even stipulated protective 19 orders require good cause showing
How later courts described this case
- even stipulated protective 19 orders require good cause showing
Written by the judges who cited it.
The opinion
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 1 of 21 Page ID #:114
1
2
3
4
5
6
7 UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
9
HEALTHCARE ALLY Case No. 2:22-cv-07125-DMG-AFM
10 MANAGEMENT,
11 Plaintiff, [PROPOSED] STIPULATED
PROTECTIVE ORDER
12 v.
13 UNITED HEALTHCARE SERVICES,
INC., and DOES 1-10,
14
Defendants.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 2 of 21 Page ID #:115
1. A. PURPOSES AND LIMITATIONS
1
Discovery in this action is likely to involve production of confidential,
2
proprietary or private information for which special protection from public
3
disclosure and from use for any purpose other than prosecuting this litigation may
4
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
5
enter the following Stipulated Protective Order.1 The parties acknowledge that this
6
Order does not confer blanket protections on all disclosures or responses to
7
discovery and that the protection it affords from public disclosure and use extends
8
only to the limited information or items that are entitled to confidential treatment
9
under the applicable legal principles.
10
11
B. GOOD CAUSE STATEMENT
12
Discovery in this action is likely to involve patient records and data, medical
13
claim files, non-public financial records and data, employee or personnel files,
14
customer or client lists, confidential contracts, and other healthcare-related
15
information protected by The Health Insurance Portability and Accountability Act
16
of 1996, as well as United Healthcare Services, Inc.’s proprietary claims-review and
17
audit processes, and other non-public, proprietary financial, regulatory, or strategic
18
information and data, that would, if disclosed, cause substantial competitive and
19
economic harm to the Producing Party. Accordingly, to expedite the flow of
20
information, to facilitate the prompt resolution of disputes over confidentiality of
21
discovery materials, to adequately protect information the parties are entitled to keep
22
confidential, to ensure that the parties are permitted reasonable necessary uses of
23
such material in preparation for and in the conduct of trial, to address their handling
24
at the end of the litigation, and serve the ends of justice, a protective order for such
25
26
1 This Stipulated Protective Order is based substantially on the model protective
27
order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
1
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 3 of 21 Page ID #:116
information is justified in this matter. It is the intent of the parties that information
1
will not be designated as confidential for tactical reasons and that nothing be so
2
designated without a good faith belief that it has been maintained in a confidential,
3
non-public manner, and there is good cause why it should not be part of the public
4
record of this case.
5
6
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
7
SEAL
8
The parties further acknowledge, as set forth in Section 12.3, below, that this
9
Stipulated Protective Order does not entitle them to file confidential information
10
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
11
and the standards that will be applied when a party seeks permission from the court
12
to file material under seal.
13
There is a strong presumption that the public has a right of access to judicial
14
proceedings and records in civil cases. In connection with non-dispositive motions,
15
good cause must be shown to support a filing under seal. See Kamakana v. City and
16
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
17
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
18
Electrics,Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
19
orders require good cause showing), and a specific showing of good cause or
20
compelling reasons with proper evidentiary support and legal justification, must be
21
made with respect to Protected Material that a party seeks to file under seal. The
22
parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
23
does not—without the submission of competent evidence by declaration,
24
establishing that the material sought to be filed under seal qualifies as confidential,
25
privileged, or otherwise protectable—constitute good cause.
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
2
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 4 of 21 Page ID #:117
Further, if a party requests sealing related to a dispositive motion or trial, then
1
compelling reasons, not only good cause, for the sealing must be shown, and the
2
relief sought shall be narrowly tailored to serve the specific interest to be protected.
3
See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
4
each item or type of information, document, or thing sought to be filed or introduced
5
under seal in connection with a dispositive motion or trial, the party seeking
6
protection must articulate compelling reasons, supported by specific facts and legal
7
justification, for the requested sealing order. Again, competent evidence supporting
8
the application to file documents under seal must be provided by declaration.
9
Any document that is not confidential, privileged, or otherwise protectable in
10
its entirety will not be filed under seal if the confidential portions can be redacted. If
11
documents can be redacted, then a redacted version for public viewing, omitting only
12
the confidential, privileged, or otherwise protectable portions of the document, shall
13
be filed. Any application that seeks to file documents under seal in their entirety
14
should include an explanation of why redaction is not feasible.
15
16
2. DEFINITIONS
17
2.1 Action: this pending federal lawsuit, Healthcare Ally Management of
18
California, LLC v. United HealthCare Services, Inc., Case No. 2:22-cv-07125-
19
DMG-AFM, which was removed from the Superior Court of California for the
20
County of Los Angeles, Case No. 22STCV27749.
21
2.2 Challenging Party: a Party or Non-Party that challenges the
22
designation of information or items under this Order.
23
2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
24
it is generated, stored or maintained) or tangible things that qualify for protection under
25
Federal Rule of Civil Procedure 26(c), including but not limited to patient records and
26
data, claim files, non-public financial records and data, employee or personnel files,
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
3
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 5 of 21 Page ID #:118
customer or client lists, confidential contracts, other healthcare-related information
1
protected by The Health Insurance Portability and Accountability Act of 1996, and all
2
other information that the party in good faith believes will, if disclosed, cause harm to
3
the Producing Party’s competitive position.
4
2.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:
5
subset of information (regardless of how it is generated, stored or maintained) or
6
tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c)
7
subject to limited disclosure as set forth in Paragraph 7.3, that will, if disclosed, cause
8
substantial competitive and economic harm to the Producing Party. This includes, but
9
is not limited to, trade secrets, United’s proprietary claims-review and audit processes,
10
and all other non-public, proprietary financial, regulatory, or strategic information and
11
data, to the extent that any of these categories of information or tangible things will, if
12
disclosed, cause substantial competitive and economic harm to the Producing Party.
13
2.5 Counsel (without qualifier): Outside Counsel of Record and House
14
Counsel (as well as their support staff).
15
2.6 Designating Party: a Party or Non-Party that designates information or
16
items that it produces in disclosures or in responses to discovery as
17
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
18
2.7 Disclosure or Discovery Material: all items or information, regardless
19
of the medium or manner in which it is generated, stored, or maintained (including,
20
among other things, testimony, transcripts, and tangible things), that are provided,
21
produced or generated in relation to the claims and disputes in this matter or in
22
disclosures or responses to discovery in this matter.
23
2.8 Expert: a person with specialized knowledge or experience in a matter
24
pertinent to the litigation who has been retained by a Party or its counsel to serve as
25
an expert witness or as a consultant in this Action.
26
27
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[PROPOSED] STIPULATED PROTECTIVE ORDER
4
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 6 of 21 Page ID #:119
2.9 House Counsel: attorneys who are employees of a party to this Action.
1
House Counsel does not include Outside Counsel of Record or any other outside
2
counsel.
3
2.10 Non-Party: any natural person, partnership, corporation, association or
4
other legal entity not named as a Party to this Action.
5
2.11 Outside Counsel of Record: attorneys who are not employees of a party
6
to this Action but are retained to represent or advise a party to this Action and have
7
appeared in this Action on behalf of that party or are affiliated with a law firm that
8
has appeared on behalf of that party, and includes support staff.
9
2.12 Party: any party to this Action, including all of its officers, directors,
10
employees, consultants, retained experts, and Outside Counsel of Record (and their
11
support staffs).
12
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
13
Discovery Material in this Action.
14
2.14 Professional Vendors: persons or entities that provide litigation support
15
services (e.g., photocopying, videotaping, translating, preparing exhibits or
16
demonstrations, and organizing, storing, or retrieving data in any form or medium)
17
and their employees and subcontractors.
18
2.15 Protected Material: any Disclosure or Discovery Material that is
19
designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
20
ONLY.”
21
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
22
from a Producing Party.
23
2.17 United: United HealthCare Services, Inc. and its affiliated companies.
24
25
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
5
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 7 of 21 Page ID #:120
3. SCOPE
1
The protections conferred by this Stipulation and Order cover not only
2
Protected Material (as defined above), but also (1) any information copied or
3
extracted from Protected Material; (2) all copies, excerpts, summaries, or
4
compilations of Protected Material; and (3) any testimony, conversations, or
5
presentations by Parties or their Counsel that might reveal Protected Material.
6
However, the protections conferred by this Stipulation and Order do not cover the
7
following information: (a) any information that is in the public domain at the time
8
of disclosure to a Receiving Party or becomes part of the public domain after its
9
disclosure to a Receiving Party as a result of publication not involving a violation of
10
this Order, including becoming part of the public record through trial or otherwise;
11
and (b) any information known to the Receiving Party prior to the disclosure or
12
obtained by the Receiving Party after the disclosure from a source who obtained the
13
information lawfully and under no obligation of confidentiality to the Designating
14
Party.
15
Any use of Protected Material at trial shall be governed by the orders of the
16
trial judge. This Order does not govern the use of Protected Material at trial.
17
18
4. DURATION
19
If this Action proceeds to trial, information that was designated as
20
CONFIDENTIAL or maintained pursuant to this protective order that is used or
21
introduced as an exhibit at trial becomes public and will be presumptively available
22
to all members of the public, including the press, unless compelling reasons
23
supported by specific factual findings to proceed otherwise are made to the trial
24
judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
25
“good cause” showing for sealing documents produced in discovery from
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
6
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 8 of 21 Page ID #:121
“compelling reasons” standard when merits-related documents are part of court
1
record).
2
Even after final disposition of this litigation, as to any information that was
3
designated as CONFIDENTIAL that is not used or introduced as an exhibit at trial,
4
the confidentiality obligations imposed by this Order shall remain in effect until a
5
Designating Party agrees otherwise in writing or a court order otherwise directs.
6
Final disposition shall be deemed to be the later of (1) dismissal of all claims and
7
defenses in this action, with or without prejudice; and (2) final judgment herein after
8
the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
9
of this action, including the time limits for filing any motions or applications for
10
extension of time pursuant to applicable law.
11
12
5. DESIGNATING PROTECTED MATERIAL
13
5.1 Exercise of Restraint and Care in Designating Material for Protection.
14
Each Party or Non-Party that designates information or items for protection under
15
this Order must take care to limit any such designation to specific material that
16
qualifies under the appropriate standards. The Designating Party must designate for
17
protection only those parts of material, documents, items or oral or written
18
communications that qualify so that other portions of the material, documents, items
19
or communications for which protection is not warranted are not swept unjustifiably
20
within the ambit of this Order.
21
Mass, indiscriminate or routinized designations are prohibited. Designations
22
that are shown to be clearly unjustified or that have been made for an improper
23
purpose (e.g., to unnecessarily encumber the case development process or to impose
24
unnecessary expenses and burdens on other parties) may expose the Designating
25
Party to sanctions.
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
7
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 9 of 21 Page ID #:122
If it comes to a Designating Party’s attention that information or items that it
1
designated for protection do not qualify for protection, that Designating Party must
2
promptly notify all other Parties that it is withdrawing the inapplicable designation.
3
5.2 Manner and Timing of Designations. Except as otherwise provided in
4
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
5
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
6
under this Order must be clearly so designated before the material is disclosed or
7
produced.
8
Designation in conformity with this Order requires:
9
(a) for information in documentary form (e.g., paper or electronic
10
documents, but excluding transcripts of depositions or other pretrial or trial
11
proceedings), that the Producing Party affix at a minimum, the legend
12
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to
13
each page that contains protected material. If only a portion of the material on a page
14
qualifies for protection, the Producing Party also must clearly identify the protected
15
portion(s) (e.g., by making appropriate markings in the margins).
16
A Party or Non-Party that makes original documents available for inspection
17
need not designate them for protection until after the inspecting Party has indicated
18
which documents it would like copied and produced. During the inspection and
19
before the designation, all of the material made available for inspection shall be
20
deemed “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
21
ONLY.” After the inspecting Party has identified the documents it wants
22
copied and produced, the Producing Party must determine which documents, or
23
portions thereof, qualify for protection under this Order. Then, before producing the
24
specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
25
to each page that contains Protected Material. If only a portion of the material on a
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
8
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 10 of 21 Page ID #:123
page qualifies for protection, the Producing Party also must clearly identify the
1
protected portion(s) (e.g., by making appropriate markings in the margins).
2
(b) for testimony given in a deposition, confidentiality designations
3
shall be made either on the record or by written notice to the other party within 14
4
days of receipt of the transcript. Unless otherwise agreed, depositions shall be
5
treated as protected under this Order during the 14 day period following receipt of
6
the transcript. The deposition of any witness (or any portion of such deposition) that
7
encompasses information designated as “CONFIDENTIAL” or “CONFIDENTIAL
8
– ATTORNEYS’ EYES ONLY” shall be taken only in the presence of persons who
9
are qualified to have access to such information.
10
(c) for information produced in some form other than documentary
11
and for any other tangible items, that the Producing Party affix in a prominent place
12
on the exterior of the container or containers in which the information is stored the
13
legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
14
ONLY.” If only a portion or portions of the information warrants protection, the
15
Producing Party, to the extent practicable, shall identify the protected portion(s).
16
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
17
failure to designate qualified information or items does not, standing alone, waive
18
the Designating Party’s right to secure protection under this Order for such material.
19
Upon timely correction of a designation, the Receiving Party must make reasonable
20
efforts to assure that the material is treated in accordance with the provisions of this
21
Order.
22
23
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
24
All challenges to confidentiality designations shall proceed under Local Rule
25
37-1 through Local Rule 37-4.
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
9
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 11 of 21 Page ID #:124
7. ACCESS TO AND USE OF PROTECTED MATERIAL
1
7.1 Basic Principles. A Receiving Party may use Protected Material that is
2
disclosed or produced by another Party or by a Non-Party in connection with this
3
Action only for prosecuting, defending or attempting to settle this Action. Such
4
Protected Material may be disclosed only to the categories of persons and under the
5
conditions described in this Order. When the Action has been terminated, a
6
Receiving Party must comply with the provisions of section 13 below (FINAL
7
DISPOSITION).
8
Protected Material must be stored and maintained by a Receiving Party at a
9
location and in a secure manner that ensures that access is limited to the persons
10
authorized under this Order.
11
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
12
otherwise ordered by the court or permitted in writing by the Designating Party, a
13
Receiving Party may disclose any information or item designated
14
“CONFIDENTIAL” only to:
15
(a) the Receiving Party’s Outside Counsel of Record in this Action,
16
as well as employees of said Outside Counsel of Record to whom it is reasonably
17
necessary to disclose the information for this Action;
18
(b) the officers, directors, and employees (including House Counsel)
19
of the Receiving Party to whom disclosure is reasonably necessary for this Action;
20
(c) Experts (as defined in this Order) of the Receiving Party to whom
21
disclosure is reasonably necessary for this Action and who have signed the
22
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
23
(d) the court and its personnel;
24
(e) court reporters and their staff;
25
(f) professional jury or trial consultants, mock jurors, and
26
Professional Vendors to whom disclosure is reasonably necessary for this Action
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
10
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 12 of 21 Page ID #:125
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
1
A);
2
(g) the author or recipient of a document containing the information
3
or a custodian or other person who otherwise possessed or knew the information;
4
(h) during their depositions, witnesses, and attorneys for witnesses,
5
in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
6
party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
7
they will not be permitted to keep any confidential information unless they sign the
8
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
9
agreed by the Designating Party or ordered by the court. Pages of transcribed
10
deposition testimony or exhibits to depositions that reveal Protected Material may
11
be separately bound by the court reporter and may not be disclosed to anyone except
12
as permitted under this Stipulated Protective Order; and
13
(i) any mediator or settlement officer, and their supporting
14
personnel, mutually agreed upon by any of the parties engaged in settlement
15
discussions.
16
7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
17
Information or Items. Unless otherwise ordered by the court or permitted in writing
18
by the Designating Party, a Receiving Party may disclose any information or item
19
designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
20
(a) the Receiving Party’s Outside Counsel of Record in this action;
21
(b) United’s House Counsel in this action;
22
(c) Experts (as defined in this Order) of the Receiving Party to whom
23
disclosure is reasonably necessary for this litigation and who have signed the
24
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
25
(d) the court and its personnel;
26
27
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11
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 13 of 21 Page ID #:126
(e) court reporters and their staff, professional jury or trial consultants,
1
mock jurors, licensed private investigators retained by Counsel, and Professional
2
Vendors to whom disclosure is reasonably necessary for this litigation and who have
3
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4
(f) during their depositions, witnesses in the action to whom disclosure
5
is reasonably necessary and who have signed the “Acknowledgment and Agreement
6
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
7
ordered by the court. Pages of transcribed deposition testimony or exhibits to
8
depositions that reveal Protected Material must be separately bound by the court
9
reporter and may not be disclosed to anyone except as permitted under this Stipulated
10
Protective Order.
11
(g) the author or recipient of a document containing the information or
12
a custodian or other person who otherwise possessed or knew the information.
13
14
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
15
IN OTHER LITIGATION
16
If a Party is served with a subpoena or a court order issued in other litigation
17
that compels disclosure of any information or items designated in this Action as
18
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that
19
Party must:
20
(a) unless prohibited by a Court Order, or specifically prohibited by a
21
statute or regulation cited to the producing party by the requesting party, promptly
22
notify in writing the Designating Party. Such notification shall include a copy of the
23
subpoena or court order, unless prohibited by law;
24
(b) promptly notify in writing the party who caused the request, subpoena,
25
or order to issue in the other litigation that some or all of the material covered by the
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
12
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 14 of 21 Page ID #:127
request, subpoena, or order is subject to this Protective Order. Such notification shall
1
include a copy of this Stipulated Protective Order; and
2
(c) when applicable, as set forth in Section 8(a) above, cooperate with
3
respect to all reasonable procedures sought to be pursued by the Designating Party
4
whose Protected Material may be affected. However, the parties must follow the
5
procedures set forth in Federal Rule of Civil Procedure 45(d)(2) when asserting that
6
subpoenaed or requested information is subject to a privilege. The filing of a motion
7
for a protective order does not, by itself, stay compliance with a subpoena.
8
If the Designating Party timely seeks a protective order, the Party served with
9
the subpoena or court order shall not produce any information designated in this
10
action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
11
ONLY” before a determination by the court from which the subpoena or order
12
issued, unless the Party has obtained the Designating Party’s permission or as
13
otherwise required by law or court order. The Designating Party shall bear the
14
burden and expense of seeking protection in that court of its confidential material
15
and nothing in these provisions should be construed as authorizing or encouraging a
16
Receiving Party in this Action to disobey a lawful directive from another court.
17
18
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
19
PRODUCED IN THIS LITIGATION
20
(a) The terms of this Order are applicable to information produced by a
21
Non-Party in this Action and designated as “CONFIDENTIAL” or
22
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced
23
by Non-Parties in connection with this litigation, when so designated by the Non-
24
Party upon production or by any other Party pursuant to Section 9(b) below, is
25
protected by the remedies and relief provided by this Order. Nothing in these
26
27
28 2:22-CV-07125-DMG-AFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
13
Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 15 of 21 Page ID #:128
provisions should be construed as prohibiting a Non-Party from seeking additional
1
protections.
2
(b) In the event that a Party is required, by a valid discovery request, to
3
produce a Non-Party’s confidential information in its possession, and the Party is
4
subject to an agreement with the Non-Party not to produce the Non-Party’s
5
confidential information, then the Party shall:
6
(1) promptly notify in writing the Requesting Party and the Non-
7
Party that some or all of the information requested is subject to a confidentiality
8
agreement with a Non-Party;
9
(2) promptly provide the Non-Party with a copy of the Stipulated
10
Protective Order in this Action, the relevant discovery request(s), and a reasonably
11
specific description of the information requested; and
12
(3) make the information requested available for inspection by the
13
Non-Party, if requested.
14
(c) If the Non-Party fails to seek a protective order from this court within
15
14 days of receiving the notice and accompanying information, the Receiving Party
16
may produce the Non-Party’s confidential information responsive to the discovery
17
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
18
not produce any information in its possession or control that is subject to the
19
confidentiality agreement with the Non-Party before a determination by the court.
20
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
21
of seeking protection in this court of its Protected Material.
22
23
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25
Protected Material to any person or in any circumstance not authorized under this
26
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
1
to retrieve all unauthorized copies of the Protected Material, (c) inform the person
2
or persons to whom unauthorized disclosures were made of all the terms of this
3
Order, and (d) request such person or persons to execute the “Acknowledgment
4
and Agreement to Be Bound” that is attached hereto as Exhibit A.
5
6
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
7
PROTECTED MATERIAL
8
In accordance with Federal Rule of Civil Procedure 26(b)(5)(B) and Federal
9
Rule of Evidence 502, any Party who inadvertently produces Discovery Material
10
that is privileged or otherwise immune from discovery shall, promptly upon
11
discovery of such inadvertent production, so advise the Producing Party and request
12
that the Discovery Materials be returned. The Receiving Party shall return,
13
sequester, or destroy such inadvertently produced Discovery Materials, including all
14
copies, within five (5) business days of receiving such a written request. The Party
15
returning such inadvertently produced Discovery Materials may thereafter seek re-
16
production of any such Discovery Materials pursuant to applicable law.
17
18
12. MISCELLANEOUS
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12.1 Right to Further Relief. Nothing in this Order abridges the right of any
20
person to seek its modification by the Court in the future.
21
12.2 Right to Assert Other Objections. By stipulating to the entry of this
22
Protective Order, no Party waives any right it otherwise would have to object to
23
disclosing or producing any information or item on any ground not addressed in this
24
Stipulated Protective Order. Similarly, no Party waives any right to object on any
25
ground to use in evidence of any of the material covered by this Protective Order.
26
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12.3 Filing Protected Material. Without written permission from the
1
Designating Party or a court order secured after appropriate notice to all interested
2
persons, a Party may not file in the public record in this action any Protected
3
Material. A Party that seeks to file any Protected Material under seal must comply
4
with Local Rule 79-5. Protected Material may only be filed under seal pursuant to
5
a court order authorizing the sealing of the specific Protected Material at issue.
6
Pursuant to Local Rule 79-5, a sealing order will issue only upon a request
7
establishing that the Protected Material at issue is privileged, protectable as a trade
8
secret, or otherwise entitled to protection under the law. If a Receiving Party's
9
request to file Protected Material under seal pursuant to Local Rule 79-5 is denied
10
by the court, then the Receiving Party may file the information in the public record
11
unless otherwise instructed by the court.
12
13
13. FINAL DISPOSITION
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After the final disposition of this Action, as defined in paragraph 4, within 60
15
days, each Receiving Party must return all Protected Material to the Producing Party
16
or destroy such material. As used in this subdivision, “all Protected Material”
17
includes all copies, abstracts, compilations, summaries, and any other format
18
reproducing or capturing any of the Protected Material. Whether the Protected
19
Material is returned or destroyed, the Receiving Party must submit a written
20
certification to the Producing Party (and, if not the same person or entity, to the
21
Designating Party) by the 60 day deadline that (1) identifies (by category, where
22
appropriate) all the Protected Material that was returned or destroyed, and (2) affirms
23
that the Receiving Party has not retained any copies, abstracts, compilations,
24
summaries or any other format reproducing or capturing any of the Protected
25
Material. Notwithstanding this provision, Counsel are entitled to retain an archival
26
copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
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Cage 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 18 of 21 Page ID #:131
' memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
5 work product, and consultant and expert work product, even if such materials contain
4 Protected Material. Any such archival copies that contain or constitute Protected
4 Material remain subject to this Protective Order as set forth in Section 4
5 (DURATION).
7 ||14- MIQLATION
g Any violation of this Order may be punished by appropriate measures
9 including, without limitation, contempt proceedings and/or monetary sanctions.
10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
11
1 DATED: January 10, 2023
13
/s/ Jonathan A. Stieglitz
14 || Attorneys for Plaintiff
15
16 |};DATED: January 10, 2023
17
1g ||/S/Nicole E. Wurscher
Attorneys for Defendant
19
20
21
22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23
24 ||/DATED: 1/11/2023
25 -
ky Wf
26 ||HON. ALEXANDER F. MacKINNON
27 ||United States Magistrate Judge
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EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
I, _____________________________ [print or type full name], of
3
_________________ [print or type full address], declare under penalty of perjury
4
that I have read in its entirety and understand the Stipulated Protective Order that
5
was issued by the United States District Court for the Central District of California
6
on [date] in the case of Healthcare Ally Management of California, LLC v. United
7
HealthCare Services, Inc., Case No. 2:22-cv-07125-DMG-AFM. I agree to comply
8
with and to be bound by all the terms of this Stipulated Protective Order and I
9
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
11
in any manner any information 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. I further agree to submit to the jurisdiction of the United States District Court
14
for the Central District of California for enforcing the terms of this Stipulated
15
Protective Order, even if such enforcement proceedings occur after termination of
16
this action. I hereby appoint _______________________________________ [print
17
or type full name] of _______________________________________ [print or type
18
full address and telephone number] as my California agent for service of process in
19
connection with this action or any proceedings related to enforcement of this
20
Stipulated Protective Order.
21
Date: ______________________________________
22
City and State where sworn and signed: _________________________________
23
24
Printed name: _______________________________
25
26
Signature: __________________________________
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1 CERTIFICATION PURSUANT TO LOCAL RULE 5-4.3.4(a)(2)(i)
2 Pursuant to Local Rule 5-4.3.4, I hereby certify that the content of this
3 document is acceptable to Jonathan A. Stieglitz, counsel for Plaintiff, and I have
4 obtained his authorization to affix his electronic signature to this document.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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21
22
23
24
25
26
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Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 21 of 21 Page ID #:134
1 Proof of Service
2
I am employed in the County of Orange, State of California. I am over the age of
3
18 years and not a party to the within action. My business address is 20 Enterprise,
4
Suite 310, Aliso Viejo, CA 92656.
5
On January 11, 2023, I served the foregoing document(s) described as
6
[PROPOSED] STIPULATED PROTECTIVE ORDER
7
on all interested parties in this action as follows (or as on the attached service list):
8 Jonathan A. Stieglitz Jonathan.a.stieglitz@gmail.com
The Law Offices of Jonathan A. Stieglitz
9 11845 W. Olympic Blvd., Suite 800
Los Angeles, CA 90064
10 Tel: 323-979-2063
Fax: 323-488-6748
11
12 (VIA E-MAIL OR ELECTRONIC TRANSMISSION) Based on a
court order or an agreement of the parties to accept service by e-mail or electronic
13 transmission, I caused the document(s) to be sent to the person(s) at the e-mail
address(es) listed above. I did not receive, within a reasonable time after the
14 transmission, any electronic message or other indication that the transmission was
unsuccessful.
15
BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the
16 document(s) with the Clerk of the Court by using the CM/ECF system. Participants
in the case who are registered CM/ECF users will be served by the CM/ECF
17 system. Participants in the case who are not registered CM/ECF users will be
served by mail or by other means permitted by the court rules.
18
19
I declare under penalty of perjury under the laws of the State of
20
California that the above is true and correct.
21
Executed on January 11, 2023, at Aliso Viejo, California.
22
23
24 Nicole E. Wurscher
25
26
27
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[PROPOSED] STIPULATED PROTECTIVE ORDER
1