United States of America et al v. University of Southern California

Filing 180

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 179 . (see document for details) (hr)

1
2
3
4
5
6
7

Mark Hardiman (SBN 136602)
Jonathan Radke (SBN 257324)
NELSON HARDIMAN LLP
1100 Glendon Avenue, 14th Floor
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
University of Southern California,
and USC Care Medical Group, Inc.

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

11
12
13
14
15
16

UNITED STATES OF AMERICA ex CASE NO.: 2:18-CV-08311-SSS (ASx)
rel. JUSTIN CHEONGSIATMOY,
M.D. and IONM LLC; STATE OF
PROTECTIVE ORDER
CALIFORNIA ex rel. JUSTIN
CHEONGSIATMOY, M.D. and
IONM LLC; LOS ANGELES
COUNTY ex rel. JUSTIN
CHEONGSIATMOY, M.D. and
IONM LLC; and JUSTIN
CHEONGSIATMOY, M.D.,

17
18
19
20

Plaintiffs,
v.
UNIVERSITY OF SOUTHERN
CALIFORNIA, and USC CARE
MEDICAL GROUP, INC.,

21

Defendants.

22
23
24
25
26
27
28
1
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

STIPULATED PROTECTIVE ORDER

2

1.

PURPOSES, LIMITATIONS AND GOOD CAUSE

3

A. PURPOSES AND LIMITATIONS

4

Disclosure and discovery activity in this action are likely to involve

5

production of confidential, proprietary, or private information for which special

6

protection from public disclosure and from use for any purpose other than

7

prosecuting and defending the claims involved in this litigation may be warranted.

8

Accordingly, the parties hereby stipulate to and petition the Court to enter the

9

following Stipulated Protective Order (referred to herein as “Stipulated Protective

10

Order,” “Protective Order,” or “Order”). The parties acknowledge that this Order

11

does not confer blanket protections on all disclosures or responses to discovery and

12

that the protection it affords from public disclosure and use extends only to the

13

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

14

applicable legal principles. The parties further acknowledge, as set forth in Section

15

12.3, below, that this Stipulated Protective Order does not entitle them to file

16

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

17

that must be followed and the standards that will be applied when a party seeks

18

permission from the Court to file material under seal.

19

B. GOOD CAUSE STATEMENT

20

This action is likely to involve non-public commercial, financial, and/or

21

propriety information, as well as individual patients’ protected health information,

22

for which special protection from public disclosure and from use for any purpose

23

other than prosecution or defense of this action is warranted. Such confidential and

24

proprietary materials and information consist of, among other things, nonpublic

25

and/or proprietary information business practices; nonpublic or proprietary

26

operational reports and similar business information; personal financial and tax

27

filings; medical records; and personal identifying information related to patients’

28

surgeries and intraoperative neurophysiological monitoring services that implicates
2
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

patients’ privacy rights under state and federal statutes. Prejudice or harm to a Party

2

or Non-Party may result if no protective order is granted. In particular, the privacy

3

rights of Defendants’ past and present patients could be violated if any of the

4

confidential information identified above is published for purposes outside those

5

permitted in this Stipulated Protective Order. In addition, Defendants’ business

6

interests would be undermined if their proprietary information is disclosed for

7

purposes outside those permitted in this Stipulated Protective Order.

8

Accordingly, to expedite the flow of information, to facilitate the prompt

9

resolution of disputes over confidentiality of discovery materials, to adequately

10

protect information the parties are entitled to keep confidential, to ensure that the

11

parties are permitted reasonable and necessary uses of such material in preparation

12

for trial, to address the handling of such material at the end of the litigation, and

13

serve the ends of justice, a protective order for such information is justified in this

14

matter. It is the intent of the parties that information will not be designated as

15

confidential for tactical reasons and that nothing be so designated without a good-

16

faith belief that it has been maintained in a confidential, non-public manner, and

17

there is good cause why it should not be part of the public record of this case.

18

2.

19

DEFINITIONS
2.1

Action: This pending federal lawsuit, captioned as United States of

20

America ex rel. Justin Cheongsiatmoy, M.D., et al vs. University of Southern

21

California, et al., Case No. 2:18-CV-08311-FSW (ASx). This includes subsequent

22

arbitrations should the parties arbitrate a portion of the claims brought in the Action.

23
24

2.2

Challenging Party:

A Party or Non-Party that challenges the

designation of information or items under this Order.

25

2.3

“CONFIDENTIAL” Information or Items: Information (regardless of

26

how it is generated, stored or maintained), testimony, or tangible things that qualify

27

for protection under Federal Rule of Civil Procedure 26(c) and as specified above in

28

the Good Cause Statement. “CONFIDENTIAL” Information or Items include, but
3
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

are not limited to “individually identifiable health information” as defined in 45

2

C.F.R. § 160.103, and “medical information” as defined in Cal. Civil Code §

3

56.05(j). Any individually identifiable health information or medical information

4

produced may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a; to

5

the provisions of 45 C.F.R. §§ 164.102-164.534; to the provisions of 42 U.S.C. §

6

1306; to the provisions of Cal. Civil Code §§ 56.05 et. seq., the California

7

Confidentiality of Medical Information Act; to the peer review confidentiality

8

provisions set forth in California Evidence Code § 1157, and/or to the privacy

9

provisions of various state(s) law(s), and there may be no waiver or authorization by

10

the patient or other holder of privilege/protection to produce the records to any

11

outside entity. All patient files, medical records and documents, or other materials

12

containing individually identifiable health information/medical information, and the

13

proceedings and records of peer review committees, shall be deemed to be

14

CONFIDENTIAL.

15
16

2.4

Counsel (without qualifier): Outside Counsel of Record and House

Counsel (as well as their support staff).

17

2.5

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

18

or items that it produces in disclosures or in responses to discovery as

19

“CONFIDENTIAL.”

20

2.6

Disclosure or Discovery Material: All items or information, regardless

21

of the medium or manner in which it is generated, stored, or maintained (including,

22

among other things, testimony, transcripts, and tangible things), that are produced or

23

generated in disclosures or responses to discovery in this action.

24

2.7

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

25

pertinent to the litigation who has been retained by a Party or its Counsel to serve as

26

an expert witness or as a consultant in this action.

27
28

2.8

House Counsel: Attorneys who are employees of a party to this action.

House Counsel does not include Outside Counsel of Record or any other outside
4
STIPULATED PROTECTIVE ORDER
1068414.v1

1

counsel.

2

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

3

2.9

Non-Party: Any natural person, partnership, corporation, association,

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

4

2.10 Outside Counsel of Record: Attorneys who are not employees of a

5

party to this action but are retained to represent or advise a party to this action and

6

have appeared in this action on behalf of that party or are affiliated with a law firm

7

which has appeared on behalf of that party.

8

2.11 Party: Any party to this action, including all of its officers, directors,

9

employees, consultants, retained experts, and Outside Counsel of Record (and their

10

support staffs). For the purpose of this action, “party” or “parties” also includes

11

parties in interest, including the U.S. Government, the State of California, and Los

12

Angeles County.

13
14

2.12 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this action.

15

2.13 Professional Vendors:

Persons or entities that provide litigation

16

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

17

demonstrations, and organizing, storing, or retrieving data in any form or medium)

18

and their employees and subcontractors.

19

2.14 Protected Material: Any Disclosure or Discovery Material that is

20

designated as “CONFIDENTIAL”, including individually identifiable health

21

information/medical information.

22
23

2.15 Qualified Persons: The persons listed in Section 7.2 of this Order to
whom information marked “CONFIDENTIAL” may be disclosed.

24

2.16 Receiving Party:

A Party that receives Disclosure or Discovery

25

Material from a Producing Party.

26

3.

SCOPE

27

The protections conferred by this Stipulation and Protective Order cover not

28

only Protected Material (as defined above), but also (1) any information copied or
5
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

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

2

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

3

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

4

Any use of Protected Material at trial shall be governed by a separate

5

agreement or order. This Order does not govern the use of Protected Material at

6

trial.

7

4.

DURATION

8

Even after final disposition of this litigation, the confidentiality obligations

9

imposed by this Order shall remain in effect until a Designating Party agrees

10

otherwise in writing or a court order otherwise directs. Final disposition shall be

11

deemed to be the later of (1) dismissal of all claims and defenses in this action, with

12

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

13

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

14

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

15

pursuant to applicable law.

16

5.

17

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

18

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

19

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

20

qualifies under the appropriate standards. The Designating Party must designate for

21

protection only those parts of material, documents, items, or oral or written

22

communications that qualify so that other portions of the material, documents, items,

23

or communications for which protection is not warranted are not swept unjustifiably

24

within the ambit of this Order.

25

Mass, indiscriminate, or routinized designations are prohibited. Designations

26

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

27

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

28

unnecessary expenses and burdens on other Parties) may expose the Designating
6
STIPULATED PROTECTIVE ORDER
1068414.v1

1

Party to sanctions.

2

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

3

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

4

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

5

5.2

6

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

7

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

8

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

9

produced.

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

10

1100

Manner and Timing of Designations. Except as otherwise provided in

Designation in conformity with this Order requires the following:

11

(a)

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

12

documents, but excluding transcripts of depositions or other pretrial or trial

13

proceedings), designation requires that the Producing Party affix the legend

14

“CONFIDENTIAL” to the document.

15

A Party or Non-Party that makes original documents or materials available for

16

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

17

indicated which documents or material it would like copied and produced. During

18

the inspection and before the designation, all of the material made available for

19

inspection shall be deemed “CONFIDENTIAL”. After the inspecting Party has

20

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

21

determine which documents, or portions thereof, qualify for protection under this

22

Order. Then, before producing the specified documents, the Producing Party must

23

affix the “CONFIDENTIAL” legend to the documents.

24

(b)

For testimony given in deposition or in other pretrial or trial

25

proceedings, designation requires that the Designating Party identify on the record,

26

before the close of the deposition, hearing, or other proceeding, all the testimony

27

believed to be protected by subject matter.

28

Within 30 days following receipt of the final transcript for the deposition,
7
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

hearing, or other proceeding, the Party or Non-Party that sponsors, offers, or gives

2

the testimony shall identify the specific by pages and line numbers the portions of

3

the testimony as to which protection applies. In such an instance, only those portions

4

of the testimony that are appropriately designated shall be covered by the provisions

5

of this Order. Transcript pages containing Protected Material must be separately

6

bound by the court reporter, who must affix to the top of each such page the legend

7

“CONFIDENTIAL” as instructed by the Party or Non-Party offering or sponsoring

8

the witness or presenting the testimony.

9

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

10

for any other tangible items, designation requires that the Producing Party affix in a

11

prominent place on the exterior of the container or containers in which the

12

information or item is stored the legend “CONFIDENTIAL”. If only a portion or

13

portions of the information or item warrant protection, the Producing Party, to the

14

extent practicable, shall identify the protected portion(s).

15

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

16

failure to designate qualified information or items does not, standing alone, waive

17

the Designating Party’s right to secure protection under this Order for such material.

18

Upon timely correction of a designation, the Receiving Party must make reasonable

19

efforts to assure that the material is treated in accordance with the provisions of this

20

Order. Moreover, any document containing individually identifiable health

21

information/ medical information shall be treated as Protected Material regardless

22

of whether or not such a designation is included in or on the document.

23

5.4

Effect of Designation.

The designation of information as

24

“CONFIDENTIAL” pursuant to this Protective Order shall not be construed as an

25

admission of the relevance or confidentiality of such information in the action.

26

6.

27
28

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

designation of Protected Material at any time that is consistent with the Court’s
8
STIPULATED PROTECTIVE ORDER
1068414.v1

1

Scheduling Order.

2
3

6.2

resolution process under Local Rule 37-1 et seq.

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

4

1100

Meet and Confer. The Challenging Party shall initiate the dispute

6.3

The burden of persuasion in any such challenge proceeding shall be on

5

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

6

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

7

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

8

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

9

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

10

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

11

challenge.

12

7.

13

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

14

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

15

action only for prosecuting, defending, or attempting to settle this action or the

16

claims asserted in this action. Such Protected Material may be disclosed only to the

17

categories of persons and under the conditions described in this Order. When the

18

action has been terminated, a Receiving Party must comply with the provisions of

19

section 13 below (FINAL DISPOSITION).

20

Protected Material must be stored and maintained by a Receiving Party at a

21

location and in a secure manner that ensures that access is limited to the persons

22

authorized under this Order. Qualified Persons shall take reasonable measures to

23

safeguard and maintain the confidentiality and security of Protected Material in

24

accordance with applicable law.

25

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

26

otherwise ordered by the Court or permitted in writing by the Designating Party, a

27

Receiving

28

“CONFIDENTIAL” only to the following Qualified Persons:

Party

may

disclose

any

information

9
STIPULATED PROTECTIVE ORDER
1068414.v1

or

item

designated

1

(a) the Receiving Party’s Outside Counsel of Record in this action and

2

their support staff, as well as any other employees or third-party vendors of said

3

Outside Counsel of Record to whom it is reasonably necessary to disclose the

4

information for this action and who have signed the “Acknowledgment and

5

Agreement to Be Bound” that is attached hereto as Exhibit A;

6

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

7

the Receiving Party to whom disclosure is reasonably necessary for this litigation

8

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

9

A);

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

10
11

(c) Parties in interests, including the U.S. Government, the State of
California, and/or Los Angeles County;

12

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

13

disclosure is reasonably necessary for this litigation and who have signed the

14

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

15

(e) the Court and its personnel;

16

(f) court reporters and their staff, professional jury or trial consultants,

17

mock jurors, and Professional Vendors to whom disclosure is reasonably necessary

18

for this litigation and who have signed the “Acknowledgment and Agreement to Be

19

Bound” (Exhibit A);

20

(g) any deponent, prospective witness, or trial witness where necessary to

21

the testimony of such witness, provided there is a reasonable basis to believe that

22

disclosure of the Protected Material to the witness will lead to relevant testimony or

23

the discovery of admissible evidence, and only to the extent that the witness authored

24

or received a copy of the Protected Material through legitimate means prior to being

25

presented the Protected Material by Counsel or had knowledge of the subject matter

26

described therein, and provided the witness has signed the “Acknowledgment and

27

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

28

Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits
10
STIPULATED PROTECTIVE ORDER
1068414.v1

1

to depositions that reveal Protected Material must be separately bound by the court

2

reporter and may not be disclosed to anyone except as permitted under this Stipulated

3

Protective Order;

4
5

(h) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

6
7

(i) mediators, arbitrators, or similar outside parties and their staffs
enlisted by all Parties to assist in the resolution of this matter; or

8

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

9

(j) any other person with the prior written consent of the Producing Party.
8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

10

PRODUCED IN OTHER LITIGATION

11

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

12

that compels disclosure of any information or items designated in this action as

13

“CONFIDENTIAL” that Party must:

14
15

(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

16

(b) promptly notify in writing the person or entity who caused the

17

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

18

covered by the subpoena or order is subject to this Protective Order.

19

notification shall include a copy of this Stipulated Protective Order; and

20
21

Such

(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.

22

If the Designating Party timely seeks a protective order, the Party served with

23

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

24

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

25

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

26

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

27

protection in that court of its Protected Material and nothing in these provisions

28

should be construed as authorizing or encouraging a Receiving Party in this action
11
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

to disobey a lawful directive from another court.

2

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

3

PRODUCED IN THIS LITIGATION

4

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

5

Party in this action and designated as “CONFIDENTIAL”. Such information

6

produced by Non-Parties in connection with this litigation is protected by the

7

remedies and relief provided by this Order. Nothing in these provisions should be

8

construed as prohibiting a Non-Party from seeking additional protections.

9

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

10

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

11

subject to an agreement with the Non-Party not to produce the Non-Party’s

12

confidential information, then the Party shall:

13

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

14

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

15

agreement with a Non-Party;

16

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

17

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

18

reasonably specific description of the information requested; and

19

(3) make the information requested available for inspection by the

20

Non-Party.

21

(c) If the Non-Party fails to object or seek a protective order from this Court

22

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

23

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

24

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

25

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

26

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

27

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

28

expense of seeking protection in this court of its Protected Material.
12
STIPULATED PROTECTIVE ORDER
1068414.v1

1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

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

3

Protected Material to any person or in any circumstance not authorized under this

4

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

5

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

6

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

7

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

8

Order, and (d) request such person or persons to execute the “Acknowledgment and

9

Agreement to Be Bound” that is attached hereto as Exhibit A.

10

1100

10.

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11

PROTECTED MATERIAL

12

When a Producing Party learns that it inadvertently produced protected

13

material or material that is subject to a claim of privilege or other protection, the

14

Producing Party must notify the Receiving Party immediately. The obligations of

15

the Receiving Party are those set forth in Federal Rule of Civil Procedure

16

26(b)(5)(B), which are incorporated herein. Pursuant to Federal Rule of Evidence

17

502(d) and (e), the parties agree to, and the Court orders, protection of privileged

18

and otherwise Protected Material against claims of waiver, including as against third

19

parties and in other federal and state proceedings. However, the provisions of Rule

20

502(a) apply to the question of waiver in circumstances where a Party uses Protected

21

Material to support a claim or defense in a court filing, a court proceeding, or at a

22

deposition without a timely objection.

23

12.

24
25

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.

26

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

27

Protective Order, no Party waives any right it otherwise would have to object to

28

disclosing or producing any information or item on any ground not addressed in this
13
STIPULATED PROTECTIVE ORDER
1068414.v1

1

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

2

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

3

A Party has the right to bring before the Court at any time the question of whether

4

any particular information is relevant to the subject matter or issues involved in the

5

Action, and such right is hereby expressly reserved.

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

6

12.3 Filing Protected Material.

Without written permission from the

7

Designating Party or a court order secured after appropriate notice to all interested

8

persons, a Party may not file in the public record in this action any Protected

9

Material. If a Party intends to file a document containing Protected Material in

10

connection with a discovery motion or discovery proceeding, sealing shall be sought

11

pursuant to the Court’s Local Rules, or the parties shall confer about the application

12

of redactions for a public filing. If a Party intends to file a document containing

13

Protected Material in connection with any court proceeding seeking adjudication of

14

matters other than discovery motions or proceedings, that Party shall file the

15

document in accordance with the procedures set forth in Civil Local Rule 79-5. No

16

Protected Material may be used in such a way (including lodging or filing) that

17

would permit it to become part of the public record without the Party who designated

18

and produced the Protected Material having an opportunity to move to seal the

19

Protected Material. The Party who received information designated as

20

“CONFIDENTIAL” shall cooperate in good faith with the Party who designated the

21

Protected Material in facilitating that Party’s attempt to obtain a court order sealing

22

the Protected Material.

23

13.

FINAL DISPOSITION

24

Within 60 days after the final disposition of this action, as defined in Section

25

4 of the Stipulated Protective Order, each Receiving Party must return all Protected

26

Material to the Producing Party or destroy such material. As used in this subdivision,

27

“all Protected Material” includes all copies, abstracts, compilations, summaries, and

28

any other format reproducing or capturing any of the Protected Material. Whether
14
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

the Protected Material is returned or destroyed, the Receiving Party must submit a

2

written certification to the Producing Party (and, if not the same person or entity, to

3

the Designating Party) by the 60 day deadline that (1) identifies (by category, where

4

appropriate) all the Protected Material that was returned or destroyed, and (2) affirms

5

that the Receiving Party has not retained any unauthorized copies, abstracts,

6

compilations, summaries or any other format reproducing or capturing any of the

7

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

8

archival copy of all pleadings, motion papers, trial, deposition, and hearing

9

transcripts, legal memoranda, correspondence, investigation documentation,

10

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

11

and expert work product, even if such materials contain Protected Material. Any

12

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

13

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

14
15
16

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: September 16, 2022

NICHOLS KASTER, LLP
/s/ Rebekah Bailey
_______________________
Rebekah Bailey

17
18
19

LAW OFFICE OF ALICE CHANG
Alice Chang

20
21

DESAI LAW FIRM, P.C.
Aashish Desai

22
23

Attorneys for Plaintiff-Relators

24
25
26
27
28

15
STIPULATED PROTECTIVE ORDER
1068414.v1

1
2

Dated: September 16, 2022

3

NELSON HARDIMAN LLP
/s/ Mark Hardiman
_________________________
Mark Hardiman

4
5
6

Attorneys for Defendants

7
8

ORDER

9

GOOD CAUSE APPEARING, IT IS SO ORDERED.

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

1100

NELSON HARDIMAN LLP

10
11
12

Dated: September 19, 2022

13

______________________________
/ s / Sagar
HONORABLE ALKA SAGAR
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
STIPULATED PROTECTIVE ORDER
1068414.v1

90024

F loor
t h

14

CA LIFO RNIA

Av en ue ,
G le ndon

A NGE LES,
LOS

NELSON HARDIMAN LLP

1100

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

Name:

4

Address: ___________________________________________

5

Telephone: ___________________________________________

6

Email:

7

I declare under penalty of perjury that I have read in its entirety and understand

8

the Stipulated Protective Order that was issued by the United States District Court

9

for the Central District of California on September __, 2022 in the case of United

10

States of America ex rel. Justin Cheongsiatmoy, M.D., et al. v. University of Southern

11

California, et al., Case No. 2:18-CV-08311-FSW (ASx). I agree to comply with and

12

to be bound by all the terms of this Stipulated Protective Order and I understand and

13

acknowledge that failure to so comply could expose me to sanctions and punishment

14

in the nature of contempt. I solemnly promise that I will not disclose in any manner

15

any information or item that is subject to this Stipulated Protective Order to any

16

person or entity except in strict compliance with the provisions of this Order.

___________________________________________

17

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

18

for the Central District of California for the purpose of enforcing the terms of this

19

Stipulated Protective Order, even if such enforcement proceedings occur after

20

termination of this action.

21
22

Executed under penalty of perjury under the laws of the United States in
[City], [State].

23
24

_____________________________

25

[Name]

26
27
28
17
STIPULATED PROTECTIVE ORDER
1068414.v1