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17032.001 3829502v1 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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JOHN F. BRADLEY (Admitted Pro Hac Vice)

BRADLEY LEGAL GROUP, P.A.

15 Northeast 13th Avenue

Ft. Lauderdale, Florida 33301

Telephone: (954) 523-6160

Facsimile: (954) 523-6190

Email: jb@bradlegal.com

JULIA D. GREER (State Bar No. 200479)

ANDREW SCHALKWYK (State Bar No. 287170)

COBLENTZ PATCH DUFFY & BASS LLP

One Montgomery Street, Suite 3000

San Francisco, California 94104-5500

Telephone: (415) 391-4800

Facsimile: (415) 989-1663

Email: ef-jdg@cpdb.com

ef-aps@cpdb.com

Attorneys for Defendants

CENTRALREACH, LLC; AND

GREGORY PACQUETTE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BEHAVIOR ANALYSTS, INC., a 

California corporation,

Plaintiff,

v.

CENTRALREACH, LLC; AND 

GREGORY PACQUETTE, an individual,

Defendants.

Case No. 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

Judge: Hon. Maria-Elena James

Complaint Filed: February 9, 2017

Trial Date: None Set.

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of 

confidential, proprietary, or private information for which special protection from public 

disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 
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17032.001 3829502v1 2 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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Protective Order. The parties acknowledge that this Order does not confer blanket protections on 

all disclosures or responses to discovery and that the protection it affords from public disclosure 

and use extends only to the limited information or items that are entitled to confidential treatment 

under the applicable legal principles. The parties further acknowledge, as set forth in Section 

12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 

the standards that will be applied when a party seeks permission from the court to file material 

under seal.

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of 

information or items under this Order.

2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 

of Civil Procedure 26(c).

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 

well as their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or items that it 

produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 

2.5 Disclosure or Discovery Material: all items or information, regardless of the 

medium or manner in which it is generated, stored, or maintained (including, among other things, 

testimony, transcripts, and tangible things), that are produced or generated in disclosures or 

responses to discovery in this matter.

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 

consultant in this action.

2.7 House Counsel: attorneys who are employees of a party to this action. House 

Counsel does not include Outside Counsel of Record or any other outside counsel.
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17032.001 3829502v1 3 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 

entity not named as a Party to this action.

2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 

action but are retained to represent or advise a party to this action and have appeared in this action 

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

2.10 Party: any party to this action, including all of its officers, directors, employees, 

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 

Material in this action.

2.12 Professional Vendors: persons or entities that provide litigation support services 

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 

organizing, storing, or retrieving data in any form or medium) and their employees and 

subcontractors.

2.13 Protected Material: any Disclosure or Discovery Material that is designated as 

“CONFIDENTIAL.” 

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 

Producing Party.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material 

(as defined above), but also (1) any information copied or extracted from Protected Material; (2) 

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 

conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 

However, the protections conferred by this Stipulation and Order do not cover the following 

information: (a) any information that is in the public domain at the time of disclosure to a 

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 

result of publication not involving a violation of this Order, including becoming part of the public 

record through trial or otherwise; and (b) any information known to the Receiving Party prior to 
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17032.001 3829502v1 4 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 

the information lawfully and under no obligation of confidentiality to the Designating Party. Any 

use of Protected Material at trial shall be governed by a separate agreement or order.

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this 

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 

and defenses in this action, with or without prejudice; and (2) final judgment herein after the 

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 

including the time limits for filing any motions or applications for extension of time pursuant to 

applicable law.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 

or Non-Party that designates information or items for protection under this Order must take care to 

limit any such designation to specific material that qualifies under the appropriate standards. The 

Designating Party must designate for protection only those parts of material, documents, items, or 

oral or written communications that qualify – so that other portions of the material, documents, 

items, or communications for which protection is not warranted are not swept unjustifiably within 

the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are 

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 

unnecessarily encumber or retard the case development process or to impose unnecessary 

expenses and burdens on other parties) expose the Designating Party to sanctions.

If it comes to a Designating Party’s attention that information or items that it designated 

for protection do not qualify for protection, that Designating Party must promptly notify all other 

Parties that it is withdrawing the mistaken designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 
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17032.001 3829502v1 5 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 

designated before the material is disclosed or produced.

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic documents, 

but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 

portion or portions of the material on a page qualifies for protection, the Producing Party also must 

clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A 

Party or Non-Party that makes original documents or materials available for inspection need not 

designate them for protection until after the inspecting Party has indicated which material it would 

like copied and produced. During the inspection and before the designation, all of the material 

made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 

identified the documents it wants copied and produced, the Producing Party must determine which 

documents, or portions thereof, qualify for protection under this Order. Then, before producing 

the specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each 

page that contains Protected Material. If only a portion or portions of the material on a page 

qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 

(e.g., by making appropriate markings in the margins).

(b) for testimony given in deposition, that the Designating Party identify, 

within 10 business days of receipt of the transcript, all portions of the testimony for which 

CONFIDENTIAL protection is sought. Testimony given in deposition shall be treated 

provisionally as CONFIDENTIAL from the time of the testimony through the earlier of (i) the 

Designating Party’s identification of the testimony to be protected; or (ii) 11 business days after 

the Designating Party’s receipt of the deposition transcript.

(c) for testimony given in other pretrial or trial proceedings, that the 

Designating Party identify on the record, before the close of the hearing or other proceeding, all 
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17032.001 3829502v1 6 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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protected testimony. 

(d) for information produced in some form other than documentary and for any 

other tangible items, that the Producing Party affix in a prominent place on the exterior of the 

container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 

If only a portion or portions of the information or item warrant protection, the Producing Party, to 

the extent practicable, shall identify the protected portion(s).

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 

designate qualified information or items does not, standing alone, waive the Designating Party’s 

right to secure protection under this Order for such material. Upon timely correction of a 

designation, the Receiving Party must make reasonable efforts to assure that the material is treated 

in accordance with the provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 

challenge a confidentiality designation by electing not to mount a challenge promptly after the 

original designation is disclosed.

6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 

process by providing written notice of each designation it is challenging and describing the basis 

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 

notice must recite that the challenge to confidentiality is being made in accordance with this 

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge 

in good faith and must begin the process by conferring in person within 14 days of the date 

of service of notice, in accordance with paragraph 2 of the DISCOVERY STANDING ORDER 

FOR MAGISTRATE JUDGE MARIA-ELENA JAMES (the "Discovery Standing Order"). 

In conferring, the Challenging Party must explain the basis for its belief that the 
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17032.001 3829502v1 7 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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confidentiality designation was not proper and must give the Designating Party an opportunity to 

review the designated material, to reconsider the circumstances, and, if no change in designation is 

offered, to explain the basis for the chosen designation. A Challenging Party may proceed to the 

next stage of the challenge process only if it has engaged in this meet and confer process first or 

establishes that the Designating Party is unwilling to participate in the meet and confer process in 

a timely manner.

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 

intervention, the parties shall, within 21 days of the initial notice of challenge or within 14 days of 

the parties agreeing that the meet and confer process will not resolve their dispute, whichever is 

earlier, file a joint letter in accordance with paragraph 2 of the Discovery Standing Order.

If the parties are unable to meet and confer as directed above, or a Challenging party is 

unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the 

parties shall proceed in accordance with paragraph 3 of the Discovery Standing Order.

The burden of persuasion in any such challenge proceeding shall be on the Designating 

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 

unnecessary expenses and burdens on other parties) may expose the Challenging Party to 

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 

file a motion to retain confidentiality as described above, all parties shall continue to afford the 

material in question the level of protection to which it is entitled under the Producing Party’s 

designation until the court rules on the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 

produced by another Party or by a Non-Party in connection with this case only for prosecuting, 

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 

the categories of persons and under the conditions described in this Order. When the litigation has 

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 

DISPOSITION).
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17032.001 3829502v1 8 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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Protected Material must be stored and maintained by a Receiving Party at a location and in 

a secure manner that ensures that access is limited to the persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 

information or item designated “CONFIDENTIAL” only to:

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as 

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 

information for this litigation;

(b) the officers, directors, and employees (including House Counsel) of the 

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(c) Experts (as defined in this Order) of the Receiving Party to whom 

disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 

and Agreement to Be Bound” that is attached hereto as Exhibit A;

(d) the court and its personnel;

(e) court reporters and their staff and Professional Vendors to whom disclosure 

is reasonably necessary for this litigation;

(f) professional jury or trial consultants and mock jurors to whom disclosure is 

reasonably necessary for this litigation and who have signed the “Acknowledgment and 

Agreement to Be Bound” (Exhibit A);

(g) during their depositions, witnesses in the action to whom disclosure is 

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 

separately bound by the court reporter and may not be disclosed to anyone except as permitted 

under this Stipulated Protective Order.

(h) the author or recipient of a document containing the information or a 
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17032.001 3829502v1 9 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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custodian or other person who otherwise possessed or knew the information.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 

LITIGATION

If a Party is served with a subpoena or a court order issued in other litigation that compels 

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 

must: 

(a) promptly notify in writing the Designating Party. Such notification shall 

include a copy of the subpoena or court order; 

(b) promptly notify in writing the party who caused the subpoena or order to 

issue in the other litigation that some or all of the material covered by the subpoena or order is 

subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective 

Order; and 

(c) cooperate with respect to all reasonable procedures sought to be pursued by 

the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served with the subpoena 

or court order shall not produce any information designated in this action as “CONFIDENTIAL” 

before a determination by the court from which the subpoena or order issued, unless the Party has 

obtained the Designating Party’s permission. The Designating Party shall bear the burden and 

expense of seeking protection in that court of its confidential material – and nothing in these 

provisions should be construed as authorizing or encouraging a Receiving Party in this action to 

disobey a lawful directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 

LITIGATION

(a) The terms of this Order are applicable to information produced by a NonParty in this action and designated as “CONFIDENTIAL.” Such information produced by NonParties in connection with this litigation is protected by the remedies and relief provided by this 
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17032.001 3829502v1 10 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 

additional protections. 

(b) In the event that a Party is required, by a valid discovery request, to produce 

a Non-Party’s confidential information in its possession, and the Party is subject to an agreement 

with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 

(1) promptly notify in writing the Requesting Party and the Non-Party 

that some or all of the information requested is subject to a confidentiality agreement with a NonParty;

(2) promptly provide the Non-Party with a copy of the Stipulated

Protective Order in this litigation, the relevant discovery request(s), and a reasonably 

specific description of the information requested; and 

(3) make the information requested available for inspection by the NonParty. 

(c) If the Non-Party fails to object or seek a protective order from this court 

within 14 days of receiving the notice and accompanying information, the Receiving Party may 

produce the Non-Party’s confidential information responsive to the discovery request. If the NonParty timely seeks a protective order, the Receiving Party shall not produce any information in its 

possession or control that is subject to the confidentiality agreement with the Non-Party before a 

determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 

burden and expense of seeking protection in this court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 

Material to any person or in any circumstance not authorized under this Stipulated Protective 

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 

Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 

terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 
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17032.001 3829502v1 11 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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Agreement to Be Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 

MATERIAL

When a Producing Party gives notice to Receiving Parties that certain inadvertently 

produced material is subject to a claim of privilege or other protection, the obligations of the 

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 

provision is not intended to modify whatever procedure may be established in an e-discovery order 

that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 

communication or information covered by the attorney-client privilege or work product protection, 

the parties may incorporate their agreement in the stipulated protective order submitted to the 

court.

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 

seek its modification by the court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 

Order no Party waives any right it otherwise would have to object to disclosing or producing any 

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 

Party waives any right to object on any ground to use in evidence of any of the material covered 

by this Protective Order.

12.3 Filing Protected Material. Without written permission from the Designating Party 

or a court order secured after appropriate notice to all interested persons, a Party may not file in 

the public record in this action any Protected Material. A Party that seeks to file under seal any 

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 

under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 

issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 

establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 
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17032.001 3829502v1 12 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

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otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 

Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving 

Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) unless 

otherwise instructed by the court.

13. FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in paragraph 4, each 

Receiving Party must return all Protected Material to the Producing Party or destroy such material. 

As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 

summaries, and any other format reproducing or capturing any of the Protected Material. Whether 

the Protected Material is returned or destroyed, the Receiving Party must submit a written 

certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 

by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 

Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 

any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 

of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 

copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 

correspondence, deposition and trial exhibits, expert reports, attorney work product, and 

consultant and expert work product, even if such materials contain Protected Material. Any such 

archival copies that contain or constitute Protected Material remain subject to this Protective Order 

as set forth in Section 4 (DURATION).

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: September 1, 2017 /s/ Katherine F. Wenger

Katherine F. Wenger

Attorneys for Plaintiff

BEHAVIOR ANALYSTS, INC.

DATED: September 1, 2017 /s/ Julie D. Greer

Julie D. Greer

Attorneys for Defendants
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17032.001 3829502v1 13 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

O n e M o nt g ome r y S t re e t, S u it e 3 0 00, S an Fr a nci s c o, Ca l ifo r n ia 94 1 04 -5 5 00

4 1 5 .3 9 1. 4 800 • Fa x 41 5 . 98 9 .1 6 63

CENTRALREACH, LLC; AND

GREGORY PACQUETTE

I, Julia D. Greer, attest pursuant to Northern District Local Rule 5-1(i)(3) that the signatory 

to this document, on whose behalf this filing is submitted, concur in the filing’s content and have 

authorized this filing. I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct.

/s/ Julie D. Greer

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: _9/5/2017

United States District/Magistrate Judge 
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17032.001 3829502v1 14 3:17-cv-00666-MEJ

STIPULATED PROTECTIVE ORDER 

CO B L E N T Z PA T C H 

DU F F Y & BASS LLP

O n e M o nt g ome r y S t re e t, S u it e 3 0 00, S an Fr a nci s c o, Ca l ifo r n ia 94 1 04 -5 5 00

4 1 5 .3 9 1. 4 800 • Fa x 41 5 . 98 9 .1 6 63

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of _________________ [print or 

type full address], declare under penalty of perjury that I have read in its entirety and understand 

the Stipulated Protective Order that was issued by the United States District Court for the Northern 

District of California on [date] in the case of Behavior v. CentralReach Analysts, Inc. v. 

CentralReach, LLC, United States District Court, Northern District of California, Case No. 17-cv00666-MEJ. I agree to comply with and to be bound by all the terms of this Stipulated Protective 

Order and I understand and acknowledge that failure to so comply could expose me to sanctions 

and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 

manner any information or item that is subject to this Stipulated Protective Order to any person or 

entity except in strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court for the 

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 

Order, even if such enforcement proceedings occur after termination of this action.

I hereby appoint __________________________ [print or type full name] of 

_______________________________________ [print or type full address and telephone number] 

as my California agent for service of process in connection with this action or any proceedings 

related to enforcement of this Stipulated Protective Order.

Date: ______________________________________

City and State where sworn and signed: _________________________________

Printed name: _______________________________

Signature: __________________________________