Healthcare Ally Management of California, LLC v. Consumer Reports, Inc. et al

Filing 30

QUALIFIED PROTECTIVE ORDER [NOTE CHANGES MADE BY COURT] by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 29 . (see order for details) (hr)

Case 2:

-cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 6 of 17 Page ID #:180

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HEALTHCARE ALLY
CASE NO.2:18-cv-00876-MWF-AGR
MANAGEMENT OF CALIFORNIA, Judge: Michael W. Fitzgerald
12 LLC,
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Plaintiff,

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QUALIFIED PROTECTIVE ORDER

vs.
AETNA LIFE INSURANCE
COMPANY and DOES 1-10,
Inclusive,

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Health

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Insurance Portability and Accountability Act of 1996, and for good cause, the

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Court issues this Qualified Protective Order. Unless modified pursuant to the

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terms contained in this Order, this Order shall remain in effect through the

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conclusion of this litigation.

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IT IS ORDERED THAT:

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This Protective Order shall govern any record of information produced in

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this action and designated pursuant to this Protective Order, including all
-1QUALIFIED PROTECTIVE ORDER

Scope of Protection

Case 2:~~-cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 7 of 17 Page ID #:181

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designated deposition testimony,
,
other

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all designated deposition e~ibits, interrogatory answers,

admissions, documents and other discovery materials, whether produced
informally or in response to interrogatories, requests for admissions, requests for

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production of documents or other formal methods of discovery.
This Protective Order shall also govern any designated record of information

7 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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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 term Confidential Information shall mean confidential or proprietary

Definitions

14 technical, scientific, financial, business, health, or medical information designated
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as "CONFIDENTIAL" by the producing party.
The term Confidential Health Information shall constitute a subset of

17 Confidential Information, and shall be designated as "CONFIDENTIAL" and
18 subject to all other terms and conditions governing the treatment of Confidential
19 Information. Confidential Health Information shall mean information supplied in
2 any form, or any portion thereof, that identifies an individual or subscriber in any
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manner and relates to the past, present, or future care, services, or supplies relating

22 to the physical or mental health or condition of such individual or subscriber, the
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provision of health care to such individual or subscriber, or the past, present, or

24 future payment for the provision of health care to such individual or subscriber.
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Confidential Health .Information shall include, but is not limited to, claim data,

26 claim forms, grievances, appeals, or other documents or records that contain any
27 patient health information required to be kept confidential under any state or
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ederal law, including 45 C.F.R. Parts 160 and 164 promulgated pursuant to the
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Case 2:~ -cv-00876-MWF-AGR

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Document 29 Filed 10/08/18 Page 8 of 17 Page ID #:182

Health Insurance Portability and Accountability Act of 1996 (see 45 C.F.R.
§§ 164.501 & 160.103), and the following subscriber, patient, or member

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identifiers:

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a.

names;

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b.

all geographic subdivisions smaller than a State, including street

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address, city, county, precinct, and zip code;
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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electronic mail addresses;

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g.

social security numbers;

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h.

medical record numbers;

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health plan beneficiary numbers;

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account numbers;

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k.

certificate/license numbers;

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vehicle identifiers and serial numbers, including license plate

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numbers;

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m.

device identifiers and serial numbers;

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n.

web universal resource locators("URLs");

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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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any other unique identifying number, characteristic, or code.

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The term Technical Advisor shall refer to any person who is not a party to

27 this action or not presently employed by the receiving party or a company affiliated
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through common ownership, who has been designated by the receiving party to
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-00876-MWF-AGR Document 29 Filed 10/08/18 Page 9 of 17 Page ID #:183

receive another party's Confidential Information, including Confidential Health
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

These persons include outside experts or

6 I ~ testimony or otherwise assist in trial preparation.
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Documents and things produced or furnished during the course of this action

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shall be designated as containing Confidential Information, including Confidential

Designation of Information

1 0 Health Information, by placing on each page, each document (whether in paper or
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electronic form), or each thing a legend substantially as follows:

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CONFIDENTIAL
A party may designate information disclosed at a deposition as Confidential

14 Information by requesting the reporter to so designate the transcript at the time of
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15 the deposition.
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A producing party shall designate its discovery responses, responses to
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1 7 requests for admission, briefs, memoranda and all other papers sent to the court or
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to opposing counsel as containing Confidential Information when such papers are

19 served or sent.
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The parties will use reasonable care to avoid designating any documents or

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information as Confidential Information that is not entitled to such designation or

27 which is generally available to the public. The parties shall designate only that part
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ALIFIED

-4)TECTIVE

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Case 2:1~-cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 10 of 17 Page ID #:184

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of a document or deposition that is Confidential Information, rather than the entire
document or deposition.

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Information that has been designated Confidential shall be disclosed by the

Disclosure and Use of Confidential Information

receiving party only to Qualified Recipients. All Qualified Recipients shall hold
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such information received from the disclosing party in confidence, shall use the

7 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

9 or prosecuting any patent application (of any type) or patent reissue or
10 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

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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, requests for admission or other papers of any kind which are served ~

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shall include another party's Confidential Information, the papers shall be
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a propriately designated and shall e treated accordingly.

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-~dr c~~rnun aKo~.rpCu' 's ~n~'d2ntial~'v1{~rn~-,'~ 'S ~overw¢.d b-c,
All documents, inc'ludin attorney notes and abstracts, which contain another

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

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Documents, papers and transcripts filed with the court that contain any other
party's Confidential Information shall be filed~under sea .

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Qualified Recipients

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For purposes ofthis Order, the term Qualified Recipient means

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a.

Outside counsel of record for any party in this action, as well as

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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;
-5QUALIFIED PROTECTIVE ORDER

Case 2:1 -cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 11 of 17 Page ID #:185

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b.

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Representatives, officers, or employees of a party as necessary to
assist outside counsel in the preparation and trial ofthis action;

c.

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Witnesses who testify by deposition e~—,~--t

who, if not a

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

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d.

Persons who were authors or recipients of the Confidential

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Information

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Information;

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e.

or previously

had legal access to

Confidential

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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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 conducted in this action provided that such individuals

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agree in writing, in the form attached at Appendix A, to be bound by

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the terms of this Order; and

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h.

The Court and its support personnel.

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Nonparties

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Any nonparty who produces documents or other information in response to

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discovery requests or subpoenas in this litigation shall be entitled to the benefits

27 and protections of this Order and shall be entitled to seek additional protections.
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The parties agree that they will treat Confidential Information produced by
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-00876-MWF-AGR

nonparties according to the terms of this Order.
Nonparties may challenge the confidentiality of Confidential Information by
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iling a motion to intervene and a motion to de-designate.
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Document 29 Filed 10/08/18 Page 12 of 17 Page ID #:186

Inadvertent Failure to Designate

In the event that a producing party inadvertently fails to designate any of its
information pursuant to paragraph 3, it may later designate by notifying the

7 receiving parties in writing. The receiving parties shall take reasonable steps to see
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that the information is thereafter treated in accordance with the designation.

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It shall be understood however, that no person or party shall incur any

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liability hereunder with respect to disclosure that occurred prior to receipt of

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written notice of a belated designation.

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14 Information to anon-Qualified Recipient, the party making the inadvertent

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17 this Order; (ii) make all reasonable efforts to preclude dissemination or use of the

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In the event of an inadvertent disclosure of another party's Confidential

Inadvertent Disclosure

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disclosure shall promptly upon learning of the disclosure: (i) notify the person to

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whom the disclosure was made that it contains Confidential Information subject to

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Confidential Information by the person to whom disclosure was inadvertently

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made including, but not limited to, obtaining all copies of such materials from the

2 non-Qualified Recipient; and (iii) notify the producing party of the identity of the
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person to whom the disclosure was made, the circumstances surrounding the

22 disclosure, and the steps taken to ensure against the dissemination or use of the
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information.

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Challenge to Designation

order

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At any time after the delivery of Confidential Information! counsel for the

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party receiving the Confidential Information may challenge the designation of all

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27 or any portion thereof by providing written notice thereof to counsel for the party
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disclosing or producing the Confidential Information. If the parties are unable to
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-00876-MWF-AGR

Document 29 Filed 10/08/18 Page 13 of 17 Page ID #:187

agree as to whether the confidential designation of discovery material is
appropriate, the party receiving the Confidential Information shall certify to thf

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Court that the parties cannot reach an agreement as to the confidential nature of al

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or a portion of the Confidential Information. Thereafter, the party disclosing o~

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producing the Confidential Information shall have ten days from the date o:

6 certification to file a motion for protective order with regard to any Confidentia
7 Information in dispute. The party producing the Confidential Information shal
8 'I have the burden of establishing that the disputed Confidential Information i;
9 entitled to confidential treatment.

If the party producing the Confidentia

10 Information does not timely file a motion for protective order, the Confidentia
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Information in dispute shall no longer be subject to confidential treatment a;

12 provided in this Order. All Confidential Information is entitled to confidentia
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treatment pursuant to the terms of this Order until and unless the parties formally

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agree in writing to the contrary, a party fails to timely move for a protective order.
or a contrary determination is made by the Court as to whether all or a portion of

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designated Confidential Information is entitled to confidential treatment.

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Conclusion of Action

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At the conclusion of this action, including through all appeals, each party or

19 other person subject to the terms hereof shall be under an obligation to destroy or
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0 return to the producing party all materials and documents containing Confidential
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Information and to certify to the producing party such destruction or return. Such

22 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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The provisions of this paragraph shall not be binding on the United States,

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any insurance company, or any other party to the extent that such provisions

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6 conflict with applicable Federal or State law. The Department of Justice, any
27 insurance company, or any other party shall notify the producing party in writing
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Case 2:1 -cv-00876-MWF-AGR

Document 29 Filed 10/08/18 Page 14 of 17 Page ID #:188

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of any such conflict it identifies in connection with a particular matter so that such

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matter can be resolved either by the parties or by the Court.

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12.

Modification of Protective Order

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This Order is without prejudice to the right of any person or entity to seek a

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modification of this Order at any time either through stipulation or Order of the

9 Court.
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13.

Confidentiality of Party's Own Documents

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Nothing herein shall affect the right of the designating party to disclose to its

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

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

12 officers, directors, employees, attorneys, consultants or experts, or to any other
13 person, its own information. Such disclosure shall not waive the protections of this

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

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

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

19 attorneys, consultants or experts, or to any other person.
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14.

Compulsory Disclosure to Third Parties

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If any receiving party is subpoenaed in another action or proceeding or

22 served with a document or testimony demand or a court order, and such subpoena
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or demand or court order seeks Confidential Information, including Confidential

24 Health Information of a producing party, the receiving party shall give prompt
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written notice to counsel for the producing party and allow the producing party an

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opportunity to oppose such subpoena or demand or court order prior to the

27 deadline for complying with the subpoena or demand or court order.
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compulsory disclosure to third parties of information or material exchanged under
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Case 2:1 -cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 15 of 17 Page ID #:189

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

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expressly found by a court or judicial authority of competent jurisdiction.

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15.

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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IT IS SO ORDERED.

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DATED: IO~ ~Z Zdlg

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United States
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Judge

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-10QUALIFIED PROTECTIVE ORDER

Case 2:1~-cv-00876-MWF-AGR

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Document 29 Filed 10/08/18 Page 16 of 17 Page ID #:190

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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HEALTHCARE ALLY
) CASE NO. 2:18-cv-00876-MWF-AGR
MANAGEMENT OF CALIFORNIA,~ Judge: Michael W. Fitzgerald
LLC,

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Plaintiff,
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APPENDIX A —PROTECTIVE
ORDER UNDERTAHING

vs.
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AETNA LIFE INSURANCE
COMPANY and DOES 1-10,
Inclusive,

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1.
1.

,declare that:
My address is

current employer is

My
. My current

occupation is

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I have received a copy ofthe Qualified Protective Order in this action.

I have carefully read and understand the provisions of the Qualified Protective
Order.
3.

I will comply with all of the provisions of the Qualified Protective

Order and agree to be bound by the Qualified Protective Order. I will hold in
confidence, will not disclose to anyone not qualified under the Qualified Protective
Order, and will use only for purposes of this action any Confidential Information
or information designated as "Confidential" that is disclosed to me.
4.

Promptly upon termination of the relevant action, I will either return

in full to the outside counsel for the party by whom I am employed or completely

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-11QUALIFIED PROTECTIVE ORDER

Case 2:1 -cv-00876-MWF-AGR Document 29 Filed 10/08/18 Page 17 of 17 Page ID #:191

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destroy all documents and things designated as "Confidential" that came into my

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possession, and all documents and things that I have prepared relating thereto.

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ofthe Qualified Protective Order continue past the termination ofthe action.
6.

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I understand that the obligations of this undertaking and the provisions

I hereby submit to the jurisdiction of this Court for the purpose of

enforcement of the Qualified Protective Order in this action.
I declare under penalty of perjury that the foregoing is true and correct.

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Signature
Date

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-12QUALIFIED PROTECTIVE ORDER