even stipulated protective orders require good cause 13 showing
How later courts described this case
- even stipulated protective orders require good cause 13 showing
- distinguishing “good cause” showing for sealing 27 documents produced in discovery from “compelling reasons” standard when merits- 28 related documents are part of court record
Written by the judges who cited it.
The opinion
Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 1 of 16 Page ID #:264
1 JUSTIN T. BERGER (SBN 250346)
jberger@cpmlegal.com
2 THERESA E. VITALE (SBN 333993)
tvitale@cpmlegal.com
3 COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
4 Burlingame, California 94010
Telephone: (650) 697-6000
5 Facsimile: (650) 692-3606
6 Attorneys for Relators
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE CENTRAL DISTRICT OF CALIFORNIA
9
UNITED STATES OF AMERICA ex rel. Case No. 2:20-cv-07736-MWF-PD
10
CURT CANALES and DOUG
11 BELLOWS,
STIPULATED PROTECTIVE
12
Plaintiffs,
ORDER 1
13
v.
14
NATIONWIDE MEDICAL, INC., a
15
California Corporation; and DOES 1-100,
16 inclusive,
17
Defendants.
18
19
20
21
22
23
24
25
26
27
28 1 This Stipulated Protective Order is substantially based on the model protective order provided under
♼ Magistrate Judge Patricia Donahue’s Procedures.
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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, including, but
5 not limited to, confidential health information regarding non-parties. Accordingly, the
6 parties hereby stipulate to and petition the Court to enter the following Stipulated
7 Protective Order. The parties acknowledge that this Order does not confer blanket
8 protections on all disclosures or responses to discovery and that the protection it affords
9 from public disclosure and use extends only to the limited information or items that are
10 entitled to confidential treatment under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve confidential health information regarding non-
13 parties for which special protection from public disclosure and from use for any purpose
14 other than prosecution of this action is warranted. Such confidential materials and
15 information consist of, among other things, confidential health and medical records of
16 third-party patients, information otherwise generally unavailable to the public, or which
17 may be privileged or otherwise protected from disclosure under state or federal statutes,
18 court rules, case decisions, or common law. Accordingly, to expedite the flow of
19 information, to facilitate the prompt resolution of disputes over confidentiality of
20 discovery materials, to adequately protect information the parties are entitled to keep
21 confidential, to ensure the parties are permitted reasonable necessary uses of such
22 material in preparation for and in the conduct of trial, to address their handling at the end
23 of litigation, and serve the ends of justice, a protective order for such information is
24 justified in this matter. It is the intent of the parties that information will not be designated
25 as confidential for tactical reasons and that nothing be so designated without a good faith
26 belief that it has been maintained in a confidential, non-public manner, and there is good
27 cause why it should not be part of the public record of this case.
28 ///
♼
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1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
2 The parties further acknowledge, as set forth in Section 12.3, below, that this
3 Stipulated Protective Order does not entitle them to file confidential information under
4 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
5 standards that will be applied when a party seeks permission from the court to file
6 material under seal.
7 There is a strong presumption that the public has a right of access to judicial
8 proceedings and records in civil cases. In connection with non-dispositive motions, good
9 cause must be shown to support a filing under seal. See Kamakana v. City and County
10 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307
11 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D.
12 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause
13 showing), and a specific showing of good cause or compelling reasons with proper
14 evidentiary support and legal justification, must be made with respect to Protected
15 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure
16 or Discovery Material as CONFIDENTIAL does not—without the submission of
17 competent evidence by declaration, establishing that the material sought to be filed under
18 seal qualifies as confidential, privileged, or otherwise protectable—constitute good
19 cause.
20 Further, if a party requests sealing related to a dispositive motion or trial, then
21 compelling reasons, not only good cause, for the sealing must be shown, and the relief
22 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
23 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
24 of information, document, or thing sought to be filed or introduced under seal in
25 connection with a dispositive motion or trial, the party seeking protection must articulate
26 compelling reasons, supported by specific facts and legal justification, for the requested
27 sealing order. Again, competent evidence supporting the application to file documents
28 under seal must be provided by declaration.
♼
COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 2
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1 Any document that is not confidential, privileged, or otherwise protectable in its
2 entirety will not be filed under seal if the confidential portions can be redacted. If
3 documents can be redacted, then a redacted version for public viewing, omitting only
4 the confidential, privileged, or otherwise protectable portions of the document, shall be
5 filed. Any application that seeks to file documents under seal in their entirety should
6 include an explanation of why redaction is not feasible.
7 2. DEFINITIONS
8 2.1 Action: United States of America ex rel. Curt Canales and Doug Bellows v.
9 Nationwide Medical, Inc., Case No. 2:20-cv-07736-MWF-PD.
10 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
11 information or items under this Order.
12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
13 it is generated, stored or maintained) or tangible things that qualify for protection under
14 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
15 Statement. Confidential Information or Items also include, but are not limited to,
16 “Confidential Health Information,” which includes “individually identifiable health
17 information” as defined in 45 C.F.R. § 160.103, and “medical information” as defined
18 in Cal. Civil Code § 56.05(j). Any Confidential Health Information/medical information
19 produced may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a; to the
20 provisions of 45 C.F.R. §§ 164.102-164.534; to the provisions of 42 U.S.C. § 1306; to
21 the provisions of Cal. Civil Code §§ 56.05 et. seq., the California Confidentiality of
22 Medical Information Act; to the peer review confidentiality provisions set forth in
23 California Evidence Code § 1157, and/or to the privacy provisions of various state(s)
24 law(s), and there may be no waiver or authorization by the patient or other holder of
25 privilege/protection to produce the records to any entity outside one of the Parties. All
26 patient files, medical records and documents, or other materials containing individually
27 identifiable health information, and the proceedings and records of peer review
28 committees, shall be deemed to be CONFIDENTIAL.
♼
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1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
2 support staff).
3 2.5 Designating Party: a Party or Non-Party that designates information or
4 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
5 2.6 Disclosure or Discovery Material: all items or information, regardless of the
6 medium or manner in which it is generated, stored, or maintained (including, among
7 other things, testimony, transcripts, and tangible things), that are produced or generated
8 in disclosures or responses to discovery in this matter.
9 2.7 Expert: a person with specialized knowledge or experience in a matter
10 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
11 expert witness or as a consultant in this Action.
12 2.8 House Counsel: attorneys who are employees of a party to this Action.
13 House Counsel does not include Outside Counsel of Record or any other outside counsel.
14 2.9 Non-Party: any natural person, partnership, corporation, association, or
15 other legal entity not named as a Party to this action.
16 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
17 this Action but are retained to represent or advise a party to this Action and have appeared
18 in this Action on behalf of that party or are affiliated with a law firm which has appeared
19 on behalf of that party and includes support staff.
20 2.11 Party: any party to this Action, including all of its officers, directors,
21 employees, consultants, retained experts, and Outside Counsel of Record (and their
22 support staffs).
23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
24 Discovery Material in this Action.
25 2.13 Professional Vendors: persons or entities that provide litigation support
26 services (e.g., photocopying, videotaping, translating, preparing exhibits or
27 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
28 their employees and subcontractors.
♼
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1 2.14 Protected Material: any Disclosure or Discovery Material that is designated
2 as “CONFIDENTIAL.”
3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
4 from a Producing Party.
5 3. SCOPE
6 The protections conferred by this Stipulation and Order cover not only Protected
7 Material (as defined above), but also (1) any information copied or extracted from
8 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
9 Material; and (3) any testimony, conversations, or presentations by Parties or their
10 Counsel that might reveal Protected Material.
11 Any use of Protected Material at trial shall be governed by the orders of the trial
12 judge. This Order does not govern the use of Protected Material at trial.
13 4. DURATION
14 FINAL DISPOSITION of the action is defined as the conclusion of any appellate
15 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.
16 Except as set forth below, the terms of this protective order apply through FINAL
17 DISPOSITION of the action. The parties stipulate that they will be contractually bound
18 by the terms of this agreement beyond FINAL DISPOSITION but will have to file a
19 separate action for enforcement of the agreement once all proceedings in this case are
20 complete.
21 Once a case proceeds to trial, information that was designated as
22 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
23 an exhibit at trial becomes public and will be presumptively available to all members of
24 the public, including the press, unless compelling reasons supported by specific factual
25 findings to proceed otherwise are made to the trial judge in advance of the trial. See
26 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
27 documents produced in discovery from “compelling reasons” standard when merits-
28 related documents are part of court record). Accordingly, for such materials, the terms
♼
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1 of this protective order do not extend beyond the commencement of the trial.
2 5. DESIGNATING PROTECTED MATERIAL
3 5.1 Exercise of Restraint and Care in Designating Material for Protection.
4 Each Party or Non-Party that designates information or items for protection under
5 this Order must take care to limit any such designation to specific material that qualifies
6 under the appropriate standards. The Designating Party must designate for protection
7 only those parts of material, documents, items, or oral or written communications that
8 qualify so that other portions of the material, documents, items, or communications for
9 which protection is not warranted are not swept unjustifiably within the ambit of this
10 Order.
11 Mass, indiscriminate, or routinized designations are prohibited. Designations that
12 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
13 to unnecessarily encumber the case development process or to impose unnecessary
14 expenses and burdens on other parties) may expose the Designating Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection, that Designating Party must
17 promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 5.2 Manner and Timing of Designations.
19 Except as otherwise provided in this Order (see, e.g., second paragraph of section
20 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material
21 that qualifies for protection under this Order must be clearly so designated before the
22 material is disclosed or produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25 documents, but excluding transcripts of depositions or other pretrial or trial proceedings),
26 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
27 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
28 portion or portions of the material on a page qualifies for protection, the Producing Party
♼
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1 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
2 in the margins).
3 A Party or Non-Party that makes original documents available for inspection need
4 not designate them for protection until after the inspecting Party has indicated which
5 documents it would like copied and produced. During the inspection and before the
6 designation, all of the material made available for inspection shall be deemed
7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
8 copied and produced, the Producing Party must determine which documents, or portions
9 thereof, qualify for protection under this Order. Then, before producing the specified
10 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
11 that contains Protected Material. If only a portion or portions of the material on a page
12 qualifies for protection, the Producing Party also must clearly identify the protected
13 portion(s) (e.g., by making appropriate markings in the margins).
14 (b) for testimony given in depositions that the Designating Party identify
15 the Disclosure or Discovery Material on the record, before the close of the deposition all
16 protected testimony.
17 (c) for information produced in some form other than documentary and for
18 any other tangible items, that the Producing Party affix in a prominent place on the
19 exterior of the container or containers in which the information is stored the legend
20 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
21 the Producing Party, to the extent practicable, shall identify the protected portion(s).
22 5.3 Inadvertent Failures to Designate.
23 If timely corrected, an inadvertent failure to designate qualified information or
24 items does not, standing alone, waive the Designating Party’s right to secure protection
25 under this Order for such material. Upon timely correction of a designation, the
26 Receiving Party must make reasonable efforts to assure that the material is treated in
27 accordance with the provisions of this Order.
28 Moreover, any document containing Confidential Health Information/medical
♼
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1 information shall be treated as Protected Material regardless of whether or not such a
2 designation is included in or on the document.
3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
5 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
6 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
7 process under Local Rule 37.1 et seq.
8 6.3 The burden of persuasion in any such challenge proceeding shall be on the
9 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
10 to harass or impose unnecessary expenses and burdens on other parties) may expose the
11 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
12 the confidentiality designation, all parties shall continue to afford the material in question
13 the level of protection to which it is entitled under the Producing Party’s designation
14 until the Court rules on the challenge.
15 7. ACCESS TO AND USE OF PROTECTED MATERIAL
16 7.1 Basic Principles.
17 A Receiving Party may use Protected Material that is disclosed or produced by
18 another Party or by a Non-Party in connection with this Action only for prosecuting,
19 defending, or attempting to settle this Action. Such Protected Material may be disclosed
20 only to the categories of persons and under the conditions described in this Order. When
21 the Action has been terminated, a Receiving Party must comply with the provisions of
22 section 13 below (FINAL DISPOSITION).
23 Protected Material must be stored and maintained by a Receiving Party at a
24 location and in a secure manner that ensures that access is limited to the persons
25 authorized under this Order.
26 7.2 Disclosure of “CONFIDENTIAL” Information or Items.
27 Unless otherwise ordered by the court or permitted in writing by the Designating
28 Party, a Receiving Party may disclose any information or item designated
♼
COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 8
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1 “CONFIDENTIAL” only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
3 well as employees of said Outside Counsel of Record to whom it is reasonably necessary
4 to disclose the information for this Action;
5 (b) the officers, directors, and employees (including House Counsel) of
6 the Receiving Party to whom disclosure is reasonably necessary for this Action;
7 (c) Experts (as defined in this Order) of the Receiving Party to whom
8 disclosure is reasonably necessary for this Action and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (d) the court and its personnel;
11 (e) court reporters and their staff;
12 (f) professional jury or trial consultants, mock jurors, and Professional
13 Vendors to whom disclosure is reasonably necessary for this Action and who have signed
14 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (g) the author or recipient of a document containing the information or a
16 custodian or other person who otherwise possessed or knew the information;
17 (h) during their depositions, witnesses, and attorneys for witnesses, in
18 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not
20 be permitted to keep any confidential information unless they sign the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
22 by the Designating Party or ordered by the court. Pages of transcribed deposition
23 testimony or exhibits to depositions that reveal Protected Material may be separately
24 bound by the court reporter and may not be disclosed to anyone except as permitted
25 under this Stipulated Protective Order; and
26 (i) any mediator or settlement officer, and their supporting personnel,
27 mutually agreed upon by any of the parties engaged in settlement discussions.
28 ///
♼
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1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation that
4 compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification
7 shall include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or
9 order to issue in the other litigation that some or all of the material covered by the
10 subpoena or order is subject to this Protective Order. Such notification shall include a
11 copy of this Stipulated Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be
13 pursued by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with the
15 subpoena or court order shall not produce any information designated in this action as
16 “CONFIDENTIAL” before a determination by the court from which the subpoena or
17 order issued, unless the Party has obtained the Designating Party’s permission. The
18 Designating Party shall bear the burden and expense of seeking protection in that court
19 of its confidential material and nothing in these provisions should be construed as
20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
21 from another court.
22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
23 IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a
25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
26 produced by Non-Parties in connection with this litigation is protected by the remedies
27 and relief provided by this Order. Nothing in these provisions should be construed as
28 prohibiting a Non-Party from seeking additional protections.
♼
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1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is subject
3 to an agreement with the Non-Party not to produce the Non-Party’s confidential
4 information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-
6 Party that some or all of the information requested is subject to a confidentiality
7 agreement with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably
10 specific description of the information requested; and
11 (3) make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this court within
14 14 days of receiving the notice and accompanying information, the Receiving Party may
15 produce the Non-Party’s confidential information responsive to the discovery request. If
16 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
17 information in its possession or control that is subject to the confidentiality agreement
18 with the Non-Party before a determination by the court. Absent a court order to the
19 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
20 court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
26 all unauthorized copies of the Protected Material, (c) inform the person or persons to
27 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
28 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
♼
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1 that is attached hereto as Exhibit A.
2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
3 PROTECTED MATERIAL
4 When a Producing Party gives notice to Receiving Parties that certain
5 inadvertently produced material is subject to a claim of privilege or other protection, the
6 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
7 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
8 established in an e-discovery order that provides for production without prior privilege
9 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
10 an agreement on the effect of disclosure of a communication or information covered by
11 the attorney-client privilege or work product protection, the parties may incorporate their
12 agreement in the stipulated protective order submitted to the court.
13 12. MISCELLANEOUS
14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
15 person to seek its modification by the Court in the future.
16 12.2 Right to Assert Other Objections. By stipulating to the entry of this
17 Protective Order no Party waives any right it otherwise would have to object to
18 disclosing or producing any information or item on any ground not addressed in this
19 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground
20 to use in evidence of any of the material covered by this Protective Order.
21 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
22 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
23 under seal pursuant to a court order authorizing the sealing of the specific Protected
24 Material at issue. If a Party's request to file Protected Material under seal is denied by
25 the court, then the Receiving Party may file the information in the public record unless
26 otherwise instructed by the court.
27 13. FINAL DISPOSITION
28 After the final disposition of this Action, as defined in paragraph 4, within 60 days
♼
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1 of a written request by the Designating Party, each Receiving Party must return all
2 Protected Material to the Producing Party or destroy such material. As used in this
3 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
4 summaries, and any other format reproducing or capturing any of the Protected Material.
5 Whether the Protected Material is returned or destroyed, the Receiving Party must
6 submit a written certification to the Producing Party (and, if not the same person or entity,
7 to the Designating Party) by the 60 day deadline that (1) identifies (by category, where
8 appropriate) all the Protected Material that was returned or destroyed and (2)affirms that
9 the Receiving Party has not retained any copies, abstracts, compilations, summaries or
10 any other format reproducing or capturing any of the Protected Material.
11 14. Any violation of this Order may be punished by any and all appropriate measures
12 including, without limitation, contempt proceedings and/or monetary sanctions.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
♼
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1 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4 Dated: September 19, 2022 COTCHETT, PITRE & McCARTHY, LLP
5 By: /s/Justin T. Berger
JUSTIN T. BERGER
6 THERESA E. VITALE
7 Attorneys for Relators
9 Dated: September 19, 2022 JACOBS & DODDS
10 By: /s/Paul N. Jacobs
PAUL N. JACOBS
11 Attorney for Defendant Nationwide Medical, Inc.
12
13
Dated: September 19, 2022 BROWN & FORTUNATO, P.C.
14
15 By: /s/Bradley W. Howard
BRADLEY W. HOWARD
16 JARED W. BARTON
Attorneys for Defendant Nationwide Medical, Inc.
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19 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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21 A}, Vena 2
» Dated: September 20, 2022 Lena
HON. PATRICIA DONAHUE
23 United States Magistrate Judge
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corcserrmne® || STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 14
Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 16 of 16 Page ID #:279
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
5 of perjury that I have read in its entirety and understand the Stipulated Protective Order
6 that was issued by the United States District Court for the Central District of
7 California on [date] in the case of United States of America ex rel. Curt Canales and
8 Doug Bellows v. Nationwide Medical, Inc., Case No. 2:20-cv-07736-MWF-PD. I
9 agree to comply with and to be bound by all the terms of this Stipulated Protective
10 Order and I understand and acknowledge that failure to so comply could expose me to
11 sanctions and punishment in the nature of contempt. I solemnly promise that I will not
12 disclose in any manner any information or item that is subject to this Stipulated
13 Protective Order to any person or entity except in strict compliance with the provisions
14 of this Order. I further agree to submit to the jurisdiction of the United States District
15 Court for the Central District of California for the purpose of enforcing the terms of
16 this Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint _____________________________ [print
18 or type full name] of _____________________________ [print or type full address
19 and telephone number] as my California agent for service of process in connection with
20 this action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
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23 Date:
24 City and State where sworn and signed:
25 Printed name:
26 Signature:
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COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 15
MCCARTHY, LLP