QBE Specialty Insurance Company v. S.H.C.C., Inc. et al

Filing 58

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order 56 . (See Order for complete details) (afe)

1 HANSON BRIDGETT LLP
Linda E. Klamm, SBN 71506
2 [e-mail]
Samantha D. Wolff, SBN 240280
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants and
Counterclaimants Sherwood
7 Healthcare Center; Woodside
Healthcare Center; College
8 Oak Nursing and Rehabilitation
Center; Oak Ridge Healthcare
9 Center; Asbury Park Nursing
and Rehabilitation Center; and
10 John D. Lund

KAUFMAN BORGEEST & RYAN LLP
Jeffrey S. Whittington, SBN 236028
[e-mail]
Matthew Zandi, SBN 203329
23975 Park Sorrento, Suite 370
Calabasas, California 91302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and CounterDefendant QBE Specialty Insurance
Company

11

WINGET SPADAFORA &
SCHWARZBERG LLP
Brandon S. Reif SBN 214706
[e-mail]
1900 Avenue of the Stars, Suite 450
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

12

Attorneys for Defendant David Lippa

13
14

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

15
16

QBE SPECIALTY INSURANCE
17 COMPANY,
Plaintiff and
Counter-Defendant,

18
19
20
21
22
23
24
25
26
27
28

v.
S.H.C.C., INC. dba SHERWOOD
HEALTHCARE CENTER, W.H.C., INC.
dba WOODSIDE HEALTH CARE
CENTER, C.O.N.R., INC. dba
COLLEGE OAK NURSING AND
REHABILITATION CENTER,
S.C.A.R.C., INC. dba OAK RIDGE
HEALTH CARE CENTER, J.D.L.
HEALTH CARE, INC. dba ASBURY
PARK NURSING AND
REHABILITATION CENTER, JOHN D.
LUND, individually, and DAVID LIPPA,
individually,

CASE NO. 2:15-cv-02174-SVW-AS
AMENDED STIPULATED
PROTECTIVE ORDER

Complaint Filed:

March 24, 2015

Defendants and
Counterclaimants.
2:15-cv-02174-SVW-AS
AMENDED STIPULATED PROTECTIVE ORDER

1 1.

A.

PURPOSES AND LIMITATIONS

2

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

3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be 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. The parties further acknowledge, as set forth in
11 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
12 file confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a party
14 seeks permission from the court to file material under seal.
15

B.

16

This action is likely to involve financial, fiduciary, and other sensitive

GOOD CAUSE STATEMENT

17 proprietary information for which special protection from public disclosure and
18 from use for any purpose other than prosecution of this action is warranted. Such
19 confidential and proprietary materials and information consist of, among other
20 things, confidential business or financial information pertaining to the Defendant
21 facilities, information regarding confidential business practices, or other confidential
22 research, development, or commercial information (including information
23 implicating privacy rights of third parties), confidential entity ownership
24 information, information otherwise generally unavailable to the public, or which
25 may be privileged or otherwise protected from disclosure under state or federal
26 statutes, court rules, case decisions, or common law. Accordingly, to expedite the
27 flow of information, to facilitate the prompt resolution of disputes over
28 confidentiality of discovery materials, to adequately protect information the parties
2:15-cv-02174-SVW-AS
-2AMENDED STIPULATED PROTECTIVE ORDER

1 are entitled to keep confidential, to ensure that the parties are permitted reasonable
2 necessary uses of such material in preparation for and in the conduct of trial, to
3 address their handling at the end of the litigation, and serve the ends of justice, a
4 protective order for such information is justified in this matter. It is the intent of the
5 parties that information will not be designated as confidential for tactical reasons
6 and that nothing be so designated without a good faith belief that it has been
7 maintained in a confidential, non-public manner, and there is good cause why it
8 should not be part of the public record of this case.
9
10 2.

DEFINITIONS

11

2.1.

Action: QBE Specialty Insurance Company v. S.H.C.C., Inc. dba

12 Sherwood Healthcare Center;W.H.C., Inc. dba Woodside Healthcare Center;
13 C.O.N.R., Inc. dba College Oak Nursing and Rehabilitation Center; S.C.A.R.C., Inc.
14 dba Oak Ridge Healthcare Center; J.D.L. Health Care, Inc. dba Asbury Park
15 Nursing and Rehabilitation Center; John D. Lund; and David Lippa, U.S. District
16 Court for the Central District of California, Case No. 2:15-cv-02174-SVW-AS.
17

2.2.

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

18 of information or items under this Order.
19

2.3.

“CONFIDENTIAL” Information or Items: information (regardless of

20 how it is generated, stored or maintained) or tangible things that qualify for
21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
22 the Good Cause Statement.
23

2.4.

Counsel: Outside Counsel of Record and House Counsel (as well as

24 their support staff).
25

2.5.

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

26 items that it produces in disclosures or in responses to discovery as
27 “CONFIDENTIAL.”
28

2.6.

Disclosure or Discovery Material: all items or information, regardless
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AMENDED STIPULATED PROTECTIVE ORDER

1 of the medium or manner in which it is generated, stored, or maintained (including,
2 among other things, testimony, transcripts, and tangible things), that are produced or
3 generated in disclosures or responses to discovery in this matter.
4

2.7.

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

5 pertinent to the litigation who has been retained by a Party or its counsel to serve as
6 an expert witness or as a consultant in this Action.
7

2.8.

House Counsel: attorneys who are employees of a party to this Action.

8 House Counsel does not include Outside Counsel of Record or any other outside
9 counsel.
10

2.9.

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

11 other legal entity not named as a Party to this action.
12

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

13 to this Action but are retained to represent or advise a party to this Action and have
14 appeared in this Action on behalf of that party or are affiliated with a law firm which
15 has appeared on behalf of that party, and includes support staff.
16

2.11. Party: any party to this Action, including all of its officers, directors,

17 employees, consultants, retained experts, and Outside Counsel of Record (and their
18 support staffs).
19

2.12. Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.
21

2.13. Professional Vendors: persons or entities that provide litigation support

22 services (e.g., photocopying, videotaping, translating, preparing exhibits or
23 demonstrations, and organizing, storing, or retrieving data in any form or medium)
24 and their employees and subcontractors.
25

2.14. Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL.”
27

2.15. Receiving Party: a Party that receives Disclosure or Discovery Material

28 from a Producing Party.
AMENDED STIPULATED PROTECTIVE ORDER

-4-

2:15-cv-02174-SVW-AS

1 3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7

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

8 trial judge. This Order does not govern the use of Protected Material at trial.
9
10 4.

DURATION

11

Even after final disposition of this litigation, the confidentiality obligations

12 imposed by this Order shall remain in effect until a Designating Party agrees
13 otherwise in writing or a court order otherwise directs. Final disposition shall be
14 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
15 or without prejudice; and (2) final judgment herein after the completion and
16 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
17 including the time limits for filing any motions or applications for extension of time
18 pursuant to applicable law.
19
20 5.

DESIGNATING PROTECTED MATERIAL

21

5.1.

Exercise of Restraint and Care in Designating Material for Protection.

22 Each Party or Non-Party that designates information or items for protection under
23 this Order must take care to limit any such designation to specific material that
24 qualifies under the appropriate standards. The Designating Party must designate for
25 protection only those parts of material, documents, items, or oral or written
26 communications that qualify so that other portions of the material, documents,
27 items, or communications for which protection is not warranted are not swept
28 unjustifiably within the ambit of this Order.
-5AMENDED STIPULATED PROTECTIVE ORDER

2:15-cv-02174-SVW-AS

1

Mass, indiscriminate, or routinized designations are prohibited. Designations

2 that are shown to be clearly unjustified or that have been made for an improper
3 purpose (e.g., to unnecessarily encumber the case development process or to impose
4 unnecessary expenses and burdens on other parties) may expose the Designating
5 Party to sanctions.
6

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

7 designated for protection do not qualify for protection, that Designating Party must
8 promptly notify all other Parties that it is withdrawing the inapplicable designation.
9

5.2.

Manner and Timing of Designations. Except as otherwise provided in

10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
12 under this Order must be clearly so designated before the material is disclosed or
13 produced.
14
15

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

16 documents, but excluding transcripts of depositions or other pretrial or trial
17 proceedings), that the Producing Party affix at a minimum, the legend
18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
19 contains protected material. If only a portion or portions of the material on a page
20 qualifies for protection, the Producing Party also must clearly identify the protected
21 portion(s) (e.g., by making appropriate markings in the margins).
22

A Party or Non-Party that makes original documents available for inspection

23 need not designate them for protection until after the inspecting Party has indicated
24 which documents it would like copied and produced. During the inspection and
25 before the designation, all of the material made available for inspection shall be
26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
27 documents it wants copied and produced, the Producing Party must determine which
28 documents, or portions thereof, qualify for protection under this Order. Then, before
2:15-cv-02174-SVW-AS
-6AMENDED STIPULATED PROTECTIVE ORDER

1 producing the specified documents, the Producing Party must affix the
2 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
3 portion or portions of the material on a page qualifies for protection, the Producing
4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
5 markings in the margins).
6

(b)

for testimony given in depositions that the Designating Party

7 identify the Disclosure or Discovery Material on the record, before the close of the
8 deposition all protected testimony.
9

(c)

for information produced in some form other than documentary

10 and for any other tangible items, that the Producing Party affix in a prominent place
11 on the exterior of the container or containers in which the information is stored the
12 legend “CONFIDENTIAL.” If only a portion or portions of the information
13 warrants protection, the Producing Party, to the extent practicable, shall identify the
14 protected portion(s).
15

5.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

16 failure to designate qualified information or items does not, standing alone, waive
17 the Designating Party’s right to secure protection under this Order for such material.
18 Upon timely correction of a designation, the Receiving Party must make reasonable
19 efforts to assure that the material is treated in accordance with the provisions of this
20 Order.
21
22 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

23

6.1.

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

24 designation of confidentiality at any time that is consistent with the Court’s
25 Scheduling Order.
26

6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

27 resolution process under Local Rule 37.1 et seq.
28

6.3.

The burden of persuasion in any such challenge proceeding shall be on
2:15-cv-02174-SVW-AS
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AMENDED STIPULATED PROTECTIVE ORDER

1 the Designating Party. Frivolous challenges, and those made for an improper
2 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
3 parties) may expose the Challenging Party to sanctions. Unless the Designating
4 Party has waived or withdrawn the confidentiality designation, all parties shall
5 continue to afford the material in question the level of protection to which it is
6 entitled under the Producing Party’s designation until the Court rules on the
7 challenge.
8
9 7.
10

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

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

11 disclosed or produced by another Party or by a Non-Party in connection with this
12 Action only for prosecuting, defending, or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14 conditions described in this Order. When the Action has been terminated, a
15 Receiving Party must comply with the provisions of Section 13 below (FINAL
16 DISPOSITION).
17

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

18 location and in a secure manner that ensures that access is limited to the persons
19 authorized under this Order.
20

7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

21 otherwise ordered by the court or permitted in writing by the Designating Party, a
22 Receiving Party may disclose any information or item designated
23 “CONFIDENTIAL” only to:
24

(a)

the Receiving Party’s Outside Counsel of Record in this Action,

25 as well as employees of said Outside Counsel of Record to whom it is reasonably
26 necessary to disclose the information for this Action;
27

(b)

the officers, directors, and employees (including House Counsel)

28 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
2:15-cv-02174-SVW-AS
-8AMENDED STIPULATED PROTECTIVE ORDER

1

(c)

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

2 whom disclosure is reasonably necessary for this Action and who have signed the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4

(d)

the court and its personnel;

5

(e)

court reporters and their staff;

6

(f)

professional jury or trial consultants, mock jurors, and

7 Professional Vendors to whom disclosure is reasonably necessary for this Action
8 and who have signed the “Acknowledgment and Agreement to Be Bound”
9 (Exhibit A);
10

(g)

the author or recipient of a document containing the information

11 or a custodian or other person who otherwise possessed or knew the information;
12

(h)

during their depositions, witnesses, and attorneys for witnesses,

13 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
14 party requests that the witness sign the form attached as Exhibit 1 hereto; and
15 (2) they will not be permitted to keep any confidential information unless they sign
16 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
17 agreed by the Designating Party or ordered by the court. Pages of transcribed
18 deposition testimony or exhibits to depositions that reveal Protected Material may
19 be separately bound by the court reporter and may not be disclosed to anyone except
20 as permitted under this Stipulated Protective Order; and
21

(i)

any mediator or settlement officer, and their supporting

22 personnel, mutually agreed upon by any of the parties engaged in settlement
23 discussions.
24
25 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

26

IN OTHER LITIGATION

27

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

28 that compels disclosure of any information or items designated in this Action as
2:15-cv-02174-SVW-AS
-9AMENDED STIPULATED PROTECTIVE ORDER

1 “CONFIDENTIAL,” that Party must:
2

(a)

promptly notify in writing the Designating Party. Such

3 notification shall include a copy of the subpoena or court order;
4

(b)

promptly notify in writing the party who caused the subpoena or

5 order to issue in the other litigation that some or all of the material covered by the
6 subpoena or order is subject to this Protective Order. Such notification shall include
7 a copy of this Stipulated Protective Order; and
8

(c)

cooperate with respect to all reasonable procedures sought to be

9 pursued by the Designating Party whose Protected Material may be affected.
10

If the Designating Party timely seeks a protective order, the Party served with

11 the subpoena or court order shall not produce any information designated in this
12 action as “CONFIDENTIAL” before a determination by the court from which the
13 subpoena or order issued, unless the Party has obtained the Designating Party’s
14 permission. The Designating Party shall bear the burden and expense of seeking
15 protection in that court of its confidential material and nothing in these provisions
16 should be construed as authorizing or encouraging a Receiving Party in this Action
17 to disobey a lawful directive from another court.
18
19 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

20

PRODUCED IN THIS LITIGATION

21

(a)

The terms of this Order are applicable to information produced

22 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
23 information produced by Non-Parties in connection with this litigation is protected
24 by the remedies and relief provided by this Order. Nothing in these provisions
25 should be construed as prohibiting a Non-Party from seeking additional protections.
26

(b)

In the event that a Party is required, by a valid discovery request,

27 to produce a Non-Party’s confidential information in its possession, and the Party is
28 subject to an agreement with the Non-Party not to produce the Non-Party’s
2:15-cv-02174-SVW-AS
-10AMENDED STIPULATED PROTECTIVE ORDER

1 confidential information, then the Party shall:
2

(1)

promptly notify in writing the Requesting Party and the

3 Non-Party that some or all of the information requested is subject to a
4 confidentiality agreement with a Non-Party;
5

(2)

promptly provide the Non-Party with a copy of the

6 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
7 reasonably specific description of the information requested; and
8

(3)

make the information requested available for inspection by

9 the Non-Party, if requested.
10

(c)

If the Non-Party fails to seek a protective order from this court

11 within 14 days of receiving the notice and accompanying information, the Receiving
12 Party may produce the Non-Party’s confidential information responsive to the
13 discovery request. If the Non-Party timely seeks a protective order, the Receiving
14 Party shall not produce any information in its possession or control that is subject to
15 the confidentiality agreement with the Non-Party before a determination by the
16 court. Absent a court order to the contrary, the Non-Party shall bear the burden and
17 expense of seeking protection in this court of its Protected Material.
18
19 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

20

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

21 Protected Material to any person or in any circumstance not authorized under this
22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25 persons to whom unauthorized disclosures were made of all the terms of this Order,
26 and (d) request such person or persons to execute the “Acknowledgment and
27 Agreement to Be Bound” that is attached hereto as Exhibit A.
28
AMENDED STIPULATED PROTECTIVE ORDER

-11-

2:15-cv-02174-SVW-AS

1 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL

3

When a Producing Party gives notice to Receiving Parties that certain

4 inadvertently produced material is subject to a claim of privilege or other protection,
5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
7 may be established in an e-discovery order that provides for production without
8 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
9 as the parties reach an agreement on the effect of disclosure of a communication or
10 information covered by the attorney-client privilege or work product protection, the
11 parties may incorporate their agreement in the stipulated protective order submitted
12 to the court.
13
14 12.

MISCELLANEOUS

15

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

16 person to seek its modification by the Court in the future.
17

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

18 Protective Order no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in this
20 Stipulated Protective Order. Similarly, no Party waives any right to object on any
21 ground to use in evidence of any of the material covered by this Protective Order.
22

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

23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
24 only be filed under seal pursuant to a court order authorizing the sealing of the
25 specific Protected Material at issue. If a Party’s request to file Protected Material
26 under seal is denied by the court, then the Receiving Party may file the information
27 in the public record unless otherwise instructed by the court.
28
AMENDED STIPULATED PROTECTIVE ORDER

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2:15-cv-02174-SVW-AS

1 13.

FINAL DISPOSITION

2

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

3 60 days of a written request by the Designating Party, each Receiving Party must
4 return all Protected Material to the Producing Party or destroy such material. As
5 used in this subdivision, “all Protected Material” includes all copies, abstracts,
6 compilations, summaries, and any other format reproducing or capturing any of the
7 Protected Material. Whether the Protected Material is returned or destroyed, the
8 Receiving Party must submit a written certification to the Producing Party (and, if
9 not the same person or entity, to the Designating Party) by the 60 day deadline that
10 (1) identifies (by category, where appropriate) all the Protected Material that was
11 returned or destroyed and (2) affirms that the Receiving Party has not retained any
12 copies, abstracts, compilations, summaries or any other format reproducing or
13 capturing any of the Protected Material. Notwithstanding this provision, Counsel are
14 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
15 and hearing transcripts, legal memoranda, correspondence, deposition and trial
16 exhibits, expert reports, attorney work product, and consultant and expert work
17 product, even if such materials contain Protected Material. Any such archival copies
18 that contain or constitute Protected Material remain subject to this Protective Order
19 as set forth in Section 4 (DURATION).
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
AMENDED STIPULATED PROTECTIVE ORDER

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2:15-cv-02174-SVW-AS

1 14.

Any violation of this Order may be punished by any and all appropriate

2 measures including, without limitation, contempt proceedings and/or monetary
3 sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5 DATED: December 22, 2015

HANSON BRIDGETT LLP

6
/s/ Samantha D. Wolff
LINDA E. KLAMM
SAMANTHA D. WOLFF
Attorneys for Defendants and
Counterclaimants Sherwood Healthcare
Center; Woodside Healthcare Center;
College Oak Nursing and Rehabilitation
Center; Oak Ridge Healthcare Center;
Asbury Park Nursing and Rehabilitation
Center; and John D. Lund

7
8
9
10
11
12
13 DATED: December 22, 2015

KAUFMAN BORGEEST & RYAN LLP

14
/s/ Jeffrey S. Whittington
JEFFREY S. WHITTINGTON
MATTHEW ZANDI
Attorneys for Plaintiff/Counter Defendant
QBE SPECIALTY INSURANCE
COMPANY

15
16
17
18
19

DATED: December 22, 2015

WINGET SPADAFORA &
SCHWARZBERG LLP

20
21

/s/ Brandon S. Reif
BRANDON S. REIF
Attorneys for Defendant David Lippa

22
23

24 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25

January 5, 2016
26 DATED: ___________________
27

_____________________________________
/s/
The Honorable Alka Sagar
United States Magistrate Judge

28
AMENDED STIPULATED PROTECTIVE ORDER

-14-

2:15-cv-02174-SVW-AS

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4 I, ____________________________ [print or type full name], of ______________
5 [print or type full address], declare under penalty of perjury that I have read in its
6 entirety and understand the Stipulated Protective Order that was issued by the
7 United States District Court for the Central District of California on [date] in the
8 case of QBE Specialty Insurance Company v. S.H.C.C. Inc., dba Sherwood
9 Healthcare Center, et al., United States District Court for the Central District of
10 California, Case No. 2:15-cv-02174-SVW-AS. I agree to comply with and to be
11 bound by all the terms of this Stipulated Protective Order and I understand and
12 acknowledge that failure to so comply could expose me to sanctions and punishment
13 in the nature of contempt. I solemnly promise that I will not disclose in any manner
14 any information or item that is subject to this Stipulated Protective Order to any
15 person or entity except in strict compliance with the provisions of this Order.
16

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

17 for the Central District of California for the purpose of enforcing the terms of this
18 Stipulated Protective Order, even if such enforcement proceedings occur after
19 termination of this action. I hereby appoint ______________________________
20 [print or type full name] of ___________________________________ [print or
21 type full address and telephone number] as my California agent for service of
22 process in connection with this action or any proceedings related to enforcement of
23 this Stipulated Protective Order.
24
25 Date:
26 City and State where sworn and signed: _______________________________
27 Printed name:
28 Signature:
AMENDED STIPULATED PROTECTIVE ORDER

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