Nikolay Nisimov v. Select Rehabilitation, LLC et al

Filing 37

STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order. 36 (es)

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1 2 3 4 5 KRISTA M. CABRERA, CA Bar No. 190595 kcabrera@foley.com KEVIN JACKSON, CA Bar No. 278169 kjackson@foley.com FOLEY & LARDNER LLP 11988 EL CAMINO REAL, SUITE 400 SAN DIEGO, CA 92130-2594 TELEPHONE: 858.847.6700 FACSIMILE: 858.792.6773 DAVID B. GOROFF, (admitted pro hac vice) dgoroff@foley.com 7 FOLEY & LARDNER LLP 321 NORTH CLARK STREET, SUITE 3000 8 CHICAGO, IL 60654-4762 TELEPHONE: 312.832.4500 9 FACSIMILE: 312.832.4700 6 10 [Additional counsel listed on following page] 11 Attorneys for Defendant SELECT REHABILITATION, LLC 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 Case No. 2:21-cv-02490-SB-MAAx NIKOLAY NISIMOV, an individual, 18 STIPULATED PROTECTIVE ORDER Plaintiff, 17 vs. SELECT REHABILITATION, LLC, a Delaware Corporation; and DOES 1 20 through 10, inclusive, 19 21 Judge: Ctrm: Stanley Blumenfeld, Jr. 6C Complaint Filed: February 16, 2021 Defendant. 22 23 24 25 26 27 28 4816-1337-8030.1 -1- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 2 3 4 5 6 7 8 DIANE G. WALKER, (admitted pro hac vice) dwalker@walkermortonllp.com KRISTEN W. ROBERTS, (admitted pro hac vice) kroberts@walkermortonllp.com ROBERT SMELTZER, (admitted pro hac vice) WALKER MORTON LLP TWO PRUDENTIAL PLAZA 180 NORTH STETSON AVENUE CHICAGO, IL 60601-6710 TELEPHONE: 312.471.2900 FACSIMILE: 312.471.6001 Attorneys for Defendant SELECT REHABILITATION, LLC EMANUEL S. SHIRAZI (SBN 228909) emanuel@shirazilawfirm.com 10 SHIRAZI LAW FIRM, PC 1875 CENTURY PARK EAST, SUITE 1025 11 LOS ANGELES, CA 90067 TELEPHONE: 310-400-5891 12 FACSIMILE: 888-908-7359 9 13 14 Attorney for Plaintiff NIKOLAY NISIMOV 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4816-1337-8030.1 -2- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 Plaintiff Nikolay Nisimov (“Plaintiff”) and Defendant Select Rehabilitation, LLC 2 (“Select”) (collectively, the “Parties), by and through their respective counsel of record, 3 hereby stipulate as follows: 4 5 1. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, 6 7 or private information for which special protection from public disclosure and from use 8 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 9 parties hereby stipulate to and petition the Court to enter the following Stipulated 10 Protective Order. The parties acknowledge that this Stipulated Protective Order does not 11 confer blanket protections on all disclosures or responses to discovery and that the 12 protection it affords from public disclosure and use extends only to the limited 13 information or items that are entitled to confidential treatment under the applicable legal 14 principles. The parties further acknowledge, as set forth in Section 13.3 below, that this 15 Stipulated Protective Order does not entitle them to file confidential information under 16 seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards 17 that will be applied when a party seeks permission from the Court to file material under 18 seal. Discovery in this action is likely to involve production of confidential, proprietary, 19 or private information for which special protection from public disclosure and from use 20 for any purpose other than prosecuting this litigation may be warranted. 21 22 2. GOOD CAUSE STATEMENT Plaintiff’s action involves his own personal medical condition, and Select is a 23 24 provider of healthcare services. This action is likely to involve the discovery of highly 25 private and confidential medical information and records, including Plaintiff’s medical 26 records and those of Select’s patients, for which special protection from public disclosure 27 and from use for any purpose other than prosecution of this action is warranted. Such 28 confidential and proprietary materials and information consist of, among other things, 4816-1337-8030.1 -3- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 confidential business or financial information, information regarding confidential 2 business practices, or other confidential information (including information implicating 3 privacy rights of third parties), information otherwise generally unavailable to the public, 4 or which may be privileged or otherwise protected from disclosure under state or federal 5 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 6 of information, to facilitate the prompt resolution of disputes over confidentiality of 7 discovery materials, to adequately protect information the parties are entitled to keep 8 confidential, to ensure that the parties are permitted reasonable necessary uses of such 9 material in preparation for and in the conduct of trial, to address their handling at the end 10 of the litigation, and to serve the ends of justice, a protective order for such information is 11 justified in this matter. It is the intent of the parties that information will not be 12 designated as confidential for tactical reasons and that nothing be so designated without a 13 good faith belief that it has been maintained in a confidential, non-public manner, and 14 there is good cause why it should not be part of the public record of this case. 15 16 3. 17 DEFINITIONS 3.1. 2:21-cv-02490-SB-MAAx. 18 19 3.2. Challenging Party: A Party or Nonparty that challenges the designation of information or items under this Stipulated Protective Order. 20 21 Action: Nikolay Nisimov v. Select Rehabilitation, LLC, C.D. Cal. Case No. 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it 22 is generated, stored or maintained) or tangible things that qualify for 23 protection under Federal Rule of Civil Procedure 26(c), and as specified 24 above in the Good Cause Statement. 25 3.4. support staff). 26 27 28 4816-1337-8030.1 Counsel: Outside Counsel of Record and In-House Counsel (as well as their 3.5. Designating Party: A Party or Nonparty that designates information or items that it produces in disclosures or in responses to discovery as -4- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx “CONFIDENTIAL.” 1 2 3.6. Disclosure or Discovery Material: All items or information, regardless of 3 the medium or manner in which it is generated, stored, or maintained 4 (including, among other things, testimony, transcripts, and tangible things), 5 that is produced or generated in disclosures or responses to discovery in this 6 matter. 7 3.7. Expert: A person with specialized knowledge or experience in a matter 8 pertinent to the litigation who has been retained by a Party or its counsel to 9 serve as an expert witness or as a consultant in this Action. 10 3.8. In-House Counsel: Attorneys who are employees of a party to this Action. 11 In-House Counsel does not include Outside Counsel of Record or any other 12 outside counsel. 13 14 3.9. Nonparty: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 15 3.10. Outside Counsel of Record: Attorneys who are not employees of a party to 16 this Action but are retained to represent or advise a party to this Action and 17 have appeared in this Action on behalf of that party or are affiliated with a 18 law firm which has appeared on behalf of that party, and includes support 19 staff. 20 3.11. Party: Any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, In-House Counsel, and Outside 22 Counsel of Record (and their support staffs). 23 24 25 3.12. Producing Party: A Party or Nonparty that produces Disclosure or Discovery Material in this Action. 3.13. Professional Vendors: Persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or 28 medium) and their employees and subcontractors. 4816-1337-8030.1 -5- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 3.14. Protected Material: Any Disclosure or Discovery Material that is designated 1 as “CONFIDENTIAL.” 2 3.15. Receiving Party: A Party that receives Disclosure or Discovery Material 3 from a Producing Party. 4 5 6 4. SCOPE 7 The protections conferred by this Stipulated Protective Order cover not only 8 Protected Material, but also (1) any information copied or extracted from Protected 9 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and 10 (3) any testimony, conversations, or presentations by Parties or their Counsel that might 11 reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial 12 13 judge. This Stipulated Protective Order does not govern the use of Protected Material at 14 trial. 15 16 5. DURATION Even after final disposition of this litigation, the confidentiality obligations 17 18 imposed by this Stipulated Protective Order shall remain in effect until a Designating 19 Party agrees otherwise in writing or a court order otherwise directs. Final disposition 20 shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, 21 with or without prejudice; and (2) final judgment herein after the completion and 22 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including 23 the time limits for filing any motions or applications for extension of time pursuant to 24 applicable law. 25 26 6. 27 28 4816-1337-8030.1 DESIGNATING PROTECTED MATERIAL 6.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or Nonparty that designates information or items for -6- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 protection under this Stipulated Protective Order must take care to limit any 2 such designation to specific material that qualifies under the appropriate 3 standards. The Designating Party must designate for protection only those 4 parts of material, documents, items, or oral or written communications that 5 qualify so that other portions of the material, documents, items, or 6 communications for which protection is not warranted are not swept 7 unjustifiably within the ambit of this Stipulated Protective Order. 8 Mass, indiscriminate, or routinized designations are prohibited. 9 Designations that are shown to be clearly unjustified or that have been made 10 for an improper purpose (e.g., to unnecessarily encumber the case 11 development process or to impose unnecessary expenses and burdens on 12 other parties) may expose the Designating Party to sanctions. 13 6.2. Manner and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order (see, 14 15 e.g., Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or 16 Discovery Material that qualifies for protection under this Stipulated 17 Protective Order must be clearly so designated before the material is 18 disclosed or produced. Designation in conformity with this Stipulated Protective Order 19 20 requires the following: 21 (a) For information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or 23 trial proceedings), that the Producing Party affix at a minimum, the 24 legend “CONFIDENTIAL” to each page that contains protected 25 material. If only a portion or portions of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify 27 the protected portion(s) (e.g., by making appropriate markings in the 28 margins). 4816-1337-8030.1 -7- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx A Party or Nonparty that makes original documents available 1 2 for inspection need not designate them for protection until after the 3 inspecting Party has indicated which documents it would like copied 4 and produced. During the inspection and before the designation, all of 5 the material made available for inspection shall be deemed 6 “CONFIDENTIAL.” After the inspecting Party has identified the 7 documents it wants copied and produced, the Producing Party must 8 determine which documents, or portions thereof, qualify for protection 9 under this Stipulated Protective Order. Then, before producing the 10 specified documents, the Producing Party must affix the legend 11 “CONFIDENTIAL” to each page that contains Protected Material. If 12 only a portion or portions of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the 14 protected portion(s) (e.g., by making appropriate markings in the 15 margins). (b) 16 For testimony given in depositions, that the Designating Party identify 17 the Disclosure or Discovery Material on the record, before the close of 18 the deposition, all protected testimony. (c) 19 For information produced in nondocumentary form, and for any other 20 tangible items, that the Producing Party affix in a prominent place on 21 the exterior of the container or containers in which the information is 22 stored the legend “CONFIDENTIAL.” If only a portion or portions of 23 the information warrants protection, the Producing Party, to the extent 24 practicable, shall identify the protected portion(s). 25 6.3. Inadvertent Failure to Designate. 26 If timely corrected, an inadvertent failure to designate qualified 27 information or items does not, standing alone, waive the Designating Party’s 28 right to secure protection under this Stipulated Protective Order for such 4816-1337-8030.1 -8- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 material. Upon timely correction of a designation, the Receiving Party must 2 make reasonable efforts to assure that the material is treated in accordance 3 with the provisions of this Stipulated Protective Order. 4 5 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 7.1. Timing of Challenges. Any Party or Nonparty may challenge a designation of confidentiality 7 at any time that is consistent with the Court’s Scheduling Order. 8 7.2. 9 Meet and Confer. The Challenging Party shall initiate the dispute resolution process, 10 11 which shall comply with Local Rule 37.1 et seq., and with Section 4 of 12 Judge Audero’s Procedures (“Mandatory Telephonic Conference for 13 Discovery Disputes”).1 7.3. 14 Burden of Persuasion. The burden of persuasion in any such challenge proceeding shall be 15 16 on the Designating Party. Frivolous challenges, and those made for an 17 improper purpose (e.g., to harass or impose unnecessary expenses and 18 burdens on other parties) may expose the Challenging Party to sanctions. 19 Unless the Designating Party has waived or withdrawn the confidentiality 20 designation, all parties shall continue to afford the material in question the 21 level of protection to which it is entitled under the Producing Party’s 22 designation until the Court rules on the challenge. 23 24 8. ACCESS TO AND USE OF PROTECTED MATERIALS 8.1. 25 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 26 27 28 1 Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorablemaria-audero. STIPULATED PROTECTIVE ORDER -9Case No. 2:21-cv-02490-SB-MAAx 4816-1337-8030.1 1 produced by another Party or by a Nonparty in connection with this Action 2 only for prosecuting, defending, or attempting to settle this Action. Such 3 Protected Material may be disclosed only to the categories of persons and 4 under the conditions described in this Stipulated Protective Order. When the 5 Action reaches a final disposition, a Receiving Party must comply with the 6 provisions of Section 14 below. Protected Material must be stored and maintained by a Receiving 7 8 Party at a location and in a secure manner that ensures that access is limited 9 to the persons authorized under this Stipulated Protective Order. 10 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 11 Unless otherwise ordered by the Court or permitted in writing by the 12 Designating Party, a Receiving Party may disclose any information or item 13 designated “CONFIDENTIAL” only to: 14 (a) The Receiving Party’s Outside Counsel of Record, as well as 15 employees of said Outside Counsel of Record to whom it is 16 reasonably necessary to disclose the information for this Action; 17 (b) The officers, directors, and employees (including In-House Counsel) 18 of the Receiving Party to whom disclosure is reasonably necessary for 19 this Action; 20 (c) Experts of the Receiving Party to whom disclosure is reasonably 21 necessary for this Action and who have signed the “Acknowledgment 22 and Agreement to Be Bound” (Exhibit A); 23 (d) The Court and its personnel; 24 (e) Court reporters and their staff; 25 (f) Professional jury or trial consultants, mock jurors, and Professional 26 Vendors to whom disclosure is reasonably necessary or this Action 27 and who have signed the “Acknowledgment and Agreement to be 28 Bound” (Exhibit A); 4816-1337-8030.1 -10- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx (g) 1 The author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the 3 information; (h) 4 During their depositions, witnesses, and attorneys for witnesses, in the 5 Action to whom disclosure is reasonably necessary provided: (i) the 6 deposing party requests that the witness sign the “Acknowledgment 7 and Agreement to Be Bound” (Exhibit A); and (ii) the witness will not 8 be permitted to keep any confidential information unless they sign the 9 “Acknowledgment and Agreement to Be Bound,” unless otherwise 10 agreed by the Designating Party or ordered by the Court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal 12 Protected Material may be separately bound by the court reporter and 13 may not be disclosed to anyone except as permitted under this 14 Stipulated Protective Order; and (i) 15 Any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement 17 discussions. 18 19 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 20 OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation that 22 compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL,” that Party must: 24 (a) include a copy of the subpoena or court order; 25 26 Promptly notify in writing the Designating Party. Such notification shall (b) Promptly notify in writing the party who caused the subpoena or order to 27 issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Stipulated Protective Order. Such 4816-1337-8030.1 -11- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx notification shall include a copy of this Stipulated Protective Order; and 1 (c) 2 Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with the 4 5 subpoena or court order shall not produce any information designated in this action as 6 “CONFIDENTIAL” before a determination by the Court from which the subpoena or 7 order issued, unless the Party has obtained the Designating Party’s permission. The 8 Designating Party shall bear the burden and expense of seeking protection in that court of 9 its confidential material and nothing in these provisions should be construed as 10 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 11 from another court. 12 13 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 10.1. Application. 16 The terms of this Stipulated Protective Order are applicable to 17 information produced by a Nonparty in this Action and designated as 18 “CONFIDENTIAL.” Such information produced by Nonparties in 19 connection with this litigation is protected by the remedies and relief 20 provided by this Stipulated Protective Order. Nothing in these provisions 21 should be construed as prohibiting a Nonparty from seeking additional 22 protections. 23 10.2. Notification. In the event that a Party is required, by a valid discovery request, to 24 25 produce a Nonparty’s confidential information in its possession, and the 26 Party is subject to an agreement with the Nonparty not to produce the 27 Nonparty’s confidential information, then the Party shall: 28 (a) 4816-1337-8030.1 Promptly notify in writing the Requesting Party and the Nonparty that -12- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 some or all of the information requested is subject to a confidentiality 2 agreement with a Nonparty; (b) 3 Promptly provide the Nonparty with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and 5 a reasonably specific description of the information requested; and (c) 6 Make the information requested available for inspection by the Nonparty, if requested. 7 10.3. Conditions of Production. 8 If the Nonparty fails to seek a protective order from this Court within 9 10 fourteen (14) days after receiving the notice and accompanying information, 11 the Receiving Party may produce the Nonparty’s confidential information 12 responsive to the discovery request. If the Nonparty timely seeks a 13 protective order, the Receiving Party shall not produce any information in its 14 possession or control that is subject to the confidentiality agreement with the 15 Nonparty before a determination by the Court. Absent a court order to the 16 contrary, the Nonparty shall bear the burden and expense of seeking 17 protection in this Court of its Protected Material. 18 19 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party immediately must (1) notify in writing 23 the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve 24 all unauthorized copies of the Protected Material, (3) inform the person or persons to 25 whom unauthorized disclosures were made of all the terms of this Stipulated Protective 26 Order, and (4) request such person or persons to execute the “Acknowledgment and 27 Agreement to be Bound” (Exhibit A). 28 4816-1337-8030.1 -13- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of 5 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 6 This provision is not intended to modify whatever procedure may be established in an e- 7 discovery order that provides for production without prior privilege review. Pursuant to 8 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 9 effect of disclosure of a communication or information covered by the attorney-client 10 privilege or work product protection, the parties may incorporate their agreement in the 11 Stipulated Protective Order submitted to the Court. 12 13 13. 14 15 16 17 18 MISCELLANEOUS 13.1. Right to Further Relief. Nothing in this Stipulated Protective Order abridges the right of any person to seek its modification by the Court in the future. 13.2. Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective Order, no Party 19 waives any right it otherwise would have to object to disclosing or 20 producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object 22 on any ground to use in evidence of any of the material covered by this 23 Stipulated Protective Order. 24 25 13.3. Filing Protected Material. A Party that seeks to file under seal any Protected Material must 26 comply with Local Rule 79-5. Protected Material may only be filed under 27 seal pursuant to a court order authorizing the sealing of the specific 28 Protected Material at issue. If a Party's request to file Protected Material 4816-1337-8030.1 -14- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 under seal is denied by the Court, then the Receiving Party may file the 2 information in the public record unless otherwise instructed by the Court. 3 4 14. FINAL DISPOSITION 5 After the final disposition of this Action, within sixty (60) days of a written request 6 by the Designating Party, each Receiving Party must return all Protected Material to the 7 Producing Party or destroy such material. As used in this subdivision, “all Protected 8 Material” includes all copies, abstracts, compilations, summaries, and any other format 9 reproducing or capturing any of the Protected Material. Whether the Protected Material 10 is returned or destroyed, the Receiving Party must submit a written certification to the 11 Producing Party (and, if not the same person or entity, to the Designating Party) by the 12 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 13 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 14 retained any copies, abstracts, compilations, summaries or any other format reproducing 15 or capturing any of the Protected Material. Notwithstanding this provision, Counsel is 16 entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, and 17 hearing transcripts; legal memoranda; correspondence; deposition and trial exhibits; 18 expert reports; attorney work product; and consultant and expert work product, even if 19 such materials contain Protected Material. Any such archival copies that contain or 20 constitute Protected Material remain subject to this Stipulated Protective Order as set 21 forth in Section 5. 22 23 15. VIOLATION Any violation of this Stipulated Order may be punished by any and all appropriate 24 25 measures including, without limitation, contempt proceedings and/or monetary sanctions. 26 /// 27 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 28 4816-1337-8030.1 -15- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx Dated: July 14, 2021 /s/ Emanuel S. Shirazi (with permission) Emanuel S. Shirazi Shirazi Law Firm, PC Attorney for Plaintiff NIKOLAY NISIMOV Dated: July 14, 2021 /s/ Krista M. Cabrera Krista M. Cabrera Kevin Jackson David B. Goroff Foley & Lardner LLP Attorneys for Defendant SELECT REHABILITATION, LLC 10 Dated: July 14, 2021 /s/ Diane G. Walker Diane G. Walker Kristen W. Roberts Robert Smeltzer Walker Morton LLP Attorneys for Defendant SELECT REHABILITATION, LLC 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 SIGNATURE CERTIFICATION 17 I hereby certify that authorization for the filing of this document has been obtained 18 from each of the other signatories shown above and that all signatories concur in the 19 filing’s content. 20 Dated: July 14, 2021 /s/ Krista M. Cabrera Krista M. Cabrera 21 22 RED. D 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 26 Dated: 07/14/21 Maria A. Audero Audero United States Magistrate Judge St t M i t t J d 27 28 4816-1337-8030.1 -16- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, 3 [full name], of [address], declare under penalty of perjury that I have read in its entirety 4 5 and understand the Stipulated Protective Order that was issued by the United States 6 District Court for the Central District of California on 7 of 8 number]. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order, and I understand and acknowledge that failure to so comply could [date] in the case [case name and 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 11 that I will not disclose in any manner any information or item that is subject to this 12 Stipulated Protective Order to any person or entity except in strict compliance with the 13 provisions of this Stipulated Protective Order. I further agree to submit to the jurisdiction of the United States District Court for 14 15 the Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint [full name] of [address and telephone number] as my California agent for 18 19 service of process in connection with this action or any proceedings related to 20 enforcement of this Stipulated Protective Order. 21 22 Signature: 23 Printed Name: 24 Date: 25 City and State Where Sworn and Signed: 26 27 28 4816-1337-8030.1 -17- STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-02490-SB-MAAx

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