M.S. et al v. County of Ventura et al

Filing 171

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Joint MOTION for Protective Order for Confidential Materials Relating To Putative Class Members (Stipulated) 169 . See order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MATTHEW SCOTT, an Individual by ) Case No. 16-03084-DSF-RAO
and through his Guardian Ad Litem,
)
MARY RODGERS-VEY, et al.,
) STIPULATED PROTECTIVE
) ORDER1
Plaintiffs,
)
vs.
) Hon. Dale S. Fischer
) Action Filed: May 4, 2016
CALIFORNIA FORENSIC MEDICAL ) Trial Date: October 8, 2019
GROUP; et al.
)
)
Defendants.
)
________________________________ )
1.

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A.

PURPOSES AND LIMITATIONS

On March 8, 2018, this Court issued and filed its order in this action (ECF

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No. 168) directing the parties hereto to file this stipulated protective order for the
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This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Rozella A. Oliver’s Procedures.

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STIPULATED PROTECTIVE ORDER

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purpose of protecting confidential information under State and Federal law,

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including, but not limited to, HIPPA, Welfare & Institutions Code sections

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141000.2 and 5328 et seq., Civil Code sections 56 et seq., Confidentiality of

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Medical Information Act (CMIA) and Civil Code section 1798 et seq. Information
Processes Act of 1977, which may be produced and/or disclosed in this action.

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Discovery in this action is likely to involve production of confidential,
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proprietary and/or private information for which special protection from public
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disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order, after due notice to members of the

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putative class and/or any non-parties whose confidential information may be the

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subject of discovery in this case (which notice shall be provided separate from this

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Stipulated Protective Order). If a member of the putative class and/or a non-party

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fail to seek a protective order or other relief from this Court within 14 days of

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receiving notice of information which is sought in discovery in this case, this Order

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and accompanying information, the Receiving Party (as hereinafter defined) may

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produce the putative class member’s and/or non-party’s confidential information

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that are responsive to written discovery requests or within the Receiving Party’s

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voluntary disclosure obligations under the Federal Rules of Civil Procedure. If a
putative class member and/or a non-party timely seeks a protective order or other

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appropriate relief, the Receiving Party shall not produce any information in its
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possession or control before a determination by the Court. Absent a Court order to
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the contrary, any objecting putative class member and/or non-party shall bear the
burden and expense of seeking protection in this Court of its Protected Material (as
hereinafter defined).

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STIPULATED PROTECTIVE ORDER

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All documents and/or information subject to this Stipulated Protective Order

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shall be marked “CONFIDENTIAL AND SUBJECT TO PROTECTIVE

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ORDER.”

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The intent of this agreement is to allow the disclosure of such

information without redaction to the parties, and the information can only be
disclosed to the parties, their representatives and agents, including experts and

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investigators. This information cannot be filed in Court except under seal, or if to
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be used at hearing, or trial, with the permission of the Court to unseal the
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information prior to filing or use at trial.
The parties acknowledge that this Order does not confer blanket protections

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on all disclosures or responses to discovery and that the protection it affords from

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

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entitled to confidential treatment under the applicable legal principles.

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B.

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This action is likely to involve the disclosure of confidential and private

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medical information of inmates and pre-trial detainees who have been found

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incompetent to stand trial in the County of Ventura. For these documents and

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materials, special protection from public disclosure and from use for any purpose

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other than the prosecution and defense of this action is warranted. Accordingly, to

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GOOD CAUSE STATEMENT

expedite the flow of information, to facilitate the prompt resolution of disputes
over confidentiality of discovery materials, to adequately protect information the

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parties are entitled to keep confidential, to ensure that the parties are permitted
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reasonable necessary uses of such material in preparation for and in the conduct of
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trial, to address their handling at the end of the litigation, and serve the ends of
justice, a protective order for such information is justified in this matter. It is the

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intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it
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STIPULATED PROTECTIVE ORDER

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has been maintained in a confidential, non-public manner, and there is good cause

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

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C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING

UNDER SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that this

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Stipulated Protective Order does not entitle them to file confidential information
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under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
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and the standards that will be applied when a party seeks permission from the
Court to file material under seal. There is a strong presumption that the public has

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a right of access to judicial proceedings and records in civil cases. In connection

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with non-dispositive motions, good cause must be shown to support a filing under

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seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir.

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2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002),

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Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

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stipulated protective orders require good cause showing), and a specific showing of

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good cause or compelling reasons with proper evidentiary support and legal

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justification, must be made with respect to Protected Material that a party seeks to

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file under seal. The parties’ mere designation of Disclosure or Discovery Material

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as CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER does not—
without the submission of competent evidence by declaration, establishing that the

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material sought to be filed under seal qualifies as confidential, privileged, or
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otherwise protectable—constitute good cause.
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Further, if a party requests sealing related to a dispositive motion or trial,
then compelling reasons, not only good cause, for the sealing must be shown, and

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the relief sought shall be narrowly tailored to serve the specific interest to be

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protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.
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STIPULATED PROTECTIVE ORDER

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2010). For each item or type of information, document, or thing sought to be filed

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or introduced under seal in connection with a dispositive motion or trial, the party

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seeking protection must articulate compelling reasons, supported by specific facts

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and legal justification, for the requested sealing order. Again, competent evidence
supporting the application to file documents under seal must be provided by

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declaration.

Any document that is not confidential, privileged, or otherwise

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protectable in its entirety will not be filed under seal if the confidential portions
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can be redacted. If documents can be redacted, then a redacted version for public
viewing, omitting only the confidential, privileged, or otherwise protectable

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portions of the document, shall be filed. Any application that seeks to file

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documents under seal in their entirety should include an explanation of why

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redaction is not feasible.

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2.

DEFINITIONS

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2.1 Action: this pending federal lawsuit.

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2.2 Challenging Party: a Party or Non-Party who challenges the

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designation of information or items under this Order.

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2.3 “CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER”

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Information or Items: information (regardless of how it is generated, stored or

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maintained) or tangible things that qualify for protection under Federal Rule of
Civil Procedure 26(c). The CONFIDENTIAL AND SUBJECT TO PROTECTIVE

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ORDER materials include but are not limited to documents, information and things
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concerning the medical, psychological, psychiatric and other confidential
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information of members of the putative class, and any other confidential or
proprietary information of any party or non-party.
2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
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STIPULATED PROTECTIVE ORDER

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2.5 Designating Party: a Party or Non-Party who designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER.”

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2.6 Disclosure or Discovery Material: all items or information, regardless 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
pertinent to the litigation who has been retained by a Party or its counsel to serve
as an expert witness or as a consultant in this Action.
2.8 House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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

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other legal entity not named as a Party to this action, and not a member of the

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putative class as defined in Plaintiffs’ Fourth Amended Complaint.

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

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

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STIPULATED PROTECTIVE ORDER

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2.13 Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.

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Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER”
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Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.
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. Any

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use of Protected Material at trial shall be governed by the orders of the Court. This

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Order does not govern the use of Protected Material at trial. If the parties use the

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materials in deposition the parties will not release the information outside the

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litigation, and the materials can only be used in motions, hearings and trial as

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governed by this protective order.
4.

DURATION

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Once a case proceeds to trial, information that was designated as
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CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER or maintained
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pursuant to this protective order used or introduced as an exhibit at trial becomes
public and will be presumptively available to all members of the public, including

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the press, unless compelling reasons supported by specific factual findings to

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proceed otherwise are made to the trial judge in advance of the trial. See
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STIPULATED PROTECTIVE ORDER

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Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

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documents produced in discovery from “compelling reasons” standard when

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merits-related documents are part of court record). Accordingly, the terms of this

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protective order do not extend beyond the commencement of the trial.
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DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for Protection.
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Each Party or Non-Party who designates information or items for protection under
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this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items or oral or written

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

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items or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order. Mass, indiscriminate or routinized

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designations are prohibited. Designations that are shown to be clearly unjustified

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or that have been made for an improper purpose (e.g., to unnecessarily encumber

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the case development process or to impose unnecessary expenses and burdens on

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other parties) may expose the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
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., second paragraph of section 5.2(a) below), or as otherwise
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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
produced.
Designation in conformity with this Order requires:
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(a)

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” (hereinafter
“CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER legend”), to each

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page that contains protected material. If only a portion of the material on a page
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qualifies for protection, the Producing Party also must clearly identify the
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protected portion(s) (e.g., by making appropriate markings in the margins). A Party
or Non-Party that makes original documents available for inspection need not

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designate them for protection until after the inspecting Party has indicated which

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documents it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER.” After the

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inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof, qualify for

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protection under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL AND SUBJECT TO

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PROTECTIVE ORDER legend” to each page that contains Protected Material. If

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only a portion of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).
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(b) for testimony given in depositions that the Designating Party identifies
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the Disclosure or Discovery Material on the record, before the close of the
deposition all protected testimony.
(c) for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on
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STIPULATED PROTECTIVE ORDER

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the exterior of the container or containers in which the information is stored the

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legend “CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER.” If only

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a portion or portions of the information warrants protection, the Producing Party,

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to the extent practicable, shall identify the protected portion(s).

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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
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
6.1

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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.
6.2

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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 on

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the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall
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continue to afford the material in question the level of protection to which it is
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entitled under the Producing Party’s designation until the Court rules on the
challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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

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7.2 Disclosure of “CONFIDENTIAL AND SUBJECT TO PROTECTIVE

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ORDER” 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 AND SUBJECT TO

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PROTECTIVE ORDER” only to:

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

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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 House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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(c) Experts, Investigators, Of Counsel and Third Party Attorneys contracted
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by the receiving attorneys, and consultants

of the Receiving Party to whom

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

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(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

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(h) during their depositions, witnesses, and attorneys for witnesses, in the
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Action to whom disclosure is reasonably necessary provided: (1) the deposing
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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
they will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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agreed by the Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material may

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

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except as permitted under this Stipulated Protective Order; and
(i)

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any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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If a Party is served with a subpoena or a Court order issued in other litigation
that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER,” 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

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

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of this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected. If the
Designating Party timely seeks a protective order, the Party served with the

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subpoena or Court order shall not produce any information designated in this
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action as “CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” before
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a determination by the Court from which the subpoena or order issued, unless the
Party has obtained the Designating Party’s permission. The Designating Party shall

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bear the burden and expense of seeking protection in that court of its confidential

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material and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this Action to disobey a lawful directive from

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another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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

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Non-Party in this Action and designated as “CONFIDENTIAL AND SUBJECT

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TO PROTECTIVE ORDER.” Such information produced by Non-Parties in

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connection with this litigation is protected by the remedies and relief provided by
this Order. Nothing in these provisions shall be construed as prohibiting a Non

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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 then the Party
shall:

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(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 claim of

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confidentiality by the Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
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(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.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

disclosed Protected Material to any person or in any circumstance not authorized
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
of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.
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STIPULATED PROTECTIVE ORDER

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11.

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OTHERWISE PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR

When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
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whatever procedure may be established in an e-discovery order that provides for
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production without prior privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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of a communication or information covered by the attorney-client privilege or

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work product protection, the parties may incorporate their agreement in the

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stipulated protective order submitted to the Court.

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12.

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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
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 Local Civil Rule 79-5 or the procedures for
lodging documents, as set forth herein and Local Civil Rules 5-4 and 11-4.

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Protected Material may only be filed under seal pursuant to a Court order

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authorizing the sealing of the specific Protected Material at issue. If a Party’s
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request to file Protected Material under seal is denied by the Court, then the

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Receiving Party may file the information in the public record unless otherwise

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instructed by the Court. A Party may lodge confidential documents, information or

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things subject to this Stipulated Protective Order instead of electronically filing, as
an exception under Local Civil Rule 5-4.2(b)(4), and the lodging Party shall first

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file electronically a Notice of Manual Filing or Lodging describing the document
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or exhibit being filed or lodged in paper format, and present a copy of the Notice of
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Manual Filing or Lodging together with its NEF (see Local Civil Rule 5-3.2.1),
with the document to be filed or lodged. The lodging Party shall ensure the lodged

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documents are identified pursuant to the procedures set forth in Section 5 in this

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Stipulated Protective Order and also provide the Court a pre-paid, return envelope

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with the lodging Party’s address to whom the Court shall return the lodged

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documents.

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13.

FINAL DISPOSITION

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

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

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

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

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compilations, summaries, and any other format reproducing or capturing any of the
Protected Material. Whether the Protected Material is returned or destroyed, the

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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
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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_______________________________________________________________
STIPULATED PROTECTIVE ORDER

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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
copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 4 (DURATION).
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14.

VIOLATION

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Any violation of this Order may be punished by appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: March 13, 2018

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THE LAW OFFICES OF BRIAN A.
VOGEL, PC

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By /s/ Brian A. Vogel
Brian A. Vogel
Attorney for Plaintiffs

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Dated: March 13, 2018

BERTLING & CLAUSEN, L.L.P.

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By /s/ Jemma Parker Saunders
Jemma Parker Saunders
Attorneys for Defendants
CFMG, Taylor Fithian,M.D.
Paul Adler, M.D.,
Ronald Pollack, M.D.

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Dated: March 13, 2018

SELTZER CAPLAN MCMAHON
VITEK

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By /s/ Neal Panish
Neal Panish
Attorneys for Defendant
MHM Services of California, Inc.;
Marcus Lopez

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_______________________________________________________________
STIPULATED PROTECTIVE ORDER

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Dated: March 13, 2018

ATTORNEY GENERAL OF CALIFORNIA

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By /s/ Jonathan E. Rich
Jonathan E. Rich
Deputy Attorney General
Attorneys for Defendants Pam
Ahlin, Director of the California
Department of State Hospitals;
and Harry Oreol, Director of
Patton State Hospital

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: March 14, 2018

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_____________________________________
HONORABLE ROZELLA A. OLIVER
United States Magistrate Judge

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_______________________________________________________________
STIPULATED PROTECTIVE ORDER

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Stipulated Protective Order that
was issued by the United States District Court for the Central District of California
on [date] in the case of ___________ [insert formal name of the case and the
number and initials assigned to it by the court]. I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective
Order to any person or entity except in strict compliance with the provisions of this
Order.
I further agree to submit to the jurisdiction of the United States District
Court for the Central District of California for enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.

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Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________

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_______________________________________________________________
STIPULATED PROTECTIVE ORDER