Catherine Prater v. Wright Medical Technology Inc. et al

Filing 54

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 53 . (see order for details) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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Attorneys at Law
Beverly Hills, California

KIESEL LAW LLP

11 CATHERINE PRATER,

Case No. 2:17-cv-03196-CAS (KSx)

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STIPULATED PROTECTIVE
ORDER

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Plaintiff,
v.

WRIGHT MEDICAL TECHNOLOGY,
15 INC., a Delaware corporation; and
MICROPORT ORTHOPEDICS, INC.,
16 a Delaware corporation,
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Defendants.
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Magistrate Judge: Hon. Karen L.
Stevenson
Crtrm.: 580 – 5th Floor
Trial Date:

May 7, 2019

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STIPULATED PROTECTIVE ORDER

1 1.

A. PURPOSES AND LIMITATIONS

2

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

3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
6 Stipulated Protective Order. The parties acknowledge that this Order does not confer
7 blanket protections on all disclosures or responses to discovery and that the protection it
8 affords from public disclosure and use extends only to the limited information or items
9 that are entitled to confidential treatment under the applicable legal principles. The
10 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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11 Protective Order does not entitle them to file confidential information under seal; Civil
12 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
13 will be applied when a party seeks permission from the Court to file material under
14 seal.
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B. GOOD CAUSE STATEMENT

16

This action is likely to involve trade secrets, customer and pricing lists and other

17 valuable research, design, development, manufacturing, commercial, financial,
18 technical and/or proprietary information, as well as personal medical records and health
19 information, for which special protection from public disclosure and from use for any
20 purpose other than prosecution of this action is warranted. Such confidential and
21 proprietary materials and information consist of, among other things, confidential
22 business or financial information, information regarding confidential business practices,
23 or other confidential research, design, development, manufacturing or commercial
24 information (including information implicating privacy rights of third parties), personal
25 medical records, information otherwise generally unavailable to the public, or which
26 may be privileged or otherwise protected from disclosure under state or federal statutes,
27 court rules, case decisions, or common law. Accordingly, to expedite the flow of
28 information, to facilitate the prompt resolution of disputes over confidentiality of
2

STIPULATED PROTECTIVE ORDER

1 discovery materials, to adequately protect information the parties are entitled to keep
2 confidential, to ensure that the parties are permitted reasonable necessary uses of such
3 material in preparation for and in the conduct of trial, to address their handling at the
4 end of the litigation, and serve the ends of justice, a protective order for such
5 information is justified in this matter. It is the intent of the parties that information will
6 not be designated as confidential for tactical reasons and that nothing be so designated
7 without a good faith belief that it has been maintained in a confidential, non-public
8 manner, and there is good cause why it should not be part of the public record of this
9 case.

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DEFINITIONS

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KIESEL LAW LLP

10 2.

2.1

Action: This pending federal lawsuit, Catherine Prater v. Wright Medical

12 Technology, Inc., et al., Case No. 2:17-cv-03196-CAS (KSx).
13

2.2

Challenging Party: a Party or Non-Party that challenges the designation of

14 information or items under this Order.
15

2.3

“CONFIDENTIAL” Information or Items: information (regardless of how

16 it is generated, stored or maintained) or tangible things that qualify for protection under
17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
18 Statement.
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2.4

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

20 support staff).
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2.5

Designating Party: a Party or Non-Party that designates information or

22 items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY.”
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2.6

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

26 the medium or manner in which it is generated, stored, or maintained (including, among
27 other things, testimony, transcripts, and tangible things), that are produced or generated
28 in disclosures or responses to discovery in this matter.
3

STIPULATED PROTECTIVE ORDER

1

2.7

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

2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
3 expert witness or as a consultant in this Action.
4

2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

5 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,
6 representing trade secret, business information or other information, disclosure of
7 which to another Party or Non-Party would create a substantial risk of serious harm that
8 could not be avoided by less restrictive means.
9

2.9

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

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

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11 counsel.
12

2.10 Non-Party: any natural person, partnership, corporation, association, or

13 other legal entity not named as a Party to this action.
14

2.11 Outside Counsel of Record: attorneys who are not employees of a party to

15 this Action but are retained to represent or advise a party to this Action and have
16 appeared in this Action on behalf of that party or are affiliated with a law firm which
17 has appeared on behalf of that party, and includes support staff.
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2.12 Party: any party to this Action, including Catherine Prater, Wright Medical

19 Technology, Inc., and MicroPort Orthopedics, Inc. all of their officers, directors,
20 employees, consultants, retained experts, and Outside Counsel of Record (and their
21 support staffs).
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2.13 Producing Party: a Party or Non-Party that produces Disclosure or

23 Discovery Material in this Action.
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2.14 Professional Vendors: persons or entities that provide litigation support

25 services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
27 their employees and subcontractors.
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2.15 Protected Material: any Disclosure or Discovery Material that is
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STIPULATED PROTECTIVE ORDER

1 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL –
2 ATTORNEYS’ EYES ONLY.”
3

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

4 from a Producing Party.
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2.17 Bower Action: The federal lawsuit pending before this Court, John Bower

6 v. Wright Medical Technology, Inc., et al., Case No. 2:17-cv-03178-CAS (KSx). On
7 January 3, 2018, the Court consolidated this Action and the Bower Action for pretrial
8 purposes only.
9 3.
10

SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

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11 Material (as defined above), but also (1) any information copied or extracted from
12 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
13 Material; and (3) any testimony, conversations, or presentations by Parties or their
14 Counsel that might reveal Protected Material.
15

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

16 judge. This Order does not govern the use of Protected Material at trial.
17

Any Protected Material subject to this Order is for use in this Action and the

18 Bower Action only, and may not be used in any other litigation or other proceeding.
19 No attorneys or any other persons, other than the attorneys of record for Plaintiff and
20 Defendants in this Action or the Bower Action or any other person authorized to receive
21 and/or use Protected Material pursuant to this Order, are entitled to receive and/or use
22 any Protected Material subject to this Order. Counsel for Plaintiff and Defendants in
23 this Action and/or the Bower Action, and any other person authorized to receive and/or
24 use Protected Material pursuant to this Order, are strictly prohibited from sharing any
25 Protected Material subject to this Order with any attorney(s) or other persons who are
26 not a part of this Action or the Bower Action.
27 4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations
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STIPULATED PROTECTIVE ORDER

1 imposed by this Order shall remain in effect until a Designating Party agrees otherwise
2 in writing or a court order otherwise directs. Final disposition shall be deemed to be the
3 later of (1) dismissal of all claims and defenses in this Action, with or without
4 prejudice; and (2) final judgment herein after the completion and exhaustion of all
5 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
6 for filing any motions or applications for extension of time pursuant to applicable law.
7 5.

DESIGNATING PROTECTED MATERIAL

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5.1

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

Exercise of Restraint and Care in Designating Material for Protection.

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

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11 qualifies under the appropriate standards. The Designating Party must designate for
12 protection only those parts of material, documents, items, or oral or written
13 communications that qualify so that other portions of the material, documents, items, or
14 communications for which protection is not warranted are not swept unjustifiably
15 within the ambit of this Order.
16

Mass, indiscriminate, or routinized designations are prohibited. Designations that

17 are shown to be clearly unjustified or that have been made for an improper purpose
18 (e.g., to unnecessarily encumber the case development process or to impose
19 unnecessary expenses and burdens on other parties) may expose the Designating Party
20 to sanctions.
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If it comes to a Designating Party’s attention that information or items that it

22 designated for protection do not qualify for protection that Designating Party must
23 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 this

25 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
26 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
27 must be clearly so designated before the material is disclosed or produced.
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Designation in conformity with this Order requires:
6

STIPULATED PROTECTIVE ORDER

1

(a)

for information in documentary form (e.g., paper or electronic

2 documents, but excluding transcripts of depositions or other pretrial or trial
3 proceedings), that the Producing Party affix at a minimum, the legend
4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or the legend “HIGHLY
5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter “ATTORNEYS’
6 EYES ONLY legend”), to each page that contains protected material. If only a portion
7 or portions of the material on a page qualifies for protection, the Producing Party also
8 must clearly identify the protected portion(s) (e.g., by making appropriate markings in
9 the margins).
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A Party or Non-Party that makes original documents available for inspection

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11 need not designate them for protection until after the inspecting Party has indicated
12 which documents it would like copied and produced. During the inspection and before
13 the designation, all of the material made available for inspection shall be deemed
14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting
15 Party has identified the documents it wants copied and produced, the Producing Party
16 must determine which documents, or portions thereof, qualify for protection under this
17 Order. Then, before producing the specified documents, the Producing Party must affix
18 the “CONFIDENTIAL legend” or “ATTORNEYS’ EYES ONLY legend” to each page
19 that contains Protected Material. If only a portion or portions of the material on a page
20 qualifies for protection, the Producing Party also must clearly identify the protected
21 portion(s) (e.g., by making appropriate markings in the margins).
22

(b)

for testimony given in depositions, that the Designating Party

23 identify the Disclosure or Discovery Material on the record, before the close of the
24 deposition, all protected testimony.
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(c)

for information produced in some form other than documentary and

26 for any other tangible items, that the Producing Party affix in a prominent place on the
27 exterior of the container or containers in which the information is stored the legend
28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
7

STIPULATED PROTECTIVE ORDER

1 If only a portion or portions of the information warrants protection, the Producing
2 Party, to the extent practicable, shall identify the protected portion(s).
3

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

4 failure to designate qualified information or items does not, standing alone, waive the
5 Designating Party’s right to secure protection under this Order for such material. Upon
6 timely correction of a designation, the Receiving Party must make reasonable efforts to
7 assure that the material is treated in accordance with the provisions of this Order.
8 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

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

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

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11 Order.
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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

13 resolution process under Local Rule 37.1 et seq.
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6.3

Burden of Persuasion. The burden of persuasion in any such challenge

15 proceeding shall be on the Designating Party. Frivolous challenges, and those made for
16 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
17 other parties) may expose the Challenging Party to sanctions. Unless the Designating
18 Party has waived or withdrawn the confidentiality designation, all parties shall continue
19 to afford the material in question the level of protection to which it is entitled under the
20 Producing Party’s designation until the Court rules on the challenge.
21 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

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

23 disclosed or produced by another Party or by a Non-Party in connection with this
24 Action only for prosecuting, defending, or attempting to settle this Action and/or the
25 Bower Action. Such Protected Material may be disclosed only to the categories of
26 persons and under the conditions described in this Order. When the Action has been
27 terminated, a Receiving Party must comply with the provisions of section 13 below
28 (FINAL DISPOSITION). Protected Material must be stored and maintained by a
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STIPULATED PROTECTIVE ORDER

1 Receiving Party at a location and in a secure manner that ensures that access is limited
2 to the persons authorized under this Order.
3

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

4 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
5 may disclose any information or item designated “CONFIDENTIAL” only to:
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(a)

the Receiving Party’s Outside Counsel of Record in this Action

7 and/or the Bower Action, as well as employees of said Outside Counsel of Record to
8 whom it is reasonably necessary to disclose the information for this Action and/or the
9 Bower Action;
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(b)

the officers, directors, and employees (including House Counsel) of

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11 the Receiving Party to whom disclosure is reasonably necessary for this Action and/or
12 the Bower Action;
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(c)

Experts (as defined in this Order) of the Receiving Party to whom

14 disclosure is reasonably necessary for this Action and/or the Bower Action and who
15 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d)

the Court and its personnel;

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(e)

Court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and Professional

19 Vendors to whom disclosure is reasonably necessary for this Action and/or the Bower
20 Action and who have signed the “Acknowledgment and Agreement to Be Bound”
21 (Exhibit A);
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(g)

the author or recipient of a document containing the information or a

23 custodian or other person who otherwise possessed or knew the information;
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(h)

during their depositions, witnesses, and attorneys for witnesses, in

25 the Action and/or the Bower Action to whom disclosure is reasonably necessary
26 provided: (1) the deposing party requests that the witness sign the form attached as
27 Exhibit A hereto; and (2) they will not be permitted to keep any confidential
28 information unless they sign the “Acknowledgment and Agreement to Be Bound”
9

STIPULATED PROTECTIVE ORDER

1 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court.
2 Pages of transcribed deposition testimony or exhibits to depositions that reveal
3 Protected Material may be separately bound by the court reporter and may not be
4 disclosed to anyone except as permitted under this Stipulated Protective Order; and
5

(i)

any mediator or settlement officer, and their supporting personnel,

6 mutually agreed upon by any of the parties engaged in settlement discussions.
7

7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

8 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in
9 writing by the Designating Party, any information or item designated “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:

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11

(a)

the Receiving Party’s Outside Counsel of Record in this Action

12 and/or the Bower Action, as well as employees of said Outside Counsel of Record to
13 whom it is reasonably necessary to disclose the information for this Action and/or the
14 Bower Action;
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(b)

the officers, directors, and employees (including House Counsel) of

16 the Receiving Party to whom disclosure is reasonably necessary for this Action and/or
17 the Bower Action;
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(c)

Experts (as defined in this Order) of the Receiving Party to whom

19 disclosure is reasonably necessary for this Action and/or the Bower Action, who have
20 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d)

the Court and its personnel;

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(e)

Court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and Professional

24 Vendors to whom disclosure is reasonably necessary for this Action and/or the Bower
25 Action and who have signed the “Acknowledgment and Agreement to Be Bound”
26 (Exhibit A);
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(g)

the author or recipient of a document containing the information or a

28 custodian or other person who otherwise possessed or knew the information;
10

STIPULATED PROTECTIVE ORDER

1

(h)

during their depositions, witnesses, and attorneys for witnesses, in

2 the Action and/or the Bower Action to whom disclosure is reasonably necessary
3 provided: (1) the deposing party requests that the witness sign the form attached as
4 Exhibit A hereto; and (2) they will not be permitted to keep any confidential
5 information unless they sign the “Acknowledgment and Agreement to Be Bound”
6 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court.
7 Pages of transcribed deposition testimony or exhibits to depositions that reveal
8 Protected Material may be separately bound by the court reporter and may not be
9 disclosed to anyone except as permitted under this Stipulated Protective Order; and
10

(i)

any mediator or settlement officer, and their supporting personnel,

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11 mutually agreed upon by any of the parties engaged in settlement discussions.
12 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

13 OTHER LITIGATION
14

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

15 compels disclosure of any information or items designated in this Action as
16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
17 that Party must:
18

(a)

promptly notify in writing the Designating Party. Such notification shall

19 include a copy of the subpoena or court order;
20

(b)

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

21 issue in the other litigation that some or all of the material covered by the subpoena or
22 order is subject to this Protective Order. Such notification shall include a copy of this
23 Stipulated Protective Order; and
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(c)

cooperate with respect to all reasonable procedures sought to be pursued

25 by the Designating Party whose Protected Material may be affected. If the Designating
26 Party timely seeks a protective order, the Party served with the subpoena or court order
27 shall not produce any information designated in this action as “CONFIDENTIAL” or
28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination
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STIPULATED PROTECTIVE ORDER

1 by the court from which the subpoena or order issued, unless the Party has obtained the
2 Designating Party’s permission. The Designating Party shall bear the burden and
3 expense of seeking protection in that court of its confidential material and nothing in
4 these provisions should be construed as authorizing or encouraging a Receiving Party
5 in this Action to disobey a lawful directive from another court.
6 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

7 IN THIS LITIGATION
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(a)

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

9 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

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11 Non-Parties in connection with this litigation is protected by the remedies and relief
12 provided by this Order. Nothing in these provisions should be construed as prohibiting
13 a Non-Party from seeking additional protections.
14

(b)

In the event that a Party is required, by a valid discovery request, to

15 produce a Non-Party’s confidential information in its possession, and the Party is
16 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
17 information, then the Party shall:
18

(1)

promptly notify in writing the Requesting Party and the Non-Party

19 that some or all of the information requested is subject to a confidentiality agreement
20 with a Non-Party;
21

(2)

promptly provide the Non-Party with a copy of the Stipulated

22 Protective Order in this Action, the relevant discovery request(s), and a reasonably
23 specific description of the information requested; and
24

(3)

make the information requested available for inspection by the Non-

25 Party, if requested.
26

(c)

If the Non-Party fails to seek a protective order from this Court within 14

27 days of receiving the notice and accompanying information, the Receiving Party may
28 produce the Non-Party’s confidential information responsive to the discovery request.
12

STIPULATED PROTECTIVE ORDER

1 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
2 any information in its possession or control that is subject to the confidentiality
3 agreement with the Non-Party before a determination by the Court. Absent a court
4 order to the contrary, the Non-Party shall bear the burden and expense of seeking
5 protection in this Court of its Protected Material.
6 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

7

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

8 Protected Material to any person or in any circumstance not authorized under this
9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
10 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

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11 all unauthorized copies of the Protected Material, (c) inform the person or persons to
12 whom unauthorized disclosures were made of all the terms of this Order, and (d)
13 request such person or persons to execute the “Acknowledgment and Agreement to Be
14 Bound” that is attached hereto as Exhibit A.
15 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

16

PROTECTED MATERIAL

17

When a Producing Party gives notice to Receiving Parties that certain

18 inadvertently produced material is subject to a claim of privilege or other protection, the
19 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21 may be established in an e-discovery order that provides for production without prior
22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
23 parties reach an agreement on the effect of disclosure of a communication or
24 information covered by the attorney-client privilege or work product protection, the
25 parties may incorporate their agreement in the stipulated protective order submitted to
26 the court.
27 12.

MISCELLANEOUS

28

12.1 Right to Further Relief. Nothing in this Order abridges the right of any
13

STIPULATED PROTECTIVE ORDER

1 person to seek its modification by the Court in the future.
2

12.2 Right to Assert Other Objections. By stipulating to the entry of this

3 Protective Order no Party waives any right it otherwise would have to object to
4 disclosing or producing any information or item on any ground not addressed in this
5 Stipulated Protective Order. Similarly, no Party waives any right to object on any
6 ground to use in evidence of any of the material covered by this Protective Order.
7

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

8 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
9 only be filed under seal pursuant to a court order authorizing the sealing of the specific
10 Protected Material at issue. If a Party’s request to file Protected Material under seal is

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11 denied by the Court, then the Receiving Party may file the information in the public
12 record unless otherwise instructed by the Court.
13 13.

FINAL DISPOSITION

14

After the final disposition of this Action, as defined in paragraph 4, within 60

15 days of a written request by the Designating Party, each Receiving Party must return all
16 Protected Material to the Producing Party or destroy such material. As used in this
17 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
18 summaries, and any other format reproducing or capturing any of the Protected
19 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
20 must submit a written certification to the Producing Party (and, if not the same person
21 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
22 category, where appropriate) all the Protected Material that was returned or destroyed
23 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
24 compilations, summaries or any other format reproducing or capturing any of the
25 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
26 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
28 work product, and consultant and expert work product, even if such materials contain
14

STIPULATED PROTECTIVE ORDER

1 Protected Material. Any such archival copies that contain or constitute Protected
2 Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
3 14.

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

4 including, without limitation, contempt proceedings and/or monetary sanctions.
5
6

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7
8 DATED: April 6, 2018

Respectfully submitted,

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KIESEL LAW LLP

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Attorneys at Law
Beverly Hills, California

KIESEL LAW LLP

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By:

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/s/ Helen Zukin
Paul R. Kiesel
Helen Zukin
Jeffrey A. Koncius
Melanie Meneses Palmer
Cherisse Heidi A. Cleofe
Attorneys for Plaintiff
Catherine Prater

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18 DATED: April 6, 2018

DUANE MORRIS LLP

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By:

/s/ Ryan J. O’Neil
J. Robert Renner
Dana J. Ash
J. Scott Kramer
Sean K. Burke
Ryan J. O’Neil
Katherine L. Nichols

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Attorneys for Defendants
Wright Medical Technology, Inc., and
MicroPort Orthopedics, Inc.

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28 / / /
15

STIPULATED PROTECTIVE ORDER

1

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

2
3 DATED: April 11, 2018
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Hon. Karen L. Stevenson
United States Magistrate Judge

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Attorneys at Law
Beverly Hills, California

KIESEL LAW LLP

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STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4 _________________ [print or type full address], declare under penalty of perjury that I
5 have read in its entirety and understand the Stipulated Protective Order that was issued
6 by the United States District Court for the Central District of California on
7 _________________ [date] in the case of Catherine Prater v. Wright Medical
8 Technology, Inc., et al. Case No. 2:17-cv-03196-CAS (KSx). I agree to comply with
9 and to be bound by all the terms of this Stipulated Protective Order and I understand
10 and acknowledge that failure to so comply could expose me to sanctions and

Attorneys at Law
Beverly Hills, California

KIESEL LAW LLP

11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
12 manner any information or item that is subject to this Stipulated Protective Order to any
13 person or entity except in strict compliance with the provisions of this Order.
14

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

15 the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint __________________________ [print or
18 type full name] of _______________________________________ [print or type full
19 address and telephone number] as my California agent for service of process in
20 connection with this action or any proceedings related to enforcement of this Stipulated
21 Protective Order.
22
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: _______________________________
26
27 Signature: __________________________________
28
17

STIPULATED PROTECTIVE ORDER