Synergy Hematology-Oncology Medical Associates, Inc. v. Abbott Laboratories, Inc.

• Court: District Court, C.D. California
• Decided: July 13, 2022
• Docket: 2:22-cv-01560
• Status: Unknown

Opinion

Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 1 of 17 Page ID #:174

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8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9

10 SYNERGY HEMATOLOGY- Case No.: 2:22-cv-01560 SPG (JEMx) 11 ONCOLOGY MEDICAL ASSOCIATES, INC., a California 12 medical corporation, STIPULATED [PROPOSED] PROTECTIVE ORDER 13 Plaintiff, District Judge: Hon. Sherilyn P. Garnett 14 v. Courtroom: 5C Mag. Judge: Hon. John E. 15 ABBOTT LABORATORIES INC., a McDermott Delaware corporation, and Does 1 to 10, Courtroom: 640 16 inclusive, Date Filed: March 8, 2022

17 Defendant. DISCOVERY MATTER

18 ABBOTT LABORATORIES INC., a 19 Delaware corporation, and Does 1 to 10, inclusive, 20 Counterclaim Plaintiff, 21 v. 22 SYNERGY HEMATOLOGY- 23 ONCOLOGY MEDICAL ASSOCIATES, INC., a California 24 medical corporation,

25 Counterclaim Defendant.

27 28 {02388829} Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 2 of 17 Page ID #:175

1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve the production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than pursuing this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 2. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, pricing information, and other 13 valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, and other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may 21 be privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. 23 Accordingly, to expedite the flow of information, to facilitate the prompt 24 resolution of disputes over confidentiality of discovery materials, to adequately 25 protect information the parties are entitled to keep confidential, to ensure that the 26 parties are permitted reasonably necessary uses of such material in preparation for 27 and in the conduct of trial, to address their handling at the end of the litigation, and 28 serve the ends of justice, a protective order for such information is justified in this {02388829} 2 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 3 of 17 Page ID #:176

1 matter. It is the intent of the parties that information will not be designated as 2 confidential for tactical reasons and that nothing be so designated without a good 3 faith belief that it has been maintained in a confidential, non-public manner, and 4 there is good cause why it should not be part of the public record of this case. The 5 parties will be prejudiced and harmed should their confidential business, financial, 6 research, development, and/or commercial information or trade secrets be publicly 7 disclosed, which would allow the parties’ competitors access to such confidential 8 information. 9 3. ACKNOWLEDGMENT OF FILING UNDER SEAL PROCEDURE 10 The parties further acknowledge, as set forth in Paragraph 13.3, below, that 11 this Stipulated Protective Order does not entitle them to file Confidential 12 Information under seal; Local Civil Rule 79-5 and the Court’s Standing Order set 13 forth the procedures that must be followed and the standards that will be applied 14 when a party seeks permission from the court to file material under seal. There is a 15 strong presumption that the public has a right of access to judicial proceedings and 16 records in civil cases. In connection with non-dispositive motions, good cause must 17 be shown to support a filing under seal. See Kamakana v. City and County of 18 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 19 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 20 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 21 cause showing). Further, a specific showing of good cause or compelling reasons 22 with proper evidentiary support and legal justification must be made with respect 23 to Protected Material that a party seeks to file under seal. The parties’ mere 24 designation of Disclosure or Discovery Material as CONFIDENTIAL or 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the 26 submission of competent evidence by declaration, establishing that the material 27 sought to be filed under seal qualifies as confidential, privileged, or otherwise 28 protectable—constitute good cause. {02388829} 3 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 4 of 17 Page ID #:177

1 Further, if a party requests sealing related to a dispositive motion or trial, 2 then compelling reasons, not only good cause, for the sealing must be shown, and 3 the relief sought shall be narrowly tailored to serve the specific interest to be 4 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 5 2010). For each item or type of information, document, or thing sought to be filed 6 or introduced under seal, the party seeking protection must articulate compelling 7 reasons, supported by specific facts and legal justification, for the requested sealing 8 order. Again, competent evidence supporting the application to file documents 9 under seal must be provided by declaration. 10 Any document that is not confidential, privileged, or otherwise protectable 11 in its entirety will not be filed under seal if the confidential portions can be 12 redacted. If documents can be redacted, then a redacted version for public viewing, 13 omitting only the confidential, privileged, or otherwise protectable portions of the 14 document, shall be filed. Any application that seeks to file documents under seal in 15 their entirety should include an explanation of why redaction is not feasible. 16 4. DEFINITIONS 17 4.1 “Action”: the above-captioned federal lawsuit. 18 4.2 “Challenging Party”: a Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 4.3 “Confidential Information”: information (regardless of how it is 21 generated, stored or maintained) or tangible things that qualify for protection under 22 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 23 Statement, which is designated as “CONFIDENTIAL” or “CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY”. 25 4.4 “Counsel”: Outside Counsel of Record and In-House Counsel (as well 26 as their support staff). 27 28 {02388829} 4 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 5 of 17 Page ID #:178

1 4.5 “Designating Party”: a Party or Non-Party that designates information 2 or items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 4 4.6 “Disclosure” or “Discovery Material”: all items or information, 5 regardless of the medium or manner in which it is generated, stored, or maintained 6 (including, among other things, testimony, transcripts, and tangible things), that are 7 produced or generated in disclosures or responses to discovery. 8 4.7 “Expert”: a person with specialized knowledge or experience in a 9 matter pertinent to the litigation who has been retained by a Party or its counsel to 10 serve as an expert witness or as a consultant in this Action. 11 4.8 “In-House Counsel”: attorneys who are employees of a party to this 12 Action. In-House Counsel does not include Outside Counsel of Record or any 13 other outside counsel. 14 4.9 “Non-Party”: any natural person, partnership, corporation, association 15 or other legal entity not named as a Party to this action. 16 4.10 “Outside Counsel of Record”: attorneys who are not employees of a 17 party to this Action but are retained to represent a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm that 19 has appeared on behalf of that party, and includes support staff. 20 4.11 “Party”: any party to this Action, including all of its officers, 21 directors, employees, consultants, retained experts, and Outside Counsel of Record 22 (and their support staffs). 23 4.12 “Producing Party”: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 4.13 “Professional Vendors”: persons or entities that provide litigation 26 support services (e.g., e-discovery vendors, photocopying, videotaping, translating, 27 preparing exhibits or demonstrations, and organizing, storing, or retrieving data in 28 any form or medium) and their employees and subcontractors. {02388829} 5 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 6 of 17 Page ID #:179

1 4.14 “Protected Material”: any Disclosure or Discovery Material that is 2 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY”. 4 4.15 “Receiving Party”: a Party that receives Disclosure Material, 5 Disclosed Information, or Discovery Material from a Producing Party. 6 5. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also: (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 Any use of Protected Material at trial shall be governed by the orders of the 13 trial judge and other applicable authorities. This Order does not govern the use of 14 Protected Material at trial. 15 6. DESIGNATING PROTECTED MATERIAL 16 6.1 Exercise of Restraint and Care in Designating Material for 17 Protection. Each Party or Non-Party that designates information or 18 items for protection under this Order must take care to limit any such designation 19 to specific material that qualifies under the appropriate standards. The Designating 20 Party must designate for protection only those parts of material, documents, items 21 or oral or written communications that qualify so that other portions of the 22 material, documents, items or communications for which protection is not 23 warranted are not swept unjustifiably within the ambit of this Order. 24 Mass, indiscriminate or routinized designations are prohibited. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 {02388829} 6 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 7 of 17 Page ID #:180

1 6.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 3 that qualifies for protection under this Order must be clearly so designated before 4 the material is disclosed or produced. 5 Designation in conformity with this Order requires: 6 (a) for information in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum, the legend 9 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 10 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 11 material. If only a portion of the material on a page qualifies for protection, the 12 Producing Party also must clearly identify the protected portion(s) (e.g., by making 13 appropriate markings in the margins). A Party or Non-Party that makes original 14 documents available for inspection need not designate them for protection until 15 after the inspecting Outside Counsel of Record has indicated which documents it 16 would like copied and produced. During the inspection and before the designation, 17 all of the material made available for inspection shall be deemed 18 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. After the inspecting Outside 19 Counsel of Record has identified the documents it wants copied and produced, the 20 Producing Party must determine which documents, or portions thereof, qualify for 21 protection under this Order. Then, before producing the specified documents, the 22 Producing Party must affix the “CONFIDENTIAL legend” to each page that 23 contains Protected Material. If only a portion of the material on a page qualifies 24 for protection, the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party 27 identifies as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY”, the Designating Party should so designate the deposition testimony on the {02388829} 7 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 8 of 17 Page ID #:181

1 record during the deposition or in writing within 30 days of the Designating Party’s 2 receipt of the completed deposition transcript. All deposition testimony will be 3 considered “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the 4 expiration of the 30 day period to designate deposition testimony. 5 (c) for information produced in some form other than documentary 6 and for any other tangible items, that the Producing Party affix the 7 “CONFIDENTIAL legend” in a prominent place on the exterior of the container or 8 containers in which the information is stored. If only a portion or portions of the 9 information warrants protection, the Producing Party, to the extent practicable, 10 shall identify the protected portion(s). 11 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such 14 material. Upon timely correction of a designation, the Receiving Party must make 15 reasonable efforts to assure that the material is treated in accordance with the 16 provisions of this Order. 17 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time that is consistent with the Court’s 20 Scheduling Order. 21 7.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 resolution process under Local Rule 37-1 et seq. 23 7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 24 joint stipulation pursuant to Local Rule 37-2. 25 7.4 The burden of persuasion in any such challenge proceeding shall be 26 on the Designating Party. Unless the Designating Party has waived or withdrawn 27 the confidentiality designation, all parties shall continue to afford the material in 28 {02388829} 8 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 9 of 17 Page ID #:182

1 question the level of protection to which it is entitled under the Producing Party’s 2 designation until the Court rules on the challenge. 3 8. ACCESS TO AND USE OF PROTECTED MATERIAL 4 8.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under 8 the conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of Paragraph 14 below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 8.2 Disclosure of Confidential Information or Items. 15 (a) Unless otherwise ordered by the court or permitted in writing 16 by the Designating Party, a Receiving Party may disclose any information or item 17 designated “CONFIDENTIAL” only to: 18 (i) the Receiving Party’s Outside Counsel of Record in this 19 Action, as well as employees of said Outside Counsel of Record to whom it is 20 reasonably necessary to disclose the information for this Action; 21 (ii) the officers, directors, and employees (including In-House 22 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 23 this Action; 24 (iii) Experts (as defined in this Order) of the Receiving Party to 25 whom disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (iv) the court and its personnel; 28 (v) court reporters and their staff; {02388829} 9 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 10 of 17 Page ID #:183

1 (vi) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (vii) the author or recipient of a document containing the 6 information or a custodian or other person who otherwise possessed or knew the 7 information; 8 (viii) during their depositions, witnesses, and attorneys for 9 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) 10 the deposing party requests that the witness sign the form attached as Exhibit A 11 hereto; and (2) they will not be permitted to keep any Confidential Information, 12 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 13 transcribed deposition testimony or exhibits to depositions that reveal Protected 14 Material may be separately bound by the court reporter and may not be disclosed 15 to anyone except as permitted under this Stipulated Protective Order; and 16 (ix) any mediators or settlement officers and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions. 19 (b) Unless otherwise ordered by the court or permitted in writing 20 by the Designating Party, a Receiving Party may disclose any information or item 21 designated “CONFIDENTIAL- ATTORNEYS’ EYES ONLY” only to: 22 (i) the Receiving Party’s Outside Counsel of Record in this 23 Action, as well as employees of said Outside Counsel of Record to whom it is 24 reasonably necessary to disclose the information for this Action; 25 (ii) Experts (as defined in this Order) of the Receiving Party to 26 whom disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 (iii) the court and its personnel; {02388829} 10 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 11 of 17 Page ID #:184

1 (iv) court reporters and their staff; 2 (v) Professional Vendors to whom disclosure is reasonably 3 necessary for this Action and who have signed the “Acknowledgment and 4 Agreement to Be Bound” (Exhibit A); 5 (vi) the author or recipient of a document containing the 6 information or a custodian or other person who otherwise possessed or knew the 7 information; and 8 (vii) any mediators or settlement officers and their supporting 9 personnel, mutually agreed upon by any of the parties engaged in settlement 10 discussions. 11 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, that 15 Party must: 16 (a) promptly notify in writing the Designating Party. Such notification 17 shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall 21 include a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. If the 24 Designating Party timely seeks a protective order, the Party served with the 25 subpoena or court order shall not produce any information designated in this action 26 as Confidential Information before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party’s 28 {02388829} 11 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 12 of 17 Page ID #:185

1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced 7 by a Non-Party in this Action and designated as “CONFIDENTIAL” or 8 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced 9 by Non-Parties in connection with this litigation is protected by the remedies and 10 relief provided by this Order. Nothing in these provisions should be construed as 11 prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, 13 to produce a Non-Party’s Confidential Information in its possession, and the Party 14 is subject to an agreement with the Non-Party not to produce the Non-Party’s 15 Confidential Information, then the Party shall: 16 (1) promptly notify in writing the Requesting Party and the 17 Non-Party that some or all of the information requested is subject to a 18 confidentiality agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the 20 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 21 reasonably specific description of the information requested; and 22 (3) make the information requested available for inspection by 23 the Non-Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this court 25 within 14 days of receiving the notice and accompanying information, the 26 Receiving Party may produce the Non-Party’s Confidential Information responsive 27 to the discovery request. If the Non-Party timely seeks a protective order, the 28 {02388829} 12 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 13 of 17 Page ID #:186

1 Receiving Party shall not produce any information in its possession or control that 2 is subject to the confidentiality agreement with the Non-Party before a 3 determination by the court. Absent a court order to the contrary, the Non-Party 4 shall bear the burden and expense of seeking protection in this court of its 5 Protected Material. 6 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has 8 disclosed Protected Material to any person or in any circumstance not authorized 9 under this Stipulated Protective Order, the Receiving Party must immediately: (1) 10 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 11 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 12 the person or persons to whom unauthorized disclosures were made of all the terms 13 of this Order, and (4) request such person or persons to execute the 14 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 15 12. NON-WAIVER OF PRIVILEGE 16 12.1 Pursuant to Federal Rule of Evidence 502(d), if in connection with 17 this litigation documents or information subject to a claim of attorney-client 18 privilege or work product protection are disclosed (“Disclosed Information”) by a 19 party (the “Disclosing Party”), the disclosure of such Disclosed Information shall 20 not constitute or be deemed a waiver of any claim of attorney-client privilege or 21 work product protection that the Disclosing Party would otherwise be entitled to 22 assert with respect to the Disclosed Information and its subject matter. Any 23 applicable privileges or protections shall only be waived on express written 24 approval by the person or entity holding the privilege. The non-waiver of claims 25 of attorney-client privilege and work product protection shall apply to the litigation 26 pending before the Court as well as any other federal or state proceeding. 27 12.2 If a claim of disclosure is made by the Disclosing Party with respect 28 {02388829} 13 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 14 of 17 Page ID #:187

1 to Disclosed Information, the party that received the Disclosed Information (the 2 “Receiving Party”) shall, within five business days of receiving notice of the claim 3 of disclosure, return, delete, or destroy the Disclosed Information and delete or 4 destroy the portions of all work product that reflect or are derived from such 5 Disclosed Information, including all copies thereof, and shall make no use of any 6 kind of such Disclosed Information and work product. 7 12.3 If a Receiving Party knows or should reasonably know that it has 8 received Disclosed Information, it shall promptly sequester such Disclosed 9 Information and refrain from using both it and the portions of all work product that 10 reflect or are derived from such Disclosed Information. The Receiving Party shall 11 promptly notify the Disclosing Party of the existence of such Disclosed 12 Information in order to permit the Disclosing Party to take protective measures as 13 outlined above. Upon request by the Disclosing Party, the Receiving Party shall 14 comply with the procedures described in Paragraphs 12.2 and 12.3, inclusive. 15 12.4 Nothing in this Stipulated Protective Order shall limit the Receiving 16 Party’s right to challenge (on grounds unrelated to the fact or circumstances of the 17 disclosure) the Disclosing Party’s claim that Disclosed Information is protected 18 from disclosure by the attorney-client privilege or work product doctrine. If, after 19 undertaking an appropriate meet-and-confer process, the parties are unable to 20 resolve any dispute they have concerning the protection of documents for which a 21 claim of Disclosure has been asserted, the Receiving Party may file the appropriate 22 motion or application as provided by the Court’s procedures to compel production 23 of such material. Any Disclosed Information submitted to the Court in connection 24 with a challenge to the Disclosing Party’s claim of attorney-client privilege or 25 work product protection shall not be filed in the public record, but rather shall be 26 redacted, filed under seal, or submitted for in camera review. 27 12.5 The terms of this Stipulated Protective Order shall apply to all 28 Disclosed Information disclosed during the course of litigation pending before the {02388829} 14 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 15 of 17 Page ID #:188

1 Court, including Disclosed Information disclosed prior or subsequent to the entry 2 of this Stipulated Protective Order. 3 12.6 Nothing in this Stipulated Protective Order shall waive or limit any 4 protections afforded the parties under Federal Rule of Evidence 502. 5 13. MISCELLANEOUS 6 13.1 Right to Further Relief. Nothing in this Order abridges the right of 7 any person to seek its modification by the Court in the future. 8 13.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 13.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Local Civil Rule 79-5. Protected Material 16 may only be filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material. If a Party’s request to file Protected Material under 18 seal is denied by the court, then the Receiving Party may file the information in the 19 public record unless otherwise instructed by the court. 20 14. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in Paragraph 4, within 22 30 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 27 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 28 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert {02388829} 15 2:22-cv-01560 JFW (JEMx) Case 2:22-cv-01560-SPG-JEM Document 29 Filed 07/13/22 Page 16of17 Page ID #:189

1 |/reports, attorney work product, and consultant and expert work product, even if 2 ||such materials contain Protected Material. Any such archival copies that contain or 3 || constitute Protected Material remain subject to this Protective Order. 4 15. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 || including, without limitation, contempt proceedings and/or monetary sanctions. 8 |} IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: July 13, 2022 /s/ Genevieve M. Sauter 10 David J. Noonan, Esq. Genevieve M. Sauter, Esq. 11 NOONAN LANCE BOYER & BANACH Attorneys for Defendant/Counterclaim 12 Plaintiff Abbott Laboratories Inc. 13 14 ||DATED: July 13, 2022 /s/ David R. Flyer David R. Flyer, Esq. 15 Raquel Flyer Dachner, Esq. FLYER & FLYER | 16 Attorneys for Plaintiff/Counterclaim Defendant Synergy Hematology-Oncology 17 Medical Associates, Inc. 18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 91 || DATED: 7/13/22 22 HN E. MCDERMOTT 33 United States Magistrate Judge 24 25 26 27 28 (02388829) 16 2:22-cv-01560 JFW (JEMx)

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EXHIBIT “A” 1 2 Acknowledgement and Agreement to Be Bound 3 The undersigned: 1) acknowledges having read the attached Stipulated 4 Protective Order which has been entered in the Court in the matter of Synergy 5 Hematology-Oncology Medical Associates, Inc. v. Abbott Laboratories Inc., in the 6 U.S. District Court for the Central District of California, Case No. 2:22-cv-1560- 7 JFW (JEMx); (ii) understands the terms and conditions of the attached Stipulated 8 Protective Order; (iii) agrees to be contractually bound by the terms and conditions 9 of the attached Stipulated Protective Order and by such other orders as the Court 10 may issue regarding the confidential treatment to be accorded discovery materials 11 in this action; and (iv) agrees to be subject to the jurisdiction of the Court in which 12 this matter is pending for the purpose of any proceedings related to the 13 performance under, compliance with, or violation of the Stipulated Protective 14 Order. 15 I am signing this acknowledgement on ______________ (date) at 16 _____________________ (city), ______________________ (state). 17 18 _________________________ (Signature) 19

20 _________________________ (Print Name) 21

23 24 25 26 27 28 {02388829} 17 2:22-cv-01560 JFW (JEMx)