Coast to Coast Referral Centers, Inc. v. Blue Cross of Idaho et al

Filing 42

JOINT STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Karen E. Scott re Stipulation for Protective Order 40 . (see document for details). (dro)

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1 2 3 4 5 6 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 BOHM WILDISH, LLP James G. Bohm (SBN 132430) Annie Ventocilla Won (SBN 249719) 695 Town Center Drive, Suite 700 Costa Mesa, CA 92626 (714) 384-6500 telephone (714) 384-6501 facsimile Attorneys for Plaintiff, COAST TO COAST REFERRAL CENTERS, INC. REED SMITH, LLP Amir Shlesinger (SBN 204132) Jonathan D. Gershon (SBN 306979) 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: +1 213 457 8000 Facsimile: +1 213 457 8080 Attorneys for Defendant Blue Cross of Idaho UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 24 25 26 COAST TO COAST REFERRAL CENTERS, INC., a California corporation, ) ) ) ) Plaintiff, ) ) vs. ) ) BLUE CROSS OF IDAHO, an Idaho ) corporation; CHELSEY GRASHAM, an ) individual; CHARLES D. GRASHAM, ) an individual, and DOES 1 through 100, ) inclusive, ) ) Defendants. ) ________________________________ ) Case No. 8:16-cv-00837-JVS-KES JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER Complaint served: July 28, 2016 FAC Filed: Sept. 22, 2016 Honorable James V. Selna 27 28 -1JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 2 TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 Upon agreement of the parties, and in accordance with the California Code of 4 Civil Procedure, the California Rules of Court, and all applicable Local Rules of the 5 United States District Court, Central District, the Court enters this Stipulated 6 Protective Order: APPLICABILITY 7 8 1. This Protective Order shall apply to, and shall govern, all documents, REED SMITH LLP things, discovery responses, and testimony designated by the disclosing party in good 10 A limited liability partnership formed in the State of Delaware 9 faith as constituting or containing confidential information pursuant to this Protective 11 Order. 12 CONFIDENTIAL INFORMATION, shall be used solely for the purposes of this 13 lawsuit and for no other purpose. 14 2. All documents produced in this litigation, whether or not marked as The parties stipulate and agree that any and all records produced in this 15 action by Blue Cross of Idaho, that pertain to Defendant Chelsey Grasham or Charles 16 Grasham are designated CONFIDENTIAL. 17 18 3. The use of any materials that are designated as CONFIDENTIAL at trial shall be governed by the orders of the trial judge. 19 CONFIDENTIAL INFORMATION 20 21 4. Material may be designated “CONFIDENTIAL” if the designating party 22 in good faith believes that disclosure of such material in this case without the 23 designation may present a risk of injury to the disclosing party. 24 information includes, but is not limited, all materials reflecting, referring to, or 25 evidencing any information deemed confidential by any local, state, or federal statute, 26 ordinance, regulation, or other law, and all private or sensitive commercial, financial, 27 personal or personnel, underwriting, rating, claims and insurance policy information. Confidential 28 -2JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 5. 1 The Parties acknowledge that any conveyance of Protected Health 2 Information ("PHI") is subject to the confidentiality requirements of the Health 3 Insurance Portability and Accountability Act ("HIPAA''). Documents containing PHI 4 shall be designated accordingly and both Parties shall comply with all HIPAA 5 confidentiality requirements. 6. 6 The disclosing party shall designate any document containing “CONFIDENTIAL” or its equivalent. The disclosing party shall designate things as 9 containing confidential information by stamping or marking them in a similar manner, 10 REED SMITH LLP confidential information by stamping on at least the first page thereof a notice reading 8 A limited liability partnership formed in the State of Delaware 7 to the extent practicable. When confidential information is disclosed in a form not 11 appropriate for such stamping or marking, it shall be designated in writing as 12 CONFIDENTIAL at the time it is delivered to the receiving party. The term 13 “CONFIDENTIAL INFORMATION” is used hereinafter to mean confidential 14 information that has been designated as CONFIDENTIAL pursuant to this Protective 15 Order. 7. 16 Except upon further order of the Court or by express written consent of 17 counsel for the disclosing party, CONFIDENTIAL INFORMATION furnished in this 18 litigation shall not be disclosed by the receiving party to any person or entity other 19 than: 20 (a) Counsel of record, including employees of counsel of record (such 21 as paralegals, clerks, secretaries, associates, and partners) actively engaged in 22 this litigation; 23 (b) Employees of the respective parties, including in-house counsel, if 24 any, who are actively engaged in assisting and/or advising counsel regarding 25 the conduct of this litigation. Each party hereto represents that the employee 26 and their secretaries have been (or will be prior to receiving CONFIDENTIAL 27 INFORMATION) informed of the terms of this Protective Order and have 28 -3JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 agreed 2 INFORMATION) to be bound by its terms and conditions; (c) 3 (or will agree prior to receiving any CONFIDENTIAL Independent accountants and experts retained by the parties for the 4 purposes of this litigation reasonably necessary, (and the professional 5 secretarial and clerical staff of such entities); (d) 6 Court reporters and necessary support personnel of such court 7 reporters retained in connection with depositions taken or testimony provided 8 during the course of this action by any party in this litigation to the extent 9 necessary to transcribe such testimony and identify exhibits marked; (e) REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 Service bureaus engaged by counsel of record to perform clerical- 11 type services in connection with this litigation, e.g., photocopying, imaging, 12 computer data entry, and the like; (f) 13 Employees of a party’s insurance carrier, if any, that may cover 14 damage claims made in connection with this lawsuit to the extent reasonably 15 necessary to facilitate their involvement in this action; 16 (g) The Court and its staff; and 17 (h) Deponents during depositions or witnesses during hearings to the 18 extent reasonably necessary to prepare for or provide trial, hearing, or 19 deposition testimony, provided that (i) these individual not be permitted to keep 20 copies of such documents or information, and (ii) counsel of record retains 21 direct control of such CONFIDENTIAL INFORMATION at all times. 22 8. Prior to the disclosure to any person identified in paragraphs 6(b), 6(c), 23 6(e), 6(f), and 6(h) hereof of an opposing party’s CONFIDENTIAL INFORMATION, 24 such person shall be furnished with a copy of this Protective Order and shall be 25 required to execute an acknowledgment, in the form of Attachment “A” hereto, that 26 the person has read this Protective Order and agrees to be bound by its terms, 27 including the obligation to protect such confidential information from discovery by 28 unauthorized co-employees and third persons. -4JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 9. The parties acknowledge and agree that this Protective Order shall not be 2 deemed to be a waiver of any of the parties’ rights or remedies, other than those 3 expressly waived herein. 4 SPECIAL PROVISIONS FOR DEPOSITIONS 5 6 10. Prior to or during the deposition or within fifteen (15) days after deposition or any portion thereof as CONFIDENTIAL INFORMATION, in which 9 case it shall be so considered and treated as within the terms of this Protective Order. 10 REED SMITH LLP receiving the deposition transcript of any person, any party may designate the entire 8 A limited liability partnership formed in the State of Delaware 7 The deposition shall be treated as containing CONFIDENTIAL INFORMATION 11 until such designation is received or until after the aforementioned 15-day period, 12 whichever occurs first. The original and all copies of any such deposition transcripts 13 shall be considered to contain CONFIDENTIAL INFORMATION and shall be 14 marked by the court reporter with the notice “CONFIDENTIAL INFORMATION 15 COVERED BY PROTECTIVE ORDER” or the equivalent. 16 17 18 SUBSEQUENT DESIGNATION OF TESTIMONY, DOCUMENTS AND THINGS 11. Failure of counsel to designate and/or mark any document, thing or 19 testimony as CONFIDENTIAL INFORMATION as provided above shall not 20 preclude the disclosing PARTY from thereafter in good faith making such a 21 designation and requesting the receiving party to so mark and treat such documents 22 and things so designated. After such designation, such documents and things shall be 23 fully subject to this Protective Order and treated thereafter according to the new or 24 corrected designation. The receiving party, however, shall incur no liability for 25 disclosures made prior to notice of such designations. 26 27 28 -5JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER FILING WITH THE COURT 1 2 12. Any party who wishes to file any materials or information which a party documents filed with the Court, including deposition transcripts, answers to 5 interrogatories, briefs, memoranda, affidavits, and the like, unless otherwise agreed by 6 the parties or ordered by the Court, shall file an Application for leave to file the 7 materials “under seal” pursuant to L.R. 79-5.2.2. The parties acknowledge and agree 8 that they are familiar with, or will become familiar with, the provisions of Federal 9 Rules of Civil Procedure Rule 5.2 and L.R. 79-5.2.2, as well as any other 10 REED SMITH LLP designates as CONFIDENTIAL INFORMATION with the Court or referred to in 4 A limited liability partnership formed in the State of Delaware 3 requirements that exist now or may exist in the future, regarding the sealing of court 11 records, and agree to be bound by its provisions. 12 LIMITATIONS ON RESTRICTIONS 13 14 15 13. apply to documents, materials, testimony or information which: (a) 16 17 The restrictions and obligations set forth in this Protective Order shall not are, or become, public knowledge, other than through violation of the terms of this Protective Order; (b) 18 are acquired by a non-designating party from a third party lawfully 19 possessing such information and having no obligation of confidentiality to the 20 designating party; (c) 21 22 was lawfully possessed by a non-designating party prior to the opening of discovery in this proceeding; (d) 23 are disclosed by a non-designating party with the approval of the 24 designating party, except to the extent the information is inadvertently disclosed 25 pursuant to paragraph 10. 26 14. Nothing in this Protective Order shall restrict a party or its counsel from: 27 using or disclosing documents, materials, testimony or information which they already 28 possess or acquire by proper means independent of the formal discovery process in -6JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 this action; disclosing documents to an individual who either prepared or reviewed the 2 document prior to the filing of this action; or using any information or documents at a 3 deposition of the disclosing party or any of its employees. This Protective Order shall 4 not prohibit a party’s counsel from contacting any person merely because that 5 person’s identity is disclosed in documents, materials, testimony or information that 6 has been designated pursuant to the terms of this Protective Order. The restrictions 7 and obligations set forth herein shall not be deemed to prohibit discussions with any 8 person of any information if the person already has or obtains legitimate possession 9 thereof. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 REMOVAL FROM CONFIDENTIALITY 11 15. 12 If the receiving party disagrees with a CONFIDENTIAL 13 INFORMATION designation, it may notify counsel for the disclosing party in writing 14 of 15 INFORMATION the receiving party contends is not confidential, and request that the 16 designation be so changed. Within fifteen (15) days after receipt of such request both 17 parties will confer in good faith as to the proper status of such information. If the 18 parties are unable to reach agreement, the receiving party may apply to the Court to 19 resolve the dispute by following the procedure outlined in L.R. 37. At any hearing or 20 briefing with respect to such re-designation, the disclosing party shall have the burden 21 of 22 INFORMATION. While such application and ruling are pending, the receiving party 23 shall treat such information as CONFIDENTIAL INFORMATION under this 24 Protective Order as designated by the disclosing party. No party shall be obligated to 25 challenge the propriety of a confidential designation, and a failure to do so during or 26 after this litigation shall not preclude a subsequent challenge to the propriety of such 27 designation. such disagreement establishing the by specifically confidentiality of identifying the the particular CONFIDENTIAL CONFIDENTIAL 28 -7JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER GENERAL PROVISIONS 1 2 16. This Protective Order shall be without prejudice to the right of any party 3 to object or oppose production of any information for lack of relevance or any other 4 ground other than the mere presence of CONFIDENTIAL INFORMATION. The 5 existence of this Protective Order shall not be used by any party as a basis for 6 discovery that is otherwise not proper under the Code of Civil Procedure. 7 17. The parties acknowledge and agree that this Protective Order shall not be 8 deemed to waive any of the parties’ rights or remedies, other than those expressly 9 waived herein. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 18. designated CONFIDENTIAL, or their equivalent, or information contained therein: (a) 12 13 Each person, other than the Court or its staff, that receives materials shall not use the materials or information for any other purpose other than in connection with the conduct of this litigation; (b) 14 shall agree to subject himself/herself/itself personally to the 15 jurisdiction of this Court, solely for the purpose of proceedings relating to the 16 performance under, compliance with, or violation of this Protective Order; (c) 17 shall not disclose such materials or information to any person to 18 whom disclosure is not authorized by the express terms of this Protective Order; 19 and (d) 20 shall maintain such materials or information in a secure and safe 21 area, exercising all reasonable standards of due and proper care with respect to 22 the storage, custody, and use of such materials or information, such that the 23 materials or information are not further disclosed or used, either intentionally or 24 unintentionally, in any manner inconsistent with this Protective Order. 25 19. Any third party producing materials in this action may be included in this 26 Protective Order by endorsing a copy of this order and delivering it to the party 27 requesting materials, who, in turn, will serve it upon counsel for the other parties. 28 -8JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 20. 1 Within (60) days after entry of dismissal of this action, or termination of deliver to each other all documents containing or referencing “Confidential” material. 4 In the event of third party confidential information, such documents shall be delivered 5 to the counsel for the party asserting confidential designation. In the alternative, the 6 producing party and receiving party may further stipulate in writing that all or some 7 documents containing “Confidential” information may be destroyed so long as an 8 appropriate certification satisfactory to the party asserting confidential designation is 9 provided. 10 REED SMITH LLP this case by way of satisfied settlement, counsel for the parties shall assemble and 3 A limited liability partnership formed in the State of Delaware 2 21. All copies of deposition transcripts bearing a “Confidential” designation, 11 whether written or video, shall be delivered to counsel for the party asserting such 12 designation. All “rough” deposition transcripts and excerpts bearing a “Confidential” 13 designation shall be returned, destroyed or deleted, and the party asserting 14 “Confidential” designation may require certification to that effect from any participant 15 of this Order. 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 -9JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 22. This Protective Order shall not preclude any party from applying to the 2 Court for further or additional protective orders, or from agreeing with the other 3 parties to modify this Protective Order, subject to the approval of the Court. 4 5 IT IS SO STIPULATED: 6 DATED: February 23, 2017 BOHM WILDISH, LLP 7 8 By: 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 DATED: February 23, 2017 /s/ Annie Ventocilla Won James G. Bohm Annie Ventocilla Won Attorneys for Plaintiff COAST TO COAST REFERRAL CENTERS, INC. REED SMITH, LLP 14 By 15 16 17 18 19 20 /s/Jonathan D. Gershon Amir Shlesinger Jonathon Gershon Attorneys for Defendant BLUE CROSS OF IDAHO Filer’s Attestation:  Pursuant to Local Rule 5‐1(i)(3), Jonathan D. Gershon hereby  attests that all other signatories listed, and on whose behalf the filing is submitted,  concur in the filing’s content and have authorized the filing.    21 22 23 24 25 IT IS SO ORDERED. DATED: ____March 01, 2017_ ______________________________ Honorable Karen E. Scott United States Magistrate Court Judge 26 27 28 - 10 JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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