Hrones v. Rideout Memorial Hospital

Opinion

Candice T. Zee, Bar No. 227453 2 czee@vedderprice.com Grace L. Urban, pro hac vice 3 gurban@vedderprice.com 1925 Century Park East, Suite 1900 4 Los Angeles, California 90067 T: +1 424 204 7700 5 F: +1 424 204 7702 6 Attorneys for Defendant ADVENTIST HEALTH AND RIDEOUT 7

Mark E. Ellis, Bar No. 127159 9 mellis@ellislawgroup.com Anthony P.J. Valenti, Bar No. 284542 10 avalenti@ellislawgroup.com 1425 River Park Drive, Suite 400 11 Sacramento, CA 95815 T: +1 916 283 8820 12 F: +1 916 283 8821

13 Attorneys for Plaintiff GLENDA HRONES 14

15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 SACRAMENTO DIVISION 18 19 GLENDA HRONES, Case No. 2:20-CV-0449-KJM-KJN 20 Plaintiff, STIPULATED PROTECTIVE ORDER 21 v. Judge: Chief District Judge Kimberly J. 22 Mueller RIDEOUT MEMORIAL HOSPITAL DBA Magistrate: Judge Kendall J. Newman 23 ADVENTIST HEALTH AND RIDEOUT, and DOES 1 through 10, Trial Date: None Set 24 Date Action Filed: February 27, 2020 Defendant. 25 26

27 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, or 3 private information for which special protection from public disclosure and from use for any 4 purpose other than prosecuting this litigation may be warranted. Accordingly, Plaintiff Glenda 5 Hrones and Defendant Rideout Memorial Hospital d/b/a Adventist Health and Rideout 6 (collectively, the “Parties”) hereby stipulate to and petition the Court to enter the following 7 Stipulated 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 from public 9 disclosure and use extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The Parties further acknowledge, as set forth in 11 Section 12.3, below, that this Order does not entitle them to file confidential information under 12 seal; Chief Judge Kimberly J. Mueller’s Standing Order and Local Rule 141 set forth the procedures 13 that must be followed and the standards that will be applied when a party seeks permission from 14 the Court to file material under seal. 16 This action is likely to involve proprietary and confidential personnel information, medical 17 information, and other financial, technical and/or proprietary information for which special 18 protection from public disclosure and from use for any purpose other than prosecution of this action 19 is warranted. 20 Such confidential and proprietary materials and information consist of, among other things, 21 confidential business or financial information, including but not limited to information regarding 22 confidential business practices or commercial information (including information implicating 23 privacy rights of third parties, including but not limited to, personnel information and health 24 information), and information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, court rules, case 26 decisions, or common law. 27 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 28 disputes over confidentiality of discovery materials, to adequately protect information the Parties 1 are entitled to keep confidential, to ensure that the Parties are permitted reasonable necessary uses 2 of such material in preparation for and in the conduct of trial, to address their handling at the end 3 of the litigation, and serve the ends of justice, a protective order for such information is justified in 4 this matter. It is the intent of the Parties that information will not be designated as confidential for 5 tactical reasons and that nothing be so designated without a good faith belief that it has been 6 maintained in a confidential, non-public manner, and there is good cause why it should not be part 7 of the public record of this case. 8 2. DEFINITIONS 9 2.1 Action: Glenda Hrones v. Rideout Memorial Hospital d/b/a Adventist 10 Health & Rideout, Case No. 2:20-CV-0449-KJM-KJN (E.D. Cal.). 11 2.2 Court: Chief District Judge Kimberly J. Mueller, Magistrate Judge Kendall 12 J. Newman, or any other judge to which this Action may be assigned, including the Court staff 13 participating in such proceedings. 14 2.3 Challenging Party: A Party or Non-Party that challenges the designation of 15 information or items under this Order. 16 2.4 “CONFIDENTIAL” Information or Items: information (regardless of how 17 it is generated, stored or maintained) or tangible things that qualify for protection under Federal 18 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 19 CONFIDENTIAL information includes any documents, testimony or information that the 20 Designating Party in good faith believes to contain non-public information that is entitled to 21 confidential treatment under applicable law, including HIPAA. 22 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff). 24 2.6 Designating Party: A Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL” 27 2.7 Disclosure or Discovery Material: All items or information, regardless of 28 the medium or manner in which it is generated, stored, or maintained (including, among other 1 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or 2 responses to discovery in this matter. 3 2.8 Expert: A person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 5 witness or as a consultant in this Action. 6 2.9 “HIGHLY CONFIDENTIAL” Information or Items: Extremely sensitive 7 “Confidential Information or Items,” disclosure of which to another Party or Non-Party would 8 create a substantial risk of serious harm that could not be avoided by less restrictive means. 9 HIGHLY CONFIDENTIAL information includes Confidential Information or Items that the 10 Designating Party in good faith believes contains trade secrets, confidential, and/or proprietary 11 information of the most sensitive nature, including, without limitation, documents pertaining to 12 confidential litigation matters unrelated to Plaintiff and/or information that qualifies for protection 13 pursuant to HIPAA. 14 2.10 House Counsel: Attorneys who are employees of a Party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside counsel. 16 2.11 Non-Party: Any natural person, partnership, corporation, association, or 17 other legal entity not named as a Party to this action. 18 2.12 Outside Counsel of Record: Attorneys who are not employees of a Party to 19 this Action but are retained to represent or advise a Party to this Action and have appeared in this 20 Action on behalf of that Party or are affiliated with a law firm which has appeared on behalf of that 21 Party, and includes support staff. 22 2.13 Party: Any party to this Action, including all of its officers, directors, 23 employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 24 2.14 Producing Party: A Party or Non-Party that produces Disclosure or 25 Discovery Material in this Action. 26 2.15 Professional Vendors: Persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 28 1 organizing, storing, or retrieving data in any form or medium) and their employees and 2 subcontractors. 3 2.16 Protected Material: Any Disclosure or Discovery Material that is designated 4 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 5 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material 6 from a Producing Party. 7 2.18 HIPAA: the Health Insurance Portability and Accountability Act of 1996. 8 2.19 Information: the content of 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only Protected Material 11 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 12 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 13 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This 15 Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by this 18 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 19 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 20 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the 21 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 22 including the time limits for filing any motions or applications for extension of time pursuant to 23 applicable law. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 26 Party or Non-Party that designates information or items for protection under this Order must take 27 care to limit any such designation to specific material that qualifies under the appropriate standards. 28 The Designating Party must designate for protection only those parts of material, documents, items, 1 or oral or written communications that qualify so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept unjustifiably within 3 the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 5 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 6 unnecessarily encumber the case development process or to impose unnecessary expenses and 7 burdens on other Parties) may expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it designated for 9 protection do not qualify for protection, that Designating Party must promptly notify all other 10 Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this 12 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 13 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 14 designated before the material is disclosed or produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 18 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL” (hereinafter “legend”), to each page that contains protected material. If only a 20 portion or portions of the material on a page qualifies for protection, the Producing Party also must 21 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection need not 23 designate them for protection until after the inspecting Party has indicated which documents it 24 would like copied and produced. During the inspection and before the designation, all of the 25 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 26 Party has identified the documents it wants copied and produced, the Producing Party must 27 determine which documents, or portions thereof, qualify for protection under this Order. Then, 28 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 1 legend” to each page that contains Protected Material. If only a portion or portions of the material 2 on a page qualifies for protection, the Producing Party also must clearly identify the protected 3 portion(s) (e.g., by making appropriate markings in the margins). 4 (b) for testimony given in depositions that the Designating Party identify 5 the Disclosure or Discovery Material on the record, before the close of the deposition, all protected 6 testimony; or, designate the entirety of the testimony at the deposition as “CONFIDENTIAL” or 7 “HIGHLY CONFIDENTIAL,” before the close of the deposition, with the right to identify more 8 specific portions of the testimony as to which protection is sought within 30 days following receipt 9 of the deposition transcript. In circumstances where portions of the deposition Testimony are 10 designated for protection, the transcript pages containing “Confidential” or “Confidential - 11 Attorneys’ Eyes Only” Information may be separately bound by the court reporter, who must affix 12 to the top of each page the legend “Confidential,” as instructed by the Designating Party. 13 (c) for information produced in some form other than documentary and 14 for any other tangible items, that the Producing Party affix in a prominent place on the exterior of 15 the container or containers in which the information is stored the legend “CONFIDENTIAL” or 16 “HIGHLY CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 17 the Producing Party, to the extent practicable, shall identify the protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 19 to designate qualified information or items does not, standing alone, waive the Designating Party’s 20 right to secure protection under this Order for such material. Upon timely correction of a 21 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 22 in accordance with the provisions of this Order. Correction is timely if the Producing Party gives 23 written notice of such inadvertent failure to designate within twenty (20) days of discovery of the 24 inadvertent protection, together with a further copy of the subject document, testimony or 25 information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (the “Inadvertent 26 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received 27 the inadvertently produced information or material shall promptly destroy the inadvertently 28 produced information or material and all copies thereof, or, at the expense of the Producing Party, 1 return such together with all copies to counsel for the Designating Party and shall retain only the 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” designated materials. Should the Receiving 3 Party choose to destroy such inadvertently produced materials or information, the Receiving Party 4 shall notify the Producing Party in writing of such destruction within ten (10) days of receipt of 5 written notice of the inadvertent production. This provision is intended to apply to any inadvertent 6 production of any information protected by attorney-client or work product privileges. In the event 7 that this provision conflicts with any applicable law regarding waiver of confidentiality through the 8 inadvertent production of materials or information, such law shall govern. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 11 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the informal dispute 13 resolution process set forth in Chief Judge Kimberly J. Mueller’s Standing Order. See 14 http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/5020/standing-orders/. 15 6.3 The burden of persuasion in any such challenge proceeding shall be on the 16 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 17 or impose unnecessary expenses and burdens on other parties), may expose the Challenging Party 18 to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 19 designation, all parties shall continue to afford the material in question the level of protection to 20 which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 21 7. ACCESS TO AND USE OF PROTECTED MATERIAL 22 7.1 Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this Action only for 24 prosecuting, defending, or attempting to settle this Action. Such Protected Material may be 25 disclosed only to the categories of persons and under the conditions described in this Order. When 26 the Action has been terminated, a Receiving Party must comply with the provisions of section 13 27 below (FINAL DISPOSITION). 28 Protected Material must be stored and maintained by a Receiving Party at a location and in 1 a secure manner that ensures that access is limited to the persons authorized under this Order. 2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 3 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 4 disclose any information or item designated “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose 7 the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of 9 the Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 12 Agreement to Be Bound” (Exhibit A); 13 (d) the Court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants, mock jurors, and Professional 16 Vendors to whom disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in 21 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests 22 that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to 23 keep any confidential information unless they sign the “Acknowledgment and Agreement to Be 24 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. 25 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material 26 may be separately bound by the court reporter and may not be disclosed to anyone except as 27 permitted under this Stipulated Protective Order; and 28 1 (i) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the Parties engaged in settlement discussions. 3 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. Unless 4 otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party 5 may disclose any information or item designated “HIGHLY CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 7 well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose 8 the information for this Action; 9 (b) Up to three (3) House Counsel of the Receiving Party directly 10 assisting that Party’s outside counsel in the defense of this Action, as well as employees of said 11 House Counsel or Record’s to whom it is reasonably necessary to disclose the information for this 12 Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (c) Experts (as defined in the Stipulated Protective Order) to whom 14 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 15 Agreement to Be Bound” (Exhibit A), and who are not known to be competitors of any Party or 16 employed by a competitor of any Party; 17 (d) the Court and its personnel; 18 (e) court reporters or videographers, and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional 20 Vendors to whom disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for such witnesses, 25 in the Action to whom disclosure is reasonably necessary, provided that (1) counsel for the 26 Designating Party shall be informed that the witness will be shown such Protected Material before 27 the designated information is shown to the witness, to give counsel for the designating party an 28 opportunity to object, (2) if an objection to showing the designated information to the witness is 1 made, the designated material shall not be shown to the witness until the Court rules on the 2 objection; and (3) if the witness is to be shown such Protected Material, the witness and the 3 witness’s attorney shall sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A to the 4 Protective Order); and (4) the witness and the witness’s attorney will not be permitted to keep any 5 confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A); and 7 (i) any mediator or settlement officer, and their supporting personnel, 8 mutually agreed upon by any of the parties engaged in settlement discussions. 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 11 If a Party is served with a subpoena or a court order issued in other litigation that compels 12 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or 13 “HIGHLY CONFIDENTIAL” that Party must: 14 (a) promptly notify in writing the Designating Party. Such notification 15 shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or 17 order to issue in the other litigation that some or all of the material covered by the subpoena or 18 order is subject to this Protective Order. Such notification shall include a copy of this Stipulated 19 Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the subpoena 23 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 24 or “HIGHLY CONFIDENTIAL” before a determination by the court from which the subpoena or 25 order issued, unless the Party has obtained the Designating Party’s permission. The Designating 26 Party shall bear the burden and expense of seeking protection in that court of its confidential 27 material and nothing in these provisions should be construed as authorizing or encouraging a 28 Receiving Party in this Action to disobey a lawful directive from another court. 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 3 (a) The terms of this Order are applicable to information produced by a 4 Non- Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 5 Such information produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be construed as 7 prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is subject to an 10 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 11 Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non- 13 Party that some or all of the information requested is subject to a confidentiality agreement 14 with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific 17 description of the information requested; and 18 (3) make the information requested available for inspection by 19 the Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving Party may produce 22 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 23 timely seeks a protective order, the Receiving Party shall not produce any information in its 24 possession or control that is subject to the confidentiality agreement with the Non-Party before a 25 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden 26 and expense of seeking protection in this court of its Protected Material. 27 28 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 4 the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 8 Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 The entry of this Stipulation and Order does not alter, waive, modify or abridge any right, 12 privilege or protection otherwise available to any Party with respect to the discovery of matters, 13 including but not limited to any Party’s right to assert the attorney-client privilege, the attorney 14 work product doctrine or other privileges, or any Party’s right to contest any such assertion. 15 When a Producing Party gives notice to Receiving Parties that certain inadvertently 16 produced material is subject to a claim of privilege or other protection, the obligations of the 17 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 18 is not intended to modify whatever procedure may be established in an e-discovery order that 19 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 20 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 21 communication or information covered by the attorney-client privilege or work product protection, 22 the Parties may incorporate their agreement in the stipulated protective order submitted to the court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order no Party waives any right it otherwise would have to object to disclosing or 28 producing any information or item on any ground not addressed in this Stipulated Protective Order. 1 Similarly, no Party waives any right to object on any ground to use in evidence of any of the 2 material covered by this Protective Order. 3 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 4 Material must comply with Chief Judge Kimberly J. Mueller’s Standing Order and Local Rule 141 5 . Protected Material may only be filed under seal pursuant to a court order authorizing the sealing 6 of the specific Protected Material at issue. If a Party’s request to file Protected Material under seal 7 is denied by the Court, then the Receiving Party may file the information in the public record unless 8 otherwise instructed by the Court. 9 13. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 11 written request by the Designating Party, each Receiving Party must return all Protected Material 12 to the Producing Party or destroy such material. As used in this subdivision, “all Protected 13 Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing 14 or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, 15 the Receiving Party must submit a written certification to the Producing Party (and, if not the same 16 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, 17 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 18 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 19 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel 20 are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 21 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 22 work product, and consultant and expert work product, even if such materials contain Protected 23 Material. Any such archival copies that contain or constitute Protected Material remain subject to 24 this Protective Order as set forth in Section 4 (DURATION). 25 14. Any violation of this Order may be punished by any and all appropriate measures 26 including, without limitation, contempt proceedings and/or monetary sanctions. 27 28 2 Dated: October 26, 2020 VEDDER PRICE (CA), LLP 3 4 By:/s/Grace L. Urban 1 5 Candice T. Zee Grace L. Urban 6 Attorneys for 7 ADVENTIST HEALTH AND RIDEOUT

8 Dated: October 26, 2020 ELLIS LAW GROUP LLP

9 10 By:/s/ Anthony P.J. Valenti (as authorized on 10.26.20) 11 Mark E. Ellis Anthony P.J. Valenti 12

(As authorized on 10/26.20). 13 Attorneys for 14 GLENDA HRONES

17 18 19 20 21 22 23 24 25 26 27 1 Filer attests that all other signatories listed and on whose behalf this stipulation is filed concur in 28 2 The court has reviewed the parties’ stipulated protective order, which comports with the 3 |) relevant authorities and the court’s applicable local rule. See L.R. 141.1(c);? see also Phillips ex 4 || rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (“Generally, the 5 || public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.”) 7 || Therefore, the court GRANTS the request subject to the following clarification. 8 This court’s Local Rules indicate that once this action is closed, “unless otherwise 9 || ordered, the court will not retain jurisdiction over enforcement of the terms of any protective 10 || order filed in that action.” L.R. 141.1(f). Courts in the district generally do not agree to retain 11 || jurisdiction after closure of the case. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 12 |) WL 495778 (E.D. Cal., Feb. 03, 2017). Based on this rationale, the court will not retain 13 || jurisdiction over this protective order once the action is closed. 14 |} Dated: October 27, 2020 1S 7 Al Nera hron.449 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 > The Court’s Local Rules instruct the parties, when requesting a protective order, to 73 include in their submission: (1) A description of the types of information eligible for protection under the 24 order, with the description provided in general terms sufficient to reveal the nature of the information (e.g., customer list, formula for soda, diary of a 25 troubled child); (2) A showing of particularized need for protection as to each category of 26 information proposed to be covered by the order; and (3) A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or among the parties. 78 Local Rule 141.1(c). PRICE (CA), LLP AT LAW -16- STIPULATED PROTECTIVE ORDER LOS ANGELES CCAQL ANTXY 93-90, OVW OAAQ WIN

3 I, __________________ [print or type full name], of ____________________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Eastern District of California on ___________ [date] in the case of Glenda Hrones v. Rideout 7 Memorial Hospital d/b/a Adventist Health & Rideout, Case No. 2:20-CV-0449-KJM-KJN. I agree 8 to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand 9 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 11 item that is subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 even if such enforcement proceedings occur after termination of this action. I hereby appoint 16 __________________ [print or type full name] of ________________ [print or type full address 17 and telephone number] as my California agent for service of process in connection with this action 18 or any proceedings related to enforcement of this Stipulated Protective Order. 19 20 21 22 23 24 25 26 27 28 1 Date: 2 City and State where sworn and signed:

4 Printed Name: 5 Signature: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28