United States of America et al v. Nationwide Medical Inc

Filing 35

PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 33 (See order for further details) (san)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 UNITED STATES OF AMERICA ex rel. JOSEPH ABEYTA, Plaintiff, 12 13 vs. 14 NATIONWIDE MEDICAL, INC., a California corporation, 15 Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 13-cv-09143-RSWL (JEMx) [PROPOSED] ORDER APPROVING JOINT STIPULATION AND PROTECTIVE ORDER 16 17 Plaintiff JOSEPH ABEYTA (“Plaintiff”) and Defendant NATIONWIDE 18 MEDICAL, INC. (“Nationwide” or “Defendant”) have submitted a joint Stipulated 19 Protective Order and Confidentiality Agreement for the Court’s approval. The 20 Stipulation provides as follows: 21 STIPULATED PROTECTIVE ORDER AND 22 23 CONFIDENTIALITY AGREEMENT The following terms and conditions shall govern the production of 24 confidential documents and information in the above-captioned action (hereinafter 25 the “Action”). 26 1. 27 This Stipulation shall apply to documents, and to information contained therein, which one of the above-named parties (collectively, the 28 -1- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER 1 “Parties,” and each of them a “Party”) designates as “Confidential Material” in the 2 manner described below. 3 2. Parties may designate documents as confidential if the document 4 contains trade secrets or information that is commercially sensitive, private, or 5 personal. Such designations are limited to documents and information that the 6 designating Party believes in good faith to be confidential. Confidentiality 7 designations should to the extent feasible not obscure the underlying text and 8 should be located on the bottom of the page if possible. Designation of a 9 document as confidential shall not restrict the use outside of this Action of similar or identical documents or information contained therein, if the documents or 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 information was obtained or received from sources other than the designating 12 Party’s production in this Action. 13 3. To the extent that matter stored or recorded in the form of electronic 14 or magnetic media (including information, databases, or programs stored on 15 computers, discs, networks, tapes, personal digital assistants, etc.) (collectively, 16 “Electronic Material”) is produced by a Party in such form, that Party may 17 designate such matter as Confidential Material by cover letter referring generally to 18 such matter. If reasonably feasible, however, the designating Party shall include in 19 the Electronic Material the legend provided for in paragraph 4. 20 4. “Confidential Material” may be so designated by a Party (the 21 “Designating Party”) by marking “Confidential” or “Confidential Information” on 22 the face of the document(s) and on each page(s) containing confidential 23 information. 24 25 5. Except by agreement of the Parties or as provided herein or required by law, Confidential Material may be disclosed only to the following persons: 26 a. The Parties; 27 b. Counsel for any Party, and their associates, paralegal, clerical, or 28 service support staff; -2- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER 1 c. Experts or consultants (including their employees and/or support staff) retained or consulted by any Party to this Action; 2 3 d. Mediators retained by the Parties to the Action; 4 e. The Court and its staff; 5 f. Trial witnesses; 6 g. Persons who a Party in good faith anticipates may be witnesses; 7 h. Persons who a Party in good faith believes already have 8 knowledge of the Confidential Material (other than by disclosure 9 pursuant to this Stipulation), including any persons who, on the face of the Confidential Material are indicated to be authors, 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 addressees, or recipients of copies of the Confidential Material; 12 i. Stenographers, court reporters, copy services, employees of 13 document or date management firms, and similar personnel 14 rendering transcription, copying, recording, audiovisual, or 15 document or data management services in connection with this 16 Action; 17 Confidential Material shall not be disclosed to any person referred to in 18 subparagraphs 5 (c), (f) and (g) unless and until such person has read and agreed to 19 be bound by the terms and conditions of this Stipulation. 20 6. If any Party to the Action disputes the designation of any document as 21 Confidential Material (the “Challenging Party”), or otherwise seeks a removal or 22 alteration of the protections of this Stipulation for any reason, the Challenging 23 Party shall initiate the dispute resolution process by providing written notice of the 24 designations it is challenging and describing the basis for the challenge. The 25 Parties shall attempt to resolve each challenge in good faith and must begin the 26 process by conferring within 14 days of the date of service of notice. If the Parties 27 cannot resolve a challenge without court intervention, the Designating Party shall 28 file and serve a motion to retain confidentiality within 21 days of the parties -3- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER 1 agreeing that the meet and confer process will not resolve their dispute. Failure by 2 the Designating Party to make such a motion within 21 days shall automatically 3 waive the confidentiality designation for each challenged designation. Unless the 4 Designating Party has waived the confidentiality designation by failing to file a 5 motion to retain confidentiality as described above, all parties shall continue to 6 afford the material in question protection as Confidential Material until the court 7 rules on the challenge. 8 9 7. In addition to the relief provided by paragraph 6, the Parties do not waive, and expressly retain, the rights to seek from the Court relief from any provisions of this Stipulation or additional or different provisions or exceptions 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 with respect to particular documents or information. 12 8. Without written permission from the Designating Party or a court 13 order secured after appropriate notice to all interested persons, a Party may not file 14 in the public record in this action any Confidential Material. A Party that seeks to 15 file under seal any Confidential Material must comply with Civil Local Rule 79-5. 16 If a Party’s request to file Confidential Material under seal is denied by the court, 17 then the Party may file the information in the public record unless otherwise 18 instructed by the court. 19 20 21 9. Nothing in this Stipulation shall prevent any Party from using or disclosing the Party’s own documents or information. 10. Nothing in this Stipulation shall operate to require the production of 22 information or documents that are subject to a good faith assertion of attorney- 23 client privilege, work product immunity, or other applicable privilege or immunity 24 from disclosure. 25 11. A person’s compliance with the terms of this Stipulation shall not 26 operate as an admission that any particular document is or is not (i) confidential, 27 (ii) privileged, or (iii) admissible in evidence at trial. 28 12. This Stipulation shall survive the termination of this Action and shall -4- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER 1 continue in full force and effect thereafter. Upon written request, documents 2 designated as Confidential Material shall be returned to the appropriate Party or 3 destroyed within ninety (90) days after the termination of the Action. Upon 4 written request, the Party who received Confidential Material in this Action shall 5 provide the designating Party with a declaration certifying that all documents 6 required to be returned or destroyed pursuant to the provisions of this paragraph 7 have been returned or destroyed. “Termination of this Action” will occur upon the 8 rendering of a non-appealable, final order or decision by the Court. If the Parties 9 hereto resolve this case by settlement or compromise and no award is ever rendered, then “Termination of this Action” shall occur on the date that the Action 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 is dismissed by the filing of a written dismissal. 12 13. Any person in possession of Confidential Material who (i) receives a 13 subpoena (or other process) from any person (including natural persons, 14 corporations, partnerships, firms, governmental agencies, departments or bodies, 15 boards, or associations) who is not a Party to this Stipulation seeking production or 16 other disclosure of such Confidential Material or (ii) receives a request by a 17 governmental agency, regulatory agency, or a court seeking production or other 18 disclosure of such Confidential Material, shall promptly give notice by email 19 and/or facsimile to counsel for the Parties, enclosing a copy of the subpoena or 20 other process or request where possible at least ten (10) business days before 21 production or other disclosure, unless such Party is prohibited from disclosing the 22 request seeking the materials, by lawful order of a governmental entity or 23 otherwise by law, which prohibits such disclosure or delay. In no event shall 24 production or other disclosure be made before the latest of (i) the date on which 25 notice is given; or (ii) the return date of the subpoena or request. Nothing in this 26 paragraph shall be deemed to require a recipient of confidential information to 27 resist production, but no voluntary surrender may be made without compliance 28 with the notice requirement, which is intended to permit the Parties to assert any -5- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER 1 rights against production which they would have had had the documents remained 2 exclusively in the possession or control of the Parties under this Stipulation. If 3 production is required by lawful process prior to providing the above required 4 notice, the producing Party shall nonetheless provide written notice of such 5 production, unless lawfully forbidden by the person to whom the documents are 6 provided. 7 14. 8 This Stipulation shall not app ly to the use of Confidential Material at the trial in the Action, unless otherwise ordered by the Court. ORDER 9 10 The Court, having reviewed the Stipulated Protective Order and Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 Confidentiality Agreement between Plaintiff and Defendant requesting the entry of 12 the Stipulation, hereby approves of the Stipulation. 13 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 14 15 16 Dated: March 30, 2017 ____________________________________ JOHN E. MCDERMOTT UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 1132717/32204000v.1 -6- [PROPOSED] ORDER APPROVING STIPULATED AND PROTECTIVE ORDER

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