IV Solutions, Inc. v. Cobham Management Services, Inc.

Filing 43

STIPULATED PROTECTIVE ORDER by Magistrate Judge Patrick J. Walsh. re Stipulation for Protective Order 42 . (sbou)

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1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 WESTERN DIVISION 16 17 18 IV SOLUTIONS, INC., a California corporation, Plaintiff, 19 20 21 22 23 v. COBHAM MANAGEMENT SERVICES, INC., a Delaware corporation, Case No. 2:16-cv-06462 FMO (PJWx) Honorable Fernando M. Olguin STIPULATED PROTECTIVE ORDER Complaint Served: Trial Date: Sept. 19, 2016 March 13, 2018 Defendant. 24 25 26 27 28 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 1. INTRODUCTION 2 1.1 3 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 enter the following Stipulated Protective Order. The parties acknowledge that this 8 Order does not confer blanket protections on all disclosures or responses to 9 discovery and that the protection it affords from public disclosure and use extends 10 only to the limited information or items that are entitled to confidential treatment 11 under the applicable legal principles. The parties further acknowledge, as set forth 12 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 13 file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when a 15 party seeks permission from the court to file material under seal. 16 1.2 GOOD CAUSE STATEMENT 17 This case involves allegations by Plaintiff IV Solutions, Inc. (“IVS”) 18 that defendant Cobham Management Services, Inc. (“Cobham”) failed to pay IVS 19 its full billed charges for medical services provided by IVS to Cobham’s member 20 “G.D.” (whose identity is protected herein from disclosure). Discovery in this case 21 will naturally contain information regarding G.D., G.D.’s medical condition, and 22 medical services provided by IVS to G.D., all of which is protected by the Health 23 Insurance Portability and Accountability Act (“HIPAA”). The parties must ensure 24 this information is kept confidential. Discovery in this case is also likely to seek 25 production of information regarding the parties’ trade secret, privileged, proprietary 26 or confidential information, including, without limitation, the sources of certain 27 drugs provided to G.D. for his treatment and the prices paid for such drugs. 28 /// -1- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 2 3 4 5 6 2. DEFINITIONS 2.1 Action: IV Solutions, Inc. v. Cobham Management Services, Inc., case number 2:16-cv-06462 FMO (PJWx). 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information 7 (regardless of how it is generated, stored or maintained) or tangible things that 8 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 9 above in the Good Cause Statement. 10 2.4 “HIGHLY CONFIDENTIAL” Information or Items: any 11 Confidential information that any Party determines in good faith is particularly 12 sensitive, confidential, personal, and/or private, and/or the disclosure of which to 13 persons other than those set forth in Section 7.3 below is reasonably likely to cause 14 serious competitive harm or other harm. 15 16 17 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.6 Designating Party: a Party or Non-Party that designates 18 information or items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 20 2.7 Disclosure or Discovery Material: all items or information, 21 regardless of the medium or manner in which it is generated, stored, or maintained 22 (including, among other things, testimony, transcripts, and tangible things), that are 23 produced or generated in disclosures or responses to discovery in this matter. 24 2.8 Expert: a person with specialized knowledge or experience in a 25 matter pertinent to the litigation who has been retained by a Party or its counsel to 26 serve as an expert witness or as a consultant in this Action. 27 28 2.9 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other -2- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 outside counsel. 2 3 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 4 2.11 Outside Counsel of Record: attorneys who are not employees of 5 a party to this Action but are retained to represent or advise a party to this Action 6 and have appeared in this Action on behalf of that party or are affiliated with a law 7 firm which has appeared on behalf of that party, and includes support staff. 8 9 10 2.12 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 11 12 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 13 2.14 Professional Vendors: persons or entities that provide litigation 14 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 15 demonstrations, and organizing, storing, or retrieving data in any form or medium) 16 and their employees and subcontractors. 17 18 2.15 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 19 2.16 Receiving Party: a Party that receives Disclosure or Discovery 20 Material from a Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or 24 extracted from Protected Material; (2) all copies, excerpts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or 26 presentations by Parties or their Counsel that might reveal Protected Material. 27 28 Any use of Protected Material at trial will be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. -3- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 4. 2 DURATION Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order will remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition will be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 6 with or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 11 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 12 Each Party or Non-Party that designates information or items for protection under 13 this Order must take care to limit any such designation to specific material that 14 qualifies under the appropriate standards. The Designating Party must designate for 15 protection only those parts of material, documents, items, or oral or written 16 communications that qualify so that other portions of the material, documents, 17 items, or communications for which protection is not warranted are not swept 18 unjustifiably within the ambit of this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to 22 impose unnecessary expenses and burdens on other parties) may expose the 23 Designating Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 28 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise -4- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. 4 5 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or trial 7 proceedings), that the Producing Party affix at a minimum, the legend 8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 9 CONFIDENTIAL” (hereinafter “HIGHLY CONFIDENTIAL” legend), to each 10 page that contains protected material. If only a portion or portions of the material on 11 a page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins). 13 A Party or Non-Party that makes original documents available for inspection 14 need not designate them for protection until after the inspecting Party has indicated 15 which documents it would like copied and produced. During the inspection and 16 before the designation, all of the material made available for inspection will be 17 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” as appropriate. 18 After the inspecting Party has identified the documents it wants copied and 19 produced, the Producing Party must determine which documents, or portions 20 thereof, qualify for protection under this Order. Then, before producing the 21 specified documents, the Producing Party must affix the “CONFIDENTIAL” or 22 “HIGHLY CONFIDENTIAL” legend to each page that contains Protected 23 Material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party identify 27 the Disclosure or Discovery Material on the record, before the close of the 28 deposition all protected testimony. -5- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 (c) for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix in a prominent place on 3 the exterior of the container or containers in which the information is stored the 4 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or 5 portions of the information warrants protection, the Producing Party, to the extent 6 practicable, will identify the protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an 8 inadvertent failure to designate qualified information or items does not, standing 9 alone, waive the Designating Party’s right to secure protection under this Order for 10 such material. Upon timely correction of a designation, the Receiving Party must 11 make reasonable efforts to assure that the material is treated in accordance with the 12 provisions of this Order. 13 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party will initiate the dispute 18 resolution process (and, if necessary, file a discovery motion) under Local Rule 19 37.1 et seq. 20 6.3 The burden of persuasion in any such challenge proceeding will 21 be on the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties will 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 /// -6- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 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 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action 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 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 20 21 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the Court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); -7- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 2 3 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 6 will not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material may 10 be separately bound by the court reporter and may not be disclosed to anyone 11 except as permitted under this Stipulated Protective Order; and 12 13 14 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 15 Unless otherwise ordered by the court or permitted in writing by the Designating 16 Party, a Receiving Party may disclose any information or item designated 17 “HIGHLY CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (c) the Court and its personnel; 25 (d) court reporters and their staff; 26 (e) professional jury or trial consultants, mock jurors, and Professional 27 Vendors to whom disclosure is reasonably necessary for this Action and who have 28 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); -8- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 2 (f) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 3 (g) during their depositions, witnesses, and attorneys for witnesses, in the 4 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 6 will not be permitted to keep any confidential information unless they sign the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 8 agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material may 10 be separately bound by the court reporter and may not be disclosed to anyone 11 except as permitted under this Stipulated Protective Order; 12 13 (h) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions; AND 14 (i) designated in-house counsel of the Receiving Party (including in- 15 house counsel’s support staff), provided that (1) the designated-in house counsel 16 has no involvement in competitive decision-making, (2) disclosure to the 17 designated in-house counsel is reasonably necessary for this litigation, (3) the 18 designated in-house counsel has signed the “Acknowledgement And Agreement To 19 Be Bound” (Exhibit A), and (4) the designated in-house counsel is a licensed 20 attorney admitted to practice law in at least one state of the United States or the 21 District of Columbia (or, in the case of in-house counsel’s support staff, that the 22 support staff is subject to the direct supervision of a licensed attorney, and the 23 licensed attorney is not Outside Counsel of Record). 24 8. 25 IN OTHER LITIGATION 26 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 28 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL” that Party must: -9- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 2 (a) promptly notify in writing the Designating Party. Such notification will include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification will include 6 a copy of this Stipulated Protective Order; and 7 8 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order will not produce any information designated in this 11 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a 12 determination by the court from which the subpoena or order issued, unless the 13 Party has obtained the Designating Party’s permission. The Designating Party will 14 bear the burden and expense of seeking protection in that court of its confidential 15 material and nothing in these provisions should be construed as authorizing or 16 encouraging a Receiving Party in this Action to disobey a lawful directive from 17 another court. 18 9. 19 PRODUCED IN THIS LITIGATION 20 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 23 this litigation is protected by the remedies and relief provided by this Order. 24 Nothing in these provisions should be construed as prohibiting a Non-Party from 25 seeking additional protections. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 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 -10- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 confidential information, then the Party will: 2 (1) promptly notify in writing the Requesting Party and the Non- 3 Party that some or all of the information requested is subject to a confidentiality 4 agreement with a Non-Party; 5 (2) promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this Action, the relevant discovery request(s), and a reasonably 7 specific description of the information requested; and 8 9 (3) make the information requested available for inspection by the Non-Party, if requested. 10 (c) If the Non-Party fails to seek a protective order from this court within 11 14 days of receiving the notice and accompanying information, the Receiving Party 12 may produce the Non-Party’s confidential information responsive to the discovery 13 request. If the Non-Party timely seeks a protective order, the Receiving Party will 14 not produce any information in its possession or control that is subject to the 15 confidentiality agreement with the Non-Party before a determination by the court. 16 Absent a court order to the contrary, the Non-Party will bear the burden and 17 expense of seeking protection in this court of its Protected Material. 18 10. 19 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 22 writing the Designating Party of the unauthorized disclosures, (b) use its best 23 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 24 person or persons to whom unauthorized disclosures were made of all the terms of 25 this Order, and (d) request such person or persons to execute the “Acknowledgment 26 and Agreement to Be Bound” that is attached hereto as Exhibit A. 27 /// 28 /// -11- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 11. 2 PROTECTED MATERIAL 3 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE (a) When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other 5 protection, the obligations of the Receiving Parties are those set forth in Federal 6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order that provides for 8 production without prior privilege review. 9 12. 10 11 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 12.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in 15 this Stipulated Protective Order. Similarly, no Party waives any right to object on 16 any ground to use in evidence of any of the material covered by this Protective 17 Order. 18 12.3 Filing Protected Material. A Party that seeks to file under seal any 19 Protected Material must comply with Civil Local Rule 79-5. Protected Material 20 may only be filed under seal pursuant to a court order authorizing the sealing of the 21 specific Protected Material at issue. If a Party's request to file Protected Material 22 under seal is denied by the court, then the Receiving Party may file the information 23 in the public record unless otherwise instructed by the court. 24 13. 25 FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 26 days of a written request by the Designating Party, each Receiving Party must 27 return all Protected Material to the Producing Party or destroy such material. As 28 used in this subdivision, “all Protected Material” includes all copies, abstracts, -12- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 compilations, summaries, and any other format reproducing or capturing any of the 2 Protected Material. Whether the Protected Material is returned or destroyed, the 3 Receiving Party must submit a written certification to the Producing Party (and, if 4 not the same person or entity, to the Designating Party) by the 60 day deadline that 5 (1) identifies (by category, where appropriate) all the Protected Material that was 6 returned or destroyed and (2) affirms that the Receiving Party has not retained any 7 copies, abstracts, compilations, summaries or any other format reproducing or 8 capturing any of the Protected Material. Notwithstanding this provision, Counsel 9 are entitled to retain an archival copy of all pleadings, motion papers, trial, 10 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 11 and trial exhibits, expert reports, attorney work product, and consultant and expert 12 work product, even if such materials contain Protected Material. Any such archival 13 copies that contain or constitute Protected Material remain subject to this Protective 14 Order as set forth in Section 4 (DURATION). 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -13- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 2 14. WILLFUL VIOLATIONS Any willful violation of this Order may be punished by civil or criminal 3 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 4 authorities, or other appropriate action at the discretion of the Court. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 8 DATED: July 28, 2017 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP 9 10 By 11 12 /s/ Eric Levinard Marc E. Rohatiner Eric Levinard Attorneys for Plaintiff IV Solutions, Inc. 13 14 DATED: July 28, 2017 CROWELL & MORING LLP 15 By 16 17 18 19 /s/ Andrew Holmer Jennifer S. Romano Daniel M. Glassman Andrew Holmer Attorneys for Defendant Cobham Management Services, Inc. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 24 DATED: July 31, 2017 ________________________________ HON. PATRICK J. WALSH United States Magistrate Judge 25 26 27 28 -14- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on [_____] in the case of IV 8 Solutions, Inc. v. Cobham Management Services, Inc., case number 2:16-cv-06462 9 FMO (PJWx). I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 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. I hereby appoint __________________________ [full 19 name] of _______________________________________ [full address and 20 telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 Date: ______________________________________ 24 City and State where signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ -15- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX) 1 CERTIFICATION 2 I, ANDREW HOLMER, am an attorney in the law firm of Crowell & 3 Moring LLP, counsel of record for Defendant Cobham Management Services, Inc. 4 Under C.D. Cal. Local Rule 5-4.3.4(a)(2)(i), I hereby attest that all other 5 signatories on whose behalf this filing is submitted concur in the filing’s content 6 and have authorized the filing. 7 8 Dated: July 28, 2017 CROWELL & MORING LLP 9 /s/ Andrew Holmer Jennifer S. Romano Daniel M. Glassman Andrew Holmer 10 11 12 Attorneys for Defendant Cobham Management Services, Inc. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-06462 FMO (PJWX)

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