Adel F. Samaan v. Blue Cross of California 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)

Case 2:17-cv-01730-DSF-AGR Document 15-1 Filed 04/04/17 Page 1 of 1 Page ID #:89

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I~~TE G~~~;~~~~5 ~~~~~ ~Y ~~4~ C~~~

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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., an individual

Case No. 2:17-cv-01730-DSF(AGI~)

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Plaintiff
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vs.

Honorable Dale S. Fischer and
Honorable Alicia G. Rosenberg,
Magistrate Judge

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BLUE CROSS OF CALIFORNIA,dba
14 ANTHEM BLUE CROSS and related
entity names; and Does 1 through 100;
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Defendants
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~4'~~~ ~~lt~~eu~~ gz6 tis'~ ~e'~ ie~ ~~~.,,
s~

ORDER ADOPTING
TIPULATE~ PROTECTIVE
ORDER RE PRODUCTION AND
USE OF CONFIDENTIAL
DOCUMENTS

Complaint Filed: March 3, 2017
~ ~w
..~~_5~~
WHEREAS,the Parties in the above referenced matter have submitted a

2 Stipulated Protective Order Re Production and Use of Confidential Documents on
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Apri14, 2017, and good cause appearing therefore, the Court

ORD
~C,~u,~t
GtS ~o~~.ed F
The Parties' Protective Order)shall govern t e disclosure and use of
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~SGOdQrt~.
24 confidential document . ~ n
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26 DATED:
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(v Z~11

G~-c.Gcec-

~'

The Honorable Alicia G. Rosenberg

e 2:17-cv-01730-DSF-AGR G~~cument 15 Filed 04/04/17 Page 1 of 14 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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i+~AND~.'_~`t~~Y Ci~AMBERS COPYI

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1539 Westwood Blvd., Suite 200
Los Angeles, California 90024
Tel.: [phone]; Fax:[phone]

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Attorneys for Plaintiff
ADEL F. SAMAAN,~VI.D.

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JONATHAN D. GERSHON
J ershon reedsmith.com

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355 South Grand Avg Suite 2900
10 Los Angeles, CA 9001

Tel.:[phone]; Fax:[phone]
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Attorneys~ for Defendant
12 BLUE CROSS OF CA~.IFORNIA dba

ANTHEM BLUE CROSS
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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Case No. 2:17-cv-01730-DSF(AGRx)

ADEL F. SAMAAN,M.D., an individual
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Honorable Dale S. Fischer and
Honorable Alicia G. Rosenberg,
Magistrate Judge

Plaintiff
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vs.
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BLUE CROSS OF CALIFORNIA,dba
ANTHEM BLUE CROSS and related
entity names; and Does 1 through 100;

STIPULATED PROTECTIVE
ORDER RE PRODUCTION AND
USE OF CONFIDENTIAL
DOCUMENTS

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Defendants
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Complaint Filed: March 3, 2017

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IT IS HEREBY STIPULATED by and between the Parties Plaintiff, Adel F.
Samaan, M.D.,("Samaan") and Defendant, Blue Cross of California doing business as
Anthem Blue Cross ("Anthem");(together, the "Parties"), by and through their
respective counsel of record, that in order to facilitate the exchange of information
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

/ ~~

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C se 2.:17-cv-01730-DSO-AGF~ Document 15 Filed 04/04/17 Page 2 of 14 Page ID #:76

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and documents which may be subject to confidentiality limitations on disclosure due

2 to state and federal laws, and privacy rights, the Parties stipulate as follows:
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1.

Definition

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a.

"Action" shall refer to the above-titled action, United States District

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Court, Central District of California, Case No. 2:17-cv-01730-DSF

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(AGl~).

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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 is designated as

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"CONFIDENTIAL.""Confidential Material" means information

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

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things that qualify for protection under Federal Rule of Civil Procedure

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26(c), including but not limited to, information the Producing Party

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believes in good faith to be protected under relevant provisions of

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applicable law regarding confidential business, competitive or privacy

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information, trade secret information, non-public financial or business

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information, or private health or personal information protected from

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disclosure under the health Insurance Portability and Accountability Act

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of 1996 ("HIPPA"),42 U.S.C. §1330, et seq., California Health &Safety

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Code § 1280.15, the California Confidentiality of Medical Information

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Act, Cal. Civ. Code §56, et seq. or the Lanterman-Petris-Short Act,

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Welfare &Institution Code § 5000, et seq., which the Producing Party is

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prohibited from revealing or would not normally reveal to third parties

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except in confidence, or has undertaken with others to maintain its

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confidence. Material may also be designated as confidential if it relates

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to or describes information supplied in any form, or any portion thereof,

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that 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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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

G se 2:17-cv-01730-DSF-AGR Docurnerit 15 Filed 04/04/17 Page 3 of 14 Page ID #:77

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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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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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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C se 2:17-cv-01730-USF-ASR Uocurnent 15 Filed 04/04/17 .Page 4 of 14 Page ID #:78

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

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c.

designates Material as "Confidential" under this Order.

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"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 staff.

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f.

a~.t'e~o~ +o b.~ ~c~u.~,~ b~ -~lu's ordcr.

g.

"Producing Person" shall refer to a Person (including a Party) that
produces Material in the Action.

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"Person" shall refer to an include (a) all Parties to the Action; and (b)any
other person rec iving, roducing or disclosing Material in the Actior~~°

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

h.

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

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i.

"Order" shall refer to this Protective Order.

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2.

This Order shall govern the handling of all Material provided during the

28 course ofthe Action either voluntarily, as initial disclosures or in response to
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01730-DSF-AGR C)ocument 1,5 Filed 04/U4/17 Page 5 of 14 Page ID #x:79

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discovery requests made pursuant to the Federal Rule of Civil Procedure, or as

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

All Material shall be used only for the purpose of preparing for, and

5 conducting the Action, including any appeals thereof, and shall not be used by the
6 Parties or any other person for any other purpose. The Court reserves the right to
7 modify this Order for good cause shown.
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4.

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

9 by Court order or under the Federal Rules of Civil Procedure, if such documents or
10 things contain Confidential Material, shall bear a stamp stating "CONFIDENTIAL"
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on each page of any such document or on a sticker affixed to any such tangible thing.

12 It shall be the responsibility of the Producing Person to cause all Confidential
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Material to be stamped by the time such Confidential Material is produced. When

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confidential information is disclosed in a from not appropriate for such stamping or

15 marking, it shall be designated in writing as CONFIDENTIAL at the time it is
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delivered to receiving party.
5.

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

18 any other tangible item, including, without limitation, compact discs or DVD's,the
19 Designating Party must affix a prominent place on the exterior of the container or
2 containers in which the Information is stored the legend "Confidential". If only
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portion of the information provided warrant protection, the Designating Party, to the

22 extent applicable, shall identify the "Confidential" portion. When confidential
23 information is disclosed in a form not appropriate for such stamping or marking, it
24 shall be designated in writing as CONFIDENTIAL at the time it is delievered to the
25 receiving party.
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6.

Information or testimony disclosed at a deposition maybe designated as

27 Confidential Material by the person providing such testimony, by a Pariy, or by a
28 Producing Person, if such person either:
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01730-C~Sf=-AGR Document 15 Filed 04/04/17 Page 6 of 14 Page ID #:80

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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.

provide written notification to all Parties within thirty(30) calendar days

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of receipt ofthe transcript of the deposition specifying those pages and

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lines of the transcript that are designated as Confidential Material.

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

7 until thirty(30) calendar days after the conclusion of the deposition. Each page of
8 deposition transcript designated as Confidential Material shall be stamped, as set forth
9 in paragraph 4 above, by the court reporter or counsel.
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7.

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

12 "Confidential." During this 20-business day period, any person receiving any such
13 Material shall treat the Material as "Confidential" under the terms of this Order.
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8.

Any Material designated as "Confidential" in accordance with this Order

15 also will render "Confidential" any copies, excerpts, summaries or other documents
16 reflecting or referring to the substance or contents of such Material.
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9.

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

18 produced or disclosed without such designation by third party, within ten (10)
19 business days of production of such document(or such other time as may be agreed),
2 provided that such document contains Confidential Information of a designating Party
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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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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 7_:17-cv-01730-DSF-AGR Document 15 Filed 04!04/17 Page 7 of 14 Page ID #:81

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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 and their employees, including in-house counsel, if

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any, who are actively engaged in assisting and/or advising counsel

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regarding the conduct of this litigation. Each Party hereto

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represents that the employee have been (or will be prior to

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receiving Confidential Materials) informed ofthe terms of this

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Protective Order and have agreed (or will agree) prior to receiving

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any Confidential Materials to be bound by its terms and

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conditions;

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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 ofthe Action, subject to

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paragraph 11, below;

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(
5)

furors;

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

(
6)

vendors engaged by counsel of record to perform services in

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connection with this litigation, e.g., photocopying, imaging,

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6

computer data entry, and the like; and

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(
7)

court reporters and their employees used in connection with the
conduct of the Action.

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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

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11.

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

2 to whom Confidential Material is disclosed shall first be provided with a copy of this
3 Order and advised that such Confidential Material is being disclosed pursuant to and
4 subject to the terms of this Order and that Confidential Material may not be disclosed
5 other than pursuant to the terms hereof. It shall be the responsibility of counsel
6 providing such access to provide to each person to whom Confidential Material is
7 disclosed a copy of this Order. Prior to disclosing Confidential Material to each
8 person described in subparagraph (10)(b)(4), above, counsel shall cause each such
9 person to execute a certificate in the form attached as Exhibit A to this Order; Counsel
10 disclosing Confidential Material to persons under subparagraph (10)(b) shall be
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responsible for holding executed certificates.
12.

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

13 any Party or by any Producing Person shall be filed, independently or as an
14 attachment or exhibit to any other document, in the public court file except as
15 provided in Civil Local Rule 79-5 and the Honorable Dale S. Fischer Sealed
16 Document Pilot Program.
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13.

In the event it becomes necessary at a deposition

to show any

~
~~ 18 Confidential Material to a witness, as described in subparagraph 10(b), above, any
19 testimony related to the Confidential Material shall be deemed to be Confidential
20 Material, and the pages and lines ofthe transcript that set forth such testimony shall
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be stamped as set forth in paragraph 4 of this Order.
14.

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

23 Confidential Material does in fact contain or reflect confidential information or has
24 been properly designated as Confidential Material. There shall be no prejudice to the
25 right of a Party to seek a determination by the Court of whether any particular
2 document or information should be subject to the terms of this Order.
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15.

Unless a prompt challenge to a Designating Person's confidentiality

28 designation is necessary to avoid foreseeable substantial unfairness, unnecessary
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

Case 2:17-cv-01130-DSF-AGR Document 15 Filed 04/04/17 Page 9 of 14 Page IU #:83

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economic burdens, or a later significant disruption or delay of the litigation, a Party

2 does not waive its right to challenge a confidentiality designation by electing not to
3 amount a challenge promptly after the original designation is disclosed.
Meet and Confer.

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16.

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

6 confidentiality designation must do so in good faith and must begin the process by
7 conferring directly (in voice to voice dialogue; other forms of communication are not
8 sufficient) with counsel for the designating Person. In conferring, the challenging
9 Party must explain the basis for its belief that the confidentiality designation was not
10 proper and must give the Designating Person an opportunity to review the designated
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material, to reconsider the circumstances, and, if no change in designation is offered,

12 to explain the basis for the chosen designation. A challenging Party may proceed to
13 the next stage ofthe challenge process only if it has engaged in this meet and confer
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process first.
Judicial Intervention.

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17.

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

17 considering the justification offered by the Designating Person may file and serve a
18 motion under Civil Local Rule 37(and in compliance with Civil Local Rule 79-5 and
19 the Honorable Dale S. Fischer Sealed Document Pilot Program, if applicable) that
20 identifies the challenged material and sets forth in detail the basis for challenging.
21

Each such motion must be accompanied by a competent declaration that sets forth

22 with specificity the justification for the confidentiality designation that was given by
23 the Designating Person in the meet and confer dialogue. The burden of persuasion in
24 any such challenge proceeding shall be on the Designating Person. Phillips Ex Rel.
25 Byrd v. General MotoYs Corp., (9~' Cir. 2002)307 F.3d 1206, 1210-11. Until the
26 Court rules on the challenge, all Parties shall continue to afford the material in
27 question the level of protection to which it is entitled under the Producing Person's
28 designation.
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C

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e 2:17-cv-01730-USF-AGR document 15 Filed 04/04/17 Page 10 of 14 Page IQ #:8~t

18.

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

2 Confidential Material, by request, subpoena or otherwise, the Party or other recipient
3 of the Confidential Material from whom such access is sought, as applicable, shall
4 promptly notify the Producing Person who produced such Confidential Material of
5 such requested access. If any Receiving Person (a) is subpoenaed in another action,
6 (b)is served with a demand in another action to which he or it is a party, or(c)is
7 served with any other legal process by one not a party to this Action seeking Material
8 which was produced and designated as Confidential, the Receiving Person shall give
9 written notice, by hand, e-mail, or facsimile transmission, within five (5) business
10 days of receipt of such subpoena, demand, or legal process, to those who produced the
11

Confidential Material. The Receiving Person shall not produce any of the Producing

12 Person's Confidential Material, unless ordered by a court to do so, until the later of(a)
13 at least ten (10)business days after providing the required notice to the Producing
14 Person, or(b)the date of production specified in, or required by, the subpoena,
15 demand or other legal process. The Producing Person shall be solely responsible for
16 asserting any objection to the requested production.
17

19.

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

18 Confidential Material, shall continue to be binding throughout and after the
19 co clusion of the Action, including an ap eals. However, when offered in evidence

o►- ma;o~s r~or~ ~ha~► -tr, erN,a

,~

20

at tria Con idential Materia wi

-Iv .~ie

refs

come avai a e to the ublic

~.eux+ ordex' u.p~ ►mo+i~-v~ ar~~ e~vx.p ~l~l.~

21 ~~~ in advance of the scheduled trial dat~

reA.~s ~

ab

a ~.e.~.rc~"

rn--

In order to

22 permit a Designating Person to assess whether to move the Court for additional
23 protection, and if appropriate to file a timely motion, the proponent of the evidence
24 must give notice of intent to introduce the evidence to counsel for the Designating
25 Person at least sixty (60) calendar days before trial. Any party may then move the
26

Court in advance of the trial for an order that the evidence be received in camera or

27 under other conditions to prevent unnecessary disclosure pursuant to applicable
28

federal and local rules. The Court will determine whether the proffered evidence
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

C 'e 2:17-cv-01730-DSF-AGR Dacum~nt 15 Filed 04/04/17 Page 11 of 14 Page IQ #:85

should continue to be treated as Confidential Material and, if so, what pro~ction may
~r ~u.-b Safe ~. C ~' s-Yer o
C~
~ 2 be offered to such Material at trial. Oq F
"
~ o~i2 C~ G'r. 20~
1

g

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20.

Within sixty(60)calendar days after the conclusion ofthe Action,

4 including all appeals, all Confidential Material, copies thereof and documents
5 reflecting such Confidential Material (other than materials contained in the court's
6 unsealed/non-sealed records) shall be returned to the Producing Person who produced
7 such Confidential Material or destroyed, at the discretion ofthe Producing Person.
8

21.

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

9 termination of this Action, to enforce the terms of this Order to make such
10 amendments, or additions to this Order as it may from time to time deem appropriate
11
12

or may be appropriate upon a motion by any Party.
22.

Even after the final disposition of this litigation, the confidentiality

13 obligations imposed by this Order shall remain in effect until a Designating Party
14

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

15 be deemed to be the later of(1) dismissal of all claims and defenses in this Action,
16 with or without prejudice; and (2)final judgment herein after the completion and
17 exhaustion of all appeals, rehearings, remands, trials or review of this Action,
18 including the time limits for filing any motions or applications for extension oftime
19 pursuant to applicable law.
The protection of Confidential Material at trial

2
0

23.

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pre-trial order.

22

24.

e addressed in the

Any inadvertent disclosure or production of documents protected by the

23 attorney-client privilege or work-product protection shall not constitute a waiver of
24 either any available privilege or protection by the disclosing party. In the event that
25 the Receiving Party discovers that it has received either attorney-client privilege or
26 work-product documents, it shall bring that fact to the attention ofthe Producing
27 Party immediately upon that discovery. Upon the request of the Producing Party, the
28 Receiving Party will promptly disclose the names of any individuals who have read or
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

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1

have had access to the attorney-client privilege or work-product document. No such

2 inadvertently produced attorney-client privilege or work-product protected document
3 may be used in evidence against the Producing Party.
4

25.

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

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

hereto from the person who was not entitled to receive such information. Such

12 unauthorized disclosure shall not cause the disclosed information to lose its
13 confidential status.
14

26.

The inadvertent failure to designate information under this Stipulated

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

27.

In the event that Confidential Material is designated as Confidential after

20 production, the Receiving Party shall employ reasonable efforts to ensure that any
21

inadvertently disclosed information is subsequently treated as required pursuant to the

22 terms of this Order.
23

28.

After this Stipulation and Protective Order has been signed by counsel

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

29.

The Parties and all signatories to the Certification attached hereto as

28 E~chibit A agree to be bound by this Stipulation and Protective Order pending its
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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

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

2

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

3

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

4

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

5

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

6

immediate production of Confidential Material under the terms herein.

7
8

IT IS SO STIPULATED.

9'
10

Dated: Apri14, 2017

Respectfully submitted,
LYTTON & WILLIAMS LLP

11
12

By: /s/ Richard D. Williams

13

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

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15
16

Dated: Apri14, 2017

REED SMITH LLP

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18

By: /s/

Jonathan D. Gershon

19

Jonathan D. Gershon,

2
0

Attorneys for Defendant, Blue Cross of
California dba Anthem Blue Cross

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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS

se 2:17-cv-01730-USF-AGR aoct.~m~nt 15 Filed 04/04/17 Page 14 of 14 Page ID #:88

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TYATRiT A
i

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CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS

3

, am about to

I hereby acknowledge that I,

4 receive Confidential Material supplied in connection with the Action, captioned Adel F.
5 Samaan, M.D. v. Blue CYoss ofCalifornia dba Anthem Blue CYoss., Case No. 2:17-cv6 01730-DSF(AGI~). I certify that I understand that the Confidential Material are
7 '~ provided to me subject to the terms and restrictions of the Stipulated Protective Order
iled in this Proceeding. I have been a given a copy of the Stipulated Protective
g l~ f
9 Order; I have read it, and I agree to be bound by its terms.
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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 Protective Order. I will not copy or use, except solely for the purposes of
14 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 copies of all

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

(month),

(
year).

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(SIGNATURE)

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STIPULATED PROTECTIVE ORDER RE PRODUCTION AND USE OF CONFIDENTIAL DOCUMENTS