Zahra Shahim v. Valor Healthcare, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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ZAHRA SHAHIM, an individual, Case No. 8:21-cv-00435 DOC (JDEx)

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Plaintiff, STIPULATION AND PROPOSED

13 PROTECTIVE ORDER

v.

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VALOR HEALTHCARE, INC., and Complaint Filed: February 3, 2021

15 DOES 1 to 50, inclusive, Trial Date: None Set

District Judge: Hon. David O. Carter

16 Defendants. Magistrate Judge: Hon. John D. Early

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18 IT IS HEREBY STIPULATED by and between Plaintiff ZAHRA SHAHIM

19 (“Plaintiff”) and Defendant VALOR HEALTHCARE, INC. (“Defendant”) (collectively,

20 “Parties”) that in order to facilitate the exchange of information and documents which

21 may be subject to confidentiality limitations on disclosure due to federal laws, state

22 laws, the Local Civil Rules, and privacy rights, the Parties stipulate as follows:

23 1. PURPOSES AND LIMITATIONS

24 Discovery in this action involves the production of confidential, proprietary or

25 private information for which special protection from public disclosure and from use for

26 any purpose other than pursuing this litigation may be warranted. Accordingly, the

27 Parties hereby stipulate to and petition the Court to enter the following Stipulated

28 Protective Order. The Parties acknowledge that this Order does not confer blanket

1 protections on all disclosures or responses to discovery and that the protection it affords

2 from public disclosure and use extends only to the limited information or items that are

3 entitled to confidential treatment under the applicable legal principles.

4 2. GOOD CAUSE STATEMENT

5 This action arises from Plaintiff’s claims for gender discrimination and

6 Defendant’s alleged violation of California’s Equal Pay Act. Plaintiff is a physician

7 employed by Defendant at a Department of Veterans Affairs’ outpatient clinic. In order

8 to present her case, Plaintiff is seeking confidential information regarding her colleagues’

9 compensation and her discrimination and retaliation allegations concern patient panels

10 and instances involving particular patients.

11 Discovery conducted thus far implicates third-party medical records and other

12 personal health information, which is protected by the Health Insurance Portability and

13 Accountability Act of 1996 (“HIPAA”). The Parties are committed to respecting federal

14 and state protections for individually identifiable health information (“IIHI”). Discovery

15 has already implicated particular patients and discovery may involve patient medical

16 records, as Plaintiff alleges Defendant reassigned patients to Plaintiff’s patient panel and

17 required her to see patients on the panels of male physicians as a way to justify why

18 Defendant’s male employees are allegedly paid more than Plaintiff.

19 During Plaintiff’s deposition and the deposition of one of Defendant’s physicians,

20 questions pertained to the salary and bonus information of Defendant’s employees. This

21 information is generally unavailable to the public and protected under California’s

22 privacy laws. The amount of money Defendant pays its physicians is confidential

23 financial and proprietary information, which Defendant and its physicians do not want

24 made available to the public. Additionally, it would be extraordinarily difficult to obtain

25 consent from each and every employee, cause an unnecessary delay in the adjudication of

26 the Action, increase litigation costs, and waste the Court’s time and resources in

27 approving each and every argument for or against disclosure of what is essentially a

28 review of job descriptions and salary.

1 The Parties recognize that such information warrants special protection from

2 public disclosure and from use for any purpose other than prosecution of this action, as it

3 may be privileged or otherwise protected from disclosure under state and federal statutes,

4 court rules, case decisions, or common law. Accordingly, to expedite the flow of

5 information, to facilitate the prompt resolution of disputes over confidentiality of

6 discovery materials, to adequately protect information the Parties are entitled to keep

7 confidential, to ensure that the Parties are permitted reasonable necessary uses of such

8 material in preparation for and in the conduct of trial, to address their handling at the end

9 of the litigation, and serve the ends of justice, a protective order for such information is

10 justified in this matter. It is the intent of the Parties that information will not be

11 designated as confidential for tactical reasons and that nothing be so designated without a

12 good faith belief that it has been maintained in a confidential, non-public manner, and

13 there is good cause why it should not be part of the public record of this case.

14 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

15 The Parties acknowledge, as set forth in Section 14.3, below, that this Stipulated

16 Protective Order does not entitle them to file confidential information under seal; Local

17 Civil Rule 79-5 sets forth the procedures that must be followed and the standards that will

18 be applied when a party seeks permission from the Court to file material under seal.

19 There is a strong presumption that the public has a right of access to judicial proceedings

20 and records in civil cases. In connection with non-dispositive motions, good cause must

21 be shown to support a filing under seal. See Kamakana v. City and County of Honolulu,

22 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206,

23 1210-11 (9th Cir. 2002), Makar-Wellbon v. Sony Electronics, Inc., 187 F.R.D. 576, 577

24 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing). The

25 Parties further acknowledge that there must be a specific showing of good cause or

26 compelling reasons with proper evidentiary support and legal justification must be made

27 with respect to Protected Material that a party seeks to file under seal. The Parties’ mere

28 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— without

1 the submission of competent evidence by declaration, establishing that the material

2 sought to be filed under seal qualifies as confidential, privileged, or otherwise

3 protectable—constitute good cause.

4 Further, if a party requests sealing related to a dispositive motion or trial, then

5 compelling reasons, not only good cause, for the sealing must be shown, and the relief

6 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos

7 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type

8 of information, document, or thing sought to be filed or introduced under seal, the party

9 seeking protection must articulate compelling reasons, supported by specific facts and

10 legal justification, for the requested sealing order. Again, competent evidence supporting

11 the application to file documents under seal must be provided by declaration.

12 Any document that is not confidential, privileged, or otherwise protectable in its

13 entirety will not be filed under seal if the confidential portions can be redacted. If

14 documents can be redacted, then a redacted version for public viewing, omitting only the

15 confidential, privileged, or otherwise protectable portions of the document, shall be filed.

16 Any application that seeks to file documents under seal in their entirety should include an

17 explanation of why redaction is not feasible.

18 4. DEFINITIONS

19 4.1 “Action”: the above-entitled proceeding, Zahra Shahim v. Valor

20 Healthcare, Inc., Case No. 8:21-cv-00435 DOC (JDEx).

21 4.2 “Challenging Party”: a Party or Non-Party that challenges the

22 designation of information or items under this Order.

23 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how it

24 is generated, stored or maintained) or tangible things that qualify for protection under

25 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

26 Statement.

27 4.4 “Counsel”: Outside Counsel of Record and House Counsel (as well as their

28 support staff).

1 4.5 “Designating Party”: a Party or Non-Party that designates information or

2 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

3 4.6 “Disclosure or Discovery Material”: all items or information, regardless of

4 the medium or manner in which it is generated, stored, or maintained (including, among

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

6 disclosures or responses to discovery.

7 4.7 “Expert”: a person with specialized knowledge or experience in a matter

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

9 expert witness or as a consultant in this Action.

10 4.8 “House Counsel”: attorneys who are employees of a party to this Action.

11 House Counsel does not include Outside Counsel of Record or any other outside counsel.

12 4.9 “Non-Party”: any natural person, partnership, corporation, association or

13 other legal entity not named as a Party to this action.

14 4.10 “Outside Counsel of Record”: attorneys who are not employees of a party to

15 this Action but are retained to represent a party to this Action and have appeared in this

16 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf

17 of that party, and includes support staff.

18 4.11 “Party”: any party to this Action, including all of its officers, directors,

19 employees, consultants, retained experts, and Outside Counsel of Record (and their

20 support staffs).

21 4.12 “Producing Party”: a Party or Non-Party that produces Disclosure or

22 Discovery Material in this Action.

23 4.13 “Professional Vendors”: persons or entities that provide litigation support

24 services (e.g., photocopying, videotaping, translating, preparing exhibits or

25 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

26 their employees and subcontractors.

27 4.14 “Protected Material”: any Disclosure or Discovery Material that is

28 designated as “CONFIDENTIAL.”

1 4.15 “Receiving Party”: a Party that receives Disclosure or Discovery Material

2 from a Producing Party.

3 5. 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 and other applicable authorities. This Order does not govern the use of Protected

11 Material at trial.

12 6. DURATION

13 Once a case proceeds to trial, information that was designated as

14 CONFIDENTIAL or maintained pursuant to this Protective Order used or introduced as

15 an exhibit at trial becomes public and will be presumptively available to all members of

16 the public, including the press, unless compelling reasons supported by specific factual

17 findings to proceed otherwise are made to the trial judge in advance of the trial. See

18 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

19 documents produced in discovery from “compelling reasons” standard when merits-

20 related documents are part of court record). Accordingly, the terms of this protective

21 order do not extend beyond the commencement of the trial.

22 7. DESIGNATING PROTECTED MATERIAL

23 7.1 Exercise of Restraint and Care in Designating Material for Protection.

24 Each Party or Non-Party that designates information or items for protection under

25 this Order must take care to limit any such designation to specific material that qualifies

26 under the appropriate standards. The Designating Party must designate for protection

27 only those parts of material, documents, items or oral or written communications that

28 qualify so that other portions of the material, documents, items or communications for

1 which protection is not warranted are not swept unjustifiably within the ambit of this

2 Order.

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

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

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

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

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

8 designated for protection do not qualify for protection, that Designating Party must

9 promptly notify all other Parties that it is withdrawing the inapplicable designation.

10 7.2 Manner and Timing of Designations. Except as otherwise provided in this

11 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that

12 qualifies for protection under this Order must be clearly so designated before the material

13 is disclosed or produced.

14 Designation in conformity with this Order requires:

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

16 documents, but excluding transcripts of depositions or other pretrial or trial proceedings),

17 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

18 “CONFIDENTIAL legend”), to each page that contains protected material. If only a

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

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

21 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 of the material on a page qualifies for

3 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

4 by making appropriate markings in the margins).

5 (b) for testimony given in depositions that the Designating Party identifies

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 for

9 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 7.3 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 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

19 8.1. Timing of Challenges. Any Party or Non-Party may challenge a designation

20 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

21 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

22 process under Local Rule 37-1 et seq.

23 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

24 stipulation pursuant to Local Rule 37-2.

25 8.4 The burden of persuasion in any such challenge proceeding shall be on the

26 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

27 harass or impose unnecessary expenses and burdens on other parties) may expose the

28 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

1 the confidentiality designation, all parties shall continue to afford the material in question

2 the level of protection to which it is entitled under the Producing Party’s designation until

3 the Court rules on the challenge.

4 9. ACCESS TO AND USE OF PROTECTED MATERIAL

5 9.1 Basic Principles. A Receiving Party may use Protected Material that is

6 disclosed or produced by another Party or by a Non-Party in connection with this Action

7 only for prosecuting, defending or attempting to settle this Action. Such Protected

8 Material may be disclosed only to the categories of persons and under the conditions

9 described in this Order. When the Action has been terminated, a Receiving Party must

10 comply with the provisions of Section 15 below (FINAL DISPOSITION).

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

12 location and in a secure manner that ensures that access is limited to the persons

13 authorized under this Order.

14 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

15 otherwise ordered by the Court or permitted in writing by the Designating Party, a

16 Receiving Party may disclose any information or item designated

17 “CONFIDENTIAL” only to:

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

19 as employees of said Outside Counsel of Record to whom it is reasonably necessary to

20 disclose the information for this Action;

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

22 Receiving Party to whom disclosure is reasonably necessary for this Action;

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

24 disclosure is reasonably necessary for this Action and who have signed the

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

26 (d) the Court and its personnel;

27 (e) court reporters and their staff;

28 (f) professional jury or trial consultants, mock jurors, and Professional

1 Vendors to whom disclosure is reasonably necessary for this Action and who have signed

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

3 (g) the author or recipient of a document containing the information or a

4 custodian or other person who otherwise possessed or knew the information;

5 (h) during their depositions, witnesses, and attorneys for witnesses, in the

6 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

7 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not

8 be permitted to keep any confidential information unless they sign the “Acknowledgment

9 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

10 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

11 depositions that reveal Protected Material may be separately bound by the court reporter

12 and may not be disclosed to anyone except as permitted under this Stipulated Protective

13 Order; and

14 (i) any mediators or settlement officers and their supporting personnel,

15 mutually agreed upon by any of the parties engaged in settlement discussions.

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10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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

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compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:

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

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include a copy of the subpoena or court order;

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

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

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

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Stipulated Protective Order; and

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

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1 by the Designating Party whose Protected Material may be affected. If the Designating

2 Party timely seeks a protective order, the Party served with the subpoena or court order

3 shall not produce any information designated in this action as “CONFIDENTIAL” before

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

5 has obtained the Designating Party’s permission. The Designating Party shall bear the

6 burden and expense of seeking protection in that court of its confidential material and

7 nothing in these provisions should be construed as authorizing or encouraging a

8 Receiving Party in this Action to disobey a lawful directive from another court.

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

10 IN THIS LITIGATION

11 (a) The terms of this Order are applicable to information produced by a Non-

12 Party in this Action and designated as “CONFIDENTIAL.” Such information produced

13 by Non-Parties in connection with this litigation is protected by the remedies and relief

14 provided by this Order. Nothing in these provisions should be construed as prohibiting a

15 Non-Party from seeking additional protections.

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

17 produce a Non-Party’s confidential information in its possession, and the Party is subject

18 to an agreement with the Non-Party not to produce the Non-Party’s confidential

19 information, then the Party shall:

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

21 some or all of the information requested is subject to a confidentiality agreement with a

22 Non-Party;

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

24 Order in this Action, the relevant discovery request(s), and a reasonably specific

25 description of the information requested; and

26 (3) make the information requested available for inspection by the Non-

27 Party, if requested.

28 (c) If the Non-Party fails to seek a protective order from this Court within 14

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

2 produce the Non-Party’s confidential information responsive to the discovery request. If

3 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

4 information in its possession or control that is subject to the confidentiality agreement

5 with the Non-Party before a determination by the Court. Absent a court order to the

6 contrary, the Non-Party shall bear the burden and expense of seeking protection in this

7 court of its Protected Material.

8 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

10 Protected Material to any person or in any circumstance not authorized under this

11 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

12 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

13 all unauthorized copies of the Protected Material, (c) inform the person or persons to

14 whom unauthorized disclosures were made of all the terms of this Order, and (d) request

15 such person or persons to execute the “Acknowledgment an Agreement to Be Bound”

16 attached hereto as Exhibit A.

17 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

18 PROTECTED MATERIAL

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

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

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

22 This provision is not intended to modify whatever procedure may be established in an e-

23 discovery order that provides for production without prior privilege review. Pursuant to

24 Federal Rules of Evidence 502(d) and (e), insofar as the Parties reach an agreement on

25 the effect of disclosure of a communication or information covered by the attorney-client

26 privilege or work product protection, the Parties may incorporate their agreement in the

27 stipulated protective order submitted to the court.

28 14. MISCELLANEOUS

1 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

2 person to seek its modification by the Court in the future.

3 14.2 Right to Assert Other Objections. By stipulating to the entry of this

4 Protective Order, no Party waives any right it otherwise would have to object to

5 disclosing or producing any information or item on any ground not addressed in this

6 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground

7 to use in evidence any of the material covered by this Protective Order.

8 14.3 Filing Protected Material. A Party that seeks to file under seal any

9 Protected Material must comply with Local Civil Rule 79-5 and the Initial Standing

10 Order of the Honorable David O. Carter. [See Dkt. 9 at §VII]. Protected Material may

11 only be filed under seal pursuant to a court order authorizing the sealing of the specific

12 Protected Material. If a Party’s request to file Protected Material under seal is denied by

13 the Court, then the Receiving Party may file the information in the public record unless

14 otherwise instructed by the Court.

15 15. FINAL DISPOSITION

16 After the final disposition of this Action, as defined in paragraph 6, within 60 days

17 of a written request by the Designating Party, each Receiving Party must return all

18 Protected Material to the Producing Party or destroy such material. As used in this

19 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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

21 Whether the Protected Material is returned or destroyed, the Receiving Party must submit

22 a written certification to the Producing Party (and, if not the same person or entity, to the

23 Designating Party) by the 60-day deadline that (1) identifies (by category, where

24 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that

25 the Receiving Party has not retained any copies, abstracts, compilations, summaries or

26 any other format reproducing or capturing any of the Protected Material. Notwithstanding

27 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion

28 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

1 deposition and trial exhibits, expert reports, attorney work product, and consultant and

2 expert work product, even if such materials contain Protected Material. Any such archival

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

4 Order as set forth in Section 6 (DURATION).

5 16. VIOLATION

6 Any violation of this Order may be punished by appropriate measures including,

7 without limitation, contempt proceedings and/or monetary sanctions.

8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

9 DATED: July 20, 2021 LAW OFFICES OF JOSEPH K.

JOHNSON, P.C.

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12 By: /s/ Joseph Johnson _____________

Joseph Johnson

13 Attorneys for Plaintiff

ZAHRA SHAHIM

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16 DATED: July 20, 2021 OGLETREE, DEAKINS, NASH, SMOAK &

STEWART, P.C.

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19 By: /s/ Sarah Christenson

Angela Pak

20 Sarah Christenson

Attorneys for Defendant

21 VALOR HEALTHCARE, INC.

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DATED: July 20, 2021 TUCKER ELLIS LLP

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4 By: /s/Lisa Carteen

Ndubisi A. Ezeolu

5 Lisa I. Carteen

Samlecia Gaye

6 Attomeys for Defendant

VALOR HEALTHCARE, INC.

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19 || PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO

11 |, ORDERED.

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13 DATED: July 20, 2021

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J D. EARLY

16 hited States Magistrate Judge

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14 Racca NTA 2:91 arr NNAI"E □□□□□ □□□□

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

4 _________________ [print or type full address], declare under penalty of perjury that I

5 have read in its entirety and understand the Stipulated Protective Order that was issued by

6 the United States District Court for the Central District of California on [date] in the case

7 of Zahra Shahim v. Valor Healthcare, Inc. No. 8:21-cv-00435 DOC (JDEx) (“Action”). I

8 agree to comply with and to be bound by all the terms of this Stipulated Protective Order

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

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

11 any manner any Protected Material or item that is subject to this Stipulated Protective

12 Order to any person or entity except in strict compliance with the provisions of this

13 Order.

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

15 the 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.

18 I declare under penalty of perjury under the laws of the United States that the

19 foregoing is true and correct.

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

21 _______________________________________ [print or type full address and telephone

22 number] as my California agent for service of process in connection with this action or

23 any proceedings related to enforcement of this Stipulated Protective Order.

24 Date: ______________________________________

25 City and State where sworn and signed: _________________________________

26 Printed name: _________________________________

27 Signature: _________________________________

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