Prime Healthcare Services - Montclair, LLC v. Sylvia Mathews Burwell

Filing 34

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 33 . See order for details. (hr)

Troy A. Schell, Esq. (SBN 208661)
Bryan Wong, Esq. (SBN 205573)
rd
2 3300 East Guasti Road, 3 Floor
Ontario, California 91761
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Facsimile: [phone]
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Attorneys for Prime Healthcare Services – Montclair, LLC, dba Montclair Hospital
Medical Center
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
Donald W. Yoo, AUSA (SBN 227679)
Room 7516, Federal Building
300 North Los Angeles Street
Los Angeles, California 90012
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendant Thomas E. Price, M.D., in his official capacity as
Secretary of the Department of Health and Human Services

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Prime Healthcare Services –
Montclair, LLC, a limited liability
19 company doing business as
Montclair Hospital Medical Center,
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vs.

Plaintiff

Thomas E. Price, in his official
capacity as Secretary of the
23 Department of Health and Human
Services,
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Defendant.

) Case No. 17-cv-00659-PA (JCx)
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) STIPULATED PROTECTIVE
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STIPULATED PROTECTIVE ORDER

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IT IS HEREBY STIPULATED by and between counsel for Plaintiff Prime
Healthcare Services – Montclair, LLC, doing business as Montclair Hospital
Medical Center (“Plaintiff”), and Defendant Thomas E. Price,1 sued in his official
capacity as Secretary of the U.S. Department of Health and Human Services
(“Defendant”) (collectively, the “Parties”), that during the pre-trial stage of the
above-captioned case (the “Litigation”) the following Protective Order (the
“Order”) shall govern the handling of Confidential Information received through
discovery, or the voluntary exchange of information, (“Discovery Material”) in the
Litigation.
1.1

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PURPOSES AND LIMITATIONS
Discovery in the Litigation is likely to involve production of confidential,

proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting and defending this
litigation may be warranted. Accordingly, the parties hereby stipulate to and
petition the Court to enter the following Stipulated Protective Order. The parties
acknowledge that this Order does not confer blanket protections on all disclosures
or responses to discovery and that the protection it affords from public disclosure
and use extends only to the limited information or items that are entitled to
confidential treatment under the applicable legal principles. The parties further
acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
Order does not entitle them to file confidential information under seal. Rather,
when the parties seek permission from the court to file materials under seal, the
parties must comply with C.D. Local Rule 79-5 and with any pertinent
orders of the assigned District Judge and Magistrate Judge. See, e.g., Standing

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Pursuant to Fed. R. Civ. Proc. 25(d), Thomas E. Price, who was officially
sworn in as the Secretary of the U.S. Department of Health and Human Services on
27 February 10, 2017, is substituted into this action for defendant Sylvia Mathews
Burwell. See Cheney v. U.S. Dist. Court for D.C., 541 U.S. 913, 917 (2004)
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originally named officer has been replaced.”) (citing Fed. R. Civ. Proc. 25(d)).
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STIPULATED PROTECTIVE ORDER

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Order, ¶ 9 (Docket No. 9). Nothing in this Protective Order supersedes existing
independent statutory, law enforcement, national security, or regulatory obligations
imposed on a party, and this Stipulated Protective Order does not prohibit or
absolve the parties from complying with such other obligations
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GOOD CAUSE STATEMENT
This Litigation is likely to involve information and documents which may be

subject to limitations on disclosure due to federal laws, state laws, privileges
and/or privacy rights concerning the disclosure of confidential medical
information, trade secrets, or proprietary information. Accordingly, to expedite the
flow of information, to facilitate the prompt resolution of disputes over
confidentiality of discovery materials, to adequately protect information the parties
are entitled to keep confidential, to ensure that the parties are permitted reasonable
necessary uses of such material in connection with this action, to address their
handling at the end of the litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter. The parties shall not designate
any information/documents as confidential for tactical reasons or without a good
faith belief that it has been maintained in a confidential, non-public manner, and
there is good cause or compelling reasons why it should not be part of the public
record of this case.
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CONFIDENTIAL HEALTH INFORMATION
This Litigation involves documents and information that are likely to contain

certain individually identifiable health information (defined as health information
that is connected to a patient’s name, address, social security number or other
identifying number). Information produced may be subject to the provisions of the
Privacy Act (5 U.S.C. § 552a), the HIPAA Privacy and Security Rule (45 C.F.R.
Parts 160, 162, 164), or the provisions of 42 U.S.C. § 1306, or there may be no
waiver by the patient to produce the records to any entity outside the requested or

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STIPULATED PROTECTIVE ORDER

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subpoenaed person. The Producing Party may produce the information in an
unredacted form and shall designate this information as confidential in the manner
set forth in paragraph 5 below. All Parties receiving this designated information
shall not file these documents or information, submit them to the Court, or
reproduce their contents in any court filing unless the information is submitted for
filing under seal or all information that would identify the subject of the document
or information has been removed or redacted.
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2.1

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qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement and description of Confidential Health
Information.
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2.5

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

or items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION.”

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Counsel: Government counsel, Relator’s Counsel, Defendants’

Outside Counsel of record and In-house counsel, as well as counsel’s support staff.

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“Confidential” or ‘Confidential Health Information”: Information

(regardless of how it is generated, stored or maintained) or tangible things that

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Challenging Party: A Party or Non-Party that challenges the

designation of information or items under this Order.

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Litigation: This pending federal law suit.

2.2

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DEFINITIONS

2.6

Disclosure or Discovery Material: All items or information, regardless

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

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STIPULATED PROTECTIVE ORDER

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2.7

Expert: A person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its counsel to
serve as an expert witness or as a consultant in this Litigation.
2.8

In-House Counsel: Attorneys who are employees of a Party to this

Litigation. In-House Counsel does not include Outside Counsel of Record or any
other outside counsel.
2.9

Non-Party: Any natural person, partnership, corporation, association,

or other legal entity not named as a Party to this Litigation.
2.10 Outside Counsel of Record: Attorneys who are not employees of a
Party to this Litigation but are retained to represent or advise a party to this
Litigation and have appeared in this Litigation on behalf of that Party or are
affiliated with a law firm which has appeared on behalf of that Party, and includes
support staff.
2.11 Party: Any party to this Litigation, including all of its officers,
directors, employees, consultants, retained experts, and Outside Counsel of Record
(and their support staffs).
2.12 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Litigation.
2.13 Professional Vendors: Persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
2.14 Protected Material: Any Disclosure or Discovery Material that is
designated by a party as “CONFIDENTIAL” or “CONFIDENTIAL HEALTH
INFORMATION.”
2.15 Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.

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STIPULATED PROTECTIVE ORDER

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The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any deposition testimony,
conversations, or presentations by Parties or their Counsel that might reveal
Protected Material, other than during a court hearing or trial.

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Any use of Protected Material during a court hearing or trial shall be
governed by the orders of the presiding judge. This Order does not govern the use
of Protected Material during a court hearing or trial.
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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for
protection only those parts of material, documents, items, or oral or written
communications that qualify so that other portions of the material, documents,
///

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items, or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber the case development process or to
impose unnecessary expenses and burdens on other parties) may expose the
Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., section 5.2(b) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for protection under this Order
must be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a)

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

documents, but excluding electronic information produced in native form or in a
format that is not amenable to visible endorsement on the image, and also
excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL
HEALTH INFORMATION” to each page of the document that contains protected
material. If only a portion or portions of the material on a page qualifies for
protection, the Producing Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins).
(b)

For electronic information that is provided in native form or a

format that is not amenable to visible endorsement on the image, the file name(s)
shall begin with “CONFIDENTIAL” or “CONFIDENTIAL HEALTH

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STIPULATED PROTECTIVE ORDER

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INFORMATION.” 2 The media on which the Protected Material is provided (e.g.,
CD, DVD, external hard drive) also must be and remain plainly labeled with
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“CONFIDENTIAL HEALTH INFORMATION” unless and until the protection of
the data within the media is removed. Any copying or transferring of electronic
files that are designated as Protected Material must be done in a manner that
maintains the protection for all copies, including, but not limited to, maintaining
the protection in the filename(s) and the location where the copies are stored and
the location where the users access the information.

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(c)

A Party or Non-Party that makes original documents available

for inspection need not designate them for protection until after the inspecting
Party has indicated which documents it would like copied and produced. During
the inspection and before the designation, all of the material made available for
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party must
determine which documents qualify for protection under this Order. Then, before
producing the specified documents, the Producing Party must affix the
“CONFIDENTIAL or CONFIDENTIAL HEALTH INFORMATION legend” to
each page of the document that contains Protected Material. If only a portion or
portions of the material on a page qualifies for protection, the Producing Party also
must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins). If the original documents made available for inspection
that are designated for copying include materials produced in native file format, or
that are in a format that is not amenable to visible endorsement on the image, the
Producing Party shall comply with the direction in subparagraph (b) of this
Paragraph regarding their production.

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The original metadata of the native files shall be retained pursuant to the
Parties’ agreed upon ESI protocols.
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STIPULATED PROTECTIVE ORDER

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(d)

For testimony given in depositions that the Designating Party

identify the Disclosure or Discovery Material on the record, or by letter from
counsel within thirty days of receipt of the official deposition transcript or copy
thereof (or written notification that the transcript is available), listing the specific
pages and lines of the transcript and any exhibits that should be treated as
Protected Material. The entire deposition transcript (including any exhibits not
previously produced in discovery in this Litigation) shall be treated as Protected
Material under this Order until the expiration of the above-referenced 30-day
period for designation, except that the deponent (and his or her counsel, if any)
may review the transcript of his or her own deposition during the 30-day period
subject to this Order and the requirement of executing the certification attached as
Exhibit A. After designation of Protected Material is made, the following shall be
placed on the front of the original and each copy of a deposition transcript
containing Protected Material: “CONFIDENTIAL – SUBJECT TO PROTECTIVE
ORDER” or “CONFIDENTIAL HEALTH INFORMATION.” If the deposition
was filmed, both the recording storage medium (i.e. CD or DVD) and its container
shall be labeled “CONFIDENTIAL – SUBJECT TO PROTECIVE ORDER” or
“CONFIDENTIAL HEALTH INFORMATION.”
(e)

For information produced in some form other than documentary

and for any other tangible items, that the Producing Party affix in a prominent
place on the exterior of the container or containers in which the information is
stored the legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“CONFIDENTIAL HEALTH INFORMATION.” If only a portion or portions of
the information warrants protection, the Producing Party, to the extent practicable,
shall identify the protected portion(s).
(f)

For interrogatory answers and responses to requests for

admissions, designation of Protected Material shall be made by placing within each

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interrogatory answer or response to requests for admission asserted to contain
Protected Material the following: “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” or ‘CONFIDENTIAL HEALTH INFORMATION.”

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Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating
Party has waived or withdrawn the confidentiality designation, all parties shall
continue to afford the material in question the level of protection to which it is
entitled under the Producing Party’s designation until the Court rules on the
challenge.
6.4 After a designation as Protected Material is removed or withdrawn by
the Designating Party or by the Court, the Designating Party must provide to the
Receiving Party replacement documents, files, or information that is free from any
marking is or designations as Protected Material. The replacement versions shall

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be provided in the same format as the information that is to be replaced, unless
otherwise agreed to by the Parties. The presumptive time for providing the
replacement information shall be ten days, but the Designating Party must in good
faith provide the information in a reasonable time, considering any agreements
with the Receiving Party, the volume of information to be re-produced, and the
nature or format of the information.
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7.1

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Litigation only for prosecuting, defending, or attempting to settle this Litigation.
Such Protected Material may be disclosed only to the categories of persons and
under the conditions described in this Order. When the Litigation has been
terminated, a Receiving Party must comply with the provisions of section 13
regarding Final Disposition below.
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.

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7.2

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Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL HEALTH

INFORMATION” Information or Items. Unless otherwise ordered by the court or
permitted in writing by the Designating Party, a Receiving Party may disclose any
information or item designated “CONFIDENTIAL” or “CONFIDENTIAL
HEALTH INFORMATION” only to:

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

disclosed or produced by another Party or by a Non-Party in connection with this

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ACCESS TO AND USE OF PROTECTED MATERIAL

(a) the Receiving Party’s Outside Counsel of Record in this
Litigation, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Litigation;
///
///

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(b) the officers, directors, and employees (including In-house
Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
this Litigation and who have received a copy of this Order;

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(c)

whom disclosure is reasonably necessary for this Litigation and who received a
copy of this Order

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(d)

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Professional Vendors, to whom disclosure is reasonably necessary for this
Litigation and who have received a copy of this Order;
(g)

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(h)

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during their depositions, witnesses, and attorneys for witnesses,

in the Litigation to whom disclosure is reasonably necessary provided that (1) the
deposing party provides the witness with a copy of this Order; and (2) the witness
will not be permitted to keep any Protected Material, unless otherwise agreed by
the Designating Party or ordered by the court. Pages of transcribed deposition
testimony or exhibits to depositions that reveal Protected Material may be
separately bound by the court reporter and may not be disclosed to anyone except
as permitted under this Order; and

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witnesses and potential witnesses, including their counsel,

provided each such person first receives a copy of this Order;

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court reporters and their staff;

(f) professional jury or trial consultants, mock jurors, and

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the court and its personnel;

(e)

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

(i)

any mediator, arbitrator or settlement officer, and their

supporting personnel, mutually agreed upon by any of the parties engaged in
settlement discussions.
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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Litigation as
“CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION” that Party
must:

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(a)

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(b)

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promptly notify in writing the party who caused the subpoena or order

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

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promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated in this
Litigation as “CONFIDENTIAL,” or “CONFIDENTIAL HEALTH
INFORMATION” before a determination by the court from which the subpoena or
order issued, unless the Party has obtained the Designating Party’s permission or
unless otherwise required by the law or court order. Absent a court order to the
contrary, the Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material and nothing in these provisions
should be construed as authorizing or encouraging a Receiving Party in this
Litigation to disobey a lawful directive from another court.
///
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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

Non-Party in connection with this Litigation, including the United States’
investigation of Relator’s allegations, and designated as “CONFIDENTIAL” or
“CONFIDENTIAL HEALTH INFORMATION”. Such information produced by
Non-Parties in connection with this litigation is protected by the remedies and
relief provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.
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subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
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agreement with a Non-Party;
(2)

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promptly provide the Non-Party with a copy of this Order in

this Litigation, the relevant discovery request(s), and a reasonably specific
description of the information requested; and

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promptly notify in writing the Requesting Party and the Non-

Party that some or all of the information requested is subject to a confidentiality

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

produce a Non-Party’s confidential information in its possession, and the Party is

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

(3)

make the information requested available for inspection by the

Non-Party, if requested.
(c)

If a Non-Party represented by counsel fails to commence the process

called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the
notice and accompanying information or fails contemporaneously to notify the
Receiving Party that it has done so, the Receiving Party may produce the
Non-Party’s confidential information responsive to the discovery request. If
an unrepresented Non-Party fails to seek a protective order from this court within

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14 days of receiving the notice and accompanying information, the Receiving
Party may produce the Non-Party’s Confidential Information responsive to the
discovery request. If the Non-Party timely seeks a protective order, the Receiving
Party shall not produce any information in its possession or control that is subject
to the confidentiality agreement with the Non-Party before a determination by the
court unless otherwise required by the law or court order. Absent a court order
to the contrary, the Non-Party shall bear the burden and expense of seeking
protection in this court of its Protected Material.
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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 Order, the Receiving Party must immediately (a) notify in writing the
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
all unauthorized copies of the Protected Material, (c) inform the person or persons
to whom unauthorized disclosures were made of all the terms of this Order.
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When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
whatever procedure may be established in an e-discovery order that provides for
production without prior privilege review.
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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

person to seek its modification by the Court in the future.
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
Order no Party waives any right it otherwise would have to object to disclosing or
producing any information or item on any ground not addressed in this Order.
Similarly, no Party waives any right to object on any ground to use in evidence of
any of the material covered by this Order.

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12.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5 and with any pertinent
orders of the assigned District Judge and Magistrate Judge. See, e.g., Standing
Order, ¶ 9 (Docket No. 9). Protected Material may only be filed under seal
pursuant to a court order authorizing the sealing of the specific Protected Material
at issue. If a Receiving Party intends to file any Protected Material of a
Designating Party, it must provide sufficient notice to the Designating Party to
allow the Designating Party to timely request to file the Protected Material at issue
under seal. If the Designating Party’s request to file Protected Material under seal
is denied by the court, then the Receiving Party may file the information in the
public record unless otherwise instructed by the court.
13.

FINAL DISPOSITION
After the final disposition of this Litigation, as defined in paragraph 4,

within 60 days of a written request by the Designating Party, each Receiving Party
must return all Protected Material to the Producing Party or destroy such material.
As used in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries, and any other format reproducing or capturing any of the
Protected Material. Whether the Protected Material is returned or destroyed, the
Receiving Party must submit a written certification to the Producing Party (and, if
not the same person or entity, to the Designating Party) by the 60 day deadline
that: (1) identifies (by category, where appropriate) all the Protected Material that
was returned or destroyed, and (2) affirms that the Receiving Party has not retained

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any copies, abstracts, compilations, summaries or any other format reproducing or
capturing any of the Protected Material. Notwithstanding this provision, Counsel
are entitled to retain an archival copy of all pleadings, motion papers, trial,
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
and trial exhibits, expert reports, attorney work product, and consultant and expert
work product, even if such materials contain Protected Material. Any such archival
copies that contain or constitute Protected Material remain subject to this
Protective Order as set forth in Section 4 (DURATION). The United States
Attorney’s Office for the Central District of California, the Civil Division of the
Department of Justice, and the Office of the Inspector General of the Department
of Health and Human Services shall each have the right to maintain one copy of
such documents for their master files.
14.

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STATES OR OF THE STATE OF CALIFORNIA

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DISCLOSURE TO AGENCIES OR DEPARTMENTS OF THE UNITED

Nothing contained in this Order shall prevent or in any way limit or impair
the right of the United States or of the State of California to disclose to any agency
or department of the United States or of the State of California, or any division of
any such agency or department, designated confidential documents or
electronically stored information relating to any potential violation of law or
regulation, or relating to any matter within that agency’s or department’s
jurisdiction. Nor shall anything contained in this Order prevent or in any way limit
or impair the use of any such designated confidential documents or electronically
stored information by an agency or department in any proceeding relating to any
potential violation of law or regulation, or relating to any matter within that
agency’s or department’s jurisdiction, provided, however, that the agency or
department shall maintain the confidentiality of the designated confidential
///

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documents or electronically stored information consistent with the terms of this
Order.
15.

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DISCLOSURES TO THE UNITED STATES CONGRESS
Nothing contained in this Order shall prevent or in any way limit or impair

the right of the United States to provide designated confidential documents or
electronically stored information to a Congressional entity, provided, however that
the United States shall notify the Congressional entity requesting the documents or
electronically stored information that the designated confidential documents or
electronically stored information have been produced pursuant to this Order and
shall, if there are no objections interposed by the Congressional entity requesting
the documents or electronically stored information, use reasonable efforts to notify
the Producing Party of the Congressional entity’s request and the United States’
response thereto.
///
///
///
///
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///
///
///
///
///
///

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16.

Notwithstanding Section 10 of this Order, any violation of this Order may be

punished by any and all appropriate measures including, without limitation,
contempt proceedings and/or monetary sanctions.

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Dated: August 7, 2017

Respectfully submitted,

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/s/ Bryan Wong
___________________________
TROY A. SCHELL
BRYAN WONG
Attorneys for Plaintiff

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Dated: August 7, 2017

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SANDRA R. BROWN
Acting United States Attorney
DOROTHY A. SCHOUTEN
Assistant United States Attorney
Chief, Civil Division
DAVID K. BARRETT
Assistant United States Attorney
Chief, Civil Fraud Section
LINDA A. KONTOS
Assistant United States Attorney
Deputy Chief, Civil Fraud Section

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/s/ Donald W. Yoo

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DONALD W. YOO
Assistant United States Attorney
Attorneys for Defendant

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ORDER
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: August 8, 2017

_______________/s/___________________
HON. JACQUELINE CHOOLJIAN
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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The undersigned has read and understands the foregoing Protective Order

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(the “Protective Order”) entered by the Court in Prime Healthcare Services –

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Montclair, LLC v. Thomas E. Price, No. 17-cv-00659-PA (JCx), which is currently

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pending in the United States District Court for the Central District of California. I

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understand its contents, and hereby undertake and agree to be bound by the terms

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of the Protective Order. Specifically and without limitation, the undersigned

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agrees not to use or disclose any information that is designated as subject to the

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Protective Order and made available to me, other than as provided by the

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Protective Order. The undersigned acknowledges further that my duties under the

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Protective Order shall survive the termination of this case and that failure to

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comply with the terms of the Protective Order may result in the imposition of

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sanctions by the Court and any other sanction authorized by law. I also hereby

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consent to the personal jurisdiction of the United States District Court for the

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Central District of California for the purpose of enforcing the aforementioned

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Order.

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Dated:

Name (Print or Type)

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Signature

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Company (if applicable)

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