Homeland Insurance Company of New York v. Progressive Power Group Inc.

[8] UNITED STATES DISTRICT COURT [9] CENTRAL DISTRICT OF CALIFORNIA [10] SOUTHERN DIVISION [11] HOMELAND INSURANCE Case No.: 8:19-cv-844-AG (JDEx) 12 COMPANY OF NEW YORK, [13] Plaintiff, 14 STIPULATED PROTECTIVE 15 vs. ORDER 16 PROGRESSIVE POWER GROUP, 17 INC., et al., 18 Defendant(s). [19] ROSS ALAN BUTCHER, et al., [20] 21 Cross Claimant(s), vs. [22] 23 STATE FARM MUTUAL 24 INSURANCE COMPANY, et al., 25 Cross Defendant(s). [26] Based on the parties’ stipulation (Dkt. 43), and good cause appearing [27] therefor, the Court finds and orders as follows: 1 1. 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 pursuing this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the 6 Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items that 10 are entitled to confidential treatment under the applicable legal principles. 11 2. GOOD CAUSE STATEMENT 12 The primary issue in this action is the existence of coverage under several 13 different liability insurance policies for an underlying liability lawsuit against 14 Defendants Ross Butcher and Progressive Power Group, Inc. (“PPG”) that is 15 currently pending in the State of Utah, entitled Ryan Butcher v. Ross Butcher, [16] et al., Millard County District Court, Case No. 190700008 (the “Underlying [17] Action”). [18] Defendants Nationwide Mutual Insurance Company (“Nationwide”) and [19] State Farm Mutual Automobile Insurance Company (“State Farm”) are [20] presently defending Ross Butcher and PPG in the Underlying Action pursuant [21] to two different liability insurance policies. Nationwide and State Farm have [22] been defending the Underlying Action since February 2019. Thus, the claim file [23] documents maintained by Nationwide and State Farm pertaining to the [24] automobile accident at issue in the Underlying Action contain sensitive [25] information pertaining to the defense of the Underlying Action, such as [26] assessments of liability, confidential communications with Ross Butcher, and [27] discussions about defense litigation strategy. The parties agree that this 1 information is discoverable for purposes of the present coverage action pending 2 before this Court. However, Nationwide and State Farm do not want the 3 Plaintiff in the Underlying Action (Ryan Butcher) to have access to this 4 information because that would severely compromise the ongoing defense. The 5 parties assert that California law recognizes that communications between a 6 liability insurer and its policyholder about a claim fall within the attorney-client 7 privilege.1 The parties contend that a liability insurer’s investigation and 8 handling of a claim against a policyholder, made for the primary purpose of 9 aiding in the defense of the claim, is privileged from disclosure to the claimant.2 10 Accordingly, to expedite the flow of information in discovery, to facilitate 11 the prompt resolution of disputes over confidentiality of discovery materials, to 12 adequately protect information the parties are entitled to keep confidential, to 13 ensure that the parties are permitted reasonable necessary uses of such material 14 in preparation for and in the conduct of trial, to address their handling at the 15 end of the litigation, and serve the ends of justice, a protective order for such 16 information is justified in this matter. It is the intent of the parties that 17 information will not be designated as confidential for tactical reasons and that 18 nothing be so designated without a good faith belief that it has been maintained 19 in a confidential, non-public manner, and there is good cause why it should not 20 be part of the public record of this case. [21] 1 / See Scripps Health vs. Sup. Ct., 109 Cal. App. 4th 529, 535 (2003) (“It has long [22] been recognized that communications made by an insured to his ‘liability insurance 23 company, concerning an event which may be made the basis of a claim against him covered by the policy, is a privileged communication, as being between attorney and [24] client, if the policy requires the company to defend him through its attorney, and the 25 communication is intended for the information or assistance of the attorney in so defending him.’”). [26] 2 / See Jessup v. Sup. Ct. in and for Santa Clara County, 151 Cal. App. 2d 102 , 107 [27] (1957) (explaining that such information remains “privileged until the possibility of 1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 2 PROCEDURE 3 The parties further acknowledge, as set forth in Section 14.3, below, that 4 this Stipulated Protective Order does not entitle them to file confidential 5 information under seal; Local Civil Rule 79-5 sets forth the procedures that 6 must be followed and the standards that will be applied when a party seeks 7 permission from the court to file material under seal. There is a strong 8 presumption that the public has a right of access to judicial proceedings and 9 records in civil cases. In connection with non-dispositive motions, good cause 10 must be shown to support a filing under seal. See Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 12 Motors Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 13 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 14 orders require good cause showing), and a specific showing of good cause or 15 compelling reasons with proper evidentiary support and legal justification, must [16] be made with respect to Protected Material that a party seeks to file under seal. [17] The parties’ mere designation of Disclosure or Discovery Material as [18] CONFIDENTIAL does not— without the submission of competent evidence [19] by declaration, establishing that the material sought to be filed under seal [20] qualifies as confidential, privileged, or otherwise protectable—constitute good [21] cause. [22] Further, if a party requests sealing related to a dispositive motion or trial, [23] then compelling reasons, not only good cause, for the sealing must be shown, [24] and the relief sought shall be narrowly tailored to serve the specific interest to be [25] protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. [26] 2010). For each item or type of information, document, or thing sought to be [27] filed or introduced under seal, the party seeking protection must articulate 1 compelling reasons, supported by specific facts and legal justification, for the 2 requested sealing order. Again, competent evidence supporting the application 3 to file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise 5 protectable in its entirety will not be filed under seal if the confidential portions 6 can be redacted. If documents can be redacted, then a redacted version for 7 public viewing, omitting only the confidential, privileged, or otherwise 8 protectable portions of the document, shall be filed. Any application that seeks 9 to file documents under seal in their entirety should include an explanation of 10 why redaction is not feasible. 11 4. DEFINITIONS 12 4.1 Action: this pending federal lawsuit. 13 4.2 Challenging Party: a Party or Non-Party that challenges the 14 designation of information or items under this Order. 15 4.3 “CONFIDENTIAL” Information or Items: information (regardless 16 of how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above 18 in the Good Cause Statement. [19] 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as [20] their support staff). [21] 4.5 Designating Party: a Party or Non-Party that designates [22] information or items that it produces in disclosures or in responses to discovery [23] as “CONFIDENTIAL.” [24] 4.6 Disclosure or Discovery Material: all items or information, [25] regardless of the medium or manner in which it is generated, stored, or [26] maintained (including, among other things, testimony, transcripts, and tangible [27] things), that are produced or generated in disclosures or responses to discovery. 1 4.7 Expert: a person with specialized knowledge or experience in a 2 matter pertinent to the litigation who has been retained by a Party or its counsel 3 to serve as an expert witness or as a consultant in this Action. 4 4.8 House Counsel: attorneys who are employees of a party to this 5 Action. House Counsel does not include Outside Counsel of Record or any 6 other outside counsel. 7 4.9 Non-Party: any natural person, partnership, corporation, 8 association or other legal entity not named as a Party to this action. 9 4.10 Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent a party to this Action and have 11 appeared in this Action on behalf of that party or are affiliated with a law firm 12 that has appeared on behalf of that party, and includes support staff. 13 4.11 Party: any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and 15 their support staffs). 16 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 4.13 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits 20 or demonstrations, and organizing, storing, or retrieving data in any form or [21] medium) and their employees and subcontractors. [22] 4.14 Protected Material: any Disclosure or Discovery Material that is [23] designated as “CONFIDENTIAL.” [24] 4.15 Receiving Party: a Party that receives Disclosure or Discovery [25] Material from a Producing Party in this Action. [27] 1 5. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of 8 the trial judge and other applicable authorities. This Order does not govern the 9 use of Protected Material at trial. 10 6. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or 13 introduced as an exhibit at trial becomes public and will be presumptively 14 available to all members of the public, including the press, unless compelling 15 reasons supported by specific factual findings to proceed otherwise are made to [16] the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180 -81 [17] (distinguishing “good cause” showing for sealing documents produced in [18] discovery from “compelling reasons” standard when merits-related documents [19] are part of court record). Accordingly, the terms of this protective order do not [20] extend beyond the commencement of the trial. [21] 7. DESIGNATING PROTECTED MATERIAL [22] 7.1 Exercise of Restraint and Care in Designating Material for [23] Protection. Each Party or Non-Party that designates information or [24] items for protection under this Order must take care to limit any such [25] designation to specific material that qualifies under the appropriate standards. [26] The Designating Party must designate for protection only those parts of [27] material, documents, items or oral or written communications that qualify so 1 that other portions of the material, documents, items or communications for 2 which protection is not warranted are not swept unjustifiably within the ambit 3 of this Order. 4 Mass, indiscriminate or routinized designations are prohibited. 5 Designations that are shown to be clearly unjustified or that have been made for 6 an improper purpose (e.g., to unnecessarily encumber the case development 7 process or to impose unnecessary expenses and burdens on other parties) may 8 expose the Designating Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items 10 that it designated for protection do not qualify for protection, that Designating 11 Party must promptly notify all other Parties that it is withdrawing the 12 inapplicable designation. 13 7.2 Manner and Timing of Designations. Except as otherwise provided 14 in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery 15 Material that qualifies for protection under this Order must be clearly so 16 designated before the material is disclosed or produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), that the Producing Party affix at a minimum, the legend [21] “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page [22] that contains protected material. If only a portion of the material on a page [23] qualifies for protection, the Producing Party also must clearly identify the [24] protected portion(s) (e.g., by making appropriate markings in the margins). [25] A Party or Non-Party that makes original documents available for [26] inspection need not designate them for protection until after the inspecting Party [27] has indicated which documents it would like copied and produced. During the 1 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 2 identified the documents it wants copied and produced, the Producing Party 3 must determine which documents, or portions thereof, qualify for protection 4 under this Order. Then, before producing the specified documents, the 5 Producing Party must affix the “CONFIDENTIAL legend” to each page that 6 contains Protected Material. If only a portion of the material on a page qualifies 7 for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party 10 identifies the Disclosure or Discovery Material on the record, before the close of 11 the deposition all protected testimony. 12 (c) for information produced in some form other than documentary 13 and for any other tangible items, that the Producing Party affix in a prominent 14 place on the exterior of the container or containers in which the information is 15 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 16 information warrants protection, the Producing Party, to the extent practicable, 17 shall identify the protected portion(s). 18 7.3 Inadvertent Failures to Designate. If timely corrected, an 19 inadvertent failure to designate qualified information or items does not, 20 standing alone, waive the Designating Party’s right to secure protection under [21] this Order for such material. Upon timely correction of a designation, the [22] Receiving Party must make reasonable efforts to assure that the material is [23] treated in accordance with the provisions of this Order. [27] 1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1 et seq. 7 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via 8 a joint stipulation pursuant to Local Rule 37-2. 9 8.4 The burden of persuasion in any such challenge proceeding shall be 10 on the Designating Party. Frivolous challenges, and those made for an 11 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 12 on other parties) may expose the Challenging Party to sanctions. Unless the 13 Designating Party has waived or withdrawn the confidentiality designation, all 14 parties shall continue to afford the material in question the level of protection to 15 which it is entitled under the Producing Party’s designation until the Court rules 16 on the challenge. [17] 9. ACCESS TO AND USE OF PROTECTED MATERIAL [18] 9.1 Basic Principles. A Receiving Party may use Protected Material [19] that is disclosed or produced by another Party or by a Non-Party in connection [20] with this Action only for prosecuting, defending or attempting to settle this [21] Action. Such Protected Material may be disclosed only to the categories of [22] persons and under the conditions described in this Order. When the Action has [23] been terminated, a Receiving Party must comply with the provisions of section [24] 15 below (FINAL DISPOSITION). [25] Protected Material must be stored and maintained by a Receiving Party at [26] a location and in a secure manner that ensures that access is limited to the [27] persons authorized under this Order. 1 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, 3 a Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, 6 as well as employees of said Outside Counsel of Record to whom it is 7 reasonably necessary to disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) 9 of the Receiving Party to whom disclosure is reasonably necessary for this 10 Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to 12 whom disclosure is reasonably necessary for this Action and who have signed 13 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff; 16 (f) professional jury or trial consultants, mock jurors, and 17 Professional Vendors to whom disclosure is reasonably necessary for this Action 18 and who have signed the “Acknowledgment and Agreement to Be Bound” 19 (Exhibit A); 20 (g) the author or recipient of a document containing the information [21] or a custodian or other person who otherwise possessed or knew the [22] information; [23] (h) during their depositions, witnesses, and attorneys for witnesses, [24] in the Action to whom disclosure is reasonably necessary provided: (1) the [25] deposing party requests that the witness sign the form attached as Exhibit A [26] hereto; and (2) they will not be permitted to keep any confidential information [27] unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 1 Pages of transcribed deposition testimony or exhibits to depositions that reveal 2 Protected Material may be separately bound by the court reporter and may not 3 be disclosed to anyone except as permitted under this Stipulated Protective 4 Order; and 5 (i) any mediators or settlement officers and their supporting 6 personnel, mutually agreed upon by any of the parties engaged in settlement 7 discussions. 8 9.3 Use of “CONFIDENTIAL” Information or Items at Mediation. 9 As of the date of this Order, the parties in this action have agreed to 10 participate in a private mediation with the parties from the Underlying Action. 11 This Order applies to, and will remain in effect during the course of, any 12 mediation proceedings. Thus, unless otherwise ordered by the court or 13 permitted in writing by the Designating Party, a Receiving Party may not 14 disclose any information or item designated “CONFIDENTIAL” to any 15 participant of a mediation who is not a Receiving Party or one of the individuals 16 listed above in Section 9.2. [17] 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 18 PRODUCED IN OTHER LITIGATION [19] If a Party is served with a subpoena or a court order issued in other [20] litigation that compels disclosure of any information or items designated in this [21] Action as “CONFIDENTIAL,” that Party must: [22] (a) promptly notify in writing the Designating Party. Such [23] notification shall include a copy of the subpoena or court order; [24] (b) promptly notify in writing the party who caused the subpoena or [25] order to issue in the other litigation that some or all of the material covered by [26] the subpoena or order is subject to this Protective Order. Such notification shall [27] include a copy of this Stipulated Protective Order; and 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. If 3 the Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which 6 the subpoena or order issued, unless the Party has obtained the Designating 7 Party’s permission. The Designating Party shall bear the burden and expense of 8 seeking protection in that court of its confidential material and nothing in these 9 provisions should be construed as authorizing or encouraging a Receiving Party 10 in this Action to disobey a lawful directive from another court. [11] 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO [12] BE PRODUCED IN THIS LITIGATION [13] (a) The terms of this Order are applicable to information produced [14] by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such [15] information produced by Non-Parties in connection with this litigation is [16] protected by the remedies and relief provided by this Order. Nothing in these [17] provisions should be construed as prohibiting a Non-Party from seeking [18] additional protections. [19] (b) In the event that a Party is required, by a valid discovery request, [20] to produce a Non-Party’s confidential information in its possession, and the [21] Party is subject to an agreement with the Non-Party not to produce the Non22 Party’s confidential information, then the Party shall: [23] (1) promptly notify in writing the Requesting Party and the Non24 Party that some or all of the information requested is subject to a confidentiality [25] agreement with a Non-Party; [26] (2) promptly provide the Non-Party with a copy of the Stipulated [27] Protective Order in this Action, the relevant discovery request(s), and a 1 reasonably specific description of the information requested; and 2 (3) make the information requested available for inspection by the 3 Non-Party, if requested. 4 (c) If the Non-Party fails to seek a protective order from this court 5 within 14 days of receiving the notice and accompanying information, the 6 Receiving Party may produce the Non-Party’s confidential information 7 responsive to the discovery request. If the Non-Party timely seeks a protective 8 order, the Receiving Party shall not produce any information in its possession or 9 control that is subject to the confidentiality agreement with the Non-Party 10 before a determination by the court. Absent a court order to the contrary, the 11 Non-Party shall bear the burden and expense of seeking protection in this court 12 of its Protected Material. 13 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 14 MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has 16 disclosed Protected Material to any person or in any circumstance not 17 authorized under this Stipulated Protective Order, the Receiving Party must [18] immediately (a) notify in writing the Designating Party of the unauthorized [19] disclosures, (b) use its best efforts to retrieve all unauthorized copies of the [20] Protected Material, (c) inform the person or persons to whom unauthorized [21] disclosures were made of all the terms of this Order, and (d) request such person [22] or persons to execute the “Acknowledgment an Agreement to Be Bound” [23] attached hereto as Exhibit A. [24] 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 25 OTHERWISE PROTECTED MATERIAL [26] When a Producing Party gives notice to Receiving Parties that certain [27] inadvertently produced material is subject to a claim of privilege or other 1 protection, the obligations of the Receiving Parties are those set forth in Federal 2 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 3 whatever procedure may be established in an e-discovery order that provides for 4 production without prior privilege review. Pursuant to Federal Rule of 5 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect 6 of disclosure of a communication or information covered by the attorney-client 7 privilege or work product protection, the parties may incorporate their 8 agreement in the stipulated protective order submitted to the court. 9 14. MISCELLANEOUS 10 14.1 Right to Further Relief. Nothing in this Order abridges the right of 11 any person to seek its modification by the Court in the future. 12 14.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order, no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in 15 this Stipulated Protective Order. Similarly, no Party waives any right to object 16 on any ground to use in evidence of any of the material covered by this 17 Protective Order. 18 14.3 Filing Protected Material. A Party that seeks to file under seal any [19] Protected Material must comply with Local Civil Rule 79-5. Protected Material [20] may only be filed under seal pursuant to a court order authorizing the sealing of [21] the specific Protected Material. If a Party’s request to file Protected Material [22] under seal is denied by the court, then the Receiving Party may file the [23] information in the public record unless otherwise instructed by the court. [24] 15. FINAL DISPOSITION [25] After the final disposition of this Action, as defined in paragraph 6, within [26] 60 days of a written request by the Designating Party, each Receiving Party [27] must return all Protected Material to the Producing Party or destroy such 1 ||material. As used in this subdivision, “all Protected Material” includes all 2 ||copies, abstracts, compilations, summaries, and any other format reproducing 3 ||or capturing any of the Protected Material. Whether the Protected Material is 4 || returned or destroyed, the Receiving Party must submit a written certification to 5 ||the Producing Party (and, if not the same person or entity, to the Designating 6 || Party) by the 60-day deadline that (1) identifies (by category, where appropriate) 7 |! all the Protected Material that was returned or destroyed and (2) affirms that the 8 Receiving Party has not retained any copies, abstracts, compilations, summaries 9 || or any other format reproducing or capturing any of the Protected Material. 10 || Notwithstanding this provision, Counsel are entitled to retain an archival copy !1 || of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 12 || memoranda, correspondence, deposition and trial exhibits, expert reports, 13 || attorney work product, and consultant and expert work product, even if such 14 || materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order as set forth 16 |! in Section 6 (DURATION). "7 16. VIOLATION 18 Any violation of this Order may be punished by appropriate measures 19 including, without limitation, contempt proceedings and/or monetary 20 || sanctions. [21] 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [24] 45 DATED: October 17, 2019 dL. 26 join D. EARLY 27 nited States Magistrate Judge [16] 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ____________________________________ [print or type full name], of 4 _____________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Order that was issued by the United States District Court for the Central District of 7 California on October 17 2019 in the case of Homeland Insurance Co. of. N.Y. v. 8 Progressive Power Group, Inc., et al., Case No.: 8:19-cv-844 AG (JDEx) (the 9 “Order”). I agree to comply with and to be bound by all the terms of the Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to the Order to any 13 person or entity except in strict compliance with the provisions of the Order. 14 I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms of 16 the Order, even if such enforcement proceedings occur after termination of this 17 action. 18 I hereby appoint ___________________________ [print or type full name] of 19 ___________________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of the Order. 22 Date: __________________________ [23] 24 City and State where sworn and signed: ___________________________________ [25] 26 Printed name: ________________________