 24 Action only for prosecuting, defending, or attempting to settle this Action. Such 25 Protected Material may be disclosed only to the categories of persons and under the 26

27 2 Judge Christensen’s Procedures are available at conditions described in this Order. When the Action reaches a Final Disposition, a 1 Receiving Party must comply with the provisions of section 13 below. 2 Protected Material must be stored and maintained by a Receiving Party at a 3 location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Stipulated Protective Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 6 otherwise ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only: 9 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as 10 well as employees of said Outside Counsel of Record to whom it is reasonably 11 necessary to disclose the information for this Action; 12 (b) to the officers, directors, and employees (including House Counsel) of 13 the Receiving Party to whom disclosure is reasonably necessary for this Action; 14 15 (c) to Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) to the court and its personnel; 19 (e) to court reporters and their staff; 20 (f) to professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) to the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, to witnesses, and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party 27 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” information unless they sign the “Acknowledgment and Agreement to Be Bound” 1 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 2 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 3 Protected Material may be separately bound by the court reporter and may not be 4 disclosed to anyone except as permitted under this Stipulated Protective Order; and 5 (i) to any mediator or settlement officer, and their supporting personnel, 6 mutually agreed upon by any of the parties engaged in settlement discussions. 7

8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 9 PRODUCED IN OTHER LITIGATION 10 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification shall 15 include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or order 17 to issue in the other litigation that some or all of the material covered by the subpoena 18 or order is subject to this Protective Order. Such notification shall include a copy of 19 this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be pursued 21 by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served 23 with the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party shall bear the burden and expense of seeking 27 protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action 1 to disobey a lawful directive from another court. 2

3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 9.1 Application. The terms of this Stipulated Protective Order are applicable 6 to information produced by a Non-Party in this Action and designated as 7 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with 8 this litigation is protected by the remedies and relief provided by this Order. Nothing 9 in these provisions should be construed as prohibiting a Non-Party from seeking 10 additional protections. 11 12 9.2 Notification. In the event that a Party is required, by a valid discovery 13 request, to produce a Non-Party’s confidential information in its possession, and the 14 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (a) promptly notify in writing the Requesting Party and the Non-Party that 17 some or all of the information requested is subject to a confidentiality agreement with 18 a Non-Party; 19 (b) make the information requested available for inspection by the Non- 20 Party, if requested. 21 9.3 Conditions of Production. If the Non-Party fails to seek a protective 22 order from this court within 14 days of receiving the notice and accompanying 23 information, the Receiving Party may produce the Non-Party’s confidential 24 information responsive to the discovery request. If the Non-Party timely seeks a 25 protective order, the Receiving Party shall not produce any information in its 26 possession or control that is subject to the confidentiality agreement with the Non- 27 Party before a determination by the court. Absent a court order to the contrary, the Protected Material. 1

2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 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 efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” (Exhibit A). 12 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B) of the 18 Federal Rules of Civil Procedure. This provision is not intended to modify whatever 19 procedure may be established in an e-discovery order that provides for production 20 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal Rules 21 of Evidence, insofar as the parties reach an agreement on the effect of disclosure of 22 a communication or information covered by the attorney-client privilege or work 23 product protection, the parties may incorporate their agreement in the stipulated 24 protective order submitted to the court. 25

26 27 12. MISCELLANEOUS 1 2 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order 3 abridges the right of any person to seek its modification by the court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Stipulated Protective Order no Party waives any right it otherwise would have to 6 object to disclosing or producing any information or item on any ground not 7 addressed in this Stipulated Protective Order. Similarly, no Party waives any right 8 to object on any ground to use in evidence of any of the material covered by this 9 Stipulated Protective Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Rule 79-5. Protected Material may only 12 be filed under seal pursuant to a court order authorizing the sealing of the specific 13 Protected Material at issue. If a Party's request to file Protected Material under seal 14 is denied by the court, then the Receiving Party may file the information in the public 15 record unless otherwise instructed by the court. 16 17 13. FINAL DISPOSITION 18 After the Final Disposition of this Action, as defined in paragraph 4, within 19 60 days of a written request by the Designating Party, each Receiving Party must 20 return all Protected Material to the Producing Party or destroy such material. As 21 used in this subdivision, “all Protected Material” includes all copies, abstracts, 22 compilations, summaries, and any other format reproducing or capturing any of the 23 Protected Material. Whether the Protected Material is returned or destroyed, the 24 Receiving Party must submit a written certification to the Producing Party (and, if 25 not the same person or entity, to the Designating Party) by the 60 day deadline that 26 (1) identifies (by category, where appropriate) all the Protected Material that was 27 returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or 1 capturing any of the Protected Material. Notwithstanding this provision, Counsel is 2 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 3 and hearing transcripts, legal memoranda, correspondence, deposition and trial 4 exhibits, expert reports, attorney work product, and consultant and expert work 5 product, even if such materials contain Protected Material. Any such archival copies 6 that contain or constitute Protected Material remain subject to this Protective Order 7 as set forth in Section 4. 8 9 14. VIOLATION 10 Any violation of this Stipulated Protective Order may be punished by any and 11 all appropriate measures including, without limitation, contempt proceedings and/or 12 monetary sanctions. 13

14

15 16 17 18 19 20 21 22 23 24 25 26 27 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 QUILL & ARROW, L.L.P. 4 5 || DATED: 09/08/25 /s/ Long Cao 6 LONG CAO 7 Attorney for Plaintiff g ERIKA VANESSA AVALOS 9 10 SHOOK, HARDY & BACON L.L.P. 12 13 14 || DATED: September 8, 2025 /s/ Kristine Avena 15 AMIR NASSIHI JAMES FEEN 16 EY KRISTINE AVENA

18 Attorneys for Defendant NISSAN NORTH AMERICA, INC. 19 20 21 22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24 || DATED: September 8, 2025 25 STEPHANIE S. CHRISTENSEN 36 United States Magistrate Judge 27 28

EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under 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 Erika Vanessa Avalos v. Nissan North American, Inc., 8 Case No. 2:25-cv-04900-SSC. I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person 13 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 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint _______________________ [print or 18 type full name] of _________________________________________________ 19 [print or type full address and telephone number] as my California agent for 20 service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated Protective Order. 22 23 Date: ___________________________ 24 City and State where sworn and signed: ___________________________ 25 Printed name: ___________________________ 26 Signature: ___________________________ 27

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