Catalina Yachts, Inc. v. Sharon Day

1 || THE LAW OFFICES OF DANIEL A. KAPLAN Daniel A. Kaplan (SBN 179517) 2 || 555 West Beech Street, Suite 500 San Dicgo, CA 92101 3 || Tel: (61 □ 685-3988 Fax: (61 ) 684-3239 4 || Email: dkaplan@danielkaplanlaw.com 5 || PANAKOS LAW, APC Aaron D. Sadock Esq. (SBN 28213 1) 6 || Veronica E. McKnight, Esq. (SBN 306562) 555 West Beech Street, Suite 500 7 || San Diego, California 92101 Telephone: (619) 800-0529 8 || Email: asadock@panakoslaw.com 9 Email: bmcknight@panakoslaw.com Attorneys for Defendant 10 GERARD DOUGLAS 11 || Additional counsel listed on next page [12] 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION [15] 16 || CATALINA YACHTS, INC., a Case No. 2:25-cv-04090-SVW-RAO 17 California corporation, 18 Plaintiff, STIPULATED PROTECTIVE Vv. ORDER [19] 20 || SHARON DAY, an individual; Dis. Judge: Hon. Stephen V. Wilson 1 GERARD DOUGLAS, an individual; Mag. Judge: Hon. Rozella A. Oliver and DOES 1 through 10, inclusive, Courtroom: 10A 22 Action Filed: May 7, 2025 23 Defendants. [28] STIPULATED PROTECTIVE ORDER Doc ID: ¢48ce69b02305F1 □□□□□□□□□□□□□□□□□□□□□□□□□ 1 || Michael C. Lieb (SBN 126831) mlieb@ecilaw com 2 || Zoe M. Vallier (SBN 324324) zvallier@ecjlaw.com 3 || ERVIN EN & JESSUP LLP 9401 Wilshire Boulevard, Twelfth Floor 4 || Beverly Hills, California 90212-2974 Telephone: G 10) 273-6333 5 || Facsimile: (310) 859-2325 6 Attorneys for Plaintiff 7 CATALINA YACHTS, INC. 8 || SHUMAKER, LOOP & KENDRICK, LLP Steven M. Berman (SBN 256846) 9 sberman@shumaker.com 101 East Kennedy Boulevard, Suite 2800 10 || Tampa, Florida 33602 Telephone: (813) 229-7600 11 |! Facsimile: (813) 229-1660 . 12 || Attorney for Defendant 3 SHARON DAY [28] -2STIPULATED PROTECTIVE ORDER Doc ID: ¢48cc69b02305f1 □□□□□□□□□□□□□□□□□□□□□□□□□ 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 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, development, commercial, 13 financial, technical and/or proprietary information for which special protection 14 from public disclosure and from use for any purpose other than prosecution of this 15 action is warranted. Such confidential and proprietary materials and information 16 consist of, among other things, confidential business or financial information, 17 information regarding confidential business practices, or other confidential 18 research, development, or commercial information (including information 19 implicating privacy rights of third parties), information otherwise generally 20 unavailable to the public, or which may be privileged or otherwise protected from 21 disclosure under state or federal statutes, court rules, case decisions, or common 22 law. Specifically, the parties are aware that confidentiality provisions exist within 23 documents related to the sale of certain assets from Catalina Yachts, Inc. Given the 24 sensitive business and financial information contained therein, the Parties agree 25 this protective order is necessary. Accordingly, to expedite the flow of information, 26 to facilitate the prompt resolution of disputes over confidentiality of discovery 27 materials, to adequately protect information the parties are entitled to keep 1 such material in preparation for and in the conduct of trial, to address their 2 handling at the end of the litigation, and serve the ends of justice, a protective order 3 for such information is justified in this matter. It is the intent of the parties that 4 information will not be designated as confidential for tactical reasons and that 5 nothing be so designated without a good faith belief that it has been maintained in 6 a confidential, non-public manner, and there is good cause why it should not be 7 part of the public record of this case. 8 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 9 SEAL 10 The parties further acknowledge, as set forth in Section 12.3, below, that 11 this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 13 be followed and the standards that will be applied when a party seeks permission 14 from the court to file material under seal. 15 There is a strong presumption that the public has a right of access to judicial 16 proceedings and records in civil cases. In connection with non-dispositive 17 motions, good cause must be shown to support a filing under seal. See Kamakana 18 v. City and County of Honolulu, 447 F.3d 1172 , 1176 (9th Cir. 2006); Phillips v. 19 Gen. Motors Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002); Makar-Welbon v. 20 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 21 protective orders require good cause showing), and a specific showing of good 22 cause or compelling reasons with proper evidentiary support and legal justification, 23 must be made with respect to Protected Material that a party seeks to file under 24 seal. The parties’ mere designation of Disclosure or Discovery Material as 25 CONFIDENTIAL does not—without the submission of competent evidence by 26 declaration, establishing that the material sought to be filed under seal qualifies as 27 confidential, privileged, or otherwise protectable—constitute good cause. 1 Further, if a party requests sealing related to a dispositive motion or trial, 2 then compelling reasons, not only good cause, for the sealing must be shown, and 3 the relief sought shall be narrowly tailored to serve the specific interest to be 4 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 5 2010). For each item or type of information, document, or thing sought to be filed 6 or introduced under seal in connection with a dispositive motion or trial, the party 7 seeking protection must articulate compelling reasons, supported by specific facts 8 and legal justification, for the requested sealing order. Again, competent evidence 9 supporting the application to file documents under seal must be provided by 10 declaration. 11 Any document that is not confidential, privileged, or otherwise protectable 12 in its entirety will not be filed under seal if the confidential portions can be 13 redacted. If documents can be redacted, then a redacted version for public 14 viewing, omitting only the confidential, privileged, or otherwise protectable 15 portions of the document shall be filed. Any application that seeks to file 16 documents under seal in their entirety should include an explanation of why 17 redaction is not feasible. 18 2. DEFINITIONS 19 2.1 Action: Catalina Yachts, Inc. v. Sharon Day et al., Civil Action No. 20 2:25-cv-04090-SVW-RAO. 21 2.2 Challenging Party: a Party or Non-Party that challenges the 22 designation of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 24 how it is generated, stored or maintained) or tangible things that qualify for 25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 26 the Good Cause Statement. 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 1 2.5 Designating Party: a Party or Non-Party that designates information 2 or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things) that are produced 7 or generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a 9 matter pertinent to the litigation who has been retained by a Party or its counsel to 10 serve as an expert witness or as a consultant in this Action. 11 2.8 House Counsel: attorneys who are employees of a party to this 12 Action. House Counsel does not include Outside Counsel of Record or any other 13 outside counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association 15 or other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a 17 party to this Action but are retained to represent or advise a party to this Action 18 and have appeared in this Action on behalf of that party or are affiliated with a law 19 firm that has appeared on behalf of that party, and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 1 2.14 Protected Material: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery 4 Material from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this protective order used or 16 introduced as an exhibit at trial becomes public and will be presumptively 17 available to all members of the public, including the press, unless compelling 18 reasons supported by specific factual findings to proceed otherwise are made to the 19 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 20 (distinguishing “good cause” showing for sealing documents produced in 21 discovery from “compelling reasons” standard when merits-related documents are 22 part of court record). Accordingly, the terms of this protective order do not extend 23 beyond the commencement of the trial. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under 27 this Order must take care to limit any such designation to specific material that 1 for protection only those parts of material, documents, items or oral or written 2 communications that qualify so that other portions of the material, documents, 3 items or communications for which protection is not warranted are not swept 4 unjustifiably within the ambit of this Order. 5 Mass, indiscriminate or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to 8 impose unnecessary expenses and burdens on other parties) may expose the 9 Designating Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 3 documents it wants copied and produced, the Producing Party must determine 4 which documents, or portions thereof, qualify for protection under this Order. 5 Then, before producing the specified documents, the Producing Party must affix 6 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 7 only a portion of the material on a page qualifies for protection, the Producing 8 Party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). 10 (b) for testimony given in depositions that the Designating Party identifies 11 the Disclosure or Discovery Material on the record, before the close of the 12 deposition all protected testimony. 13 (c) for information produced in some form other than documentary and for 14 any other tangible items, that the Producing Party affix in a prominent place on the 15 exterior of the container or containers in which the information is stored the legend 16 “CONFIDENTIAL.” If only a portion or portions of the information warrants 17 protection, the Producing Party, to the extent practicable, shall identify the 18 protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items does not, standing alone, waive 21 the Designating Party’s right to secure protection under this Order for such 22 material. Upon timely correction of a designation, the Receiving Party must make 23 reasonable efforts to assure that the material is treated in accordance with the 24 provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 27 designation of confidentiality at any time that is consistent with the Court’s 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be 4 on the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that 13 is disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under 16 the conditions described in this Order. When the Action has been terminated, a 17 Receiving Party must comply with the provisions of section 13 below (FINAL 18 DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 27 as employees of said Outside Counsel of Record to whom it is reasonably 1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing 15 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 16 they will not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may 20 be separately bound by the court reporter and may not be disclosed to anyone 21 except as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 25 IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 1 (a) promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a copy 6 of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be pursued 8 by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served 10 with the subpoena or court order shall not produce any information designated in 11 this action as “CONFIDENTIAL” before a determination by the court from which 12 the subpoena or order issued, unless the Party has obtained the Designating Party’s 13 permission. The Designating Party shall bear the burden and expense of seeking 14 protection in that court of its confidential material and nothing in these provisions 15 should be construed as authorizing or encouraging a Receiving Party in this Action 16 to disobey a lawful directive from another court. 17 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 18 PRODUCED IN THIS LITIGATION 19 (a) The terms of this Order are applicable to information produced by a 20 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 21 produced by Non-Parties in connection with this litigation is protected by the 22 remedies and relief provided by this Order. Nothing in these provisions should be 23 construed as prohibiting a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s 27 confidential information, then the Party shall: 1 (1) promptly notify in writing the Requesting Party and the Non2 Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Stipulated Protective Order, the Receiving Party must immediately (a) 21 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 22 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 23 the person or persons to whom unauthorized disclosures were made of all the terms 24 of this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 26 A. 27 11 . INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 1 When a Producing Party gives notice to Receiving Parties that certain 2 inadvertently produced material is subject to a claim of privilege or other 3 protection, the obligations of the Receiving Parties are those set forth in Federal 4 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 5 whatever procedure may be established in an e-discovery order that provides for 6 production without prior privilege review. Pursuant to Federal Rule of Evidence 7 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 8 of a communication or information covered by the attorney-client privilege or 9 work product protection, the parties may incorporate their agreement in the 10 stipulated protective order submitted to the court. 11 12. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of 13 any person to seek its modification by the Court in the future. 14 12.2 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in 17 this Stipulated Protective Order. Similarly, no Party waives any right to object on 18 any ground to use in evidence of any of the material covered by this Protective 19 Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any 21 Protected Material must comply with Local Civil Rule 79-5. Protected Material 22 may only be filed under seal pursuant to a court order authorizing the sealing of the 23 specific Protected Material at issue. If a Party’s request to file Protected Material 24 under seal is denied by the court, then the Receiving Party may file the information 25 in the public record unless otherwise instructed by the court. 26 13. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in paragraph 4, within 1 return all Protected Material to the Producing Party or destroy such material. As 2 used in this subdivision, “all Protected Material” includes all copies, abstracts, 3 compilations, summaries, and any other format reproducing or capturing any of the 4 Protected Material. Whether the Protected Material is returned or destroyed, the 5 Receiving Party must submit a written certification to the Producing Party (and, if 6 not the same person or entity, to the Designating Party) by the 60 day deadline that 7 (1) identifies (by category, where appropriate) all the Protected Material that was 8 returned or destroyed and (2) affirms that the Receiving Party has not retained any 9 copies, abstracts, compilations, summaries or any other format reproducing or 10 capturing any of the Protected Material. Notwithstanding this provision, Counsel 11 are entitled to retain an archival copy of all pleadings, motion papers, trial, 12 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 13 and trial exhibits, expert reports, attorney work product, and consultant and expert 14 work product, even if such materials contain Protected Material. Any such 15 archival copies that contain or constitute Protected Material remain subject to this 16 Protective Order as set forth in Section 4 (DURATION). 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. [5] Dated: 07 / 21 / 2025 ERVIN COHEN & JESSUP LLP [6] 7 By: Vichael Lieb g Michael C. Lieb Attorneys for Plaintiff ? CATALINA YACHTS, INC. [10] Il || Dated: 07 / 20 / 2025 LAW OFFICES OF DANIEL A. KAPLAN Manel A kagl . an 13 By: oe Daniel A. Kaplan 14 Attorneys for Defendant 15 GERARD DOUGLAS [16] 17 || Dated: 7/20/2025 PANAKOS LAW, APC [18] By: // Veronica E. McKnight 19 Veronica E. McKnight 20 Attorneys for Defendant > GERARD DOUGLAS [22] 33 Dated: 7/25/2025 SHUMAKER, LOOP & KENDRICK LLP 24 By: /s/ Steven M. Berman 25 Steven M. Berman 5 Attorneys for Defendant 6 SHARON DAY [28] -16- 1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [2] 3 || DATED: 7/25/2025, 4 . s|Rayells, Or, OC 6 || United States Magistrate Judge [28] -17- 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 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 Catalina Yachts, Inc. v. Sharon Day et al., 8 Civil Action No. 2:25-cv-04090-SVW-RAO. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose 12 in any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint __________________________ [print or type full 19 name] of _______________________________________ [print or type full 20 address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ [25] 26 Printed name: _______________________________