United States of America et al v. Tom S Chang et al

Filing 109

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Protective Order 108 (vm)

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James E. Miller (SBN 262553)
Laurie Rubinow (Admitted Pro Hac Vice)
Kolin C. Tang (SBN 279834)
Chiharu G. Sekino (SBN 306589)
SHEPHERD FINKELMAN MILLER & SHAH, LLP
11755 Wilshire Boulevard, 15th Floor
Los Angeles, CA 90025
Telephone: [phone]
Facsimile: [phone]
Monique Olivier (SBN 194154)
DUCKWORTH PETERS LEBOWITZ OLIVIER, LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone [phone]
Facsimile: [phone]
Attorneys for Plaintiffs-Relators

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Mark Hardiman (SBN 136602)
Lee Arian (SBN 137306)
Jonathan Radke (SBN 257324)
Salvatore Zimmitti (SBN 237626)
NELSON HARDIMAN LLP
11835 West Olympic Boulevard, Suite 900
Los Angeles, CA 90064
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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UNITED STATES OF AMERICA,
and STATE OF CALIFORNIA, ex
rel. BOBBETTE A. SMITH and
SUSAN C. ROGERS,
Plaintiffs,

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CASE NO.: 13-cv-3772-DMG (MRWx)
STIPULATED PROTECTIVE
ORDER

v.
TOM S. CHANG, M.D., et al.;
Defendants.

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358302.2

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STIPULATED PROTECTIVE ORDER
13-CV-3772-DMG (MRWX)

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1.1

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PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

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or responses to discovery and that the protection it affords from public disclosure

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acknowledge that this Order does not confer blanket protections on all disclosures

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petition the Court to enter the following Stipulated Protective Order. The parties

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litigation may be warranted. Accordingly, the parties hereby stipulate to and

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disclosure and from use for any purpose other than prosecuting and defending this

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proprietary, or private information for which special protection from public

and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles. The parties further

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acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

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Order does not entitle them to file confidential information under seal; Civil Local

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Rule 79-5 sets forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the court to file material under

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seal.

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Nothing in this Protective Order supersedes existing independent statutory,

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law enforcement, national security, or regulatory obligations imposed on a party,

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and this Protective Order does not prohibit or absolve the parties from complying

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with such other obligations.

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1.2

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GOOD CAUSE STATEMENT
This action is likely to involve information and documents which may be

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subject to limitations on disclosure due to federal laws, state laws, privileges

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and/or privacy rights concerning the disclosure of confidential medical

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information, trade secrets, or proprietary information. Accordingly, to expedite the

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flow of information, to facilitate the prompt resolution of disputes over

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confidentiality of discovery materials, to adequately protect information the parties

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358302.2

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STIPULATED PROTECTIVE ORDER
13-CV-3772-DMG (MRWX)

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maintained in a confidential, non-public manner, and there is good cause why it

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should not be part of the public record of this case.

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and that nothing be so designated without a good faith belief that it has been

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parties that information will not be designated as confidential for tactical reasons

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protective order for such information is justified in this matter. It is the intent of the

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address their handling at the end of the litigation, and serve the ends of justice, a

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necessary uses of such material in preparation for and in the conduct of trial, to

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are entitled to keep confidential, to ensure that the parties are permitted reasonable

CONFIDENTIAL HEALTH INFORMATION
This action involves documents and information that are likely to contain

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certain individually identifiable health information (defined as health information

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that is connected to a patient’s name, address, social security number or other

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identifying number). Information produced may be subject to the provisions of the

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Privacy Act (5 U.S.C. § 552a), the HIPAA Privacy and Security Rule (45 C.F.R.

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Parts 160, 162, 164), or the provisions of 42 U.S.C. §1306, or there may be no

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waiver by the patient to produce the records to any entity outside the requested or

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subpoenaed person. The Producing Party may produce the information in an

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unredacted form and shall designate this information as confidential in the manner

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set forth in paragraph 5 below. All Parties receiving this designated information

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shall not file these documents or information, submit them to the Court, or

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reproduce their contents in any court filing unless the information is placed under

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seal or all information that would identify the subject of the document or

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information has been removed or redacted.

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2.

DEFINITIONS

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2.1

Action: this pending federal law suit.

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2.2

Challenging Party: a Party or Non-Party that challenges the

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designation of information or items under this Order.

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358302.2

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STIPULATED PROTECTIVE ORDER
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2.3

“CONFIDENTIAL” or ‘CONFIDENTIAL HEALTH

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INFORMATION” Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

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Statement and description of CONFIDENTIAL HEALTH INFORMATION.

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2.4

Outside Counsel of Record and In-House Counsel (as well as their support staff).

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Counsel: Government counsel, Relator’s Counsel, Defendants’

2.5

Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced

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or generated in disclosures or responses to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve

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as an expert witness or as a consultant in this Action.

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2.8

In-House Counsel: attorneys who are employees of a party to this

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Action. House Counsel does not include Outside Counsel of Record or any other

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outside counsel.

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2.9

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Non-Party: any natural person, partnership, corporation, association,

or other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: attorneys who are not employees of a

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party to this Action but are retained to represent or advise a party to this Action

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and have appeared in this Action on behalf of that party or are affiliated with a law

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firm which has appeared on behalf of that party, and includes support staff.

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STIPULATED PROTECTIVE ORDER
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2.11 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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and their employees and subcontractors.

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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2.13 Professional Vendors: persons or entities that provide litigation

2.14 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “CONFIDENTIAL HEALTH

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INFORMATION.”

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2.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.

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4.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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STIPULATED PROTECTIVE ORDER
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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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Each Party or Non-Party that designates information or items for protection

Exercise of Restraint and Care in Designating Material for Protection.

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that qualifies under the appropriate standards. The Designating Party must

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under this Order must take care to limit any such designation to specific material

designate for protection only those parts of material, documents, items, or oral or

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written communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., section 5.2(b) below), or as otherwise stipulated or ordered,

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Disclosure or Discovery Material that qualifies for protection under this Order

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must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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STIPULATED PROTECTIVE ORDER
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(a)

For information in documentary form (e.g., paper or

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page that contains protected material. If only a portion or

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“CONFIDENTIAL HEALTH INFORMATION” to each

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minimum, the legend “CONFIDENTIAL” or

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or trial proceedings), that the Producing Party affix at a

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also excluding transcripts of depositions or other pretrial

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not amenable to visible endorsement on the image, and

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information produced in native form or in a format that is

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electronic documents, but excluding electronic

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portions of the material on a page qualifies for protection,

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the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate

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markings in the margins).
(b)

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For electronic information that is provided in native form

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or a format that is not amenable to visible endorsement on

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the image, the file name(s) shall begin with

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“CONFIDENTIAL” or “CONFIDENTIAL HEALTH

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INFORMATION.” 1 The media on which the Protected

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Material is provided (e.g., CD, DVD, external hard drive)

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also must be and remain plainly labeled with

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE

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ORDER” OR “CONFIDENTIAL HEALTH

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INFORMATION” unless and until the protection of the

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data within the media is removed. Any copying or

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transferring of electronic files that are designated as

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Protected Material must be done in a manner that

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The original metadata of the native files shall be retained pursuant to the parties’ agreement.
358302.2

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STIPULATED PROTECTIVE ORDER
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maintains the protection for all copies, including, but not

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limited to, maintaining the protection in the filename(s)

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and the location where the copies are stored and the

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location where the users access the information.
(c)

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A Party or Non-Party that makes original documents

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During the inspection and before the designation, all of

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which documents it would like copied and produced.

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protection until after the inspecting Party has indicated

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available for inspection need not designate them for

the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party

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has identified the documents it wants copied and

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produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection

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under this Order. Then, before producing the specified

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documents, the Producing Party must affix the

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“CONFIDENTIAL or CONFIDENTIAL HEALTH

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INFORMATION legend” to each page that contains

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Protected Material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins). If

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the original documents made available for inspection that

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are designated for copying include materials produced in

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native file format, or that are in a format that is not

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amenable to visible endorsement on the image, the

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Producing Party shall comply with the direction in

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STIPULATED PROTECTIVE ORDER
13-CV-3772-DMG (MRWX)

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subparagraph (b) of this Paragraph regarding their

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production.
(d)

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For testimony given in depositions that the Designating

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any exhibits that should be treated as Protected Material.

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listing the specific pages and lines of the transcript and

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(or written notification that the transcript is available),

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receipt of the official deposition transcript or copy thereof

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record, or by letter from counsel within thirty days of

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Party identify the Disclosure or Discovery Material on the

The entire deposition transcript (including any exhibits

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not previously produced in discovery in this Action) shall

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be treated as Protected Material under this Protective

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Order until the expiration of the above-referenced 30-day

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period for designation, except that the deponent (and his

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or her counsel, if any) may review the transcript of his or

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her own deposition during the 30-day period subject to

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this Protective Order and the requirement of executing the

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certification attached as Exhibit A. After designation of

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Protected Material is made, the following shall be placed

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on the front of the original and each copy of a deposition

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transcript containing Protected Material:

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE

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ORDER” or “CONFIDENTIAL HEALTH

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INFORMATION. ” If the deposition was filmed, both the

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recording storage medium (i.e. CD or DVD) and its

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container shall be labeled “CONFIDENTIAL –

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STIPULATED PROTECTIVE ORDER
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SUBJECT TO PROTECIVE ORDER” or

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“CONFIDENTIAL HEALTH INFORMATION. ”
(e)

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For information produced in some form other than

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INFORMATION.” If only a portion or portions of the

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PROTECTIVE ORDER or “CONFIDENTIAL HEALTH

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stored the legend “CONFIDENTIAL – SUBJECT TO

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of the container or containers in which the information is

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Producing Party affix in a prominent place on the exterior

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documentary and for any other tangible items, that the

information warrants protection, the Producing Party, to

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the extent practicable, shall identify the protected

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portion(s).
(f)

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For interrogatory answers and responses to requests for

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admissions, designation of Protected Material shall be

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made by placing within each interrogatory answer or

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response to requests for admission asserted to contain

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Protected Material the following: “CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER” or

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‘CONFIDENTIAL HEALTH INFORMATION.”

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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STIPULATED PROTECTIVE ORDER
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6.1

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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6.3

The burden of persuasion in any such challenge proceeding shall be

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unnecessary expenses and burdens on other parties) may expose the Challenging

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designations), and those made for an improper purpose (e.g., to harass or impose

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on the Designating Party. Frivolous challenges or designations (including blanket

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Party or Designating Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the Court rules on the challenge.

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6.4 After a designation as Protected Material is removed or withdrawn by

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the Designating Party or by the Court, the Designating Party must provide to the

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Receiving Party replacement documents, files, or information that is free from any

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marking is or designations as Protected Material. The replacement versions shall

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be provided in the same format as the information that is to be replaced, unless

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otherwise agreed to by the Parties. The presumptive time for providing the

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replacement information shall be ten days, but the Designating Party must in good

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faith provide the information in a reasonable time, considering any agreements

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with the Receiving Party, the volume of information to be re-produced, and the

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nature or format of the information.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending, or attempting to settle this Action. Such

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Protected Material may be disclosed only to the categories of persons and under

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the conditions described in this Order. When the Action has been terminated, a

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Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL HEALTH

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INFORMATION” Information or Items. Unless otherwise ordered by the court or

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permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” or “CONFIDENTIAL

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HEALTH INFORMATION” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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(b) the officers, directors, and employees (including In-House Counsel)
of the Receiving Party to whom disclosure is reasonably necessary for this Action;

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(c) Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” form attached as Exhibit A;

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(d) the court and its personnel;

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(e) court reporters and their staff;

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(f) professional jury or trial consultants, mock jurors, and Professional

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Vendors, to whom disclosure is reasonably necessary for this Action and who have

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signed the “Acknowledgment and Agreement to Be Bound” form attached as

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Exhibit A;

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(g) witnesses and potential witnesses, including their counsel, provided

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each such person first receives a copy of the Protective Order and signs the

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“Acknowledgment and Agreement to Be Bound” form attached as Exhibit A;

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Agreement to Be Bound” form attached as Exhibit A, unless otherwise agreed by

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keep any Protected Material unless they sign the “Acknowledgment and

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Bound” form attached as Exhibit A; and (2) the witness will not be permitted to

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party requests that the witness sign the “Acknowledgement and Agreement to Be

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Action to whom disclosure is reasonably necessary provided that: (1) the deposing

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(h) during their depositions, witnesses, and attorneys for witnesses, in the

the Designating Party or ordered by the court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under this Stipulated Protective Order; and
(i) any mediator, arbitrator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions.

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8.

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IN OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

If a Party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION” that Party

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must:

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(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order
to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served

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order issued, unless the Party has obtained the Designating Party’s permission. The

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INFORMATION” before a determination by the court from which the subpoena or

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this action as “CONFIDENTIAL,” or “CONFIDENTIAL HEALTH

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with the subpoena or court order shall not produce any information designated in

Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material and nothing in these provisions should be

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construed as authorizing or encouraging a Receiving Party in this Action to

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disobey a lawful directive from another court.

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///

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///

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9.

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PRODUCED IN THIS LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a) The terms of this Order are applicable to information produced by a

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Non-Party in connection with this Action, including the United States’

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investigation of Relator’s allegations, and designated as “CONFIDENTIAL” or

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“CONFIDENTIAL HEALTH INFORMATION”. Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and

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relief provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to

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produce a Non-Party’s confidential information in its possession, and the Party is

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STIPULATED PROTECTIVE ORDER
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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-

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Party that some or all of the information requested is subject to a confidentiality

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agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
(3) make the information requested available for inspection by the

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Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court within

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14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject

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to the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden

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and expense of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

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the person or persons to whom unauthorized disclosures were made of all the terms

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of this Order, and (d) request such person or persons to execute the

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STIPULATED PROTECTIVE ORDER
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“Acknowledgment and Agreement to Be Bound” form that is attached hereto as

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Exhibit A.

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11.

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PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain

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whatever procedure may be established in an e-discovery order that provides for

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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protection, the obligations of the Receiving Parties are those set forth in Federal

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inadvertently produced material is subject to a claim of privilege or other

production without prior privilege review.

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12.

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13

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in

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this Stipulated Protective Order. Similarly, no Party waives any right to object on

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any ground to use in evidence of any of the material covered by this Protective

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Order.

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12.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected Material

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may only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Receiving Party intends to file any

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Protected Material of a Designating Party, it must provide sufficient notice to the

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Designating Party to allow the Designating Party to timely request to file the

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Protected Material at issue under seal. If the Designating Party's request to file

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STIPULATED PROTECTIVE ORDER
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Protected Material under seal is denied by the court, then the Receiving Party may

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file the information in the public record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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Protected Material. Whether the Protected Material is returned or destroyed, the

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compilations, summaries, and any other format reproducing or capturing any of the

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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return all Protected Material to the Producing Party or destroy such material. As

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60 days of a written request by the Designating Party, each Receiving Party must

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After the final disposition of this Action, as defined in paragraph 4, within

Receiving Party must submit a written certification to the Producing Party (and, if

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not the same person or entity, to the Designating Party) by the 60 day deadline that

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(1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (2) affirms that the Receiving Party has not retained any

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copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material. Notwithstanding this provision, Counsel

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are entitled to retain an archival copy of all pleadings, motion papers, trial,

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deposition, and hearing transcripts, legal memoranda, correspondence, deposition

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and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material. Any such archival

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copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 4 (DURATION). The United States

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Attorney’s Office for the Central District of California, the Civil Division of the

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Department of Justice, the United States A and the Office of the Inspector General

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of the Department of Health and Human Services shall each have the right to

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maintain one copy of such documents for their master files.

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14.

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358302.2

DISCLOSURE TO AGENCIES OR DEPARTMENTS OF THE UNITED
STATES OR OF THE STATE OF CALIFORNIA
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STIPULATED PROTECTIVE ORDER
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1

Nothing contained in this Order shall prevent or in any way limit or impair

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3

or impair the use of any such designated confidential documents or electronically

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stored information by an agency or department in any proceeding relating to any

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jurisdiction. Nor shall anything contained in this Order prevent or in any way limit

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regulation, or relating to any matter within that agency’s or department’s

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electronically stored information relating to any potential violation of law or

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any such agency or department, designated confidential documents or

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or department of the United States or of the State of California, or any division of

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the right of the United States or of the State of California to disclose to any agency

potential violation of law or regulation, or relating to any matter within that

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agency’s or department’s jurisdiction, provided, however, that the agency or

12

department shall maintain the confidentiality of the designated confidential

13

documents or electronically stored information consistent with the terms of this

14

Order.

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15.

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DISCLOSURES TO THE UNITED STATES CONGRESS
Nothing contained in this Order shall prevent or in any way limit or impair

17

the right of the United States to provide designated confidential documents or

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electronically stored information to a Congressional entity, provided, however that

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the United States shall notify the Congressional entity requesting the documents or

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electronically stored information that the designated confidential documents or

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electronically stored information have been produced pursuant to this Order and

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shall, if there are no objections interposed by the Congressional entity requesting

23

the documents or electronically stored information, use reasonable efforts to notify

24

the Producing Party of the Congressional entity’s request and the United States’

25

response thereto.

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358302.2

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STIPULATED PROTECTIVE ORDER
13-CV-3772-DMG (MRWX)

1

16.

2

punished by any and all appropriate measures including, without limitation,

3

contempt proceedings and/or monetary sanctions.

4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Notwithstanding Section 10 of this Order, any violation of this Order may be

Dated: February 14, 2018

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SHEPHERD FINKELMAN MILLER &
SHAH, LLP

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By: _/s/ James E. Miller*____________
JAMES E. MILLER
Attorneys for Plaintiffs-Relators

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Dated: February 14, 2018

DUCKWORTH PETERS LEBOWITZ
OLIVIER, LLP

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By: __/s/ Monique Olivier __________
MONIQUE OLIVER
Attorneys for Plaintiffs-Relators

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Dated: February 14, 2018

NELSON HARDIMAN LLP

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By: /s/ Mark Hardiman
MARK HARDIMAN
Attorneys for Defendant

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*I hereby attest that all other signatories listed, and on whose behalf the filing is
submitted, concur in the filing’s content and have authorized the filing.

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STIPULATED PROTECTIVE ORDER
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: 2/15/2018
Honorable
United States District Court Judge

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358302.2

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STIPULATED PROTECTIVE ORDER
13-CV-3772-DMG (MRWX)

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

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[print or type full

name], of

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Chang., et al., Case No. 13-cv-3772 DMG. I agree to comply with and to be

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case of United States of America ex rel. Bobette Smith; Susan Rogers vs. Tom

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United States District Court for the Central District of California on _______ in the

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in its entirety and understand the Stipulated Protective Order that was issued by the

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[print or type full address], declare under penalty of perjury that I have read

bound by all the terms of this Stipulated Protective Order and I understand and

11

acknowledge that failure to so comply could expose me to sanctions and

12

punishment in the nature of contempt. I solemnly promise that I will not disclose in

13

any manner any information or item that is subject to this Stipulated Protective

14

Order to any person or entity except in strict compliance with the provisions of this

15

Order.

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I further agree to submit to the jurisdiction of the United States District

17

Court for the Central District of California for the purpose of enforcing the terms

18

of this Stipulated Protective Order, even if such enforcement proceedings occur

19

after termination of this action.

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I hereby appoint

21

[print or type full name] of

22

[print or type full address and telephone number] as my California agent for

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service of process in connection with this action or any proceedings related to

24

enforcement of this Stipulated Protective Order.

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Dated:
City and State where sworn and signed:
Printed name:
Signature:
358302.2

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STIPULATED PROTECTIVE ORDER
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