Healthcare Ally Management of California, LLC et al v. Blue Cross Blue Shield of Minnesota et al

Filing 14

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. re Stipulation for Protective Order 13 . (sbou)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) HEALTHCARE ALLY MANAGEMENT ) Case No.: 2:17-cv-05320-DMG (AFM) ) OF CALIFORNIA, LLC, ) STIPULATED PROTECTIVE ORDER1 ) Plaintiff, ) ) vs. ) ) BLUECROSS BLUE SHIELD OF ) ) MINNESOTA, ) ) Defendant(s) ) ) 18 19 1. 20 A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 21 22 proprietary or private information for which special protection from public 23 disclosure and from use for any purpose other than prosecuting this litigation may 24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 25 26 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 27 28 STIPULATED PROTECTIVE ORDER- 1 1 the following Stipulated Protective Order. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to discovery and 3 that the protection it affords from public disclosure and use extends only to the limited 4 information or items that are entitled to confidential treatment under the applicable legal 5 principles. 6 B. 7 GOOD CAUSE STATEMENT This action pleads claims against Defendant BCBSM, Inc., d/b/a/ Blue Cross 8 and Blue Shield of Minnesota, for payment for services rendered by a medical 9 provider to its patients for breach of quantum meruit, oral contract, and promissory 10 estoppel. Based on the nature of the claims, the parties may be required to 11 exchange and disclose patients’ protected health information (“PHI”) to each other 12 and this Court. In order to comply with the terms of Health Insurance Portability 13 and Accountability Act of 1996 (“HIPAA”), a stipulated protective order is required 14 so that such PHI may be used for purposes of this litigation. 15 This action is likely to involve not only PHI requiring protection pursuant to 16 HIPAA, but also trade secrets, customer and pricing lists and other valuable research, 17 development, commercial, financial, technical and/or proprietary information for which 18 special protection from public disclosure and from use for any purpose other than 19 prosecution of this action is warranted. Such confidential and proprietary materials and 20 information consist of, among other things, confidential business or financial 21 information, information regarding confidential business practices, or other confidential 22 research, development, or commercial information (including information implicating 23 privacy rights of third parties), information otherwise generally unavailable to the public, 24 or which may be privileged or otherwise protected from disclosure under state or federal 25 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of 26 information, to facilitate the prompt resolution of disputes over confidentiality of 27 discovery materials, to adequately protect information the parties are entitled to keep 28 STIPULATED PROTECTIVE ORDER- 2 1 confidential, to ensure that the parties are permitted reasonable necessary uses of such 2 material in preparation for and in the conduct of trial, to address their handling at the end 3 of the litigation, and serve the ends of justice, a protective order for such information is 4 justified in this matter. It is the intent of the parties that information will not be 5 designated as confidential for tactical reasons and that nothing be so designated without a 6 good faith belief that it has been maintained in a confidential, non-public manner, and 7 there is good cause why it should not be part of the public record of this case. 8 C. 9 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information under 11 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 12 standards that will be applied when a party seeks permission from the court to file 13 material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, good 16 cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 19 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 20 good cause showing), and a specific showing of good cause or compelling reasons with 21 proper evidentiary support and legal justification, must be made with respect to Protected 22 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure 23 or Discovery Material as CONFIDENTIAL does not— without the submission of 24 competent evidence by declaration, establishing that the material sought to be filed under 25 seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 compelling reasons, not only good cause, for the sealing must be shown, and the relief 28 STIPULATED PROTECTIVE ORDER- 3 1 sought shall be narrowly tailored to serve the specific interest to be protected. 2 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677–79 (9th Cir. 2010). For each 3 item or type of information, document, or thing sought to be filed or introduced under 4 seal in connection with a dispositive motion or trial, the party seeking protection must 5 articulate compelling reasons, supported by specific facts and legal justification, for the 6 requested sealing order. Again, competent evidence supporting the application to file 7 documents under seal must be provided by declaration. 8 9 Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions can be redacted. 10 If documents can be redacted, then a redacted version for public viewing, omitting only 11 the confidential, privileged, or otherwise protectable portions of the document, shall be 12 filed. Any application that seeks to file documents under seal in their entirety should 13 include an explanation of why redaction is not feasible. 14 2. DEFINITIONS 15 2.1 Action: Healthcare Ally Management of California, LLC. v BlueCross 16 17 18 19 BlueShield of Minnesota, Case No.: 2:17-cv-05320-DMG (AFM). 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 20 is generated, stored or maintained) or tangible things that qualify for protection under 21 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 22 Statement. 23 24 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items 26 that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 STIPULATED PROTECTIVE ORDER- 4 2.6 1 Disclosure or Discovery Material: all items or information, regardless of the 2 medium or manner in which it is generated, stored, or maintained (including, among 3 other things, testimony, transcripts, and tangible things), that are produced or generated in 4 disclosures or responses to discovery in this matter. 2.7 5 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 7 expert witness or as a consultant in this Action. 2.8 8 9 House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9 10 11 House Counsel: attorneys who are employees of a party to this Action. Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 12 13 this Action but are retained to represent or advise a party to this Action and have 14 appeared in this Action on behalf of that party or are affiliated with a law firm that has 15 appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 16 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 20 Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation support 21 22 services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 24 their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is designated 25 26 as “CONFIDENTIAL.” Any PHI produced even if it is not designated as “Confidential.” 27 /// 28 STIPULATED PROTECTIVE ORDER- 5 1 2 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or extracted 6 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 7 Material; and (3) any testimony, conversations, or presentations by Parties or their 8 Counsel that might reveal Protected Material. 9 10 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 Once a case proceeds to trial, information that was designated as 13 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 14 an exhibit at trial becomes public and will be presumptively available to all members of 15 the public, including the press, unless compelling reasons supported by specific factual 16 findings to proceed otherwise are made to the trial judge in advance of the trial. See 17 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 18 documents produced in discovery from “compelling reasons” standard when merits- 19 related documents are part of court record). Accordingly, the terms of this protective 20 order do not extend beyond the commencement of the trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that qualifies 25 under the appropriate standards. The Designating Party must designate for protection 26 only those parts of material, documents, items or oral or written communications that 27 qualify so that other portions of the material, documents, items or communications for 28 STIPULATED PROTECTIVE ORDER- 6 1 which protection is not warranted are not swept unjustifiably within the ambit of this 2 Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations that 4 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 5 to unnecessarily encumber the case development process or to impose unnecessary 6 expenses and burdens on other parties) may expose the Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in this 11 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 12 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 13 must be clearly so designated before the material is disclosed or produced. 14 Designation in conformity with this Order requires: (a) 15 for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 17 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 18 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 19 portion of the material on a page qualifies for protection, the Producing Party also must 20 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 21 margins). 22 A Party or Non-Party that makes original documents available for inspection need 23 not designate them for protection until after the inspecting Party has indicated which 24 documents it would like copied and produced. During the inspection and before the 25 designation, all of the material made available for inspection shall be deemed 26 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 27 copied and produced, the Producing Party must determine which documents, or portions 28 STIPULATED PROTECTIVE ORDER- 7 1 thereof, qualify for protection under this Order. Then, before producing the specified 2 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 3 that contains Protected Material. If only a portion of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 5 by making appropriate markings in the margins). (b) 6 for testimony given in depositions that the Designating Party 7 identifies the Disclosure or Discovery Material on the record, before the close of the 8 deposition all protected testimony. (c) 9 for information produced in some form other than documentary and 10 for any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 13 the Producing Party, to the extent practicable, shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 15 to designate qualified information or items does not, standing alone, waive the 16 Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 22 of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 25 26 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 28 STIPULATED PROTECTIVE ORDER- 8 1 6.4 The burden of persuasion in any such challenge proceeding shall be on the 2 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 3 harass or impose unnecessary expenses and burdens on other parties) may expose the 4 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 5 the confidentiality designation, all parties shall continue to afford the material in question 6 the level of protection to which it is entitled under the Producing Party’s designation until 7 the Court rules on the challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this Action 11 only for prosecuting, defending or attempting to settle this Action. Such Protected 12 Material may be disclosed only to the categories of persons and under the conditions 13 described in this Order. When the Action has been terminated, a Receiving Party must 14 comply with the provisions of section 13 below (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 19 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 20 may disclose any information or item designated “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 22 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 23 to disclose the information for this Action; 24 25 26 27 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the 28 STIPULATED PROTECTIVE ORDER- 9 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff; 4 (f) professional jury or trial consultants, mock jurors, and Professional 5 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 6 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) 7 8 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) 9 during their depositions, witnesses, and attorneys for witnesses, in the 10 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 11 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 12 be permitted to keep any confidential information unless they sign the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by 14 the Designating Party or ordered by the court. Pages of transcribed deposition testimony 15 or exhibits to depositions that reveal Protected Material may be separately bound by the 16 court reporter and may not be disclosed to anyone except as permitted under this 17 Stipulated Protective Order; and (i) 18 19 20 21 22 any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that 23 compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL,” that Party must: 25 26 27 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 28 STIPULATED PROTECTIVE ORDER- 10 1 to issue in the other litigation that some or all of the material covered by the subpoena or 2 order is subject to this Protective Order. Such notification shall include a copy of this 3 Stipulated Protective Order; and (c) 4 cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be affected. If the 6 Designating Party timely seeks a protective order, the Party served with the subpoena or 7 court order shall not produce any information designated in this action as 8 “CONFIDENTIAL” before a determination by the court from which the subpoena or 9 order issued, unless the Party has obtained the Designating Party’s permission. The 10 Designating Party shall bear the burden and expense of seeking protection in that court of 11 its confidential material and nothing in these provisions should be construed as 12 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 13 from another court. 14 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action. Information (other than PHI produced) shall be subject to the 18 terms of this Order if it is designated as “CONFIDENTIAL.” PHI produced shall be 19 treated as Confidential even in the absence of being designated as “Confidential.” Such 20 information produced by Non-Parties in connection with this litigation is protected by the 21 remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is subject 25 to an agreement with the Non-Party not to produce the Non-Party’s confidential 26 information, then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the Non- 28 STIPULATED PROTECTIVE ORDER- 11 1 Party that some or all of the information requested is subject to a confidentiality 2 agreement with a Non-Party; (2) 3 promptly provide the Non-Party with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and a reasonably 5 specific description of the information requested; and (3) 6 7 make the information requested available for inspection by the Non-Party, if requested. (c) 8 If the Non-Party fails to seek a protective order from this court within 9 14 days of receiving the notice and accompanying information, the Receiving Party may 10 produce the Non-Party’s confidential information responsive to the discovery request. If 11 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 12 information in its possession or control that is subject to the confidentiality agreement 13 with the Non-Party before a determination by the court. Absent a court order to the 14 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 15 court of its Protected Material. 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 Protected Material to any person or in any circumstance not authorized under this 19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 20 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 21 all unauthorized copies of the Protected Material, (c) inform the person or persons to 22 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 23 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 24 that is attached hereto as Exhibit A. 25 26 27 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently 28 STIPULATED PROTECTIVE ORDER- 12 1 produced material is subject to a claim of privilege or other protection, the obligations of 2 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 3 This provision is not intended to modify whatever procedure may be established in an e- 4 discovery order that provides for production without prior privilege review. Pursuant to 5 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 6 effect of disclosure of a communication or information covered by the attorney-client 7 privilege or work product protection, the parties may incorporate their agreement in the 8 stipulated protective order submitted to the court. 9 10 11 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12 12.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order, no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in this 15 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 16 to use in evidence of any of the material covered by this Protective Order. 17 12.3 Filing Protected Material. A Party that seeks to file under seal any 18 Protected Material must comply with Local Civil Rule 79-5. Protected Material may only 19 be filed under seal pursuant to a court order authorizing the sealing of the specific 20 Protected Material at issue. If a Party’s request to file Protected Material under seal is 21 denied by the court, then the Receiving Party may file the information in the public 22 record unless otherwise instructed by the court. 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 30 days, 25 each Receiving Party must (a) return to counsel for each party all Protected Material, 26 which by definition includes all materials containing PHI (see ¶ 2.14 above), to the 27 Producing Party or (b) agree with counsel for the Designating Party upon appropriate 28 STIPULATED PROTECTIVE ORDER- 13 1 methods and certification of destruction or other disposition of such Confidential 2 Materials and materials containing personal health information, or (c) as to any 3 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), 4 file a motion seeking a Court order regarding proper preservation of such Materials. To 5 the extent permitted by law, the Court shall retain continuing jurisdiction to review and 6 rule upon the motion referred to in sub-paragraph (c) herein. 7 14. 8 Any violation of this Order may be punished by appropriate measures including, 9 VIOLATION without limitation, contempt proceedings and/or monetary sanctions. 10 / 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 Dated: 9-5-2017 By: /s/ Susan Lope Dunbar Susan Lope Dunbar Attorney for Defendant, BCBSM, Inc., d/b/a Blue Cross and Blue Shield of Minnesota By: /s/ Jonathan A. Stieglitz__________ Jonathan A. Stieglitz THE LAW OFFICES OF JONATHAN A. STIEGLITZ Attorney for Plaintiff Healthcare Ally Management of California, LLC 14 15 16 17 18 19 20 21 22 Dated: 9-5-2017 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER- 14 1 All signatures listed on this document and on whose behalf the filing is submitted 2 concur in the filing’s content and have authorized the filing herein. 3 Dated: 9-5-2017 By: 4 5 6 7 8 /s/ Susan Lope Dunbar Susan Lope Dunbar DUNBAR LAW & ADR SERVICES Attorney for Defendant, BCBSM, Inc., d/b/a Blue Cross and Blue Shield of Minnesota FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9 10 11 DATED: 9/7/2017 ___________________________________ ALEXANDER F. MacKINNON United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER- 15 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury that I 6 have read in its entirety and understand the Stipulated Protective Order that was issued by 7 the United States District Court for the Central District of California on [date] in the case 8 of Healthcare Ally Management of California, LLC v. BlueCross Blue Shield of 9 Minnesota, Case No. 2:17-cv-05320-DMG (AFM), venued in the United States District 10 Court, Central District of California. I agree to comply with and to be bound by all the 11 terms of this Stipulated Protective Order and I understand and acknowledge that failure to 12 so comply could expose me to sanctions and punishment in the nature of contempt. I 13 solemnly 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. 16 I further agree to submit to the jurisdiction of the United States District Court for 17 the Central District of California for enforcing the terms of this Stipulated Protective 18 Order, even if such enforcement proceedings occur after termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________ 28 STIPULATED PROTECTIVE ORDER- 16

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