Susan Peck v. County of Orange

1 BDaarnb Sartao rEmnelro,e E Hsqa.d [sSel.lB, .E #s1q0. 1[S9.6B7.] #086021] 2 David Clay Washington, Esq. [S.B. #305996] HADSELL STORMER RENICK & DAI LLP 3 128 N. Fair Oaks Avenue Pasadena, California 91103 4 Telephone: (626) 585-9600 Facsimile: (626) 577-7079 5 Emails: bhadsell@hadsellstormer.com dstormer@hadsellstormer.com 6 dwashington@hadsellstormer.com 7 Attorneys for Plaintiffs [8] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA [11] 12 SUSAN PECK, COURTNEY MONO, and Case No.: 2:19-cv-04654 DSF (AFMx) WHITNEY MONO, individually and as 13 surviving heirs and successors in interest of [Assigned to the Honorable Dale S. PAUL MONO (deceased), Fischer – Courtroom 7D] [14] Plaintiffs, 15 AMENDED JOINT [PROPOSED] vs. STIPULATED PROTECTIVE 16 ORDER COUNTY OF ORANGE, SHERIFF17 CORONER SANDRA HUTCHENS, in her individual and official capacities, MATTER FOR DETERMINATION 18 ANTHONY MONTOYA, MICHAEL BY THE HONORABLE JOHNSON, BRAD CARRINGTON, ALEXANDER F. MACKINNON 19 BRENT LIND, JOHN FREY, AARON McFATRIDGE, and DOES 1-10, 20 Complaint filed: May 31, 2019 Defendants. Trial Date: December 8, 2020 [28] 1 [Continued from first page] 2 Norman J. Watkins, Esq. S. Frank Harrell, Esq. 3 Jesse K. Cox, Esq. LYNBERG & WATKINS 4 1100 Town & Country Road, Suite #1450 Orange, California 92868 5 Telephone: (714) 937-1010 Facsimile: (714) 937-1003 6 Email: nwatkins@lynberg.com sharrell@lynberg.com 7 jcox@lynberg.com 8 Attorneys for Defendants COUNTY OF ORANGE, SHERIFF-CORONER SANDRA HUTCHENS, in her individual and official capacities, ANTHONY MONTOYA, 9 MICHAEL JOHNSON, BRAD CARRINGTON, BRENT LIND, JOHN FREY, AARON McFATRIDGE [28] 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 5 parties hereby stipulate to and petition the Court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are 9 entitled to confidential treatment under the applicable legal principles. The parties further 10 acknowledge, as set forth in Section 12.3 below, that this Stipulated Protective Order 11 does not entitle them to file confidential information under seal; Civil Local Rule 79-5 12 sets forth the procedures that must be followed and the standards that will be applied 13 when a party seeks permission from the court to file material under seal. 14 B. GOOD CAUSE STATEMENT 15 This action is likely to involve information which one of more of the parties 16 contend special protection from use for any purpose other than litigation of this action is 17 warranted. 18 Plaintiffs contend that such confidential information includes decedent’s medical 19 records and those of his surviving family, personal information relating to the nature of 20 the relationship between spouses and children of the Decedent, autopsy photographs and 21 other graphic records, and personal financial records, disclosure of which may violate the 22 privacy rights of Plaintiffs, Decedent and potentially third parties. Defendants contend 23 that such confidential information includes internal policies, procedures, and training 24 materials, which are generally not available to the public. This information may be 25 privileged, and its disclosure may impact the County Sheriff’s Department’s operations 26 and safety. Defendants may also be producing documents that contain personal and 27 confidential information regarding individuals which information is generally unavailable 28 to the public, including peace officer personnel records. The disclosure of this 1 information to the public may violate these individuals’ privacy rights. Accordingly, to 2 expedite the flow of information, to facilitate the prompt resolution of disputes over 3 confidentiality of discovery materials, to adequately protect information the parties are 4 entitled to keep confidential, to ensure that the parties are permitted reasonable necessary 5 uses of such material in preparation for and in the conduct of trial, to address their 6 handling at the end of the litigation, and serve the ends of justice, a protective order for 7 such information is justified in this matter. It is the intent of the parties that the 8 information will not be designated as confidential for tactical reasons and that nothing be 9 so designated without a good faith belief that is has been maintained in a confidential, 10 non-public manner, and there is a good cause why it should not be party of the public 11 record of this case. 12 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 13 The parties further acknowledge, as set forth in Section 12.3, below, that this 14 Stipulated Protective Order does not entitle them to file confidential information 15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 16 the standards that will be applied when a party seeks permission from the court to file 17 material under seal. 18 There is a strong presumption that the public has a right of access to judicial 19 proceedings and records in civil cases. In connection with non-dispositive motions, good 20 cause must be shown to support a filing under seal. See Kamakana v. City and County of 21 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 22 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 23 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause 24 showing), and a specific showing of good cause or compelling reasons with proper 25 evidentiary support and legal justification, must be made with respect to Protected 26 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure 27 or Discovery Material as CONFIDENTIAL does not—without the submission of 28 competent evidence by declaration, establishing that the material sought to be filed under 1 seal qualifies as confidential, privileged, or otherwise protectable—constitute goodcause. 2 Further, if a party requests sealing related to a dispositive motion or trial, then 3 compelling reasons, not only good cause, for the sealing must be shown, and the relief 4 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 5 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 6 of information, document, or thing sought to be filed or introduced under seal in 7 connection with a dispositive motion or trial, the party seeking protection must 8 articulate compelling reasons, supported by specific facts and legal justification, for the 9 requested sealing order. Again, competent evidence supporting the application to file 10 documents under seal must be provided bydeclaration. 11 Any document that is not confidential, privileged, or otherwise protectable in its 12 entirety will not be filed under seal if the confidential portions can be redacted. If 13 documents can be redacted, then a redacted version for public viewing, omitting only 14 the confidential, privileged, or otherwise protectable portions of the document, shall be 15 filed. Any application that seeks to file documents under seal in their entirety should 16 include an explanation of why redaction is notfeasible. [17] 18 2. DEFINITIONS 19 2.1 Action: this pending federal lawsuit. 20 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 21 information or items under this Order. 22 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 23 is generated, stored or maintained) or tangible things that qualify for protection under 24 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 25 Statement. 26 2.4 Counsel: Counsel of Record and House Counsel for the parties herein (as 27 well as their support staff). 28 2.5 Designating Party: a Party or Non-Party that designates information or items 1 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2 2.6 Disclosure or Discovery Material: all items or information, regardless of the 3 medium or manner in which it is generated, stored, or maintained (including, among 4 other things, testimony, transcripts, and tangible things), that are produced or generated in 5 disclosures or responses to discovery in this matter. 6 2.7 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 8 expert witness or as a consultant in this Action. 9 2.8 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association, or other 12 legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 14 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 has 16 appeared on behalf of that party, and includes support staff. 17 2.11 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 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.13 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) and 25 their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is designated 27 as “CONFIDENTIAL.” 28 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 1 a Producing Party. [2] 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected 5 Material (as defined above), but also (1) any information copied or extracted from 6 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 7 Material; and (3) any testimony, conversations, or presentations by Parties or their 8 Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the trial 10 judge. This Order does not govern the use of Protected Material at trial. [11] 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 15 writing or a court order otherwise directs. Final disposition shall be deemed to be the later 16 of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and 17 (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, 18 remands, trial or reviews of this Action, including the time limits for filing any motions 19 or applications for extension of time pursuant to applicable law. [20] 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that qualifies 25 under the appropriate standards. The Designating Party must designate for protection 26 only those parts of material, documents, items, or oral or written communications that 27 qualify so that other portions of the material, documents, items, or communications for 28 which protection is not warranted are not swept unjustifiably within the ambit of this 1 Order. 2 Mass, indiscriminate, or routinized designations are prohibited. Designations that 3 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 4 to unnecessarily encumber the case development process or to impose unnecessary 5 expenses and burdens on other parties) may expose the Designating Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this 10 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 11 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 12 must be clearly so designated before the material is disclosed or produced. 13 Designation in conformity with this Order requires: 14 (a) for information in documentary form (e.g., paper or electronic 15 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 16 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 17 “CONFIDENTIAL legend”), to each page that contains protected material. The 18 CONFIDENTIAL designation shall be only placed at the top or bottom margin of each 19 page and shall not obscure any text. If only a portion or portions of the material on a page 20 qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection need 23 not designate them for protection until after the inspecting Party has indicated which 24 documents it would like copied and produced. During the inspection and before the 25 designation, all of the material made available for inspection shall be deemed 26 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 27 copied and produced, the Producing Party must determine which documents, or portions 28 thereof, qualify for protection under this Order. Then, before producing the specified 1 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 2 that contains Protected Material. If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 (b) for testimony given in depositions that the Designating Party identify 6 the Disclosure or Discovery Material on the record, before the close of the deposition all 7 protected testimony. 8 (c) for information produced in some form other than documentary and 9 for any other tangible items, that the Producing Party affix in a prominent place on the 10 exterior of the container or containers in which the information is stored the legend 11 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 12 the Producing Party, to the extent practicable, shall identify the protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 14 to designate qualified information or items does not, standing alone, waive the 15 Designating Party’s right to secure protection under this Order for such material. Upon 16 timely correction of a designation, the Receiving Party must make reasonable efforts to 17 assure that the material is treated in accordance with the provisions of this Order. [18] 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 21 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 23 process under Local Rule 37-1 et seq. 24 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 25 stipulation pursuant to Local Rule 37-2. 26 6.4 The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 28 harass or impose unnecessary expenses and burdens on other parties) may expose the 1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 2 the confidentiality designation, all parties shall continue to afford the material in question 3 the level of protection to which it is entitled under the Producing Party’s designation until 4 the Court rules on the challenge. [5] 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this Action 9 only for prosecuting, defending, or attempting to settle this Action. Such Protected 10 Material may be disclosed only to the categories of persons and under the conditions 11 described in this Order. When the Action has been terminated, a Receiving Party must 12 comply with the provisions of section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 17 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 18 may disclose any information or item designated “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 20 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 21 to disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of 23 the Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff; 1 (f) professional jury or trial consultants, and Professional Vendors to 2 whom disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 9 be permitted to keep any confidential information unless they sign the “Acknowledgment 10 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 11 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 12 depositions that reveal Protected Material may be separately bound by the court reporter 13 and may not be disclosed to anyone except as permitted under this Stipulated Protective 14 Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. [17] 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 19 OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation that 21 compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification 24 shall include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order 26 to issue in the other litigation that some or all of the material covered by the subpoena or 27 order is subject to this Protective Order. Such notification shall include a copy of this 28 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. 3 If 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 action as 5 “CONFIDENTIAL” before a determination by the court from which the subpoena or 6 order issued, unless the Party has obtained the Designating Party’s permission. The 7 Designating Party shall bear the burden and expense of seeking protection in that court of 8 its confidential material and nothing in these provisions should be construed as 9 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 10 from another court. [11] 12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 13 IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the remedies 17 and relief provided by this Order. Nothing in these provisions should be construed as 18 prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is subject 21 to an agreement with the Non-Party not to produce the Non-Party’s confidential 22 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 reasonably 28 specific description of the information requested; and 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the Receiving Party may 5 produce the Non-Party’s confidential information responsive to the discovery request. If 6 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 7 information in its possession or control that is subject to the confidentiality agreement 8 with the Non-Party before a determination by the court. Absent a court order to the 9 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 10 court of its Protected Material. [11] 12 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 16 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 17 all unauthorized copies of the Protected Material, (c) inform the person or persons to 18 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 19 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 20 that is attached hereto as Exhibit A. [21] 22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain inadvertently 25 produced material is subject to a claim of privilege or other protection, the obligations of 26 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 27 This provision is not intended to modify whatever procedure may be established in an e28 discovery order that provides for production without prior privilege review. Pursuant to 1 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 2 effect of disclosure of a communication or information covered by the attorney-client 3 privilege or work product protection, the parties may incorporate their agreement in the 4 stipulated protective order submitted to the court. [5] 6 12. MISCELLANEOUS 7 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 8 person to seek its modification by the Court in the future. 9 12.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order, no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in this 12 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 13 to use in evidence of any of the material covered by this Protective Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 15 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 16 under seal pursuant to a court order authorizing the sealing of the specific Protected 17 Material at issue. If a Party's request to file Protected Material under seal is denied by the 18 court, then the Receiving Party may file the information in the public record unless 19 otherwise instructed by the court. [20] 21 13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 days 23 of a written request by the Designating Party, each Receiving Party must return all 24 Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected Material. 27 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 28 a written certification to the Producing Party (and, if not the same person or entity, to the 1 Designating Party) by the 60 day deadline that (1) identifies (by category, where 2 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 3 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 4 any other format reproducing or capturing any of the Protected Material. Notwithstanding 5 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 6 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 7 deposition and trial exhibits, expert reports, attorney work product, and consultant and 8 expert work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4 (DURATION). [11] 12 14. VIOLATION 13 Any violation of this Order may be punished by any and all appropriate measures 14 including, without limitation, contempt proceedings and/or monetary sanctions. [15] 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [17] DATED: February 24, 2020 [18] 19 /s/ David Clay Washington1 Dan Stormer 20 Barbara Enloe Hadsell 21 David Clay Washington Attorneys for Plaintiff [22] 23 DATED: February 24, 2020 24 /s/ Jesse K. Cox__________ 25 Attorneys for Defendant Norman J. Watkins [26] S. Frank Harrell 27 Jesse K. Cox 28 1 I hereby attest that all other signatories listed, and on whose behalf the filing is | | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: 2/25/2020 4 Chix Mfr. kK ——~ 5 | ALEXANDERF.MacKINNON 6 | United States Magistrate Judge [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 perjury that I have read in its entirety 6 and understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [date] in the case of [Susan Peck, 8 et al. v. County of Orange, et al., Case No. 2:19-cv-04654-DSF-AFM]. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and 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 in any 12 manner any information or item that is subject to this Stipulated Protective Order to any 13 person 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 for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. [21] 22 Date: ______________________________________ [23] City and State where sworn and signed: _________________________________ [24] 25 Printed name: _______________________________ [26] Signature: __________________________________