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)

NOTE: CHANGES MADE BY THE COURT
See Page 11 for change.

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DONALD R. McKILLOP, SR. SB#131685
LAW OFFICES OF DONALD R. McKILLOP
12396 WORLD TRADE DRIVE, SUITE 202
SAN DIEGO, CALIFORNIA 92128
[phone]
[phone] FAX
[e-mail]
Attorneys for Plaintiff
ERIN HILEY
KEKER, VAN NEST & PETERS LLP
STEVEN P. RAGLAND - # 221076
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: 415 397 7188
Attorneys for Defendant
MOLINA HEALTHCARE, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LOS ANGELES DIVISION

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ERIN HILEY,
Plaintiff,

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vs.
MOLINA HEALTHCARE, INC., a
Delaware Corporation, and Does 1
through 50, Inclusive,
Defendant.

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Case No. 2:17-cv-01465-VAP-PLA
STIPULATED PROTECTIVE
ORDER
Complaint Filed: January 20, 2017

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STIPULATED PROTECTIVE ORDER

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I.

INTRODUCTION

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A.

PURPOSES AND LIMITATIONS.

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable

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legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

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that this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

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followed and the standards that will be applied when a party seeks permission from

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the court to file material under seal.

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B.

GOOD CAUSE.

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This action is likely to involve the production of employee personnel and

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identifying records, confidential and proprietary compensation and employee benefits

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information, confidential and proprietary business practices, confidential financial

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information, and information otherwise generally unavailable to the public, or which

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may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly, to expedite the

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flow of information, to facilitate the prompt resolution of disputes over confidentiality

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of discovery materials, to adequately protect information the parties are entitled to

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keep confidential, to ensure that the parties are permitted reasonable necessary uses of

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such material in preparation for and in the conduct of trial, to address their handling at

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the end of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter. It is the intent of the parties that information
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STIPULATED PROTECTIVE ORDER

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

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non-public manner, and there is good cause why it should not be part of the public

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record of this case.

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II.

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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

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it is generated, stored or maintained) or tangible things that qualify for protection

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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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

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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2.6. Disclosure or Discovery Material: all items or information, regardless of

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the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.7. Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as an

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expert witness or as a consultant in this Action.

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2.8. House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.
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STIPULATED PROTECTIVE ORDER

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2.9. Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

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2.10. Outside Counsel of Record: attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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2.11. Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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2.12. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13. Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.14. Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

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2.15. Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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III.

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SCOPE OF STIPULATED PROTECTIVE ORDER
The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or extracted

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of

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Protected Material; and (3) any testimony, conversations, or presentations by Parties

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or their Counsel that might reveal Protected Material. Any use of Protected Material

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at trial shall be governed by the orders of the trial judge. This Order does not govern

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the use of Protected Material at trial.

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STIPULATED PROTECTIVE ORDER

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IV.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action, with

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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V.

DESIGNATING PROTECTED MATERIAL
Each Party or Non-Party that designates information or items for protection

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under this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material, documents, items,

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or communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order. Mass, indiscriminate, or routinized designations are

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prohibited. Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may expose

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the Designating Party to sanctions. If it comes to a Designating Party’s attention that

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information or items that it designated for protection do not qualify for protection, that

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Designating Party must promptly notify all other Parties that it is withdrawing the

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inapplicable designation.

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Except as otherwise provided in this Order, or as otherwise stipulated or

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ordered, Disclosure or Discovery Material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires that for information in
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STIPULATED PROTECTIVE ORDER

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documentary form (e.g., paper or electronic documents, but excluding transcripts of

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depositions or other pretrial or trial proceedings), that the Producing Party affix at a

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minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”),

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to each page that contains protected material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the

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margins). A Party or Non-Party that makes original documents available for

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inspection need not designate them for protection until after the inspecting Party has

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indicated which documents it would like copied and produced. During the inspection

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and before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL”. After the inspecting Party has identified the documents

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it wants copied and produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Order. Then, before producing

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the specified documents, the Producing Party must affix the “CONFIDENTIAL” to

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each page that contains Protected Material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the

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margins).

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Designation in conformity with this Order requires for testimony given in

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depositions that the Designating Party identify the Disclosure or Discovery Material

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on the record, before the close of the deposition all protected testimony. Designation

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in conformity with this Order requires that for information produced in some form

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other than documentary and for any other tangible items, the Producing Party affix in

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a prominent place on the exterior of the container or containers in which the

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information is stored the legend “CONFIDENTIAL.” If only a portion or portions of

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the information warrants protection, the Producing Party, to the extent practicable,

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shall identify the protected portion(s).

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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
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STIPULATED PROTECTIVE ORDER

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designate qualified information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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VI.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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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

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Designating Party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party’s designation until the Court rules on the challenge.

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VII. ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

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Action only for prosecuting, defending, or attempting to settle this Action. Such

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Protected Material may be disclosed only to the categories of persons and under the

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conditions described in this Order. When the Action has been terminated, a Receiving

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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location
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STIPULATED PROTECTIVE ORDER

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and in a secure manner that ensures that access is limited to the persons authorized

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under this Order.

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7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving

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Party may disclose any information or item designated “CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action; (b) the officers, directors, and management

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employees (including House Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action; (c) Experts (as defined in this Order) of the

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Receiving Party to whom disclosure is reasonably necessary for this Action and who

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have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the

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court and its personnel; (e) court reporters and their staff; (f) professional jury or trial

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consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

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information; (h) during their depositions (and, in the case of non-management

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employees of the Receiving Party, in preparation for their depositions), witnesses, and

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attorneys for witnesses, in the Action to whom disclosure is reasonably necessary

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provided: (1) the deposing party requests that the witness sign the form attached as

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Exhibit A hereto; and (2) they will not be permitted to keep any confidential

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information unless they sign the form, unless otherwise agreed by the Designating

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Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material may be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this Stipulated

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Protective Order; and (i) any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in settlement
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STIPULATED PROTECTIVE ORDER

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discussions.

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VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating

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Party. Such notification shall include a copy of the subpoena or court order; (b)

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

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other litigation that some or all of the material covered by the subpoena or order is

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subject to this Protective Order. Such notification shall also include a copy of this

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Stipulated Protective Order; and the Party to whom the subpoena or court order was

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directed shall (c) cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may be affected. If the

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Designating Party timely seeks a protective order, the Party served with the subpoena

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or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” before a determination by the court from which the subpoena or

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order issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material and nothing in these provisions should be construed

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as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

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directive from another court.

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IX.

NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.
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STIPULATED PROTECTIVE ORDER

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(b) In the event that a Party is required, by a valid discovery request, to produce

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a Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall: (1) promptly notify in writing the Requesting Party

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and the Non-Party that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with

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a copy of the Stipulated Protective Order in this Action, the relevant discovery

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request(s), and a reasonably specific description of the information requested; and (3)

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make the information requested available for inspection by the Non-Party, if

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requested.

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(c) If the Non-Party fails to seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Receiving Party may

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produce the Non-Party’s confidential information responsive to the discovery request.

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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

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any information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the court. Absent a court

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order to the contrary, the Non-Party shall bear the burden and expense of seeking

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protection in this court of its Protected Material.

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X.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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STIPULATED PROTECTIVE ORDER

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XI.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted to

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the court.

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XII. MISCELLANEOUS

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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

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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12.3. Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue; good cause must be shown for the under seal

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filing. If a Party's request to file Protected Material under seal is denied by the court,

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then the Receiving Party may file the information in the public record unless

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otherwise instructed by the court.

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STIPULATED PROTECTIVE ORDER

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XIII. FINAL DISPOSITION
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 same

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person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if such

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materials contain Protected Material. Any such archival copies that contain or

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4.

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Dated: June 16, 2017

LAW OFFICES OF DONALD R.
MCKILLOP, SR.

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By:

/s/ Donald R. McKillop, Sr. [with permission]
DONALD R. McKILLOP, SR.
Attorneys for Plaintiff
ERIN HILEY

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STIPULATED PROTECTIVE ORDER

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KEKER, VAN NEST & PETERS LLP

Dated: June 16, 2017
By:

/s/ Steven P. Ragland
STEVEN P. RAGLAND
Attorneys for Defendant
MOLINA HEALTHCARE, INC.

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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT

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TO BE BOUND BY PROTECTIVE ORDER
I, ______________________ [print or type full name] of

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_______________ ________________[print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for the Central

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District of California on ____________, 2017 in the case of Hiley v. Molina

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Healthcare, Inc., Case No. 2:17-cv- cv-01465-VAP-PLA. I agree to comply with and

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to be bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to punishment in the nature of

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contempt. I promise that I will not disclose in any manner any information or item

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that is subject to this Stipulated Protective Order to any person or entity except in

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strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District

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Court for the Central District of California for the purpose of enforcing the terms of

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this Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.
I hereby appoint _______________ [print or type full name] of

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________________________________ [print or type full address and telephone

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number] as my California agent for service of process in connection with this action or

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any proceedings related to enforcement of this Stipulated Protective Order.

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Date:

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City and State where sworn and signed:

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Printed name:

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Signature:

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STIPULATED PROTECTIVE ORDER