Erin Hiley v. Molina Healthcare, Inc. et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order 29 . NOTE CHANGES MADE BY THE COURT. (Attachments: # 1 Stipulated Protective Order with Change) (ch)

Download PDF
NOTE: CHANGES MADE BY THE COURT See Page 11 for change. 1 2 3 4 5 6 7 8 9 10 11 DONALD R. McKILLOP, SR. SB#131685 LAW OFFICES OF DONALD R. McKILLOP 12396 WORLD TRADE DRIVE, SUITE 202 SAN DIEGO, CALIFORNIA 92128 (858)487-8118 (858) 487-8109 FAX Attorneys for Plaintiff ERIN HILEY KEKER, VAN NEST & PETERS LLP STEVEN P. RAGLAND - # 221076 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415 391 5400 Facsimile: 415 397 7188 Attorneys for Defendant MOLINA HEALTHCARE, INC. 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 LOS ANGELES DIVISION 16 17 ERIN HILEY, Plaintiff, 18 19 20 21 22 23 vs. MOLINA HEALTHCARE, INC., a Delaware Corporation, and Does 1 through 50, Inclusive, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-01465-VAP-PLA STIPULATED PROTECTIVE ORDER Complaint Filed: January 20, 2017 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 1 I. INTRODUCTION 2 A. PURPOSES AND LIMITATIONS. 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the Court to enter the 7 following Stipulated Protective Order. The parties acknowledge that this Order does 8 not confer blanket protections on all disclosures or responses to discovery and that the 9 protection it affords from public disclosure and use extends only to the limited 10 information or items that are entitled to confidential treatment under the applicable 11 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 12 that this Stipulated Protective Order does not entitle them to file confidential 13 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 14 followed and the standards that will be applied when a party seeks permission from 15 the court to file material under seal. 16 B. GOOD CAUSE. 17 This action is likely to involve the production of employee personnel and 18 identifying records, confidential and proprietary compensation and employee benefits 19 information, confidential and proprietary business practices, confidential financial 20 information, and information otherwise generally unavailable to the public, or which 21 may be privileged or otherwise protected from disclosure under state or federal 22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 23 flow of information, to facilitate the prompt resolution of disputes over confidentiality 24 of discovery materials, to adequately protect information the parties are entitled to 25 keep confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling at 27 the end of the litigation, and serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the parties that information 2 STIPULATED PROTECTIVE ORDER 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public manner, and there is good cause why it should not be part of the public 4 record of this case. 5 II. 6 7 8 9 10 DEFINITIONS 2.1. Action: the case of Erin Hiley v. Molina Healthcare, Inc., Case No. 2:17- cv-01465-VAP-PLA. 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 (regardless of how 11 it is generated, stored or maintained) or tangible things that qualify for protection 12 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 13 Cause Statement. 14 15 16 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5. Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6. Disclosure or Discovery Material: all items or information, regardless of 20 the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated in disclosures or responses to discovery in this matter. 23 2.7. Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 25 expert witness or as a consultant in this Action. 26 2.8. House Counsel: attorneys who are employees of a party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. 3 STIPULATED PROTECTIVE ORDER 1 2 2.9. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3 2.10. Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.11. Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 11 2.12. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 12 2.13. Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 17 2.14. Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 18 2.15. Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 III. 21 SCOPE OF STIPULATED PROTECTIVE ORDER The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or extracted 23 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 24 Protected Material; and (3) any testimony, conversations, or presentations by Parties 25 or their Counsel that might reveal Protected Material. Any use of Protected Material 26 at trial shall be governed by the orders of the trial judge. This Order does not govern 27 the use of Protected Material at trial. 28 4 STIPULATED PROTECTIVE ORDER 1 IV. 2 DURATION Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, re-hearings, 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 V. DESIGNATING PROTECTED MATERIAL Each Party or Non-Party that designates information or items for protection 12 under this Order must take care to limit any such designation to specific material that 13 qualifies under the appropriate standards. The Designating Party must designate for 14 protection only those parts of material, documents, items, or oral or written 15 communications that qualify so that other portions of the material, documents, items, 16 or communications for which protection is not warranted are not swept unjustifiably 17 within the ambit of this Order. Mass, indiscriminate, or routinized designations are 18 prohibited. Designations that are shown to be clearly unjustified or that have been 19 made for an improper purpose (e.g., to unnecessarily encumber the case development 20 process or to impose unnecessary expenses and burdens on other parties) may expose 21 the Designating Party to sanctions. If it comes to a Designating Party’s attention that 22 information or items that it designated for protection do not qualify for protection, that 23 Designating Party must promptly notify all other Parties that it is withdrawing the 24 inapplicable designation. 25 Except as otherwise provided in this Order, or as otherwise stipulated or 26 ordered, Disclosure or Discovery Material that qualifies for protection under this 27 Order must be clearly so designated before the material is disclosed or produced. 28 Designation in conformity with this Order requires that for information in 5 STIPULATED PROTECTIVE ORDER 1 documentary form (e.g., paper or electronic documents, but excluding transcripts of 2 depositions or other pretrial or trial proceedings), that the Producing Party affix at a 3 minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), 4 to each page that contains protected material. If only a portion or portions of the 5 material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the 7 margins). A Party or Non-Party that makes original documents available for 8 inspection need not designate them for protection until after the inspecting Party has 9 indicated which documents it would like copied and produced. During the inspection 10 and before the designation, all of the material made available for inspection shall be 11 deemed “CONFIDENTIAL”. After the inspecting Party has identified the documents 12 it wants copied and produced, the Producing Party must determine which documents, 13 or portions thereof, qualify for protection under this Order. Then, before producing 14 the specified documents, the Producing Party must affix the “CONFIDENTIAL” to 15 each page that contains Protected Material. If only a portion or portions of the 16 material on a page qualifies for protection, the Producing Party also must clearly 17 identify the protected portion(s) (e.g., by making appropriate markings in the 18 margins). 19 Designation in conformity with this Order requires for testimony given in 20 depositions that the Designating Party identify the Disclosure or Discovery Material 21 on the record, before the close of the deposition all protected testimony. Designation 22 in conformity with this Order requires that for information produced in some form 23 other than documentary and for any other tangible items, the Producing Party affix in 24 a prominent place on the exterior of the container or containers in which the 25 information is stored the legend “CONFIDENTIAL.” If only a portion or portions of 26 the information warrants protection, the Producing Party, to the extent practicable, 27 shall identify the protected portion(s). 28 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 6 STIPULATED PROTECTIVE ORDER 1 designate qualified information or items does not, standing alone, waive the 2 Designating Party’s right to secure protection under this Order for such material. 3 Upon timely correction of a designation, the Receiving Party must make reasonable 4 efforts to assure that the material is treated in accordance with the provisions of this 5 Order. 6 VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time that is consistent with the Court’s 9 Scheduling Order. 10 11 12 13 14 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 6.4. The burden of persuasion in any such challenge proceeding shall be on the 15 Designating Party. Frivolous challenges, and those made for an improper purpose 16 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 17 expose the Challenging Party to sanctions. Unless the Designating Party has waived 18 or withdrawn the confidentiality designation, all parties shall continue to afford the 19 material in question the level of protection to which it is entitled under the Producing 20 Party’s designation until the Court rules on the challenge. 21 VII. 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 the 26 conditions described in this Order. When the Action has been terminated, a Receiving 27 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 28 Protected Material must be stored and maintained by a Receiving Party at a location 7 STIPULATED PROTECTIVE ORDER 1 and in a secure manner that ensures that access is limited to the persons authorized 2 under this Order. 3 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 4 ordered by the court or permitted in writing by the Designating Party, a Receiving 5 Party may disclose any information or item designated “CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 7 employees of said Outside Counsel of Record to whom it is reasonably necessary to 8 disclose the information for this Action; (b) the officers, directors, and management 9 employees (including House Counsel) of the Receiving Party to whom disclosure is 10 reasonably necessary for this Action; (c) Experts (as defined in this Order) of the 11 Receiving Party to whom disclosure is reasonably necessary for this Action and who 12 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the 13 court and its personnel; (e) court reporters and their staff; (f) professional jury or trial 14 consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably 15 necessary for this Action and who have signed the “Acknowledgment and Agreement 16 to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the 17 information or a custodian or other person who otherwise possessed or knew the 18 information; (h) during their depositions (and, in the case of non-management 19 employees of the Receiving Party, in preparation for their depositions), witnesses, and 20 attorneys for witnesses, in the Action to whom disclosure is reasonably necessary 21 provided: (1) the deposing party requests that the witness sign the form attached as 22 Exhibit A hereto; and (2) they will not be permitted to keep any confidential 23 information unless they sign the form, unless otherwise agreed by the Designating 24 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 25 depositions that reveal Protected Material may be separately bound by the court 26 reporter and may not be disclosed to anyone except as permitted under this Stipulated 27 Protective Order; and (i) any mediator or settlement officer, and their supporting 28 personnel, mutually agreed upon by any of the parties engaged in settlement 8 STIPULATED PROTECTIVE ORDER 1 discussions. 2 VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 3 OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating 7 Party. Such notification shall include a copy of the subpoena or court order; (b) 8 promptly notify in writing the party who caused the subpoena or order to issue in the 9 other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Protective Order. Such notification shall also include a copy of this 11 Stipulated Protective Order; and the Party to whom the subpoena or court order was 12 directed shall (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. If the 14 Designating Party timely seeks a protective order, the Party served with the subpoena 15 or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that 19 court of its confidential material and nothing in these provisions should be construed 20 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 21 directive from another court. 22 IX. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 23 IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non- 25 Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 9 STIPULATED PROTECTIVE ORDER 1 (b) In the event that a Party is required, by a valid discovery request, to produce 2 a Non-Party’s confidential information in its possession, and the Party is subject to an 3 agreement with the Non-Party not to produce the Non-Party’s confidential 4 information, then the Party shall: (1) promptly notify in writing the Requesting Party 5 and the Non-Party that some or all of the information requested is subject to a 6 confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with 7 a copy of the Stipulated Protective Order in this Action, the relevant discovery 8 request(s), and a reasonably specific description of the information requested; and (3) 9 make the information requested available for inspection by the Non-Party, if 10 requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party may 13 produce the Non-Party’s confidential information responsive to the discovery request. 14 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 15 any information in its possession or control that is subject to the confidentiality 16 agreement with the Non-Party before a determination by the court. Absent a court 17 order to the contrary, the Non-Party shall bear the burden and expense of seeking 18 protection in this court of its Protected Material. 19 X. 20 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 25 persons to whom unauthorized disclosures were made of all the terms of this Order, 26 and (d) request such person or persons to execute the “Acknowledgment and 27 Agreement to Be Bound” that is attached hereto as Exhibit A. 28 10 STIPULATED PROTECTIVE ORDER 1 XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 7 may be established in an e-discovery order that provides for production without prior 8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 9 parties reach an agreement on the effect of disclosure of a communication or 10 information covered by the attorney-client privilege or work product protection, the 11 parties may incorporate their agreement in the stipulated protective order submitted to 12 the court. 13 XII. MISCELLANEOUS 14 15 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. 16 12.2. Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 12.3. Filing Protected Material. A Party that seeks to file under seal any 22 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 23 only be filed under seal pursuant to a court order authorizing the sealing of the 24 specific Protected Material at issue; good cause must be shown for the under seal 25 filing. If a Party's request to file Protected Material under seal is denied by the court, 26 then the Receiving Party may file the information in the public record unless 27 otherwise instructed by the court. 28 11 STIPULATED PROTECTIVE ORDER 1 2 XIII. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 days 3 of a written request by the Designating Party, each Receiving Party must return all 4 Protected Material to the Producing Party or destroy such material. As used in this 5 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4. 20 21 Dated: June 16, 2017 LAW OFFICES OF DONALD R. MCKILLOP, SR. 22 23 24 25 By: /s/ Donald R. McKillop, Sr. [with permission] DONALD R. McKILLOP, SR. Attorneys for Plaintiff ERIN HILEY 26 27 28 12 STIPULATED PROTECTIVE ORDER 1 2 3 4 KEKER, VAN NEST & PETERS LLP Dated: June 16, 2017 By: /s/ Steven P. Ragland STEVEN P. RAGLAND Attorneys for Defendant MOLINA HEALTHCARE, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT 3 TO BE BOUND BY PROTECTIVE ORDER I, ______________________ [print or type full name] of 4 5 _______________ ________________[print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 District of California on ____________, 2017 in the case of Hiley v. Molina 9 Healthcare, Inc., Case No. 2:17-cv- cv-01465-VAP-PLA. I agree to comply with and 10 to be bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to punishment in the nature of 12 contempt. I 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 16 Court for the Central District of California for the purpose of enforcing the terms of 17 this Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint _______________ [print or type full name] of 19 20 ________________________________ [print or type full address and telephone 21 number] as my California agent for service of process in connection with this action or 22 any proceedings related to enforcement of this Stipulated Protective Order. 23 24 Date: 25 City and State where sworn and signed: 26 Printed name: 27 Signature: 28 1 STIPULATED PROTECTIVE ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?