Keith Feder, M.D., Inc. v. Amazon.com, Inc. et al

Filing 39

STIPULATED PROTECTIVE ORDER by Magistrate Judge Stephanie S. Christensen re Stipulation for Protective Order 37 (tsn)

1
2
3
4
5
6
7
8
9
10
11
12
13

SHANNON L. ERNSTER (SBN: 264940)
[e-mail]

HELA VAKNIN (SBN: 342083)
[e-mail]

GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AMAZON.COM, INC.
JONATHAN A. STIEGLITZ (SBN 278028)
[e-mail]
THE LAW OFFICES OF
JONATHAN A. STIEGLITZ
11845 W. Olympic Blvd., Suite 800
Los Angeles, California 90064
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
KEITH FEDER, M.D., INC.

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16

KEITH FEDER, M.D., INC.

17
18

Plaintiff(s),

19

v.

Case No. 2:24-cv-07416-SRM-SSC
STIPULATED PROTECTIVE
ORDER1

20
21

AMAZON.COM, INC. and DOES

22

1-10,
Defendant(s).

23
24
25
26
27
28

This Stipulated Protective Order is substantially based on the model
protective order provided under Magistrate Judge Stephanie S.
Christensen’s Procedures as of 24 July 2023.

1

1
2

1.

INTRODUCTION
1.1

Purposes and Limitations. Discovery in this action is likely to

3

involve production of confidential, proprietary, or private information for

4

which special protection from public disclosure and from use for any

5

purpose other than prosecuting this litigation may be warranted.

6

Accordingly, Plaintiff Keith Feder, M.D., Inc. (“Plaintiff”) and Defendant

7

Amazon.com, Inc. (“Defendant”) (Plaintiff and Defendant are collectively

8

referred to herein as the “Parties”) hereby stipulate to and petition the

9

court to enter the following Stipulated Protective Order.

10

This Protective Order shall govern any record of information

11

produced in this action and designated pursuant to this Protective Order,

12

including all designated deposition testimony, all designated testimony

13

taken at a hearing or other proceeding, all designated deposition

14

exhibits, interrogatory answers, admissions, documents and other

15

discovery materials, whether produced informally or in response to

16

interrogatories, requests for admissions, requests for production of

17

documents or other formal methods of discovery.

18

This Protective Order shall also govern any designated record of

19

information produced in this action pursuant to required disclosures

20

under any federal procedural rule or local rule of the Court and any

21

supplementary disclosures thereto.

22

This Protective Order shall apply to the Parties and to any

23

nonparty from whom discovery may be sought who desires the protection

24

of this Protective Order.

25

The Parties acknowledge that this Order does not confer blanket

26

protections on all disclosures or responses to discovery and that the

27

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

28
2

1

limited information or items that are entitled to confidential treatment

2

under the applicable legal principles.

3

1.2

Good Cause Statement.

4

This action arises out of a dispute between Plaintiff and Defendant

5

regarding payment for medical services rendered by Plaintiff to five

6

Patients (“Patients”) enrolled in a health benefit plan funded and

7

sponsored by Defendant.

8

In light of the nature of the claims and allegations in this case, this

9

action necessarily involves the production of confidential information for

10

which special protection from public disclosure and from use for any

11

purpose other than prosecution of this action is warranted. Such

12

confidential and proprietary materials and information consist of, among

13

other things, the personal health information of the Patients and their

14

medical treatment, as well as confidential business information,

15

information regarding confidential business practices, or other

16

confidential information (including information implicating privacy

17

rights of third parties), information otherwise generally unavailable to

18

the public, or which may be privileged or otherwise protected from

19

disclosure under state or federal statutes, court rules, case decisions, or

20

common law. Accordingly, to expedite the flow of information, to

21

facilitate the prompt resolution of disputes over confidentiality of

22

discovery materials, to adequately protect information the Parties are

23

required and/or entitled to keep confidential, to ensure that the Parties

24

are permitted reasonable necessary uses of such material in preparation

25

for and in the conduct of trial, to address their handling at the end of the

26

litigation, and serve the ends of justice, a protective order for such

27

information is justified in this matter. It is the intent of the Parties that

28

information will not be designated as confidential for tactical reasons
3

1

and that nothing be so designated without a good faith belief that it has

2

been maintained in a confidential, non-public manner, and there is good

3

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

4

1.3

Acknowledgment of Procedure for Filing Under Seal. The

5

Parties further acknowledge, as set forth in Section 12.3, below, that this

6

Stipulated Protective Order does not entitle them to file confidential

7

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

8

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

9

seeks permission from the court to file material under seal.

10

There is a strong presumption that the public has a right of access

11

to judicial proceedings and records in civil cases. In connection with

12

non-dispositive motions, good cause must be shown to support a filing

13

under seal. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d

14

1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors

15

Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony

16

Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

17

protective orders require good cause showing), and a specific showing of

18

good cause or compelling reasons with proper evidentiary support and

19

legal justification, must be made with respect to Protected Material that

20

a party seeks to file under seal. The parties’ mere designation of

21

Disclosure or Discovery Material as CONFIDENTIAL does not—

22

without the submission of competent evidence by declaration,

23

establishing that the material sought to be filed under seal qualifies as

24

confidential, privileged, or otherwise protectable—constitute good cause.

25

Further, if a party requests sealing related to a dispositive motion

26

or trial, then compelling reasons, not only good cause, for the sealing

27

must be shown, and the relief sought shall be narrowly tailored to serve

28

the specific interest to be protected. See Pintos v. Pac. Creditors Ass’n,
4

1

605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of

2

information, document, or thing sought to be filed or introduced under

3

seal in connection with a dispositive motion or trial, the party seeking

4

protection must articulate compelling reasons, supported by specific

5

facts and legal justification, for the requested sealing order. Again,

6

competent evidence supporting the application to file documents under

7

seal must be provided by declaration.

8

Any document that is not confidential, privileged, or otherwise

9

protectable in its entirety will not be filed under seal if the confidential

10

portions can be redacted. If documents can be redacted, then a redacted

11

version for public viewing, omitting only the confidential, privileged, or

12

otherwise protectable portions of the document, shall be filed. Any

13

application that seeks to file documents under seal in their entirety

14

should include an explanation of why redaction is not feasible.

15

2.

16

DEFINITIONS
2.1

Action: Keith Feder, M.D., Inc. v. Amazon.com, Inc., United

17

States District Court, Central District of California, Case No. 2:24-cv-

18

07416-SRM-SSC

19

2.2

20
21

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

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information

22

(regardless of how it is generated, stored or maintained) or tangible

23

things that qualify for protection under Rule 26(c) of the Federal Rules of

24

Civil Procedure, and as specified above in the Good Cause Statement and

25

below.

26

The term Confidential Information shall include confidential or

27

proprietary technical, scientific, financial, business, health, or medical

28

information designated as “CONFIDENTIAL” by the producing party.
5

1

The term “Confidential Health Information” shall constitute a

2

subset of Confidential Information, and shall be designated as

3

“CONFIDENTIAL” and subject to all other terms and conditions

4

governing the treatment of Confidential Information. Confidential

5

Health Information shall mean information supplied in any form, or any

6

portion thereof, that identifies an individual or subscriber in any manner

7

and relates to the past, present, or future care, services, or supplies

8

relating to the physical or mental health or condition of such individual

9

or subscriber, the provision of health care to such individual or

10

subscriber, or the past, present, or future payment for the provision of

11

health care to such individual or subscriber. Confidential Health

12

Information shall include, but is not limited to, claim data, claim forms,

13

grievances, appeals, or other documents or records that contain any

14

patient health information required to be kept confidential under any

15

state or federal law, including 45 C.F.R. Parts 160 and 164 promulgated

16

pursuant to the Health Insurance Portability and Accountability Act of

17

1996 (see 45 C.F.R. §§ 164.501 & 160.103), and the following subscriber,

18

patient, or member identifiers:

19

a.

names;

20

b.

all geographic subdivisions smaller than a State, including

21

street address, city, county, precinct, and zip code;

22

c.

23

an individual, including birth date, admission date, discharge date,

24

age, and date of death;

25

d.

telephone numbers;

26

e.

fax numbers;

27

f.

electronic mail addresses;

28

g.

social security numbers;

all elements of dates (except year) for dates directly related to

6

1

h.

medical record numbers;

2

i.

health plan beneficiary numbers;

3

j.

account numbers;

4

k.

certificate/license numbers;

5

l.

vehicle identifiers and serial numbers, including license plate

6

numbers;

7

m.

device identifiers and serial numbers;

8

n.

web universal resource locators (“URLs”);

9

o.

internet protocol (“IP”) address numbers;

10

p.

biometric identifiers, including finger and voice prints;

11

q.

full face photographic images and any comparable images;

12

and/or

13

r.

any other unique identifying number, characteristic, or code.

14

2.4

“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”

15

Information or Items: extremely sensitive “CONFIDENTIAL”

16

Information or Items, the disclosure of which to another Party or Non-

17

Party would create a substantial risk of serious harm that could not be

18

avoided by less restrictive means.

19
20
21

2.5

Counsel: Outside Counsel of Record and House Counsel (as

well as their support staff).
2.6

Designating Party: a Party or Non-Party that designates

22

information or items that it produces in disclosures or in responses to

23

discovery as “CONFIDENTIAL.”

24

2.7

Disclosure or Discovery Material: all items or information,

25

regardless of the medium or manner in which it is generated, stored, or

26

maintained (including, among other things, testimony, transcripts, and

27

tangible things), that are produced or generated in disclosures or

28

responses to discovery in this matter.
7

1

2.8

Expert: a person with specialized knowledge or experience in

2

a matter pertinent to the litigation who has been retained by a Party or

3

its counsel to serve as an expert witness or as a consultant in this Action.

4

2.9

Final Disposition: the later of (1) dismissal of all claims and

5

defenses in this Action, with or without prejudice; and (2) final judgment

6

herein after the completion and exhaustion of all appeals, rehearings,

7

remands, trials, or reviews of this Action, including the time limits for

8

filing any motions or applications for extension of time pursuant to

9

applicable law.

10

2.10 In-House Counsel: attorneys who are employees of a Party to

11

this Action. In-House Counsel does not include Outside Counsel of

12

Record or any other outside counsel.

13

2.11 Non-Party: any natural person, partnership, corporation,

14

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

15

2.12 Outside Counsel of Record: attorneys who are not employees

16

of a party to this Action but are retained to represent or advise a Party to

17

this Action and have appeared in this Action on behalf of that Party or

18

are affiliated with a law firm which has appeared on behalf of that Party,

19

and includes support staff.

20

2.13 Party: any party to this Action, including all of its officers,

21

directors, employees, consultants, retained experts, and Outside Counsel

22

of Record (and their support staffs).

23
24

2.14 Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.

25

2.15 Professional Vendors: persons or entities that provide

26

litigation- support services (e.g., photocopying, videotaping, translating,

27

preparing exhibits or demonstrations, and organizing, storing, or

28

retrieving data in any form or medium) and their employees and
8

1

subcontractors.
2.16 Protected Material: any Disclosure or Discovery Material that

2
3

is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

4

ATTORNEYS’ EYES ONLY.”
2.17 Receiving Party: a Party that receives Disclosure or Discovery

5
6

Material from a Producing Party.

7

3.

SCOPE

8

The protections conferred by this Stipulation and Order cover not

9

only Protected Material (as defined above), but also (1) any information

10

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

11

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

12

testimony, conversations, or presentations by Parties or their Counsel

13

that might reveal Protected Material.

14

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

15

orders of the trial judge. This Stipulated Protective Order does not

16

govern the use of Protected Material at trial.

17

4.

18
19

TRIAL AND DURATION
The terms of this Stipulated Protective Order apply through Final

Disposition of the Action.

20

Once a case proceeds to trial, information that was designated as

21

CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

22

ONLY or maintained pursuant to this Stipulated Protective Order and

23

used or introduced as an exhibit at trial becomes public and will be

24

presumptively available to all members of the public, including the

25

press, unless compelling reasons supported by specific factual findings

26

to proceed otherwise are made to the trial judge in advance of the trial.

27

See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause”

28

showing for sealing documents produced in discovery from “compelling
9

1

reasons” standard when merits-related documents are part of court

2

record). Accordingly, for such materials, the terms of this Stipulated

3

Protective Order do not extend beyond the commencement of the trial.

4

Even after Final Disposition of this litigation, the confidentiality

5

obligations imposed by this Stipulated Protective Order shall remain in

6

effect until a Designating Party agrees otherwise in writing or a court

7

order otherwise directs.

8

5.

9

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

10

Protection. Each Party or Non-Party that designates information or

11

items for protection under this Order must take care to limit any such

12

designation to specific material that qualifies under the appropriate

13

standards. The Designating Party must designate for protection only

14

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

15

communications that qualify so that other portions of the material,

16

documents, items, or communications for which protection is not

17

warranted are not swept unjustifiably within the ambit of this Order.

18

Mass, indiscriminate, or routinized designations are prohibited.

19

Designations that are shown to be clearly unjustified or that have been

20

made for an improper purpose (e.g., to unnecessarily encumber the case

21

development process or to impose unnecessary expenses and burdens on

22

other parties) may expose the Designating Party to sanctions.

23

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

24

items that it designated for protection do not qualify for protection, that

25

Designating Party must promptly notify all other Parties that it is

26

withdrawing the inapplicable designation.

27
28

5.2

Manner and Timing of Designations. Except as otherwise

provided in this Stipulated Protective Order (see, e.g., second paragraph
10

1

of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure

2

or Discovery Material that qualifies for protection under this Stipulated

3

Protective Order must be clearly so designated before the material is

4

disclosed or produced.

5
6

Designation in conformity with this Stipulated Protective Order
requires:

7

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

8

documents, but excluding transcripts of depositions or other pretrial or

9

trial proceedings), that the Producing Party affix at a minimum, the

10

legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

11

ATTORNEYS’ EYES ONLY” to each page that contains protected

12

material. If only a portion or portions of the material on a page

13

qualifies for protection, the Producing Party also must clearly identify

14

the protected portion(s) (e.g., by making appropriate markings in the

15

margins).

16

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

17

inspection need not designate them for protection until after the

18

inspecting Party has indicated which documents it would like copied

19

and produced. During the inspection and before the designation, all of

20

the material made available for inspection shall be deemed

21

CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

22

ONLY. After the inspecting Party has identified the documents it

23

wants copied and produced, the Producing Party must determine which

24

documents, or portions thereof, qualify for protection under this

25

Stipulated Protective Order. Then, before producing the specified

26

documents, the Producing Party must affix the “CONFIDENTIAL” or

27

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to

28

each page that contains Protected Material. If only a portion or portions
11

1

of the material on a page qualifies for protection, the Producing Party

2

also must clearly identify the protected portion(s) (e.g., by making

3

appropriate markings in the margins).

4

(b) for testimony given in depositions that the Designating Party

5

identify the Disclosure or Discovery Material on the record, before the

6

close of the deposition all protected testimony.

7

(c) for information produced in some form other than

8

documentary and for any other tangible items, that the Producing Party

9

affix in a prominent place on the exterior of the container or containers

10

in which the information is stored the “CONFIDENTIAL” or “HIGHLY

11

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend. If only a

12

portion or portions of the information warrants protection, the Producing

13

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

14

(d) for information disclosed at a hearing or trial that the

15

Designating Party requests the Judge, at the time the information is

16

proffered or adduced, to receive the information only in the presence of

17

those persons designated to receive such information and Court

18

personnel, and to designate the transcript appropriately.

19

(e) Confidential Information marked as “CONFIDENTIAL -

20

ATTORNEYS’ EYES ONLY” may be used solely for the purpose of

21

conducting this Litigation and not for any other purpose whatsoever.

22

5.3

Inadvertent Failures to Designate. If timely corrected, an

23

inadvertent failure to designate qualified information or items does not,

24

standing alone, waive the Designating Party’s right to secure protection

25

under this Order for such material. Upon timely correction of a

26

designation, the Receiving Party must make reasonable efforts to assure

27

that the material is treated in accordance with the provisions of this

28

Stipulated Protective Order.
12

1

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

2

Timing of Challenges. Any Party or Non-Party may

3

challenge a designation of confidentiality at any time that is consistent

4

with the court’s Scheduling Order.
6.2

5

Meet and Confer. The Challenging Party shall initiate the

6

dispute resolution process under Local Rule 37.1 et seq. and with

7

Section 2 of Judge Christensen’s Civil Procedures titled “Brief Pre-

8

Discovery Motion Conference.”2
6.3

9

The burden of persuasion in any such challenge proceeding

10

shall be on the Designating Party. Frivolous challenges, and those

11

made for an improper purpose (e.g., to harass or impose unnecessary

12

expenses and burdens on other parties) may expose the Challenging

13

Party to sanctions. Unless the Designating Party has waived or

14

withdrawn the confidentiality designation, all Parties shall continue to

15

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

16

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

17

the challenge.

18

7.

19

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected

20

Material that is disclosed or produced by another Party or by a Non-

21

Party in connection with this Action only for prosecuting, defending, or

22

attempting to settle this Action and for no other action. A Receiving

23

Party shall hold such information received from the disclosing Party in

24

confidence, shall not use it for any business or other commercial

25

purpose, shall not use it for filing or prosecuting any patent application

26
27
28

2 Judge Christensen’s Procedures are available at

https://www.cacd.uscourts.gov/honorable-stephanie-s-christensen.
13

1

(of any type) or patent reissue or reexamination request, and shall not

2

disclose it to any person, except as hereinafter provided. Such Protected

3

Material may be disclosed only to the categories of persons and under

4

the conditions described in this Order. When the Action reaches a Final

5

Disposition, a Receiving Party must comply with the provisions of

6

section 13 below.

7

All documents, including attorney notes and abstracts, which

8

contain another Party’s Confidential Information, shall be handled as if

9

they were designated pursuant to Paragraph 5.

10

Protected Material must be stored and maintained by a Receiving

11

Party at a location and in a secure manner that ensures that access is

12

limited to the persons authorized under this Stipulated Protective

13

Order.

14

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

15

Unless otherwise ordered by the court or permitted in writing by the

16

Designating Party, a Receiving Party may disclose any information or

17

item designated “CONFIDENTIAL” only:

18

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

19

Action, as well as employees of said Outside Counsel of Record

20

(excluding experts and investigators) to whom it is reasonably necessary

21

to disclose the information for this Action;

22

(b) to the officers, directors, and employees (including House

23

Counsel) of the Receiving Party to whom disclosure is reasonably

24

necessary for this Action;

25

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

26

whom disclosure is reasonably necessary for this Action and who have

27

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

28

(d) to the court and its personnel;
14

1

(e) private court reporters and their staff to whom disclosure is

2

reasonably necessary for this Action and who have signed the

3

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

4

(f) to professional jury or trial consultants, mock jurors, and

5

Professional Vendors to whom disclosure is reasonably necessary for

6

this Action and who have signed the “Acknowledgment and Agreement

7

to Be Bound” (Exhibit A);

8

(g) to the author or recipient of a document containing the

9

information or a custodian or other person who otherwise possessed or

10

knew the information;

11

(h) during their depositions, to witnesses, and attorneys for

12

witnesses, in the Action to whom disclosure is reasonably necessary,

13

provided: (1) the deposing party requests that the witness sign the

14

“Acknowledgment and Agreement to Be Bound” (Exhibit A); and (2) the

15

witness will not be permitted to keep any confidential information

16

unless they sign the “Acknowledgment and Agreement to Be Bound”

17

(Exhibit A), unless otherwise agreed by the Designating Party or

18

ordered by the court. Pages of transcribed deposition testimony or

19

exhibits to depositions that reveal Protected Material may be separately

20

bound by the court reporter and may not be disclosed to anyone except

21

as permitted under this Stipulated Protective Order;

22

(i) Stenographers and videographers engaged to transcribe or

23

record depositions conducted in this action provided that such

24

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

25

bound by the terms of this Order; and

26

(j) to any mediator or settlement officer, and their supporting

27

personnel, mutually agreed upon by any of the parties engaged in

28

settlement discussions.
15

7.3

1

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’

2

EYES ONLY” Information or Items. Unless otherwise ordered by the

3

court or permitted in writing by the Designating Party, a Receiving

4

Party may disclose any information or item designated “HIGHLY

5

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action,

6
7

as well as employees of said Outside Counsel of Record (excluding

8

experts and investigators) to whom it is reasonably necessary to disclose

9

the information for this Action;

10

(b) House Counsel;

11

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

12

whom disclosure is reasonably necessary for this Action and who have

13

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

14

(d) the court and its personnel;

15

(e) private court reporters and their staff to whom disclosure is

16

reasonably necessary for this Action and who have signed the

17

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

18

(f) the author or recipient of a document containing the

19

information; and

20

(g) any mediator or settlement officer, and their supporting

21

personnel, mutually agreed upon by any of the Parties engaged in

22

settlement discussions.

23

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

24

PRODUCED IN OTHER LITIGATION

25

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

26

other litigation that compels disclosure of any information or items

27

designated in this Action as “CONFIDENTIAL” or “HIGHLY

28

CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” that Party must:
16

(a) promptly notify in writing the Designating Party. Such

1
2

notification shall include a copy of the subpoena or court order;

3

(b) promptly notify in writing the party who caused the

4

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

5

material covered by the subpoena or order is subject to this Protective

6

Order. Such notification shall include a copy of this Stipulated

7

Protective Order; and

8

(c) cooperate with respect to all reasonable procedures sought to

9

be pursued by the Designating Party whose Protected Material may be

10

affected.

11

If the Designating Party timely seeks a protective order, the

12

Party served with the subpoena or court order shall not produce any

13

information designated in this action as “CONFIDENTIAL” or “HIGHLY

14

CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” before a determination by

15

the court from which the subpoena or order issued, unless the Party has

16

obtained the Designating Party’s permission. The Designating Party

17

shall bear the burden and expense of seeking protection in that court of

18

its confidential material and nothing in these provisions should be

19

construed as authorizing or encouraging a Receiving Party in this

20

Action to disobey a lawful directive from another court.

21

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

22

PRODUCED IN THIS LITIGATION

23

9.1

Application. The terms of this Stipulated Protective Order

24

are applicable to information produced by a Non-Party in this Action and

25

designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --

26

ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties

27

in connection with this litigation is protected by the remedies and relief

28

provided by this Order. Nothing in these provisions should be construed
17

1

as prohibiting a Non-Party from seeking additional protections.
9.2

2

Notification. In the event that a Party is required, by a valid

3

discovery request, to produce a Non-Party’s confidential information in

4

its possession, and the Party is subject to an agreement with the Non-

5

Party not to produce the Non-Party’s confidential information, then the

6

Party shall:
(a) promptly notify in writing the Requesting Party and the

7
8

Non-Party that some or all of the information requested is subject to a

9

confidentiality agreement with a Non-Party;

10

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

11

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

12

reasonably specific description of the information requested; and
(c) make the information requested available for inspection by

13
14

the Non-Party, if requested.
9.3

15

Conditions of Production. If the Non-Party fails to seek a

16

protective order from this court within 14 days of receiving the notice

17

and accompanying information, the Receiving Party may produce the

18

Non-Party’s confidential information responsive to the discovery request.

19

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

20

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

21

subject to the confidentiality agreement with the Non-Party before a

22

determination by the court. Absent a court order to the contrary, the

23

Non-Party shall bear the burden and expense of seeking protection in

24

this court of its Protected Material.

25

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED

26

MATERIAL

27

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

28

has disclosed Protected Material to any person or in any circumstance
18

1

not authorized under this Stipulated Protective Order, the Receiving

2

Party must immediately (a) notify in writing the Designating Party of

3

the unauthorized disclosures, (b) use its best efforts to retrieve all

4

unauthorized copies of the Protected Material, (c) inform the person or

5

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

6

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

7

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

8

11. INADVERTENT PRODUCTION OF PRIVILEGED OR

9

OTHERWISE PROTECTED MATERIAL

10

When a Producing Party gives notice to Receiving Parties that

11

certain inadvertently produced material is subject to a claim of privilege

12

or other protection, the obligations of the Receiving Parties are those set

13

forth in Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure. This

14

provision is not intended to modify whatever procedure may be

15

established in an e-discovery order that provides for production without

16

prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal

17

Rules of Evidence, insofar as the Parties reach an agreement on the

18

effect of disclosure of a communication or information covered by the

19

attorney-client privilege or work product protection, the Parties may

20

incorporate their agreement in the stipulated protective order

21

submitted to the court.

22

12.

23

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Stipulated

24

Protective Order abridges the right of any person to seek its

25

modification by the court in the future.

26

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

27

of this Stipulated Protective Order, no Party waives any right it

28

otherwise would have to object to disclosing or producing any
19

1

information or item on any ground not addressed in this Stipulated

2

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

3

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

4

Stipulated Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under

5
6

seal any Protected Material must comply with Local Rule 79-5.

7

Protected Material may only be filed under seal pursuant to a court

8

order authorizing the sealing of the specific Protected Material at issue.

9

If a Party's request to file Protected Material under seal is denied by the

10

court, then the Receiving Party may file the information in the public

11

record unless otherwise instructed by the court.

12

13.

13

FINAL DISPOSITION
After the Final Disposition of this Action, as defined in paragraph

14

4, within 60 days of a written request by the Designating Party, each

15

Receiving Party must return all Protected Material to the Producing

16

Party or destroy such material. As used in this subdivision, “all

17

Protected Material” includes all copies, abstracts, compilations,

18

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

19

Protected Material. Whether the Protected Material is returned or

20

destroyed, the Receiving Party must submit a written certification to

21

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

22

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

23

category, where appropriate) all the Protected Material that was

24

returned or destroyed and (2) affirms that the Receiving Party has not

25

retained any copies, abstracts, compilations, summaries or any other

26

format reproducing or capturing any of the Protected Material.

27

Notwithstanding this provision, Counsel is entitled to retain an archival

28

copy of all pleadings, motion papers, trial, deposition, and hearing
20

1

transcripts, legal memoranda, correspondence, deposition and trial

2

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

3

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

4

Any such archival copies that contain or constitute Protected Material

5

remain subject to this Protective Order as set forth in Section 4.

6

14.

7

VIOLATION
Any violation of this Stipulated Protective Order may be punished

8

by any and all appropriate measures including, without limitation,

9

contempt proceedings and/or monetary sanctions at the discretion of the

10

Court.

11
12

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13
14

DATED:_March 6, 2025

_/s/ Jonathan A. Stieglitz
Attorney(s) for Plaintiff(s)

15
16
17

DATED:_March 6, 2025

18

_/s/ Shannon L. Ernster
Attorney(s) for Defendant(s)

19
20
21

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

22
23
24
25

DATED: March 10, 2025

_________________________________
STEPHANIE S. CHRISTENSEN
United States Magistrate Judge

26
27
28
21

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4
5
6
7
8
9

I,

________________________ [print or type full name], of

_________________ [print or type full address], declare under
penalty of perjury that I have read in its entirety and understand the
Stipulated Protective Order that was issued by the United States
District Court for the Central District of California on [date] in the
case of __________ [insert formal name of the case and the

10

number and initials assigned to it by the court]. I agree to

11

comply with and to be bound by all the terms of this Stipulated

12

Protective Order and I understand and acknowledge that failure to so

13

comply could expose me to sanctions and punishment in the nature of

14

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

15

any information or item that is subject to this Stipulated Protective

16

Order to any person or entity except in strict compliance with the

17

provisions of this Order.

18

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

19

District Court for the Central District of California for the purpose of

20

enforcing the terms of this Stipulated Protective Order, even if such

21

enforcement proceedings occur after termination of this action. I

22

hereby appoint ________________________ [print or type full name]

23

of _________ [print or type full address and telephone number] as

24
25
26
27
28
22

1

my California agent for service of process in connection with this action

2

or any proceedings related to enforcement of this Stipulated Protective

3

Order.

4
5

Date:

6

City and State where sworn and

7

signed:

8

Printed name:

___________________________

9

Signature:

___________________________

___________________________
___________________________

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23