Prime Healthcare Huntington Beach, LLC v. Sylvia Mathews Burwell
Filing
35
STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 31 . (See Order for Further Details) (kl)
Troy A. Schell, Esq. (SBN 208661)
Bryan Wong, Esq. (SBN 205573)
rd
2 3300 East Guasti Road, 3 Floor
Ontario, California 91761
3 Telephone: (909) 235-4400
Facsimile: (909) 235-4419
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Attorneys for Prime Healthcare Huntington Beach, LLC, a Delaware limited
5 liability company doing business as Huntington Beach Hospital
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Sandra R. Brown
Acting United States Attorney
Dorothy A. Schouten, AUSA
Chief, Civil Division
David K. Barrett, AUSA
Chief, Civil Fraud Section
Linda A. Kontos, AUSA
Deputy Chief, Civil Fraud Section
Lynn Healey Scaduto, AUSA (SBN 205291)
Room 7516, Federal Building
300 North Los Angeles Street
Los Angeles, California 90012
Phone: (213) 894-7395
Facsimile: (213) 894-7819
13
Attorneys for Defendant Thomas E. Price, M.D., in his official capacity as
14 Secretary of the Department of Health and Human Services
15
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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Prime Healthcare Huntington Beach, ) Case No. 16-cv-08102-PA
LLC, a limited liability company
)
doing business as Huntington Beach )
Hospital,
)
)
Plaintiff
)
vs.
) STIPULATED PROTECTIVE
) ORDER
Thomas E. Price, in his official
)
capacity as Secretary of the
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Department of Health and Human )
Services,
)
)
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Defendant.
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)
)
)
1
STIPULATED PROTECTIVE ORDER
1
IT IS HEREBY STIPULATED by and between counsel for the plaintiff
2
Prime Healthcare Huntington Beach, LLC, doing business as Huntington Beach
3
Hospital( “Plaintiff”), and defendant Thomas E. Price, M.D., in his official
4
capacity as Secretary of the Department of Health and Human Services (the
5
“Defendant”), (Collectively, the “Parties”) , that during the pre-trial stage of the
6
above-captioned cases (the “Litigation”) the following Protective Order (the
7
“Order”) shall govern the handling of Confidential Information received through
8
discovery, or the voluntary exchange of information, (“Discovery Material”) in the
9
Litigation. It is the intent of the Parties to seek Court approval of this Stipulation
10
after the appearance of Defendant in these actions, if such appearance becomes
11
necessary. Until such time as Court approval is obtained, if ever, this Stipulation
12
shall constitute a binding agreement between the Parties as to the handling of
13
Confidential Information. The handling of Confidential Information during trial
14
shall be governed by a subsequent order.
15
1.1
16
Discovery in this action is likely to involve production of confidential, proprietary,
17
or private information for which special protection from public disclosure and from
18
use for any purpose other than prosecuting and defending this litigation may be
19
warranted. Accordingly, the parties hereby stipulate to and petition the Court to
20
enter the following Stipulated Protective Order. The parties acknowledge that this
21
Order does not confer blanket protections on all disclosures or responses to
22
discovery and that the protection it affords from public disclosure and use extends
23
only to the limited information or items that are entitled to confidential treatment
24
under the applicable legal principles. The parties further acknowledge, as set forth
25
in Section 12.3, below, that this Stipulated Protective Order does not entitle them
26
to file confidential information under seal; Civil Local Rule 79-5 sets forth the
27
procedures that must be followed and the standards that will be applied when a
28
party seeks permission from the court to file material under seal.
PURPOSES AND LIMITATIONS
2
STIPULATED PROTECTIVE ORDER
1
Nothing in this Protective Order supersedes existing independent statutory, law
2
enforcement, national security, or regulatory obligations imposed on a party, and
3
this Stipulated Protective Order does not prohibit or absolve the parties from
4
complying with such other obligations.
5
1.2
6
This action is likely to involve information and documents which may be subject to
7
limitations on disclosure due to federal laws, state laws, privileges and/or privacy
8
rights concerning the disclosure of confidential medical information, trade secrets,
9
or proprietary information. Accordingly, to expedite the flow of information, to
10
facilitate the prompt resolution of disputes over confidentiality of discovery
11
materials, to adequately protect information the parties are entitled to keep
12
confidential, to ensure that the parties are permitted reasonable necessary uses of
13
such material in preparation for and in the conduct of trial, to address their
14
handling at the end of the litigation, and to serve the ends of justice, a protective
15
order for such information is justified in this matter. It is the intent of the parties
16
that information will not be designated as confidential for tactical reasons and that
17
nothing be so designated without a good faith belief that it has been maintained in
18
a confidential, non-public manner, and there is good cause why it should not be
19
part of the public record of this case.
20
1.3
GOOD CAUSE STATEMENT
CONFIDENTIAL HEALTH INFORMATION
21
This action involves documents and information that are likely to contain
22
certain individually identifiable health information (defined as health information
23
that is connected to a patient’s name, address, social security number or other
24
identifying number). Information produced may be subject to the provisions of the
25
Privacy Act (5 U.S.C. § 552a), the HIPAA Privacy and Security Rule (45 C.F.R.
26
Parts 160, 162, 164), or the provisions of 42 U.S.C. § 1306, or there may be no
27
waiver by the patient to produce the records to any entity outside the requested or
28
subpoenaed person. The Producing Party may produce the information in an
3
STIPULATED PROTECTIVE ORDER
1
unredacted form and shall designate this information as confidential in the manner
2
set forth in paragraph 5 below. All Parties receiving this designated information
3
shall not file these documents or information, submit them to the Court, or
4
reproduce their contents in any court filing unless the information is placed under
5
seal or all information that would identify the subject of the document or
6
information has been removed or redacted.
7
2.
DEFINITIONS
8
2.1
Action: This pending federal law suit.
9
2.2
Challenging Party: A Party or Non-Party that challenges the designation of
10
information or items under this Order.
11
2.3
12
(regardless of how it is generated, stored or maintained) or tangible things that
13
qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
14
above in the Good Cause Statement and description of Confidential Health
15
Information.
16
2.4
17
Counsel of record, as well as counsel’s support staff.
18
2.5
19
items that it produces in disclosures or in responses to discovery as
20
“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION.”
21
2.6
22
medium or manner in which it is generated, stored, or maintained (including,
23
among other things, testimony, transcripts, and tangible things), that are produced
24
or generated in disclosures or responses to discovery in this matter.
25
2.7
26
pertinent to the litigation who has been retained by a Party or its counsel to serve
27
as an expert witness or as a consultant in this Action.
28
2.8
“Confidential”
or
‘Confidential
Health
Information”:
Information
Counsel: Government counsel, Plaintiff’s In-house counsel and any Outside
Designating Party: A Party or Non-Party that designates information or
Disclosure or Discovery Material: All items or information, regardless of the
Expert: A person with specialized knowledge or experience in a matter
In-House Counsel: Attorneys who are employees of a Party to this Action.
4
STIPULATED PROTECTIVE ORDER
1
In-House Counsel does not include Outside Counsel of Record or any other outside
2
counsel.
3
2.9
4
other legal entity not named as a Party to this action.
5
2.10 Outside Counsel of Record: Attorneys who are not employees of a Party to
6
this Action but are retained to represent or advise a party to this Action and have
7
appeared in this Action on behalf of that Party or are affiliated with a law firm
8
which has appeared on behalf of that Party, and includes support staff.
9
2.11 Party: Any party to this Action, including all of its officers, directors,
10
employees, consultants, retained experts, and Outside Counsel of Record (and their
11
support staffs).
12
2.12 Producing Party: A Party or Non-Party that produces Disclosure or
13
Discovery Material in this Action.
14
2.13 Professional Vendors: Persons or entities that provide litigation support
15
services (e.g., photocopying, videotaping, translating, preparing exhibits or
16
demonstrations, and organizing, storing, or retrieving data in any form or medium)
17
and their employees and subcontractors.
18
2.14 Protected Material: Any Disclosure or Discovery Material that is designated
19
by
20
INFORMATION.”
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2.15 Receiving Party: A Party that receives Disclosure or Discovery Material
22
from a Producing Party.
23
3.
24
The protections conferred by this Stipulation and Order cover not only Protected
25
Material (as defined above), but also (1) any information copied or extracted from
26
Protected Material; (2) all copies, excerpts, summaries, or compilations of
27
Protected Material; and (3) any testimony, conversations, or presentations by
28
Parties or their Counsel that might reveal Protected Material.
Non-Party: Any natural person, partnership, corporation, association, or
a
party
as
“CONFIDENTIAL”
or
“CONFIDENTIAL
HEALTH
SCOPE
5
STIPULATED PROTECTIVE ORDER
1
Any use of Protected Material at trial shall be governed by the orders of the trial
2
judge. This Order does not govern the use of Protected Material at trial.
3
4.
DURATION
4
Even after final disposition of this litigation, the confidentiality obligations
5
imposed by this Order shall remain in effect until a Designating Party agrees
6
otherwise in writing or a court order otherwise directs. Final disposition shall be
7
deemed to be the later of (1) dismissal of all claims and defenses in this Action,
8
with or without prejudice; and (2) final judgment herein after the completion and
9
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
10
including the time limits for filing any motions or applications for extension of
11
time pursuant to applicable law.
12
5.
DESIGNATING PROTECTED MATERIAL
13
5.1
Exercise of Restraint and Care in Designating Material for Protection.
14
Each Party or Non-Party that designates information or items for protection under
15
this Order must take care to limit any such designation to specific material that
16
qualifies under the appropriate standards. The Designating Party must designate for
17
protection only those parts of material, documents, items, or oral or written
18
communications that qualify so that other portions of the material, documents,
19
items, or communications for which protection is not warranted are not swept
20
unjustifiably within the ambit of this Order.
21
Mass, indiscriminate, or routinized designations are prohibited. Designations that
22
are shown to be clearly unjustified or that have been made for an improper purpose
23
(e.g., to unnecessarily encumber the case development process or to impose
24
unnecessary expenses and burdens on other parties) may expose the Designating
25
Party to sanctions.
26
If it comes to a Designating Party’s attention that information or items that it
27
designated for protection do not qualify for protection, that Designating Party must
28
promptly notify all other Parties that it is withdrawing the inapplicable designation.
6
STIPULATED PROTECTIVE ORDER
1
5.2
Manner and Timing of Designations. Except as otherwise provided in this
2
Order (see, e.g., section 5.2(b) below), or as otherwise stipulated or ordered,
3
Disclosure or Discovery Material that qualifies for protection under this Order
4
must be clearly so designated before the material is disclosed or produced.
5
Designation in conformity with this Order requires:
6
(a)
7
but excluding electronic information produced in native form or in a format that is
8
not amenable to visible endorsement on the image, and also excluding transcripts
9
of depositions or other pretrial or trial proceedings), that the Producing Party affix
For information in documentary form (e.g., paper or electronic documents,
10
the
legend
“CONFIDENTIAL”
or
“CONFIDENTIAL
HEALTH
11
INFORMATION” to each page of the document that contains protected material.
12
If only a portion or portions of the material on a page qualifies for protection, the
13
Producing Party also must clearly identify the protected portion(s) (e.g., by making
14
appropriate markings in the margins).
15
(b)
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not amenable to visible endorsement on the image, the file name(s) shall begin
17
with “CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION.”1
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The media on which the Protected Material is provided (e.g., CD, DVD, external
19
hard drive) also must be and remain plainly labeled with “CONFIDENTIAL –
20
SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL HEALTH
21
INFORMATION” unless and until the protection of the data within the media is
22
removed. Any copying or transferring of electronic files that are designated as
23
Protected Material must be done in a manner that maintains the protection for all
24
copies, including, but not limited to, maintaining the protection in the filename(s)
25
and the location where the copies are stored and the location where the users
26
access the information.
For electronic information that is provided in native form or a format that is
27
1
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The original metadata of the native files shall be retained pursuant to the Parties’ agreed upon
ESI protocols.
7
STIPULATED PROTECTIVE ORDER
1
(c)
2
need not designate them for protection until after the inspecting Party has indicated
3
which documents it would like copied and produced. During the inspection and
4
before the designation, all of the material made available for inspection shall be
5
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
6
documents it wants copied and produced, the Producing Party must determine
7
which documents qualify for protection under this Order. Then, before producing
8
the specified documents, the Producing Party must affix the “CONFIDENTIAL or
9
CONFIDENTIAL HEALTH INFORMATION legend” to each page of the
10
document that contains Protected Material. If only a portion or portions of the
11
material on a page qualifies for protection, the Producing Party also must clearly
12
identify the protected portion(s) (e.g., by making appropriate markings in the
13
margins).
14
designated for copying include materials produced in native file format, or that are
15
in a format that is not amenable to visible endorsement on the image, the
16
Producing Party shall comply with the direction in subparagraph (b) of this
17
Paragraph regarding their production.
18
A Party or Non-Party that makes original documents available for inspection
(d)
If the original documents made available for inspection that are
For testimony given in depositions that the Designating Party identify
19
the Disclosure or Discovery Material on the record, or by letter from counsel
20
within thirty days of receipt of the official deposition transcript or copy thereof (or
21
written notification that the transcript is available), listing the specific pages and
22
lines of the transcript and any exhibits that should be treated as Protected Material.
23
The entire deposition transcript (including any exhibits not previously produced in
24
discovery in this Action) shall be treated as Protected Material under this Order
25
until the expiration of the above-referenced 30-day period for designation, except
26
that the deponent (and his or her counsel, if any) may review the transcript of his or
27
her own deposition during the 30-day period subject to this Order and the
28
requirement of executing the certification attached as Exhibit A. After designation
8
STIPULATED PROTECTIVE ORDER
1
of Protected Material is made, the following shall be placed on the front of the
2
original and each copy of a deposition transcript containing Protected Material:
3
“CONFIDENTIAL
4
“CONFIDENTIAL HEALTH INFORMATION.” If the deposition was filmed,
5
both the recording storage medium (i.e. CD or DVD) and its container shall be
6
labeled “CONFIDENTIAL – SUBJECT TO PROTECIVE ORDER” or
7
“CONFIDENTIAL HEALTH INFORMATION.”
8
(e)
9
any other tangible items, that the Producing Party affix in a prominent place on the
10
exterior of the container or containers in which the information is stored the legend
11
“CONFIDENTIAL
12
“CONFIDENTIAL HEALTH INFORMATION.” If only a portion or portions of
13
the information warrants protection, the Producing Party, to the extent practicable,
14
shall identify the protected portion(s).
SUBJECT
TO
PROTECTIVE
ORDER”
or
For information produced in some form other than documentary and for
(f)
15
–
–
SUBJECT
TO
PROTECTIVE
ORDER”
or
For interrogatory answers and responses to requests for admissions,
16
designation of Protected Material shall be made by placing within each
17
interrogatory answer or response to requests for admission asserted to contain
18
Protected Material the following:
19
PROTECTIVE ORDER” or ‘CONFIDENTIAL HEALTH INFORMATION.”
20
5.3
21
to designate qualified information or items does not, standing alone, waive the
22
Designating Party’s right to secure protection under this Order for such material.
23
Upon timely correction of a designation, the Receiving Party must make
24
reasonable efforts to assure that the material is treated in accordance with the
25
provisions of this Order.
“CONFIDENTIAL – SUBJECT TO
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
26
27
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
28
6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation
9
STIPULATED PROTECTIVE ORDER
1
of confidentiality at any time that is consistent with the Court’s Scheduling Order.
2
6.2
3
process under Local Rule 37.1 et seq.
4
6.3
5
Designating Party. Frivolous challenges, and those made for an improper purpose
6
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
7
expose the Challenging Party to sanctions. Unless the Designating Party has
8
waived or withdrawn the confidentiality designation, all parties shall continue to
9
afford the material in question the level of protection to which it is entitled under
Meet and Confer. The Challenging Party shall initiate the dispute resolution
The burden of persuasion in any such challenge proceeding shall be on the
10
the Producing Party’s designation until the Court rules on the challenge.
11
6.4 After a designation as Protected Material is removed or withdrawn by the
12
Designating Party or by the Court, the Designating Party must provide to the
13
Receiving Party replacement documents, files, or information that is free from any
14
marking is or designations as Protected Material. The replacement versions shall
15
be provided in the same format as the information that is to be replaced, unless
16
otherwise agreed to by the Parties.
17
replacement information shall be ten days, but the Designating Party must in good
18
faith provide the information in a reasonable time, considering any agreements
19
with the Receiving Party, the volume of information to be re-produced, and the
20
nature or format of the information.
21
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
22
7.1
Basic Principles. A Receiving Party may use Protected Material that is
23
disclosed or produced by another Party or by a Non-Party in connection with this
24
Action only for prosecuting, defending, or attempting to settle this Action. Such
25
Protected Material may be disclosed only to the categories of persons and under
26
the conditions described in this Order. When the Action has been terminated, a
27
Receiving Party must comply with the provisions of section 13 regarding Final
28
Disposition below.
The presumptive time for providing the
10
STIPULATED PROTECTIVE ORDER
1
Protected Material must be stored and maintained by a Receiving Party at a
2
location and in a secure manner that ensures that access is limited to the persons
3
authorized under this Order.
4
7.2
5
INFORMATION” Information or Items. Unless otherwise ordered by the court or
6
permitted in writing by the Designating Party, a Receiving Party may disclose any
7
information or item designated “CONFIDENTIAL” or “CONFIDENTIAL
8
HEALTH INFORMATION” only to:
Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL HEALTH
9
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
10
employees of said Outside Counsel of Record to whom it is reasonably necessary
11
to disclose the information for this Action;
12
(b) the officers, directors, and employees (including In-house Counsel) of the
13
Receiving Party to whom disclosure is reasonably necessary for this Action and
14
who have received a copy of this Order and signed the “Acknowledgment and
15
Agreement to Be Bound” form attached as Exhibit A;
16
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
17
reasonably necessary for this Action and who received a copy of this Order and
18
signed the “Acknowledgment and Agreement to Be Bound” form attached as
19
Exhibit A;
20
(d) the court and its personnel;
21
(e) court reporters and their staff;
22
(f) professional jury or trial consultants, mock jurors, and Professional Vendors, to
23
whom disclosure is reasonably necessary for this Action and who have received a
24
copy of this Order and signed the “Acknowledgment and Agreement to Be Bound”
25
form attached as Exhibit A;
26
(g) witnesses and potential witnesses, including their counsel, provided each such
27
person first receives a copy of this Order and signs the “Acknowledgment and
28
Agreement to Be Bound” form attached as Exhibit A;
11
STIPULATED PROTECTIVE ORDER
1
(h) during their depositions, witnesses, and attorneys for witnesses, in the Action
2
to whom disclosure is reasonably necessary provided that (1) the deposing party
3
provides the witness with a copy of this Order and requests that the witness signs
4
the “Acknowledgment and Agreement to Be Bound” form attached as Exhibit A;
5
and (2) the witness will not be permitted to keep any Protected Material unless
6
they sign the “Acknowledgment and Agreement to Be Bound” attached as Exhibit
7
A, unless otherwise agreed by the Designating Party or ordered by the court. Pages
8
of transcribed deposition testimony or exhibits to depositions that reveal Protected
9
Material may be separately bound by the court reporter and may not be disclosed
10
to anyone except as permitted under this Order; and
11
(i) any mediator, arbitrator or settlement officer, and their supporting personnel,
12
mutually agreed upon by any of the parties engaged in settlement discussions.
13
8.
14
PRODUCEDIN OTHER LITIGATION
15
If a Party is served with a subpoena or a court order issued in other litigation that
16
compels disclosure of any information or items designated in this Action as
17
“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION” that Party
18
must:
19
(a)
20
include a copy of the subpoena or court order;
21
(b) promptly notify in writing the party who caused the subpoena or order to issue
22
in the other litigation that some or all of the material covered by the subpoena or
23
order is subject to this Protective Order. Such notification shall include a copy of
24
this Stipulated Protective Order; and
25
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
26
Designating Party whose Protected Material may be affected.
27
If the Designating Party timely seeks a protective order, the Party served with the
28
subpoena or court order shall not produce any information designated in this action
PROTECTED
MATERIAL
SUBPOENAED
OR
ORDERED
promptly notify in writing the Designating Party. Such notification shall
12
STIPULATED PROTECTIVE ORDER
1
as “CONFIDENTIAL,” or “CONFIDENTIAL HEALTH INFORMATION” before
2
a determination by the court from which the subpoena or order issued, unless the
3
Party has obtained the Designating Party’s permission. Absent a court order to the
4
contrary, the Designating Party shall bear the burden and expense of seeking
5
protection in that court of its confidential material and nothing in these provisions
6
should be construed as authorizing or encouraging a Receiving Party in this Action
7
to disobey a lawful directive from another court.
8
9.
9
PRODUCED IN THIS LITIGATION
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
10
(a) The terms of this Order are applicable to information produced by a Non-Party
11
in connection with this Action, including the United States’ investigation of
12
Relator’s allegations, and designated as “CONFIDENTIAL” or “CONFIDENTIAL
13
HEALTH INFORMATION”. Such information produced by Non-Parties in
14
connection with this litigation is protected by the remedies and relief provided by
15
this Order. Nothing in these provisions should be construed as prohibiting a Non-
16
Party from seeking additional protections.
17
(b) In the event that a Party is required, by a valid discovery request, to produce a
18
Non-Party’s confidential information in its possession, and the Party is subject to
19
an agreement with the Non-Party not to produce the Non-Party’s confidential
20
information, then the Party shall:
21
(1) promptly notify in writing the Requesting Party and the Non-Party that some
22
or all of the information requested is subject to a confidentiality agreement with a
23
Non-Party;
24
(2) promptly provide the Non-Party with a copy of this Order in this Action, the
25
relevant discovery request(s), and a reasonably specific description of the
26
information requested; and
27
(3) make the information requested available for inspection by the Non-Party, if
28
requested.
13
STIPULATED PROTECTIVE ORDER
1
(c) If the Non-Party fails to seek a protective order from this court within 14 days
2
of receiving the notice and accompanying information, the Receiving Party may
3
produce the Non-Party’s Confidential Information responsive to the discovery
4
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
5
not produce any information in its possession or control that is subject to the
6
confidentiality agreement with the Non-Party before a determination by the court.
7
Absent a court order to the contrary, the Non-Party shall bear the burden and
8
expense of seeking protection in this court of its Protected Material.
9
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
10
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
11
Protected Material to any person or in any circumstance not authorized under this
12
Order, the Receiving Party must immediately (a) notify in writing the Designating
13
Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
14
unauthorized copies of the Protected Material, (c) inform the person or persons to
15
whom unauthorized disclosures were made of all the terms of this Order, and (d)
16
request such person or persons to execute the “Acknowledgment and Agreement to
17
Be Bound” form attached as Exhibit A.
18
11.
19
PROTECTED MATERIAL
20
When a Producing Party gives notice to Receiving Parties that certain inadvertently
21
produced material is subject to a claim of privilege or other protection, the
22
obligations of the Receiving Parties are those set forth in Federal Rule of Civil
23
Procedure 26(b)(5)(B). This provision is not intended to modify whatever
24
procedure may be established in an e-discovery order that provides for production
25
without prior privilege review.
26
12.
27
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
28
person to seek its modification by the Court in the future.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
MISCELLANEOUS
14
STIPULATED PROTECTIVE ORDER
1
12.2 Right to Assert Other Objections. By stipulating to the entry of this Order no
2
Party waives any right it otherwise would have to object to disclosing or producing
3
any information or item on any ground not addressed in this Order. Similarly, no
4
Party waives any right to object on any ground to use in evidence of any of the
5
material covered by this Order.
6
12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
7
Material must comply with Civil Local Rule 79-5. Protected Material may only be
8
filed under seal pursuant to a court order authorizing the sealing of the specific
9
Protected Material at issue. If a Receiving Party intends to file any Protected
10
Material of a Designating Party, it must provide sufficient notice to the
11
Designating Party to allow the Designating Party to timely request to file the
12
Protected Material at issue under seal. If the Designating Party’s request to file
13
Protected Material under seal is denied by the court, then the Receiving Party may
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file the information in the public record unless otherwise instructed by the court.
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13.
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After the final disposition of this Action, as defined in paragraph 4, within 60 days
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of a written request by the Designating Party, each Receiving Party must return all
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Protected Material to the Producing Party or destroy such material. As used in this
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subdivision, “all Protected Material” includes all copies, abstracts, compilations,
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summaries, and any other format reproducing or capturing any of the Protected
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Material. Whether the Protected Material is returned or destroyed, the Receiving
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Party must submit a written certification to the Producing Party (and, if not the
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same person or entity, to the Designating Party) by the 60 day deadline that (1)
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identifies (by category, where appropriate) all the Protected Material that was
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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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are entitled to retain an archival copy of all pleadings, motion papers, trial,
FINAL DISPOSITION
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STIPULATED PROTECTIVE ORDER
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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
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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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Attorney’s Office for the Central District of California, the Civil Division of the
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Department of Justice, and the Office of the Inspector General of the Department
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of Health and Human Services shall each have the right to maintain one copy of
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such documents for their master files.
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14.
The United States
DISCLOSURE TO AGENCIES OR DEPARTMENTS OF THE UNITED
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STATES OR OF THE STATE OF CALIFORNIA
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Nothing contained in this Order shall prevent or in any way limit or impair
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the right of the United States or of the State of California to disclose to any agency
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or department of the United States or of the State of California, or any division of
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any such agency or department, designated confidential documents or
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electronically stored information relating to any potential violation of law or
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regulation, or relating to any matter within that agency’s or department’s
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jurisdiction. Nor shall anything contained in this Order prevent or in any way limit
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or impair the use of any such designated confidential documents or electronically
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stored information by an agency or department in any proceeding relating to any
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potential violation of law or regulation, or relating to any matter within that
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agency’s or department’s jurisdiction, provided, however, that the agency or
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department shall maintain the confidentiality of the designated confidential
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documents or electronically stored information consistent with the terms of this
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Order.
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15.
DISCLOSURES TO THE UNITED STATES CONGRESS
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Nothing contained in this Order shall prevent or in any way limit or impair
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the right of the United States to provide designated confidential documents or
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STIPULATED PROTECTIVE ORDER
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electronically stored information to a Congressional entity, provided, however that
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the United States shall notify the Congressional entity requesting the documents or
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electronically stored information that the designated confidential documents or
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electronically stored information have been produced pursuant to this Order and
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shall, if there are no objections interposed by the Congressional entity requesting
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the documents or electronically stored information, use reasonable efforts to notify
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the Producing Party of the Congressional entity’s request and the United States’
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response thereto.
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16.
Notwithstanding Section 10 of this Order, any violation of this Order may be
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punished by any and all appropriate measures including, without limitation,
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contempt proceedings and/or monetary sanctions.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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TROY A. SCHELL, ESQ.
BRYAN WONG, ESQ.
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Dated: May 22, 2017
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By:
/s/ Bryan Wong
Bryan Wong, Esq.
Attorneys for Plaintiff, Prime Healthcare
Huntington Beach, LLC, dba Huntington Beach
Hospital
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LYNN HEALEY SCADUTO, ESQ.
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Dated: May 22, 2017
By:__/s/ Lynn Healey Scaduto______________
Lynn Healey Scaduto, Esq.
Attorney for Defendant, Thomas E. Price, in his
official capacity
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STIPULATED PROTECTIVE ORDER
ORDER
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GOOD CAUSE APPEARING, IT IS SO ORDERED.
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DATED: May __, 2017
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_____________________________________
HONORABLE ALICIA G. ROSENBERG
United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER
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