Dina Shapiro v. Aetna Life Insurance Company Long Term Disability Plan, et al

Filing 35

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order 34 . (See Order for complete details) (afe)

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Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY

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LAW OFFICES OF JULIA SKLAR
JULIA SKLAR (SBN: 200948)
14414 Hamlin Street
Van Nuys, CA 91401
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff DINA SHAPIRO

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

RONALD K. ALBERTS (SBN: 100017)
ADELLE GREENFIELD (SBN: 301514)
GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
)
Plaintiff,
)
)
vs.
)
)
AETNA LIFE INSURANCE
COMPANY and DOES 1 through 10, )
)
inclusive,
)
Defendants. )
)
)
)

DINA SHAPIRO,

CASE NO. 17-cv-02007-CBM (ASx)
District Judge: Consuelo B. Marshall
Magistrate Judge: Alka Sagar
AMENDED JOINT STIPULATION
FOR PROTECTIVE ORDER

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-1AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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1.

A. PURPOSES AND LIMITATIONS
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

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them

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to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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B. GOOD CAUSE STATEMENT

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This action will involve disclosure of Plaintiff’s protected information under

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the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”),

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including, but not limited to Plaintiff’s personal and medical information contained

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in the Administrative Record.

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information relating to Plaintiff’s past health status and the provision of health care

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to Plaintiff, including Plaintiffs’ medical records. Because the production and filing

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of the Administrative Record will involve disclosure and exchange of details

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regarding Plaintiff’s medical treatment and health information, which is protected

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and confidential, a protective order is necessary to ensure confidentiality and

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safeguard the privacy of Plaintiff’s medical and personal information.

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2. DEFINI TIONS

The Administrative Record is replete with

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2.1

Action: this pending federal law suit.

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2.2

Challenging Party: a Party or Non-Party that challenges the
17-cv-02007-CBM-AS
-2-

AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: confidential or proprietary

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technical, scientific, financial, business, health, or medical information (regardless

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of how it is generated, stored or maintained) or tangible things designated as

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“CONFIDENTIAL” by the producing party that qualify for protection under

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

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Statement.

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2.4

Confidential Health Information: a subset of Confidential Information

which shall be designated as “CONFIDENTIAL” and subject to all other terms and

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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conditions governing the treatment of Confidential Information.

Confidential

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Health Information shall mean information supplied in any form, or any portion

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thereof, that identifies an individual or subscriber in any manner and relates to the

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past, present, or future care, services, or supplies relating to the physical or mental

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health or condition of such individual or subscriber, the provision of health care to

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such individual or subscriber, or the past, present, or future payment for the

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provision of health care to such individual or subscriber. Confidential Health

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Information shall include, but is not limited to, claim data, claim forms, grievances,

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appeals, or other documents or records that contain any patient health information

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required to be kept confidential under any state or federal law, including 45 C.F.R.

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Parts 160 and 164 promulgated pursuant to the Health Insurance Portability and

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Accountability Act of 1996 (see 45 C.F.R. §§ 164.501 & 160.103), and the

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following subscriber, patient, or member identifiers:

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a.

names;

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b.

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

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c.

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

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

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and date of death;
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d.

telephone numbers;

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e.

fax numbers;

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f.

electronic mail addresses;

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g.

social security numbers;

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h.

medical record numbers;

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i.

health plan beneficiary numbers;

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j.

account numbers;

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k.

certificate/license numbers;

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l.

vehicle identifiers and serial numbers, including license plate
numbers;

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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m.

device identifiers and serial numbers;

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n.

web universal resource locators (“URLs”);

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o.

internet protocol (“IP”) address numbers;

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p.

biometric identifiers, including finger and voice prints;

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q.

full face photographic images and any comparable images; and/or

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r.

any other unique identifying number, characteristic, or code.

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2.5

Counsel: Outside Counsel of Record and House Counsel (as well as

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their support staff).
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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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2.7

Disclosure or Discovery Material: all items or information, regardless

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of 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

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or generated in disclosures or responses to discovery in this matter.

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2.8

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

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as an expert witness or as a consultant in this Action.
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2.9

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

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2.11 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

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

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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2.12 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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2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.14 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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2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” including any designated record of information

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produced in this action pursuant to required disclosures under any federal

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procedural rule or local rule of the Court and any supplementary disclosures

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thereto.

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2.16 Qualified Recipients: For purposes of this Order, the term Qualified
Recipient means:
a.

Outside counsel of record for any party in this action, as well as
employees of such counsel (excluding experts and investigators)

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assigned to and necessary to assist such counsel in the preparation and

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trial of this action;

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b.

assist outside counsel in the preparation and trial of this action;

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Representatives, officers, or employees of a party as necessary to

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Witnesses who testify by deposition or at trial who, if not a

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representative, officer, or employee of a party, shall be advised about

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the terms of this Order and that such Order is applicable to them in

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connection with their testimony and do not retain copies of

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Confidential Information;

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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d.

Persons who were authors or recipients of the Confidential

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Information or previously had legal access to Confidential

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Information;

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e.

Technical Advisors, expert witnesses, or consultants engaged by a

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party to assist with the preparation and trial of this action provided

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such expert or consultant agrees in writing, in the form attached at

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Appendix A, to be bound by the terms of this Order;

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f.

Any designated arbitrator or mediator who is assigned to hear this

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matter, or who has been selected by the parties, and his or her staff,

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provided that such individuals agree in writing, in the form attached at

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Appendix A, to be bound by the terms of this Order;

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g.

Stenographers and videographers engaged to transcribe or record

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depositions and/or court hearings conducted in this action provided

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that such individuals agree in writing, in the form attached at

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Appendix A, to be bound by the terms of this Order; and

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h.

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2.17 Receiving Party: a Party that receives Disclosure or Discovery Material

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The Court and its support personnel.

from a Producing Party.
2.18 Technical Advisor: any person who is not a party to this action or not
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-6AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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presently employed by the receiving party or a company affiliated through

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common ownership, who has been designated by the receiving party to receive

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another

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Information. Each party’s Technical Advisors shall be limited to such person as, in

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the judgment of that party’s counsel, are reasonably necessary for development and

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presentation of that party’s case.

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consultants retained to provide technical or other expert services such as expert

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testimony or otherwise assist in trial preparation.

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3.

party’s

Confidential

Information,

including

Confidential

Health

These persons include outside experts or

SCOPE

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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This Protective Order shall apply to the parties and to any nonparty from

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whom discovery may be sought who desires the protection of this Protective Order.

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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

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

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.Any

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use of Protected Material at trial shall be governed by the orders of the trial judge.

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This Order does not govern the use of Protected Material at trial.

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4.

DURATION

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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,

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

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

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

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time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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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

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for 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,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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Mass,

indiscriminate,

or

routinized

designations

are

prohibited.

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Designations that are shown to be clearly unjustified or that have been made for an

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improper purpose (e.g., to unnecessarily encumber the case development process

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

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Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the

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Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”), to each page that contains protected material. If only

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a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).
A Party or Non-Party that makes original documents available for inspection

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

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

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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

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

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which documents, or portions thereof, qualify for protection under this Order.

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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Then, before producing the specified documents, the Producing Party must affix

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the “CONFIDENTIAL legend” to each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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(b) for testimony given in depositions that the Designating Party identify

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the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.

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(c) for information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a prominent place on

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the exterior of the container or containers in which the information is stored the

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

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warrants protection, the Producing Party, to the extent practicable, shall identify

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the protected portion(s).

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5.3

Inadvertent Failures to Designate. In the event that a producing party

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inadvertently fails to designate any of its information pursuant to paragraph 3, it

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may later designate by notifying the receiving parties in writing.

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corrected, an inadvertent failure to designate qualified information or items does

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not, standing alone, waive the Designating Party’s right to secure protection under
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-9AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

If timely

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this Order for such material.

Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is treated

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in accordance with the provisions of this Order. It shall be understood however,

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that no person or party shall incur any liability hereunder with respect to disclosure

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that occurred prior to receipt of written notice of a belated designation.

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6.

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

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Court’s Scheduling Order.

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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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.

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6.3

The burden of persuasion in any such challenge proceeding shall be

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that

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

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

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Such Protected Material may be disclosed only to Qualified Recipients (as defined

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above), under the conditions described in this Order. When the Action has been

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terminated, a Qualified Recipient must comply with the provisions of section 13

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below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Qualified Recipient
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at a location and in a secure manner that ensures that access is limited to the

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persons authorized under this Order. All Qualified Recipients shall hold such

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information received from the disclosing party in confidence, shall use the

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information only for purposes of this action and for no other action, and shall not

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use it for any business or other commercial purpose, and shall not use it for filing

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or prosecuting any patent application (of any type) or patent reissue or

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reexamination request, and shall not disclose it to any person, except as hereinafter

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provided. All information that has been designated Confidential shall be carefully

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maintained so as to preclude access by persons who are not qualified to receive

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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such information under the terms of this Order.

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In the event that any receiving party’s briefs, memoranda, discovery

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requests/responses, or other papers of any kind which are served or filed shall

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include another party’s Confidential Information, the papers shall be appropriately

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designated and shall be treated accordingly.

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All documents, including attorney notes and abstracts, which contain another

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party’s Confidential Information, shall be handled as if they were designated as

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“CONFIDENTIAL.”

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7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party,

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to Qualified Recipients (as defined above).

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8.

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IN OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL,” including Confidential Health Information, that
Party must:
(a) promptly notify in writing the Designating Party. Such notification
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shall include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or

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order to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and
(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 Designating Party timely seeks a protective order, the Party served

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with the subpoena or court order shall not produce any information designated in

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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this action as “CONFIDENTIAL” before a determination by the court from which

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the subpoena or order issued, unless the Party has obtained the Designating

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Party’s permission. The Designating Party shall bear the burden and expense of

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seeking protection in that court of its confidential material and nothing in these

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provisions should be construed as authorizing or encouraging a Receiving Party in

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this Action to disobey a lawful directive from another court. No compulsory

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disclosure to third parties of information or material exchanged under this Order

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shall be deemed a waiver of any claim of confidentiality, except as expressly

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found by a court or judicial authority of competent jurisdiction.

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9.

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PRODUCED IN THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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

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

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

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subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
(3) make the information requested available for inspection by the

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Non-Party, if requested.

Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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

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14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject

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to the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

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the person or persons to whom unauthorized disclosures were made of all the terms

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of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL
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

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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of a communication or information covered by the attorney-client privilege or

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work product protection, the parties may incorporate their agreement in the

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stipulated protective order submitted to the court.

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12.

MISCELLANEOUS

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

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person to seek its modification by the Court at any time either through stipulation

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or Order of the Court.

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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

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

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

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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

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

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specific Protected Material at issue. If a Party's request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information

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in the public record unless otherwise instructed by the court.
-14AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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13.

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

3

60 days of a written request by the Designating Party, each Receiving Party must

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return all Protected Material to the Producing Party or destroy such material. Such

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return or destruction shall not relieve said parties or persons from any of the

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continuing obligations imposed upon them by this Order.

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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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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

2

Party must submit a written certification to the Producing Party (and, if not the

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

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

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returned or destroyed and (2) affirms that the Receiving Party has not retained any

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

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capturing any of the Protected Material. Notwithstanding this provision, Counsel

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are entitled to retain an archival copy of all pleadings, motion papers, trial,

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deposition, and hearing transcripts, legal memoranda, correspondence, deposition

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and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain Protected Material.

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archival copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 4 (DURATION). The provisions of this

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paragraph shall not be binding on the United States, any insurance company, or

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any other party to the extent that such provisions conflict with applicable Federal

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or State law. The Department of Justice, any insurance company, or any other

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party shall notify the producing party in writing of any such conflict it identifies in

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connection with a particular matter so that such matter can be resolved either by

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the parties or by the Court.

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-15AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

As used in this

Any such

17-cv-02007-CBM-AS

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14.

2

JURISDICTION TO ENFORCE PROTECTIVE ORDER
After the termination of this action, the Court will continue to have

3

jurisdiction to enforce this Order.

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15.

CONFIDENTIALITY OF PARTY’S OWN DOCUMENTS
Nothing herein shall affect the right of the designating party to disclose to its

6

officers, directors, employees, attorneys, consultants or experts, or to any other

7

person, its own information. Such disclosure shall not waive the protections of this

8

Protective Order and shall not entitle other parties or their attorneys to disclose

9

such information in violation of it, unless by such disclosure of the designating

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

5

party the information becomes public knowledge. Similarly, the Protective Order

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shall not preclude a party from showing its own information, including its own

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information that is filed under seal by a party, to its officers, directors, employees,

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attorneys, consultants or experts, or to any other person.

14 16.

BINDING EFFECT

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This Order shall be binding upon the parties and their attorneys, successors,

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executors, personal representatives, administrators, heirs, legal representatives,

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assigns, subsidiaries, divisions, employees, agents, independent contractors, or

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other persons or organizations over which they have control.

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///

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///

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///

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///

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///

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///

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///

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///

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///

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///
-16AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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17.

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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5

Any violation of this Order may be punished by any and all appropriate

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: February 26, 2018

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7

By: /s/ Adelle Greenfield
Ronald K. Alberts
Adelle Greenfield
Attorneys for Defendant
AETNA LIFE INSURANCE
COMPANY

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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11

GORDON REES SCULLY
MANSUKHANI, LLP

Dated: February 26, 2018

LAW OFFICES OF JULIA SKLAR

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By: /s/ Julia Sklar
Julia Sklar
Attorneys for Plaintiff
DINA SHAPIRO

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Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures, Adelle
Greenfield hereby attests that all other signatories listed concur in the content of this document
and have authorized its filing.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: _______________
February 28, 2018

__________________________
/ s / Alka Sagar
HON. ALKA SAGAR
United States Magistrate Judge

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-17AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

4

______________________ [print or type full address], declare under penalty of

5

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

6

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

7

California on [date] in the case of Dina Shapiro v. Aetna Life Insurance Company,

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Case No. 17-cv-02007-CBM-AS. I have received a copy of the Protective Order in

9

this action. I have carefully read and understand the provisions of the Protective

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

3

Order. I agree to comply with and to be bound by all the terms of this Stipulated

11

Protective Order and I understand and acknowledge that failure to so comply could

12

expose me to sanctions and punishment in the nature of contempt. I solemnly

13

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

14

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

15

compliance with the provisions of this Order. Promptly upon termination of the

16

relevant action, I will either return in full to the outside counsel for the party by

17

whom I am employed or completely destroy all documents and things designated

18

as “Confidential” that came into my possession, and all documents and things that

19

I have prepared relating thereto.

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undertaking and the provisions of the Protective Order continue past the

21

termination of the action. I further agree to submit to the jurisdiction of the

22

United States District Court for the Central District of California for the purpose

23

of enforcing the terms of this Stipulated Protective Order, even if such

24

enforcement proceedings occur after termination of this action. I hereby appoint

25

_________________________

26

_____________________________ [print or type full address and telephone

27

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

__________________________

[print

or

type

full

name],

of

I understand that the obligations of this

[print

or

type

full

name]

of

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-18AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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action or any proceedings related to enforcement of this Stipulated Protective

2

Order.

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Date: _____________________________________

4

City and State where sworn and signed:________________________________

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6

Printed name:

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8

Signature:

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Gordon Rees Scully Mansukhani, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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1134216/36912070v.1

-19AMENDED JOINT STIPULATION FOR PROTECTIVE ORDER

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