Rebecca Morris et al v. Blue Shield of California et al

Filing 49

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. (See Order for details) [Note Changes Made By The Court]. 47 , 48 . (bem)

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1 2 3 4 5 6 7 8 9 10 Jay Angoff [D.C. Bar #248641], admitted pro hac vice Steven Skalet [D.C. Bar #359804], admitted pro hac vice MEHRI & SKALET PLLC 1250 Connecticut Ave. NW, Suite 300 Washington, DC 20036 Telephone: (202) 822-5100 Dan Stormer [S.B. #101967] Randy Renick [S.B. #179652] Cornelia Dai [S.B. #207435] Hadsell Stormer & Renick, LLP 128 N. Fair Oaks Avenue Pasadena, CA 91103 Telephone: (616) 585-9600 Fax: (626) 577-7079 Email: Email: NOTE: CHANGES MADE BY THE COURT Attorneys for Plaintiffs 11 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 15 16 17 REBECCA MORRIS and BECKY EBENKAMP, individually and on behalf of all others similarly situated, Plaintiffs, 18 v. 19 CALIFORNIA PHYSICIANS’ SERVICE dba BLUE SHIELD OF CALIFORNIA; and DOES 1-10, inclusive, 20 21 22 23 Defendants. ) Case No. 2:16-cv-5914 JAK (JPRx) ) ) STIPULATED PROTECTIVE ) ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) 24 25 26 27 28 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than 5 prosecuting this litigation may be warranted. Accordingly, the parties hereby 6 stipulate to and petition the court to enter the following Stipulated Protective Order. 7 The parties acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from public 9 disclosure and use extends only to the limited information or items that are entitled 10 to confidential treatment under the applicable legal principles. The parties further 11 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 12 Order does not entitle them to file confidential information under seal; Local Rule 13 79-5 sets forth the procedures that must be followed and the standards that will be 14 applied when a party seeks permission from the court to file material under seal. 15 2. 16 17 18 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for 20 protection under Federal Rule of Civil Procedure 26(c). 21 22 23 2.3 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 26 ONLY.” 27 28 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 1 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.6 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this action. 6 2.7 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 7 Information or Items: extremely sensitive “Confidential Information or Items,” 8 disclosure of which to another Party or Non-Party would create a substantial risk 9 of serious harm that could not be avoided by less restrictive means. 10 2.8 House Counsel: attorneys who are employees of a party to this action. 11 House Counsel does not include Outside Counsel of Record or any other outside 12 counsel. 13 14 15 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party 16 to this action but are retained to represent or advise a party to this action and have 17 appeared in this action on behalf of that party or are affiliated with a law firm which 18 has appeared on behalf of that party. 19 2.11 Party: any party to this action, including all of its officers, directors, 20 employees, consultants, retained experts, and Outside Counsel of Record (and their 21 support staffs). 22 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 24 2.13 Professional Vendors: persons or entities that provide litigation 25 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 26 demonstrations, and organizing, storing, or retrieving data in any form or medium) 27 and their employees and subcontractors. 28 2 [PROPOSED] STIPULATED PROTECTIVE ORDER 2.14 Protected Material: any Disclosure or Discovery Material that is 1 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 5 from a Producing Party. 6 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 Protected Material (as defined above), but also (1) any information copied or 9 extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or 11 presentations by Parties or their Counsel that might reveal Protected Material. 12 However, the protections conferred by this Stipulation and Order do not cover the 13 following information: (a) any information that is in the public domain at the time 14 of disclosure to a Receiving Party or becomes part of the public domain after its 15 disclosure to a Receiving Party as a result of publication not involving a violation of 16 this Order, including becoming part of the public record through trial or otherwise; 17 and (b) any information known to the Receiving Party prior to the disclosure or 18 obtained by the Receiving Party after the disclosure from a source who obtained the 19 information lawfully and under no obligation of confidentiality to the Designating 20 Party. Any use of Protected Material at trial shall be governed by a separate 21 agreement or order. 22 4. 23 DURATION Even after final disposition of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees 25 otherwise in writing or a court order otherwise directs. Final disposition shall be 26 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 27 or without prejudice; and (2) final judgment herein after the completion and 28 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 3 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5. 4 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate 8 for protection only those parts of material, documents, items, or oral or written 9 communications that qualify – so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept 11 unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber or retard the case development process 15 or to impose unnecessary expenses and burdens on other parties) expose the 16 Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 (a) for information in documentary form (e.g., paper or electronic documents, 27 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 28 Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY 4 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains 2 protected material. If only a portion or portions of the material on a page qualifies 3 for protection, the Producing Party also must clearly identify the protected portion(s) 4 (e.g., by making appropriate markings in the margins). 5 A Party or Non-Party that makes original documents or materials available for 6 inspection need not designate them for protection until after the inspecting Party has 7 indicated which material it would like copied and produced. During the inspection 8 and before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 10 EYES ONLY.” After the inspecting Party has identified the documents it wants 11 copied and produced, the Producing Party must determine which documents, or 12 portions thereof, qualify for protection under this Order. Then, before producing the 13 specified documents, the Producing Party must affix the “CONFIDENTIAL” or 14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page 15 that contains Protected Material. If only a portion or portions of the material on a 16 page qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins). 18 (b) for testimony given in deposition or in other discovery-related 19 proceedings, that the Designating Party identify on the record, before the close of the 20 deposition, hearing, or other proceeding, all protected testimony. 21 (c) for information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the 23 exterior of the container or containers in which the information or item is stored the 24 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 25 EYES ONLY.” If only a portion or portions of the information or item warrant 26 protection, the Producing Party, to the extent practicable, shall identify the protected 27 portion(s). 28 5 [PROPOSED] STIPULATED PROTECTIVE ORDER 5.3 1 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 6. 8 9 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time consistent with the Court’s scheduling 10 order. Unless a prompt challenge to a Designating Party’s confidentiality 11 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 12 economic burdens, or a significant disruption or delay of the litigation, a Party does 13 not waive its right to challenge a confidentiality designation by electing not to mount 14 a challenge promptly after the original designation is disclosed. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 resolution process by providing written notice of each designation it is challenging 17 and describing the basis for each challenge. To avoid ambiguity as to whether a 18 challenge has been made, the written notice must recite that the challenge to 19 confidentiality is being made in accordance with this specific paragraph of the 20 Protective Order as well as Local Rule 37. The parties shall attempt to resolve each 21 challenge in good faith and must begin the process by conferring directly (in voice to 22 voice dialogue; other forms of communication are not sufficient) within 14 days of 23 the date of service of notice. In conferring, the Challenging Party must explain the 24 basis for its belief that the confidentiality designation was not proper and must give 25 the Designating Party an opportunity to review the designated material, to reconsider 26 the circumstances, and, if no change in designation is offered, to explain the basis for 27 the chosen designation. A Challenging Party may proceed to the next stage of the 28 challenge process only if it has engaged in this meet and confer process first or 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 establishes that the Designating Party is unwilling to participate in the meet and 2 confer process in a timely manner. 6.3 3 Judicial Intervention. If the Parties cannot resolve a challenge without 4 court intervention, the Designating Party shall file and serve a motion to retain 5 confidentiality under Local Rule 37 (and in compliance with Local Rule 79-5, if 6 applicable) in compliance with its timing provisions. 7 Each such motion must be accompanied by a competent declaration affirming that 8 the movant has complied with the meet and confer requirements imposed in the 9 preceding paragraph and in Local Rule 37. Failure by the Designating Party to 10 timely make such a motion shall automatically waive the confidentiality designation 11 for each challenged designation. In addition, the Challenging Party may file a 12 motion challenging a confidentiality designation at any time consistent with the 13 Court’s scheduling order if there is good cause for doing so, including a challenge to 14 the designation of a deposition transcript or any portions thereof. Any motion 15 brought pursuant to this provision must be accompanied by a competent declaration 16 affirming that the movant has complied with the meet and confer requirements 17 imposed by the preceding paragraph. All such motions must be filed in strict 18 compliance with Local Rule 37. The burden of persuasion in any such challenge proceeding shall be on the 19 20 Designating Party. Frivolous challenges, and those made for an improper purpose 21 (e.g., to harass or impose unnecessary expenses and burdens on other parties), may 22 expose the Challenging Party to sanctions. Unless the Designating Party has waived 23 the confidentiality designation by failing to file a motion to retain confidentiality as 24 described above, all parties shall continue to afford the material in question the level 25 of protection to which it is entitled under the Producing Party’s designation until the 26 court rules on the challenge. 27 /// 28 /// 7 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 case only for prosecuting, defending, or attempting to settle this litigation. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the litigation has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 17 employees of said Outside Counsel of Record to whom it is reasonably necessary to 18 disclose the information for this litigation and who have signed the 19 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 20 Exhibit A; 21 (b) the officers, directors, and employees (including House Counsel) of the 22 Receiving Party to whom disclosure is reasonably necessary for this litigation and 23 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this litigation and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 8 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 (e) court reporters and their staff, professional jury or trial consultants, mock 2 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 3 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A); 5 (f) during their depositions, witnesses in the action to whom disclosure is 6 reasonably necessary and who have signed the “Acknowledgment and Agreement to 7 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 8 by the court. Pages of transcribed deposition testimony or exhibits to depositions 9 that reveal Protected Material must be separately bound by the court reporter and 10 may not be disclosed to anyone except as permitted under this Stipulated Protective 11 Order. 12 13 14 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 15 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 16 in writing by the Designating Party, a Receiving Party may disclose any information 17 or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 18 only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 20 as employees of said Outside Counsel of Record to whom it is reasonably necessary 21 to disclose the information for this litigation and who have signed the 22 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 23 Exhibit A; 24 (b) the court and its personnel; 25 (c) court reporters and their staff and Professional Vendors to whom 26 disclosure is reasonably necessary for this litigation and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 28 9 [PROPOSED] STIPULATED PROTECTIVE ORDER (d) the author or recipient of a document containing the information or a 1 2 custodian or other person who otherwise possessed or knew the information. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 4 OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this action as 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 8 ONLY,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall 9 10 include a copy of the subpoena or court order; 11 (b) promptly notify in writing the party who caused the subpoena or order to 12 issue in the other litigation that some or all of the material covered by the subpoena 13 or order is subject to this Protective Order. Such notification shall include a copy of 14 this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued 15 16 by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 17 18 the subpoena or court order shall not produce any information designated in this 19 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” before a determination by the court from which the subpoena or order 21 issued, unless the Party has obtained the Designating Party’s permission or a court so 22 orders. The Designating Party shall bear the burden and expense of seeking 23 protection in that court of its confidential material – and nothing in these provisions 24 should be construed as authorizing or encouraging a Receiving Party in this action to 25 disobey a lawful directive from another court. 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 28 (a) The terms of this Order are applicable to information produced by a 10 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 3 Non-Parties in connection with this litigation is protected by the remedies and relief 4 provided by this Order. Nothing in these provisions should be construed as 5 prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to 6 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 10 11 that some or all of the information requested is subject to a confidentiality agreement 12 with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 13 14 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and (3) make the information requested available for inspection by the 16 17 Non-Party. (c) If the Non-Party fails to object or seek a protective order from this court 18 19 within 14 days of receiving the notice and accompanying information, the Receiving 20 Party may produce the Non-Party’s confidential information responsive to the 21 discovery request. If the Non-Party timely seeks a protective order, the Receiving 22 Party shall not produce any information in its possession or control that is subject to 23 the confidentiality agreement with the Non-Party before a determination by the 24 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 10. 27 28 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 11 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. 7 11. 8 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain 9 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 13 may be established in an e-discovery order that provides for production without prior 14 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 15 parties reach an agreement on the effect of disclosure of a communication or 16 information covered by the attorney-client privilege or work product protection, the 17 parties may incorporate their agreement in the stipulated protective order submitted 18 to the court if the Court so approves. 19 12. 20 21 22 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. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 23 Protective Order no Party waives any right it otherwise would have to object to 24 disclosing or producing any information or item on any ground not addressed in this 25 Stipulated Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective Order. 27 12.3 Filing Protected Material. Without written permission from the 28 Designating Party or a court order secured after appropriate notice to all interested 12 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 persons, a Party may not file in the public record in this action any Protected 2 Material. A Party that seeks to file under seal any Protected Material must comply 3 with Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 4 court order authorizing the sealing of the specific Protected Material at issue. 5 Pursuant to Local Rule 79-5, a sealing order will issue only upon a request 6 establishing that the Protected Material at issue is privileged, protectable as a trade 7 secret, or otherwise entitled to protection under the law. If a Receiving Party's 8 Application to file Protected Material under seal pursuant to Local Rule 79-5.2.2(b), 9 supported by a subsequently filed declaration by the Designating Party pursuant to 10 Local Rule 79-5.2.2(b)(i), is denied by the court, then the Receiving Party may file 11 the information in the public record pursuant to Local Rule 79-5.2.2(b)(ii) unless 12 otherwise ordered by the court. 13 13. FINAL DISPOSITION 14 Within 60 days after the final disposition of this action, as defined in 15 paragraph 4, each Receiving Party must return all Protected Material to the 16 Producing Party or destroy such material. As used in this subdivision, “all Protected 17 Material” includes all copies, abstracts, compilations, summaries, and any other 18 format reproducing or capturing any of the Protected Material. Whether the 19 Protected Material is returned or destroyed, the Receiving Party must submit a 20 written certification to the Producing Party (and, if not the same person or entity, to 21 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 22 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 23 that the Receiving Party has not retained any copies, abstracts, compilations, 24 summaries or any other format reproducing or capturing any of the Protected 25 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 26 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 27 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 28 work product, and consultant and expert work product, even if such materials contain 13 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Protected Material. Any such archival copies that contain or constitute Protected 2 Material remain subject to this Protective Order as set forth in Section 4 3 (DURATION). 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 DATED: April 11, 2017 HADSELL STORMER & RENICK, LLP 8 By: 9 10 /s/-Cornelia Dai CORNELIA DAI Attorneys for Plaintiffs 11 12 DATED: April 11, 2017 13 MANATT, PHELPS & PHILLIPS, LLP By: 14 /s/-Craig S. Bloomgarden CRAIG S. BLOOMGARDEN Attorneys for Defendant 15 16 Attestation Regarding Signatures: 17 18 19 I, Cornelia Dai, 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. 20 By: 21 /s/-Cornelia Dai CORNELIA DAI 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 25 26 27 DATED: April 13, 2017 ____________________________________ HON. JEAN P. ROSENBLUTH United States Magistrate Judge 28 14 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on ____________[date] in the case of MORRIS, et al. v. CALIFORNIA 8 PHYSICIANS’ SERVICE dba BLUE SHIELD OF CALIFORNIA, Case No. 9 2:16-cv-5914 JAK (JPRx). I agree to comply with and to be bound by all the terms 10 of this Stipulated Protective Order and I understand and acknowledge that failure to 11 so comply could expose me to sanctions and punishment in the nature of contempt. 12 I solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 ___________________________________ [print or type full address and telephone 21 number] as my California agent for service of process in connection with this action 22 or any proceedings related to enforcement of this Stipulated Protective Order. 23 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 27 Printed name: _______________________________ 28 Signature: __________________________________ 15 [PROPOSED] STIPULATED PROTECTIVE ORDER

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