Angelo Self v. City of Palm Springs

1 jJeErRryRstYee Lri.n SgT@EyEaRhoINo.Gco, mB a r No. 22509 2 LAW OFFICE OF JERRY L. STEERING 4063 Birch Street, Suite 100 3 Newport Beach, CA 92660 Telephone: (949) 474-1849 4 Facsimile: (949) 474-1883 5 GREGORY PEACOCK, Bar No. 277669 gregorypeacockesq@gmail.com 6 LAW OFFICE OF GREGORY PEACOCK 4425 Jamboree Road, Suite 130 7 Newport Beach, CA 92660 Telephone: (949) 292-7478 [8] Attorneys for Plaintiff 9 ANGELO SELF 10 RICHARD T. EGGER, Bar No. 162581 richard.egger@bbklaw.com 11 MICHAEL J. THIES, Bar No. 323666 michael.thies@bbklaw.com 12 BEST BEST & KRIEGER LLP 2855 E. Guasti Road, Suite 400 13 Ontario, California 91761 Telephone: (909) 989-8584 14 Facsimile: (909) 944-1441 15 Attorneys for Defendants PAOLA RAMOS and 16 JONATHAN CABRERA 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA [19] 20 ANGELO SELF, Case No. 5:21-cv-01879-JWH (SPx) 21 Plaintiff, DISCOVERY MATTER 22 v. STIPULATED PROTECTIVE ORDER 23 CITY OF PALM SPRINGS; PAOLA RAMOS; JONATHAN CABRERA; and [24] DOES 1 through 10, inclusive, [25] Defendants. [28] 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 be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. The parties further acknowledge, as set forth in Section 11 11.3, below, that this Stipulated Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 13 that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This action will involve confidential and sensitive information for which 17 special protection from public disclosure and from use for any purpose other than 18 prosecution of this action is warranted. Such confidential and sensitive information 19 will likely consist of, among, other things, peace officer personnel records. These 20 records are confidential and privileged under California State law. California Penal 21 Code §§ 832.7 and 832.8; California Evidence Code § 1043 et seq. They are 22 conditionally privileged under federal common law. Miller v. Pancucci, 141 F.R.D. 23 292, 299 (C.D. Cal. 1992) (quoting Sanchez v. City of Santa Ana, 936 F.2d 1027 , 24 1033 (9th Cir. 1990) [“Federal common law recognized a qualified privilege for 25 official information. (Citation Omitted.) Government personnel files are considered 26 official information.”]). Federal courts also recognize a constitutionally based right 27 of privacy in relation to personnel records. Keith H. v. Long Beach Unified School 28 Dist., 228 F.R.D. 652, 657 (C.D. Cal. 2005). Accordingly, numerous courts have held 1 such information is to be produced subject to a “tightly drawn” protective order. 2 Kelly v. City of San Jose, 113 F.R.D. 653, 666 (N.D. Cal. 1987); Miller, 141 F.R.D. 3 at 301 ; Soto v. City of Concord, 162 F.R.D. 603, 614 (N.D. Cal. 1995.) 4 In addition to peace officer personnel records, this action will likely involve 5 other confidential or sensitive information, including police and fire investigative 6 reports, and medical records, that are generally unavailable to the public, or which 7 may be privileged or otherwise protected from disclosure under state or federal 8 statutes, court rules, case decisions, or common law. 9 Use or disclosure of the information produced in this action for purposes other 10 than prosecution or defense of the case will likely result in harm to the persons to 11 whom the information relates because it will result in a loss of privacy and may cause 12 undue harassment, embarrassment, or other harm. 13 As a result, in order to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over confidentiality of discovery materials, to adequately 15 protect information the parties are entitled to keep confidential, to ensure that the 16 parties are permitted reasonable necessary uses of such material in preparation for 17 and in the conduct of trial, to address their handling at the end of the litigation, and 18 serve the ends of justice, a protective order for such information is justified in this 19 matter. It is the intent of the parties that information will not be designated as 20 confidential for tactical reasons and that nothing be so designated without a good 21 faith belief that it has been maintained in a confidential, non-public manner, and there 22 is good cause why it should not be part of the public record of this case. 23 1. DEFINITIONS 24 1.1 Action: this pending federal law suit. 25 1.2 Challenging Party: a Party or Non-Party that challenges the designation 26 of information or items under this Order. 27 1.3 “CONFIDENTIAL” Information or Items: information (regardless of 28 how it is generated, stored or maintained) or tangible things that qualify for protection 1 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 2 Cause Statement. 3 1.4 Counsel: Outside Counsel of Record and House Counsel (as well as 4 their support staff). 5 1.5 Designating Party: a Party or Non-Party that designates information or 6 items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL.” 8 1.6 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced or 11 generated in disclosures or responses to discovery in this matter. 12 1.7 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as 14 an expert witness or as a consultant in this Action. 15 1.8 House Counsel: attorneys who are employees of a party to this Action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 1.9 Non-Party: any natural person, partnership, corporation, association, or 19 other legal entity not named as a Party to this action. 20 1.10 Outside Counsel of Record: attorneys who are not employees of a party 21 to this Action but are retained to represent or advise a party to this Action and have 22 appeared in this Action on behalf of that party or are affiliated with a law firm which 23 has appeared on behalf of that party, and includes support staff. 24 1.11 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 1.12 Producing Party: a Party or Non-Party that produces Disclosure or 28 Discovery Material in this Action. 1 1.13 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 1.14 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL.” 7 1.15 Receiving Party: a Party that receives Disclosure or Discovery Material 8 from a Producing Party. 9 2. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the 16 trial judge. This Order does not govern the use of Protected Material at trial. 17 3. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed the later of (1) dismissal of all claims and defense in this Action, with or 22 without prejudice; and (2) final judgment herein after the completion and exhaustion 23 of all appeals, rehearing, remands, trials, or reviews of this Action, including the time 24 limits for filing any motions or applications for extensions of time pursuant to 25 applicable law. 26 4. DESIGNATING PROTECTED MATERIAL 27 4.1 Exercise of Restraint and Care in Designating Material for Protection. 28 Each Party or Non-Party that designates information or items for protection under 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items, or oral or written 4 communications that qualify so that other portions of the material, documents, items, 5 or communications for which protection is not warranted are not swept unjustifiably 6 within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating 11 Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 4.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., section 5.3 and second paragraph of section 5.2(a) below), or as 17 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 18 protection under this Order must be clearly so designated before the material is 19 disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 25 contains protected material. If only a portion or portions of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the margins). 28 A Party or Non-Party that makes original documents available for inspection 1 need not designate them for protection until after the inspecting Party has indicated 2 which documents it would like copied and produced. During the inspection and 3 before the designation, all of the material made available for inspection shall be 4 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 5 it wants copied and produced, the Producing Party must determine which documents, 6 or portions thereof, qualify for protection under this Order. Then, before producing 7 the specified documents, the Producing Party must affix the “CONFIDENTIAL 8 legend” to each page that contains Protected Material. If only a portion or portions 9 of the material on a page qualifies for protection, the Producing Party also must 10 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 11 margins). 12 (b) for testimony given in depositions that the Designating Party 13 identify the Disclosure or Discovery Material on the record, before the close of the 14 deposition all protected testimony. 15 (c) for information produced in some form other than documentary 16 and for any other tangible items, that the Producing Party affix in a prominent place 17 on the exterior of the container or containers in which the information is stored the 18 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 19 protection, the Producing Party, to the extent practicable, shall identify the protected 20 portion(s). 21 4.3 Designation of Previously Produced Documents. Within fourteen (14) 22 days of the entry of this Order, or within such longer time period as the Parties agree 23 to, a Party that has produced Disclosure or Discovery Material before the effective 24 date of this protective order may retroactively designate appropriate Disclosure or 25 Discovery Material for protection under this Order. 26 To retroactively designate Disclosure or Discovery Material, the Producing 27 Party shall: 28 (1) inform the Receiving Party of the Bates numbers or number ranges of the 1 previously produced Disclosure or Discovery Material, and the Receiving Party shall, 2 after receipt of the replacement images as detailed in (2) below, thereafter destroy or 3 segregate these documents; and 4 (2) provide replacement versions or pages of the previously produced 5 Disclosure or Discovery Material with confidentiality designations made in 6 conformance with the requirements of Section 5.2, above. 7 4.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive 9 the Designating Party’s right to secure protection under this Order for such material. 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 efforts to assure that the material is treated in accordance with the provisions of this 12 Order. 13 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 5.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 5.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37.1 et seq. 19 5.3 The burden of persuasion in any such challenge proceeding shall be on 20 the Designating Party. Frivolous challenges, and those made for an improper purpose 21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 22 expose the Challenging Party to sanctions. Unless the Designating Party has waived 23 or withdrawn the confidentiality designation, all parties shall continue to afford the 24 material in question the level of protection to which it is entitled under the Producing 25 Party’s designation until the Court rules on the challenge. 26 6. ACCESS TO AND USE OF PROTECTED MATERIAL 27 6.1 Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this 1 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a Receiving 4 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 6.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, 13 as well as employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) 16 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and 23 Professional Vendors to whom disclosure is reasonably necessary for this Action and 24 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information 26 or a custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses , and attorneys for witnesses, 28 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 1 party requests that the witness sign or agree on the record to abide by the form 2 attached as Exhibit A hereto; and (2) they will not be permitted to keep any 3 confidential information unless they sign the “Acknowledgment and Agreement to 4 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 5 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 6 reveal Protected Material may be separately bound by the court reporter and may not 7 be disclosed to anyone except as permitted under this Stipulated Protective Order; 8 (i) any mediator or settlement officer, and their supporting 9 personnel, mutually agreed upon by any of the Parties engaged in settlement 10 discussions; and 11 (j) as agreed to in writing by the Parties 12 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 13 IN OTHER LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation 15 that compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 (a) promptly notify in writing the Designating Party. Such 18 notification shall include a copy of the subpoena or court order; 19 (b) promptly notify in writing the Party who caused the subpoena or 20 order to issue in the other litigation that some or all of the material covered by the 21 subpoena or order is subject to this Protective Order. Such notification shall include 22 a copy of this Stipulated Protective Order; and 23 (c) cooperate with respect to all reasonable procedures sought to be 24 pursued by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 the subpoena or court order shall not produce any information designated in this 27 action as “CONFIDENTIAL” before a determination by the court from which the 28 subpoena or order issued, unless the Party has obtained the Designating Party’s 1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 8. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced 8 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 9 information produced by Non-Parties in connection with this litigation is protected 10 by the remedies and relief provided by this Order. Nothing in these provisions should 11 be construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, 13 to produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: 16 (1) promptly notify in writing the Requesting Party and the 17 Non-Party that some or all of the information requested is subject to a confidentiality 18 agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the 20 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 21 reasonably specific description of the information requested; and 22 (3) make the information requested available for inspection by 23 the Non-Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this court 25 within 14 days of receiving the notice and accompanying information, the Receiving 26 Party may produce the Non-Party’s confidential information responsive to the 27 discovery request. If the Non-Party timely seeks a protective order, the Receiving 28 Party shall not produce any information in its possession or control that is subject to 1 the confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 3 of seeking protection in this court of its Protected Material. 4 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 10. 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 Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 may be established in an e-discovery order that provides for production without prior 20 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 21 parties reach an agreement on the effect of disclosure of a communication or 22 information covered by the attorney-client privilege or work product protection, the 23 parties may incorporate their agreement in the stipulated protective order submitted 24 to the court. 25 11. MISCELLANEOUS 26 11.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. [28] 1 11.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 11.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 8 only be filed under seal pursuant to a court order authorizing the sealing of the 9 specific Protected Material at issue. If a Party’s request to file Protected Material 10 under seal is denied by the court, then the Receiving Party may file the information 11 in the public record unless otherwise instructed by the court. 12 12. FINAL DISPOSITION 13 After the final disposition of this Action, as defined in paragraph 4, within 60 14 days of a written request by the Designating Party, each Receiving Party must return 15 all Protected Material to the Producing Party or destroy such material. As used in this 16 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected 18 Material. Whether the Protected Material is returned or destroyed, the Receiving 19 Party must submit a written certification to the Producing Party (and, if not the same 20 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 21 (by category, where appropriate) all the Protected Material that was returned or 22 destroyed and (2) affirms that the Receiving Party has not retained any copies, 23 abstracts, compilations, summaries or any other format reproducing or capturing any 24 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 25 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 26 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 27 reports, attorney work product, and consultant and expert work product, even if such 28 materials contain Protected Material. Any such archival copies that contain or 1 constitute Protected Material remain subject to this Protective Order as set forth in 2 Section 4 (DURATION). 3 13. 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] 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [8] LAW OFFICES OF JERRY L. 9 Dated: July 26, 2023 STEERING AND GREGORY PEACOCK [10] 11 By: /s/ Gregory Peacock JERRY L. STEERING 12 GREGORY PEACOCK Attorneys for Plaintiff 13 ANGELO SELF [14] 15 BEST BEST & KRIEGER LLP 16 Dated: July 26, 2023 By: /s/ Michael J. Thies 17 RICHARD T. EGGER MICHAEL J. THIES 18 Attorneys for Defendants PAOLA RAMOS and 19 JONATHAN CABRERA [21] 22 FOR GOOD CAUSE, IT IS SO ORDERED. [24] _August 1, 2023______ _____________________________________ 25 Date Honorable Sheri Pym United States Magistrate Judge 26 Central District of California [28] 1 SIGNATURE ATTESTATION 2 Pursuant to Local Rule 5-4.3.4, I hereby attest that all signatories listed 3 above, on whose behalf this stipulation is submitted, concur in the filing’s content 4 and have authorized the filing. [5] 6 Dated: July 26, 2023 BEST BEST & KRIEGER LLP [7] 8 By: /s/ Michael J. Thies 9 RICHARD T. EGGER MICHAEL J. THIES [10] Attorneys for Defendants 11 PAOLA RAMOS and JONATHAN CABRERA [28] 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND [3] 4 I, ________________________ [print or type full name], of 5 ________________________ [print or type full address], declare under penalty of 6 perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District of 8 California on ____________ [date] in the case of SELF v. CITY OF PALM 9 SPRINGS, ET AL, Case No. 5:21-cv-01879-JWH (SPx). I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions 12 and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. I further agree to submit to the jurisdiction of the United 16 States District Court for the Central District of California for the purpose of 17 enforcing the terms of this Stipulated Protective Order, even if such enforcement 18 proceedings occur after termination of this action. I hereby appoint 19 ________________________ [print or type full name] of 20 ________________________ [print or type full address and telephone number] as 21 my California agent for service of process in connection with this action or any 22 proceedings related to enforcement of this Stipulated Protective Order. [23] 24 Date: _______________________________ 25 City and State where sworn and signed: ___________________________ [26] Printed name: _____________________ [27] 28 Signature: __________________________