Adel F. Samaan v. Aetna Life Insurance Company et al

Filing 16

ORDER ADOPTING STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 15 . ***** SEE ORDER FOR DETAILS. ***** NOTE CHANGES MADE BY THE COURT. ***** (mp)

2:17-cv-01690-DSF-AGR Document 15-1 Filed 04/04/17 Page 1 of 1 Page ID #:88

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA,WESTERN DIVISION
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9 ~ ADEL F. SAMAAN,M.D., and individual

Plaintiff

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vs.

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AETNA LIFE INSURANCE
COMPANY,a health benefits co oration
A
13 doing business in California; AE
LIFE &CASUALTY(BERMUDA)
14 LTD., an insurance underwriting
corporation doing business in California;
15 and DOES 1 through 100;
12

Case No. 2:17-cv-01690-DSF(AGE)
Honorable Dale S. Fischer; and
Honorable Alicia G. Rosenberg,
Magistrate Judge
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ORDER ADOPTING
TIPULATE PROTECTIVE
ORDER RE PRODUCTION AND
USE OF CONFIDENTIAL
DOCUMENTS
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Defendants

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Complaint Filed: March 2, 2017
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18

WHEREAS,the Parties in the above referenced matter have submitted a

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Stipulated Protective Order Re Production and Use of Confidential Documents on

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Apri14, 2017, and good cause appearing therefore, the Court

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ORDERS ~F LLOWS:
C~3uft
as vY►odifi' ed
The Parties' Protective Order~shall govern the disclosure and use of
confidential documents

ivy G~,i,SCOv~r'~

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DATED:

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ULI~.(.e.~
The Honorable Alicia G. Rose

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2:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 1 of 13 Page ID #:75

RICHARD D. WILLIAMS (SBN 58640)
rwilliams 1 ttonwilliams.com
666)
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mhakakian 1 tonwil iams.com
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MANDATORY CHAM1iERS COPY

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1539 Westwood Blvd., Suite 200
4 Los Angeles, California 90024

Tel.: [phone]; Fax:[phone]
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Attorneys for Plaintiff
ADEL F. SAMAAN,~VI.D.

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MATTHEW G. KLEINER(SBN 211842)
mkleiner ordonrees.com

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101 W. Broadwa ,Suite 2000
San Die o, CA 9~101
Tel.:(6~)696-6700; Fax:[phone]

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MICHELLE L. STEINHARDT(SBN 235149)
msteinhardt(a,~ordonrees.com
6I~61~IFEE37~L~
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633 West Fifth Street, 52"d Floor
14 Los Angeles, CA 90071
Tel.:(2I3)576-5000; Fax:[phone]
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Attorneys for Defendants
AETNA LIFE INSURANCE COMPANY
AETNA LIFE AND CASUALTY(BERIV~UDA)LTD.

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA,WESTERN DIVISION
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ADEL F. SAMAAN,M.D.,and individual
Plaintiff

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23

vs.

AETNA LIFE INSURANCE
COMPANY,a health benefits co~rpo~ration
25 doing business in California• AETNA
LIFE &CASUALTY(BEI~MUDA)
2 LTD., an insurance underwriting
6
corporation doing business in California;
27 and DOES 1 through 100;

Case No. 2:17-cv-01690-DSF(AGI~)
Honorable Dale S. Fischer; and
Honorable Alicia G. Rosenberg,
Magistrate Judge

2
4

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Defendants

STIPULATED PROTECTIVE
ORDER RE PRODUCTION AND
USE OF CONFIDENTIAL
DOCUMENTS

Complaint Filed: March 2, 2017

STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

2:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 2 of 13 Page ID #:76

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IT IS HEREBY STIPULATED by and between the Parties Plaintiff, Adel F.

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Samaan, M.D.,("Samaan")and Defendants, Aetna Life Insurance Company and

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Aetna Life and Casualty(Bermuda)Ltd.(collectively,"Aetna")(together, the

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Parties"), by and through their respective counsel of record, that in order to facilitate
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the exchange of information and documents which maybe subject to confidentiality
limitations on disclosure due to federal laws, and privacy rights, the Parties stipulate

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as follows:

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1.

Definitions.

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a.

"Action" shall refer to the above-titled action, United States District
Court, Central District of California, Case No. 2:17-cv-01690-DSF

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AGE).
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b.

"Confidential Material" shall mean Material (regardless of how

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generated, stored, or maintained) or tangible things that relate to or

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describe information supplied in any form, or any portion thereof, that

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identifies the Parties participants, members or beneficiaries in any

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manner and relates to the past, present, or future care, services, or

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supplies relating to the physical or mental health or condition of such

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individual, the provision of health care to such individual, or the past,

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present, or future payment for the provision of health care to such

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individual. Confidential Material includes, but is not limited to, medical

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bills, claims forms, charge sheets, medical records, medical charts, test

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results, notes, dictation, invoices, itemized billing statements, remittance

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advice forms, explanations of benefits, checks, notices, and requests for

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information or documentation related to Parties participants or

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beneficiaries, as well as any summaries or compilations ofthe

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information contained in these documents, to the extent that such

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summaries or compilations themselves include Confidential Material.

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Confidential Material is intended to encompass all documents or
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01690-DSF-AGR Dacument 15 Filed 04/04/17 Page 3 of 13 Page ID #:77

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information regarding individuals subject to the Standards for Privacy of

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Individually Identifiable Health Information, 45 CFR parts 160 and 164,

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promulgated pursuant to the Health Insurance Portability and

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Accountability Act, or other similar statutory or regulatory privacy

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protections. Confidential Material shall include, but is not limited to,

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records that contain any of the following participant, patient, or member

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identifiers:

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(1)

names;

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(2)

all geographic subdivisions smaller than a state, including street
address, city, county, precinct, and zip code;

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(3)

all elements of dates (except year)for dates directly related to an

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individual, including birth date, admission date, discharge date,

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age, and date of death;

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(4)

telephone number;

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(5)

fax number;

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(6)

electronic email address;

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(7)

social security numbers;

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(8)

medical record number;

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(9)

health plan beneficiary numbers;

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(10) account numbers;

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(11) certificate/license numbers;

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(12) vehicle identifiers and serial numbers, including license plate

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numbers;

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(13) device identifiers and serial numbers;

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(14) web universal resource locators(URLs");

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(15) Internet protocol("IP") address numbers;

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(16) biometrick identifiers, including finger and voice prints;

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(17) full face photographic images and any comparable images; and
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C se 2`17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 4 of 13 Page ID #:78

(18) any other unique identifying number, characteristic, or code.

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2

c.

designates Material as "Confidential" under this Order.

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4

"Designating Person" shall refer to a Person (including a Party) that

d.

"Material" shall mean all documents, electronically stored information,

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testimony and discovery responses, including all copies, excerpts and

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summaries thereof, relating to this case.

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e.

counsel(and their support staffl.

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"Party" or "Parties" shall refer to any party to this action, including all

f.

"Person" shall refer to and include (a) all Parties to the Action; and (b)

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any other person receiving, producing or disclosing Material in the

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Action.,~ho G~'2~5`b I'se ~c~t,~-ncl I~t,~ `Ntiis order.

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g.

produces Material in the Action.

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"Producing Person" shall refer to a Person (including a Party) that

h.

"Receiving Person" shall refer to a Person (including a Party) that
receives Material from a Producing Person.

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16

i.

"Order" shall refer to this Protective Order.

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2.

This Order shall govern the handling of all Confidential Material

18 provided during the course of the Action either voluntarily, as initial disclosures or in
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response to discovery requests made pursuant to the Federal Rule of Civil Procedure,

20 or as required or permitted by Court order. The provision of this Order shall apply to
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any Person.
3.

All Confidential Material shall be used only for the purpose of preparing

23 for, and conducting the Action, including any appeals thereof, and shall not be used
24 by the Parties or any other person for any other purpose. The Court reserves the right
25 to modify this Order for good cause shown.
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6

4.

All Material produced in the Action, whether voluntarily or as required

27 by Court order or under the Federal Rules of Civil Procedure, if such documents or
28 things contain Confidential Material, shall bear a stamp stating "Confidential" on
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01690-DSF-AGR Document 15 Filed 04/U4/17 Page 5 of 13 Page Id #:79

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each page of any such document or on a sticker affixed to any such tangible thing. It

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shall be the responsibility ofthe Producing Person to cause all Confidential Material

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to be stamped by the time such Confidential Material is produced.

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5.

For information produced in some form other than Documents, and for

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any other tangible item, including, without limitation, compact discs or DVD's, the

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Designating Party must affix a prominent place on the exterior of the container or

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containers in which the information is stored the prefix "Confidential". If only

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portion of the information provided warrants protection, the Designating Party, to the

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extent applicable, shall identify the "Confidential" portion.

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6.

Information or testimony disclosed at a deposition may be designated as

Confidential Material by the person providing such testimony, by a Party, or by a

12 Producing Person, if such person either:
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a.

that are designated as Confidential Material; or

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identifies on the record at the deposition those portions ofthe testimony

b.

provides written notification to all Parties within thirty(30)calendar

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days of receipt of the transcript of the deposition specifying those pages

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and lines ofthe transcript that are designated as Confidential Material.

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The entire transcript of any deposition shall be treated as Confidential Material

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until thirty(30) calendar days after the conclusion of the deposition. Each page of

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deposition transcript designated as Confidential Material shall be stamped, as set forth

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in paragraph 4 above, by the court reporter or counsel.

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23

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Each Party and each Producing Person shall have twenty(20) business

days from the actual receipt of any Material to designate any such Material as

Confidential." During this 20-business day period, any person receiving any such
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Material shall treat the Material as "Confidential" under the terms of this Order.
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Any Material designated as "Confidential" in accordance with this Order

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also will render "Confidential" any copies, excerpts, summaries or other documents

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reflecting or referring to the substance or contents of such Material.
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01690-DSF-AGR C~ocur7~ent 15 Filed 04/04/17 Pace 6 of 13 Page ID #:80

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9.

Any Party may designate as "Confidential" any document that is

2 produced or disclosed without such designation by a third party, within ten (10)
3 business days of production of such document(or such other time as maybe agreed),
4 provided that such document contains Confidential Material of a designating Party
5 and was given to the non-Party on a confidential basis.
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10.

Confidential Material shall be subject to the following restrictions:

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a.

Confidential Material shall not be given, shown, made available or

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communicated in any way by the Receiving Party to anyone except those

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person specified in subparagraph 10(b) below to whom it is necessary

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that such Confidential Material be given or shown for the purpose

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permitted under paragraph 3 above.

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b.

Except as ordered by the Court, Confidential Material may be disclosed,

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for the purposes set forth in paragraph 3 above, only to a "Qualified

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Person," defined as follows:

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(1)

counsel of record for the Parties, and attorneys, clerical, paralegal

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and other staff employed by such counsel, including any outside

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vendor providing litigation support or photocopying services, who

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are assisting in the conduct of the Action;

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(2)

the Parties;

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(3)

witnesses and their counsel (other than Parties) in connection with

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or at any interview, deposition or hearing in the Action, subject to

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paragraph 11, below;

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(4)

such consultants and experts retained by the Parties, or their

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respective counsel, as they in good faith deem necessary to provide

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assistance in connection with the conduct of the Action, subject to

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paragraph 11, below;

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(5)

the Court, court personnel, potential jurors,jurors or alternate
jurors; and

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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case ?.:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page l of 13 -Page ID #:81

(6)

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conduct of the Action.

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court reporters and their employees used in connection with the

11.

Each Qualified Person described in paragraph 10(b)(3) or 10(b)(4), above

4 to whom Confidential Material is disclosed shall first be provided with a copy of this
5 Order and advised that such Confidential Material is being disclosed pursuant to and
6 subject to the terms of this Order and that Confidential Material may not be disclosed
7 other than pursuant to the terms hereof. It shall be the responsibility of counsel
8 providing such access to provide to each person to whom Confidential Material is
9 disclosed a copy of this Order. Prior to disclosing Confidential Material to each
10 person described in subparagraphs (10)(b)(3) and (10)(b)(4) above, counsel shall
11

cause each such person to execute a certificate in the form attached as Exhibit A to

12 this Order; Counsel disclosing Confidential Material to persons under subparagraph
13 (10)(b) shall be responsible for holding executed certificates.
14

12.

No Material that has been designated "Confidential" by this Order, by

15 any Party or by any Producing Person shall be filed, independently or as an
16 attachment or exhibit to any other document, in the public court file except as
17 provided in Civil Local Rule 79-5 and the Honorable Dale S. Fischer Sealed
18 Document Pilot Program.
19

13.

In the event it becomes necessary at a deposition

to show any

~
(~- 20 Confidential Material to a witness, as described in subparagraph 10(b), above, any
21

testimony related to the Confidential Material shall be deemed to be Confidential

22 Material, and the pages and lines of the transcript that set forth such testimony shall
23 be stamped as set forth in paragraph 4 of this Order.
24

14.

No Party concedes that any Material designated by any other person as

25 Confidential Material does in fact contain or reflect confidential information or has
26 been properly designated as Confidential Material. There shall be no prejudice to the
27 right of a Party to seek a determination by the Court of whether any particular
28 document or information should be subject to the terms of this Order.

STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01690-DSF-AGR Docurnent 15 Filed Q4/04/17 Page 8 of 13 Page ID #:82

1

15.

Unless a prompt challenge to a Designating Person's confidentiality

2 designation is necessary to avoid foreseeable substantial unfairness, unnecessary
3 economic burdens, or a later significant disruption or delay of the litigation, a Party
4 does not waive its right to challenge a confidentiality designation by electing not to
5 amount a challenge promptly after the original designation is disclosed.
Meet and Confer.

6

16.

7

A Party that elects to initiate a challenge to a Designating Person's

8 confidentiality designation must do so in good faith and must begin the process by
9 conferring directly (in voice to voice dialogue; other forms of communication are not
10 sufficient) with counsel for the designating Person. In conferring, the challenging
11

Party must explain the basis for its belief that the confidentiality designation was not

12 proper and must give the Designating Person an opportunity to review the designated
13 material, to reconsider the circumstances, and, if no change in designation is offered,
14 to explain the basis for the chosen designation. A challenging Party may proceed to
15 the next stage ofthe challenge process only if it has engaged in this meet and confer
16 process first.
Judicial Intervention.

17

17.

18

A Party who elects to press a challenge to a confidentiality designation after

19 considering the justification offered by the Designating Person may file and serve a
20 motion under Civil Local Rule 37(and in compliance with Civil Local Rule 79-5 and
21

the Honorable Dale S. Fischer Sealed Document Pilot Program, if applicable) that

22 identifies the challenged material and sets forth in detail the basis for challenging.
23 Each such motion must be accompanied by a declaration that sets forth with
24 specificity the justification for the confidentiality designation that was given by the
25 Designating Person in the meet and confer dialogue. The burden of persuasion in any
26 such challenge proceeding shall be on the Designating Person. Phillips Ex Rel. Byrd v.
27 General Motors Corp., (9''' Cir. 2002)307 F.3d 1206, 1210-11. Until the Court rules
28 on the challenge, all Parties shall continue to afford the material in question the level
s
STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C

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2

2:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 9 of 13 Page ID #:83

of protection to which it is entitled under the Producing Person's designation.
18.

Subject to paragraph 3, above, should any non-party seek access to

3

Confidential Material, by request, subpoena or otherwise, the Party or other recipient

4

of the Confidential Material from whom such access is sought, as applicable, shall

5

promptly notify the Producing Person who produced such Confidential Material of
such requested access. If any Receiving Person (a)is subpoenaed in another action,

b)
7 ( is served with a demand in another action to which he, she or it is a party, or(c) is
8

served with any other legal process by one not a party to this Action seeking Material

9

which was produced and designated as Confidential, the Receiving Person shall give

10

written notice, by hand, e-mail, or facsimile transmission, within five(5) business

11

days of receipt of such subpoena, demand, or legal process, to those who produced the

12 Confidential Material. The Receiving Person shall not produce any of the Producing
13 Person's Confidential Material, unless ordered by a court to do so, until the later of(a)
14

at least ten (10)business days after providing the required notice to the Producing

15 Person, or(b)the date of production specified in, or required by, the subpoena,
16

demand or other legal process. The Producing Person shall be solely responsible for

17

asserting any objection to the requested production.

18

19.

This Order, insofar as it restricts the communication and use of

19 Confidential Material, shall continue to be binding throughout and after the
2
0

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However when offered in evidence

on of tie Action,i

oY rno-h6~ns rv~re +I

-~o~ rr~eri~s, ~

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21 at triaJ~ Confidential Material will,become vai a e to t e pu lic
r2A.~s ~Ylew-~~
Cou.r+ordLr' ~~v► v~o+,'aY► cwd Co-vn.pe~
In order to
d
~
~nadvance of the scheduled teal date
23

permit a Designating Person to assess whether•to move the Court for additional

2 protection, and if appropriate to file a timely motion, the proponent of the evidence
4
25

must give notice of intent to introduce the evidence to counsel for the Designating

26 Person at least thirty (30) calendar days before trial. Any party may then move the
27 Court in advance of the trial for an order that the evidence be received in camera or
28 under other conditions to prevent unnecessary disclosure pursuant to applicable
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

2:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 10 of 13 Page ID #:84

1

federal and local rules. The Court will determine whether the proffered evidence

should continue to be treated as Confidential Material and, if so, what protection may
C for' u~-o Sa
~-.
~!. Chr s ler C~-rou.. ,
3 be offered to such Material at trial. $pq F3d ~ Oq2(~ ~r. a01 to
20. Within sixty(60)calendar days after the conclusion ofthe Action,

~
~ 2

5

including all appeals, all Confidential Material, copies thereof and documents

6

reflecting such Confidential Material (other than materials contained in the court's

7

unsealed/non-sealed records) shall be returned to the Producing Person who produced

8

such Confidential Material or destroyed, at the discretion of the Producing Person.

9

21.

The Court retains jurisdiction for a period of six (6) months after

10

termination of this Action, to enforce the terms of this Order to make such

11

amendments, or additions to this Order as it may from time to time deem appropriate

12 or may be appropriate upon a motion by any Party.
13

22.

Even after the final disposition of this litigation, the confidentiality

14

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

15

agrees otherwise in writing or a court order otherwise directs. Final Disposition shall

16

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

17

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

18

exhaustion of all appeals, rehearing, remands, trials or reviews of this Action,

19

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

2
0

pursuant to applicable law.
Y~1

The protection of Confidential Material at trial

21

23.

22

pre-trial order.

23

24.

e addressed in the

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~~

Any inadvertent disclosure or production of documents protected by the

2
4

attorney-client privilege or work-product protection shall not constitute a waiver of

25

either any available privilege or protection by the disclosing party. In the event that

2
6 the Receiving Party discovers that it has received either attorney-client privilege or
2
7

work-product documents, it shall bring that fact to the attention of the Producing

28 Party immediately upon that discovery. Upon the request of the Producing Party, the
to
STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C~~e 2:17-cv-01690-NSF-AGF~ Document 15 Filed 04/04/17 Page 11 of 13 Page ID #:85

1

Receiving Party will promptly disclose the names of any individuals who have read or

2 have had access to the attorney-client privilege or work-product document. No such
3 inadvertently produced attorney-client privilege or work-product protected document
4 maybe used in evidence against the Producing Party.
5

25.

In the event that any Party discovers that any Confidential Material has

6 been disclosed to any person not entitled under this Protective Order to receive such
7 information, the Party, upon discovering the unauthorized disclosure, shall
8 immediately(a)inform the other Party of the circumstances ofthe disclosure;(b)
9 inform the Receiving Person or entity of the existence and terms of this Protective
10 Order;(c) make its best efforts to retrieve any unauthorized disclosed documents or
11

Material; and(d) make its best efforts to obtain an undertaking in the form attached

12 hereto from the person who was not entitled to receive such information. Such
13 unauthorized disclosure shall not cause the disclosed information to lose its
14 Confidential status.
15

26.

The inadvertent failure to designate information under this Stipulated

16 Protective Order prior to or at the time of disclosure shall not operate as a waiver of
17 the Producing Party's right to designate such information under this Order so long as
18 such Party takes steps to correct the designation of such information within a
19 reasonable time and as set forth in paragraph 4.
20
21

27.

In the event that Confidential Material is designated as Confidential after

production, the Receiving Party shall employ reasonable efforts to ensure that any

22 inadvertently disclosed information is subsequently treated as required pursuant to the
23 terms of this Order.
24

28.

After this Stipulation and Protective Order has been signed by counsel

25 for all Parties, it shall be presented to the Court for entry. Counsel agree to be bound
2 by the terms set forth herein with regard to any Confidential Materials that have been
6
27 produced before the Court sings this Stipulation and Protective Order.
28

29.

The Parties and all signatories to the Certification attached hereto as
ii

STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

2:17-cv-01690-DSF-AGR Document 15 Filed 04/U4/17 Page 12 of 13 Page ID #:86

1

Exhibit A agree to be bound by this Stipulation and Protective Order pending its

2

approval and entry by the Court. In the event that the Court modifies this Stipulation

3

and Protective Order, or in the event that the Court enters a different Protective Order,

4

the Parties agree to be bound by this Stipulation and Protective Order until such time

5

as the Court may enter such a different Order. It is the Parties' intent to be bound by

6

the terms of this Stipulation and Protective Order pending its entry so as to allow for

7

immediate production of Confidential Material under the terms herein.

8
9

IT IS SO STIPULATED.

10
1 1 ~ Dated: Apri14, 2017

Respectfully submitted,

12

LYTTON & WILLIAMS LLP

13

By: /s/

14

Richard D. Williams

Richard D. Williams,
Attorneys for Plaintiff,
Adel F. Samaan M.D.

15
16
17

Dated: Apri14, 2017

GORDON & REES LLP

18
19

By: /s/

Matthew G. Kleiner

20 I
21

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~~

Matthew G. Kleiner
Michelle L. Steinhardt,
Attorneys for Defendants, Aetna Life
Insurance Company and Aetna Life and
Casualty(Bermuda)Ltd.

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25
2
6
27
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C~~e 2:17-cv-01690-DSF-AGR Document 15 Filed 04/04/17 Page 13 of 13 Page ID #:87

1

EXHIBIT A

2

CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS

3

I hereby acknowledge that I,

am about to

4 receive Confidential Material supplied in connection with the Action, captioned Adel F.
5 Samaan, M.D. v. Aetna Life Insurance Company; Aetna Life and Casualty (Bermuda)
6 Ltd., Case No. 2:17-cv-01690-DSF(AGI~). I certify that I understand that the
7 Confidential Material are provided to me subject to the terms and restrictions ofthe
8

Stipulated Protective Order filed in this Proceeding. I have been a given a copy ofthe

9 Stipulated Protective Order; I have read it, and I agree to be bound by its terms.
10
11

I understand that Confidential Material, as defined in the Stipulated Protective
Order, including any notes or other records that may be made regarding any such

12 materials, shall not be disclosed to anyone except as expressly permitted by the
13

Stipulated and Protective Order. I will not copy or use, except solely for the purposes

14 of this Action, any Confidential Materials obtained pursuant to this Protective Order,
15 except as provided therein or otherwise ordered by the Court in the Action.
16

I further understand that I am to retain all copies of all Confidential Materials

17 provided to me in the Action in a secure manner, and that all copies of such
18 Confidential Materials are to remain in my personal custody until termination of my
19 participation in this Proceeding, whereupon the copies of such Confidential Materials
2 will be returned to counsel who provided me with such Confidential Materials.
0
21

I declare under penalty of perjury, under the laws of the State of California, that the

22 ~ foregoing is true and correct. Executed this
23

(day) of

(month),

(
year).

24
25
2
6

(SIGNATURE)

27
28
13
STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS