2 cScYhLilVl@IAgr JsOmO.c o (mSBN: 308236) sjoo@grsm.com 3 GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd Floor 4 Los Angeles, CA 90071 Telephone: (213) 576-5000 5 Facsimile: (213) 680-4470 6 Attorneys for Defendants UNITEDHEALTHCARE, INC. and 7 UNITEDHEALTHCARE INSURANCE COMPANY 8 GARY L. TYSCH (SBN: 128389) gltysch@pacbell.net 9 LAW OFFICES OF GARY L. TYSCH 16133 Ventura Boulevard, Suite 580 10 Encino, CA 91436 Telephone: (818) 995-9555 11 Facsimile: (818) 995-9550 12 Attorneys for Plaintiffs CALIFORNIA SURGERY CENTER, INC. and 13 CALIFORNIA SPINE AND PAIN INSTITUTE 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 CALIFORNIA SURGERY CENTER, ) CASE NO. 2:19-cv-02309-DDP 18 INC. and CALIFORNIA SPINE AND ) (AFMx) PAIN INSTITUTE, ) District Judge: Hon. Dean D. 19 ) Pregerson Plaintiff, ) Magistrate Judge: Hon. Alexander F. 20 ) MacKinnon vs. ) 21 UNITEDHEALTHCARE, INC.; ) 22 UNITEDHEALTHCARE INSURANCE ) REVISED STIPULATION AND COMPANY; and DOES 1-20, inclusive, ) [PROPOSED] PROTECTIVE 23 ) ORDER Defendants. ) 24 ) ) DISCOVERY MATTER 25 ) ) 26 ) ) 27 ) ) 28 2 SURGERY CENTER, INC. and CALIFORNIA SPINE AND PAIN INSTITUTE 3 (collectively referred to as “Plaintiffs”) and Defendants UNITEDHEALTHCARE, 4 INC. and UNITEDHEALTHCARE INSURANCE COMPANY (collectively 5 referred to as “UHC”) (Plaintiffs and UHC are together referred to as “the 6 Parties”), by and through their counsel of record, that in order to facilitate the 7 exchange of information and documents which may be subject to confidentiality 8 limitations on disclosure due to federal laws, state laws, and privacy rights, the 9 Parties stipulate as follows: 10 1. In this Stipulation and Protective Order, the words set forth below 11 shall have the following meanings: 12 a. “Proceeding” means the above-entitled proceeding, United 13 States District Court for the Central District of California Case No. 2:19-cv- 14 02309-DDP (AFMx); 15 b. “Court” means District Judge Dean D. Pregerson, Magistrate 16 Judge Alexander F. MacKinnon, or any other Judge to which this Proceeding may 17 be assigned, including Court staff participating in such proceedings. 18 c. “Confidential” means any information which is in the 19 possession of a Designating Party who believes in good faith that such information 20 is entitled to confidential treatment under applicable law, including any patient 21 health information required to be kept confidential under any state or federal law, 22 including 45 C.F.R. Parts 160 and 164 promulgated pursuant to the Health 23 Insurance Portability and Accountability Act of 1996 (see 45 C.F.R. §§ 164.501 & 24 160.103). 25 d. “Confidential Materials” means any Documents, Testimony or 26 Information as defined below designated as “Confidential” pursuant to the 27 provisions of this Stipulation and Protective Order and includes, but is not limited 28 to, materials designated as “Attorney-Eyes Only”. “Attorney-Eyes Only” means any Confidential Materials which 2 information should not be disclosed to anyone other than a Party’s attorney. 3 f. “Designating Party” means the Party that designates Materials 4 as “Confidential” or “Attorney-Eyes Only”. 5 g. “Disclose” or “Disclosed” or “Disclosure” means to reveal, 6 divulge, give, or make available Materials, or any part thereof, or any information 7 contained therein. 8 h. “Documents” means (i) any “Writing,” “Original,” and 9 “Duplicate” as those terms are defined by California Evidence Code Sections 250, 10 255, and 260, which have been produced in discovery in this Proceeding by any 11 person, and (ii) any copies, reproductions, or summaries of all or any part of the 12 foregoing. 13 i. “Information” means the content of Documents or Testimony. 14 j. “Testimony” means all depositions, declarations or other 15 testimony taken or used in this Proceeding. 16 2. The Designating Party shall have the right to designate as 17 “Confidential” any Documents, Testimony or Information that the Designating 18 Party in good faith believes to contain non-public information that is entitled to 19 confidential treatment under applicable law. 20 3. The Designating Party shall have the right to designate as “Attorney- 21 Eyes Only” any Confidential Materials that the Designating Party in good faith 22 believes to contain non-public information that is entitled to confidential treatment 23 under applicable law and that which should not be seen by any person other than a 24 Party’s attorney. 25 4. The entry of this Stipulation and Protective Order does not alter, 26 waive, modify, or abridge any right, privilege or protection otherwise available to 27 any Party with respect to the discovery of matters, including but not limited to any 28 Party’s right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, or any Party’s right to contest any such assertion. 2 “Confidential” or “Attorney-Eyes Only” must be clearly so designated before the 3 Document, Testimony or Information is Disclosed or produced. The parties may 4 agree that the case name and number are to be part of the “Confidential” or 5 “Attorney-Eyes Only” designation. The “Confidential” or “Attorney-Eyes Only” 6 designation should not obscure or interfere with the legibility of the designated 7 Information. 8 a. For Documents (apart from transcripts of depositions or other 9 pretrial or trial proceedings), the Designating Party must affix the legend 10 “Confidential” and/or redact or obscure all confidential information on each page 11 of any Document containing such designated Confidential Material. 12 b. For Testimony given in depositions the Designating Party may 13 either: 14 i. identify on the record, before the close of the deposition, 15 as “Confidential” Testimony, by specifying all portions of the 16 Testimony that qualify as “Confidential;” or 17 ii. designate the entirety of the Testimony at the deposition 18 as “Confidential” (before the deposition is concluded) with the right 19 to identify more specific portions of the Testimony as to which 20 protection is sought within 30 days following receipt of the 21 deposition transcript. In circumstances where portions of the 22 deposition Testimony are designated for protection, the transcript 23 pages containing “Confidential” Information may be separately 24 bound by the court reporter, who must affix to the top of each page 25 the legend “Confidential,” as instructed by the Designating Party. 26 c. For Information produced in some form other than 27 Documents, and for any other tangible items, including, without limitation, 28 compact discs or DVDs, the Designating Party must affix in a prominent place on the exterior of the container or containers in which the Information or item is 2 the Information or item warrant protection, the Designating Party, to the extent 3 practicable, shall identify the “Confidential” or “Attorney-Eyes Only” portions. 4 6. The inadvertent production by any of the undersigned Parties or non- 5 Parties to the Proceedings of any Document, Testimony or Information during 6 discovery in this Proceeding without a “Confidential” or “Attorney-Eyes Only” 7 designation, shall be without prejudice to any claim that such item is 8 “Confidential” or “Attorney-Eyes Only” and such Party shall not be held to have 9 waived any rights by such inadvertent production.
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2 cScYhLilVl@IAgr JsOmO.c o (mSBN: 308236) sjoo@grsm.com 3 GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd Floor 4 Los Angeles, CA 90071 Telephone: (213) 576-5000 5 Facsimile: (213) 680-4470 6 Attorneys for Defendants UNITEDHEALTHCARE, INC. and 7 UNITEDHEALTHCARE INSURANCE COMPANY 8 GARY L. TYSCH (SBN: 128389) gltysch@pacbell.net 9 LAW OFFICES OF GARY L. TYSCH 16133 Ventura Boulevard, Suite 580 10 Encino, CA 91436 Telephone: (818) 995-9555 11 Facsimile: (818) 995-9550 12 Attorneys for Plaintiffs CALIFORNIA SURGERY CENTER, INC. and 13 CALIFORNIA SPINE AND PAIN INSTITUTE 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 CALIFORNIA SURGERY CENTER, ) CASE NO. 2:19-cv-02309-DDP 18 INC. and CALIFORNIA SPINE AND ) (AFMx) PAIN INSTITUTE, ) District Judge: Hon. Dean D. 19 ) Pregerson Plaintiff, ) Magistrate Judge: Hon. Alexander F. 20 ) MacKinnon vs. ) 21 UNITEDHEALTHCARE, INC.; ) 22 UNITEDHEALTHCARE INSURANCE ) REVISED STIPULATION AND COMPANY; and DOES 1-20, inclusive, ) [PROPOSED] PROTECTIVE 23 ) ORDER Defendants. ) 24 ) ) DISCOVERY MATTER 25 ) ) 26 ) ) 27 ) ) 28 2 SURGERY CENTER, INC. and CALIFORNIA SPINE AND PAIN INSTITUTE 3 (collectively referred to as “Plaintiffs”) and Defendants UNITEDHEALTHCARE, 4 INC. and UNITEDHEALTHCARE INSURANCE COMPANY (collectively 5 referred to as “UHC”) (Plaintiffs and UHC are together referred to as “the 6 Parties”), by and through their counsel of record, that in order to facilitate the 7 exchange of information and documents which may be subject to confidentiality 8 limitations on disclosure due to federal laws, state laws, and privacy rights, the 9 Parties stipulate as follows: 10 1. In this Stipulation and Protective Order, the words set forth below 11 shall have the following meanings: 12 a. “Proceeding” means the above-entitled proceeding, United 13 States District Court for the Central District of California Case No. 2:19-cv- 14 02309-DDP (AFMx); 15 b. “Court” means District Judge Dean D. Pregerson, Magistrate 16 Judge Alexander F. MacKinnon, or any other Judge to which this Proceeding may 17 be assigned, including Court staff participating in such proceedings. 18 c. “Confidential” means any information which is in the 19 possession of a Designating Party who believes in good faith that such information 20 is entitled to confidential treatment under applicable law, including any patient 21 health information required to be kept confidential under any state or federal law, 22 including 45 C.F.R. Parts 160 and 164 promulgated pursuant to the Health 23 Insurance Portability and Accountability Act of 1996 (see 45 C.F.R. §§ 164.501 & 24 160.103). 25 d. “Confidential Materials” means any Documents, Testimony or 26 Information as defined below designated as “Confidential” pursuant to the 27 provisions of this Stipulation and Protective Order and includes, but is not limited 28 to, materials designated as “Attorney-Eyes Only”. “Attorney-Eyes Only” means any Confidential Materials which 2 information should not be disclosed to anyone other than a Party’s attorney. 3 f. “Designating Party” means the Party that designates Materials 4 as “Confidential” or “Attorney-Eyes Only”. 5 g. “Disclose” or “Disclosed” or “Disclosure” means to reveal, 6 divulge, give, or make available Materials, or any part thereof, or any information 7 contained therein. 8 h. “Documents” means (i) any “Writing,” “Original,” and 9 “Duplicate” as those terms are defined by California Evidence Code Sections 250, 10 255, and 260, which have been produced in discovery in this Proceeding by any 11 person, and (ii) any copies, reproductions, or summaries of all or any part of the 12 foregoing. 13 i. “Information” means the content of Documents or Testimony. 14 j. “Testimony” means all depositions, declarations or other 15 testimony taken or used in this Proceeding. 16 2. The Designating Party shall have the right to designate as 17 “Confidential” any Documents, Testimony or Information that the Designating 18 Party in good faith believes to contain non-public information that is entitled to 19 confidential treatment under applicable law. 20 3. The Designating Party shall have the right to designate as “Attorney- 21 Eyes Only” any Confidential Materials that the Designating Party in good faith 22 believes to contain non-public information that is entitled to confidential treatment 23 under applicable law and that which should not be seen by any person other than a 24 Party’s attorney. 25 4. The entry of this Stipulation and Protective Order does not alter, 26 waive, modify, or abridge any right, privilege or protection otherwise available to 27 any Party with respect to the discovery of matters, including but not limited to any 28 Party’s right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, or any Party’s right to contest any such assertion. 2 “Confidential” or “Attorney-Eyes Only” must be clearly so designated before the 3 Document, Testimony or Information is Disclosed or produced. The parties may 4 agree that the case name and number are to be part of the “Confidential” or 5 “Attorney-Eyes Only” designation. The “Confidential” or “Attorney-Eyes Only” 6 designation should not obscure or interfere with the legibility of the designated 7 Information. 8 a. For Documents (apart from transcripts of depositions or other 9 pretrial or trial proceedings), the Designating Party must affix the legend 10 “Confidential” and/or redact or obscure all confidential information on each page 11 of any Document containing such designated Confidential Material. 12 b. For Testimony given in depositions the Designating Party may 13 either: 14 i. identify on the record, before the close of the deposition, 15 as “Confidential” Testimony, by specifying all portions of the 16 Testimony that qualify as “Confidential;” or 17 ii. designate the entirety of the Testimony at the deposition 18 as “Confidential” (before the deposition is concluded) with the right 19 to identify more specific portions of the Testimony as to which 20 protection is sought within 30 days following receipt of the 21 deposition transcript. In circumstances where portions of the 22 deposition Testimony are designated for protection, the transcript 23 pages containing “Confidential” Information may be separately 24 bound by the court reporter, who must affix to the top of each page 25 the legend “Confidential,” as instructed by the Designating Party. 26 c. For Information produced in some form other than 27 Documents, and for any other tangible items, including, without limitation, 28 compact discs or DVDs, the Designating Party must affix in a prominent place on the exterior of the container or containers in which the Information or item is 2 the Information or item warrant protection, the Designating Party, to the extent 3 practicable, shall identify the “Confidential” or “Attorney-Eyes Only” portions. 4 6. The inadvertent production by any of the undersigned Parties or non- 5 Parties to the Proceedings of any Document, Testimony or Information during 6 discovery in this Proceeding without a “Confidential” or “Attorney-Eyes Only” 7 designation, shall be without prejudice to any claim that such item is 8 “Confidential” or “Attorney-Eyes Only” and such Party shall not be held to have 9 waived any rights by such inadvertent production. In the event that any Document, 10 Testimony or Information that is subject to a “Confidential” or “Attorney-Eyes 11 Only” designation is inadvertently produced without such designation, the Party 12 that inadvertently produced the document shall give written notice of such 13 inadvertent production within twenty (20) days of discovery of the inadvertent 14 production, together with a further copy of the subject Document, Testimony or 15 Information designated as “Confidential” or “Attorney-Eyes Only” (the 16 “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production 17 Notice, the Party that received the inadvertently produced Document, Testimony or 18 Information shall promptly destroy the inadvertently produced Document, 19 Testimony or Information and all copies thereof, or, at the expense of the 20 producing Party, return such together with all copies of such Document, Testimony 21 or Information to counsel for the producing Party and shall retain only the 22 “Confidential” or “Attorney-Eyes Only” designated Materials. Should the 23 receiving Party choose to destroy such inadvertently produced Document, 24 Testimony or Information, the receiving Party shall notify the producing Party in 25 writing of such destruction within ten (10) days of receipt of written notice of the 26 inadvertent production. This provision is not intended to apply to any inadvertent 27 production of any Information protected by attorney-client or work product 28 privileges. In the event that this provision conflicts with any applicable law regarding waiver of confidentiality through the inadvertent production of 2 7. In the event that counsel for a Party receiving Documents, Testimony 3 or Information in discovery designated as “Confidential” or “Attorney-Eyes Only” 4 objects to such designation with respect to any or all of such items, said counsel 5 shall advise counsel for the Designating Party, in writing, of such objections, the 6 specific Documents, Testimony or Information to which each objection pertains, 7 and the specific reasons and support for such objections (the “Designation 8 Objections”). Counsel for the Designating Party shall have thirty (30) days from 9 receipt of the written Designation Objections to either (a) agree in writing to de- 10 designate Documents, Testimony or Information pursuant to any or all of the 11 Designation Objections and/or (b) file a motion with the Court seeking to uphold 12 any or all designations on Documents, Testimony or Information addressed by the 13 Designation Objections (the “Designation Motion”). Pending a resolution of the 14 Designation Motion by the Court, any and all existing designations on the 15 Documents, Testimony or Information at issue in such Motion shall remain in 16 place. The Designating Party shall have the burden on any Designation Motion of 17 establishing the applicability of its “Confidential” or “Attorney-Eyes Only” 18 designation. In the event that the Designation Objections are neither timely agreed 19 to nor timely addressed in the Designation Motion, then such Documents, 20 Testimony or Information shall be de-designated in accordance with the 21 Designation Objection applicable to such material. 22 8. Access to and/or Disclosure of Confidential Materials designated as 23 “Confidential” shall be permitted only to the following persons: 24 a. the Court; 25 b. (1) Attorneys of record in the Proceedings and their affiliated 26 attorneys, paralegals, clerical and secretarial staff employed by such attorneys who 27 are actively involved in the Proceedings and are not employees of any Party. (2) 28 In-house counsel to the undersigned Parties and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that each non- 2 are being Disclosed pursuant to, and are subject to, the terms of this Stipulation 3 and Protective Order and that they may not be Disclosed other than pursuant to its 4 terms; 5 c. those officers, directors, partners, members, employees and 6 agents of all non-designating Parties that counsel for such Parties deems necessary 7 to aid counsel in the prosecution and defense of this Proceeding; provided, 8 however, that prior to the Disclosure of Confidential Materials to any such officer, 9 director, partner, member, employee or agent, counsel for the Party making the 10 Disclosure shall deliver a copy of this Stipulation and Protective Order to such 11 person, shall explain that such person is bound to follow the terms of such Order, 12 and shall secure the signature of such person on a statement in the form attached 13 hereto as Exhibit A; 14 d. court reporters in this Proceeding (whether at depositions, 15 hearings, or any other proceeding); 16 e. any deposition, trial or hearing witness in the Proceeding who 17 previously has had access to the Confidential Materials, or who is currently or was 18 previously an officer, director, partner, member, employee or agent of an entity 19 that has had access to the Confidential Materials; 20 f. any deposition or non-trial hearing witness in the Proceeding 21 who previously did not have access to the Confidential Materials; provided, 22 however, that each such witness given access to Confidential Materials shall be 23 advised that such Materials are being Disclosed pursuant to, and are subject to, the 24 terms of this Stipulation and Protective Order and that they may not be Disclosed 25 other than pursuant to its terms; 26 g. mock jury participants, provided, however, that prior to the 27 Disclosure of Confidential Materials to any such mock jury participant, counsel for 28 the Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain that such person is bound to follow 2 statement in the form attached hereto as Exhibit A; 3 h. outside experts or expert consultants consulted by the 4 undersigned Parties or their counsel in connection with the Proceeding, whether or 5 not retained to testify at any oral hearing; provided, however, that prior to the 6 Disclosure of Confidential Materials to any such expert or expert consultant, 7 counsel for the Party making the Disclosure shall deliver a copy of this Stipulation 8 and Protective Order to such person, shall explain its terms to such person, and 9 shall secure the signature of such person on a statement in the form attached hereto 10 as Exhibit A. It shall be the obligation of counsel, upon learning of any breach or 11 threatened breach of this Stipulation and Protective Order by any such expert or 12 expert consultant, to promptly notify counsel for the Designating Party of such 13 breach or threatened breach; 14 i. third party witnesses whether or not they will testify at any oral 15 hearing; provided, however, that prior to the Disclosure of Confidential Materials 16 to any such third party witness, counsel for the Party making the Disclosure shall 17 deliver a copy of this Stipulation and Protective Order to such person, shall explain 18 its terms to such person, and shall secure the signature of such person on a 19 statement in the form attached hereto as Exhibit A; and 20 j. any other person that the Designating Party agrees to in writing. 21 9. Access to and/or Disclosure of Confidential Materials designated as 22 “Attorney-Eyes Only” shall be permitted only to the following persons: 23 (1) Attorneys of record in the Proceedings and their affiliated 24 attorneys, paralegals, clerical and secretarial staff employed by such 25 attorneys who are actively involved in the Proceedings and are not 26 employees of any Party. 27 (2) In-house counsel to the undersigned Parties and the paralegal, 28 clerical and secretarial staff employed by such counsel. Provided, however, that each non-lawyer given access to Confidential Materials 2 and are subject to, the terms of this Stipulation and Protective Order 3 and that they may not be Disclosed other than pursuant to its terms. 4 10. Confidential Materials shall be used by the persons receiving them 5 only for the purposes of preparing for, conducting, participating in the conduct of, 6 and/or prosecuting and/or defending the Proceeding, and not for any business or 7 other purpose whatsoever. 8 11. Any Party to the Proceeding (or other person subject to the terms of 9 this Stipulation and Protective Order) may ask the Court, after appropriate notice to 10 the other Parties to the Proceeding, to modify or grant relief from any provision of 11 this Stipulation and Protective Order. 12 12. Entering into, agreeing to, and/or complying with the terms of this 13 Stipulation and Protective Order shall not: 14 a. operate as an admission by any person that any particular 15 Document, Testimony or Information marked “Confidential” or “Attorney-Eyes 16 Only” contains or reflects trade secrets, proprietary, confidential or competitively 17 sensitive business, commercial, financial or personal information; or 18 b. prejudice in any way the right of any Party (or any other 19 person subject to the terms of this Stipulation and Protective Order): 20 i. to seek a determination by the Court of whether any 21 particular Confidential Material should be subject to protection as 22 “Confidential” or “Attorney-Eyes Only” under the terms of this 23 Stipulation and Protective Order; or 24 ii. to seek relief from the Court on appropriate notice to all 25 other Parties to the Proceeding from any provision(s) of this 26 Stipulation and Protective Order, either generally or as to any 27 particular Document, Material or Information. 28 / / / / 2 Protective Order as of the time it is presented to the Court for signature may 3 thereafter become a Party to this Stipulation and Protective Order by its counsel’s 4 signing and dating a copy thereof and filing the same with the Court, and serving 5 copies of such signed and dated copy upon the other Parties to this Stipulation and 6 Protective Order. 7 14. Any Information that may be produced by a non-Party witness in 8 discovery in the Proceeding pursuant to subpoena or otherwise may be designated 9 by such non-Party as “Confidential” or “Attorney-Eyes Only” under the terms of 10 this Stipulation and Protective Order, and any such designation by a non-Party 11 shall have the same force and effect, and create the same duties and obligations, as 12 if made by one of the undersigned Parties hereto. Any such designation shall also 13 function as a consent by such producing Party to the authority of the Court in the 14 Proceeding to resolve and conclusively determine any motion or other application 15 made by any person or Party with respect to such designation, or any other matter 16 otherwise arising under this Stipulation and Protective Order. 17 15. If any person subject to this Stipulation and Protective Order who has 18 custody of any Confidential Materials receives a subpoena or other process 19 (“Subpoena”) from any government or other person or entity demanding 20 production of Confidential Materials, the recipient of the Subpoena shall promptly 21 give notice of the same by electronic mail transmission, followed by either express 22 mail or overnight delivery to counsel of record for the Designating Party, and shall 23 furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the 24 Designating Party may, in its sole discretion and at its own cost, move to quash or 25 limit the Subpoena, otherwise oppose production of the Confidential Materials, 26 and/or seek to obtain confidential treatment of such Confidential Materials from 27 the subpoenaing person or entity to the fullest extent available under law. The 28 recipient of the Subpoena may not produce any Documents, Testimony or Information pursuant to the Subpoena prior to the date specified for production on 2 16. Nothing in this Stipulation and Protective Order shall be construed to 3 preclude either Party from asserting in good faith that certain Confidential 4 Materials require additional protection. The Parties shall meet and confer to agree 5 upon the terms of such additional protection. 6 17. If, after execution of this Stipulation and Protective Order, any 7 Confidential Materials submitted by a Designating Party under the terms of this 8 Stipulation and Protective Order is Disclosed by a non-Designating Party to any 9 person other than in the manner authorized by this Stipulation and Protective 10 Order, the non-Designating Party responsible for the Disclosure shall bring all 11 pertinent facts relating to the Disclosure of such Confidential Materials to the 12 immediate attention of the Designating Party. 13 18. This Stipulation and Protective Order is entered into without prejudice 14 to the right of any Party to knowingly waive the applicability of this Stipulation 15 and Protective Order to any Confidential Materials designated by that Party. If the 16 Designating Party uses Confidential Materials in a non-Confidential manner, then 17 the Designating Party shall advise that the designation no longer applies. 18 19. The Parties shall meet and confer regarding the procedures for use of 19 Confidential Materials during the Proceeding and shall seek the entry of an 20 appropriate order, if necessary. 21 20. Nothing in this Stipulation and Protective Order shall affect the 22 admissibility into evidence of Confidential Materials, or abridge the rights of any 23 person to seek judicial review or to pursue other appropriate judicial action with 24 respect to any ruling made by the Court concerning the issue of the status of 25 Protected Material. 26 21. This Stipulation and Protective Order shall continue to be binding 27 after the conclusion of this Proceeding and all subsequent proceedings arising from 28 this Proceeding, except that a Party may seek the written permission of the Designating Party or may move the Court for relief from the provisions of this 2 retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective 3 Order, even after the Proceeding is terminated. 4 22. Upon written request made within thirty (30) days after the settlement 5 or other termination of the Proceeding, the undersigned Parties shall have thirty 6 (30) days to either (a) promptly return to counsel for each Designating Party all 7 Confidential Materials and all copies thereof (except that counsel for each Party 8 may maintain in its files, in continuing compliance with the terms of this 9 Stipulation and Protective Order, all work product, and one copy of each pleading 10 filed with the Court [and one copy of each deposition together with the exhibits 11 marked at the deposition)]*, (b) agree with counsel for the Designating Party upon 12 appropriate methods and certification of destruction or other disposition of such 13 Confidential Materials, or (c) as to any Documents, Testimony or other 14 Information not addressed by sub-paragraphs (a) and (b), file a motion seeking a 15 Court order regarding proper preservation of such Materials. To the extent 16 permitted by law the Court shall retain continuing jurisdiction to review and rule 17 upon the motion referred to in sub-paragraph (c) herein. *[The bracketed portion of 18 this provision shall be subject to agreement between counsel for the Parties in each 19 case.] 20 23. After this Stipulation and Protective Order has been signed by counsel 21 for all Parties, it shall be presented to the Court for entry. Counsel agree to be 22 bound by the terms set forth herein with regard to any Confidential Materials that 23 have been produced before the Court signs this Stipulation and Protective Order. 24 24. The Parties and all signatories to the Certification attached hereto as 25 Exhibit A agree to be bound by this Stipulation and Protective Order pending its 26 approval and entry by the Court. In the event that the Court modifies this 27 Stipulation and Protective Order, or in the event that the Court enters a different 28 Protective Order, the Parties agree to be bound by this Stipulation and Protective Order until such time as the Court may enter such a different Order. It is the 2 pending its entry so as to allow for immediate production of Confidential Materials 3 under the terms herein. 4 25. The Court may only enter a protective order upon a showing of good 5 cause. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th 6 Cir. 2006). Here, good cause exists for the entry of a protective order because the 7 information in this matter contained in the Documents involves patient personal 8 health information, which is protected by the Health Insurance Portability and 9 Accountability Act (HIPAA) and the right to privacy. A protective order is 10 therefore necessary to ensure the confidential information is protected. 11 26. This Stipulation and Protective Order does not govern the use of 12 confidential information at trial. Use of confidential information at trial shall be 13 governed by orders of the trial judge. 14 27. Under Seal Filings: Parties shall make every effort to limit the number 15 and volume of under seal filings. In most circumstances, parties should seek to file 16 under seal only the specific portions or exhibits or documents for which there is a 17 valid basis for filing under seal. Requests to file memoranda of points and 18 authorities under seal are disfavored. Pursuant to Local Rule 79-5.2.2, except in 19 sealed civil cases, “no document may be filed under seal without prior approval by 20 the Court.” When seeking the Court’s approval for an under-seal filing, the 21 submitting party shall comply with the procedures established in Local Rule 79- 22 5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer 23 to Court personnel and the party that filed the document, a party electronically 24 filing a document under seal may not rely on the Court’s CM/ECF System to effect 25 service as provided in Local Rule 5-3.2.1. Therefore, documents filed 26 electronically under seal must be served in accordance with Federal Rule of Civil 27 Procedure 5. 28 / / / / 1 This Stipulation and Protective Order may be executed in counterparts. 2 ||Dated: February 4, 2020 GORDON REES SCULLY 3 MANSUKHANI, LLP
4 By: Sylvia Joo 5 Courtney C. Hill Sylvia Joo 6 Attorneys for Defendants 4 UNITEDHEALTHCARE, INC. and UNITEDHEALTHCARE 8 INSURANCE COMPANY 9 ||Dated: February 4, 2020 LAW OFFICES OF GARY L. TYSCH 10 ul By: /4s/Gary L. Tysch Gary L. Tysch 12 Attorney for Plaintiffs CALIFORNIA SURGERY = 13 CENTER, INC. AND CALIFORNIA SPINE AND PAIN 14 INSTITUTE 15 || Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures, I, 16 || Sylvia Joo, hereby attest that all other signatories listed concur in the content of
2 17 || this document and have authorized its filing.
18 /s/ Sylvia Joo 19 ylvia Joo 20 ORDER 21 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation 22 || and Protective Order. 23 IT IS SO ORDERED. ° 24 25 || Dated: 2/18/2020 Alexander F. MacKinnon 26 United States Magistrate Judge 27 28
1A.
2 EXHIBIT A 3 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 4 I hereby acknowledge that I, ____________[NAME], 5 ___________________ [POSITION AND EMPLOYER], am about to receive 6 Confidential Materials supplied in connection with the Proceeding, Central District 7 of California Case No. 2:19-cv-02309-DDP (AFMx). I certify that I understand 8 that the Confidential Materials are provided to me subject to the terms and restrict- 9 ions of the Stipulation and Protective Order filed in this Proceeding. I have been 10 given a copy of the Stipulation and Protective Order; I have read it, and I agree to 11 be bound by its terms. I understand that Confidential Materials, as defined in the 12 Stipulation and Protective Order, including any notes or other records that may be 13 made regarding any such materials, shall not be Disclosed to anyone except as 14 expressly permitted by the Stipulation and Protective Order. I will not copy or use, 15 except solely for the purposes of this Proceeding, any Confidential Materials 16 obtained pursuant to this Protective Order, except as provided therein or otherwise 17 ordered by the Court in the Proceeding. I further understand that I am to retain all 18 copies of all Confidential Materials provided to me in the Proceeding in a secure 19 manner, and that all copies of such Materials are to remain in my personal custody 20 until termination of my participation in this Proceeding, whereupon the copies of 21 such Materials will be returned to counsel who provided me with such Materials. 22 I declare under penalty of perjury, under the laws of the United States of 23 America that the foregoing is true and correct. Executed this _____ day of 24 _________, 20__, at _________________. 25 DATED: BY: Signature 26 Title 27 Address -City, State, Zip 28 Telephone Number