Prime Healthcare Services - Garden Grove, LLC v. Sylvia Mathews Burwell

Filing 38

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 36 (See Order for Details) (rh)

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Troy A. Schell, Esq. (SBN 208661) Bryan Wong, Esq. (SBN 205573) rd 2 3300 East Guasti Road, 3 Floor Ontario, California 91761 3 Telephone: (909) 235-4400 Facsimile: (909) 235-4419 1 4 Attorneys for Prime Healthcare Services – Garden Grove, LLC, dba Garden Grove 5 Hospital Medical Center 6 7 8 9 10 11 12 Sandra R. Brown Acting United States Attorney Dorothy A. Schouten, AUSA Chief, Civil Division David K. Barrett, AUSA Chief, Civil Fraud Section Linda A. Kontos, AUSA Deputy Chief, Civil Fraud Section Donald W. Yoo, AUSA (SBN 227679) Room 7516, Federal Building 300 North Los Angeles Street Los Angeles, California 90012 Phone: (213) 894-7395 Facsimile: (213) 894-7819 13 Attorneys for Defendant Thomas E. Price, M.D., in his official capacity as 14 Secretary of the Department of Health and Human Services 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 SOUTHERN DIVISION 18 Prime Healthcare Services – Garden 19 Grove, LLC, a limited liability company doing business as Garden 20 Grove Hospital Medical Center, 21 vs. Plaintiff 22 Thomas E. Price, in his official 23 capacity as Secretary of the Department of Health and Human 24 Services, 25 26 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. SACV 17-00169-AG (KSx) [PROPOSED] STIPULATED PROTECTIVE ORDER Honorable Karen L. Stevenson 27 28 1 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 1.1 PURPOSES AND LIMITATIONS Discovery in the Litigation is likely to involve production of confidential, 2 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting and defending this 5 litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petition the Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all disclosures 8 or responses to discovery and that the protection it affords from public disclosure 9 and use extends only to the limited information or items that are entitled to 10 confidential treatment under the applicable legal principles. The parties further 11 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 12 Order does not entitle them to file confidential information under seal. Rather, 13 when the parties seek permission from the court to file materials under seal, the 14 parties must comply with C.D. Local Rule 79-5 and with any pertinent 15 orders of the assigned District Judge and Magistrate Judge. See, e.g., Standing 16 Order, ¶ 9 (Docket No. 9). Nothing in this Protective Order supersedes existing 17 independent statutory, law enforcement, national security, or regulatory obligations 18 imposed on a party, and this Stipulated Protective Order does not prohibit or 19 absolve the parties from complying with such other obligations 20 1.2 21 GOOD CAUSE STATEMENT This Litigation is likely to involve information and documents which may be 22 subject to limitations on disclosure due to federal laws, state laws, privileges 23 and/or privacy rights concerning the disclosure of confidential medical 24 information, trade secrets, or proprietary information. Accordingly, to expedite the 25 flow of information, to facilitate the prompt resolution of disputes over 26 confidentiality of discovery materials, to adequately protect information the parties 27 are entitled to keep confidential, to ensure that the parties are permitted reasonable 28 necessary uses of such material in connection with this action, to address their 2 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 handling at the end of the litigation, and to serve the ends of justice, a protective 2 order for such information is justified in this matter. The parties shall not designate 3 any information/documents as confidential for tactical reasons or without a good 4 faith belief that it has been maintained in a confidential, non-public manner, and 5 there is good cause or compelling reasons why it should not be part of the public 6 record of this case. 7 1.3 This Litigation involves documents and information that are likely to contain 8 9 CONFIDENTIAL HEALTH INFORMATION certain individually identifiable health information (defined as health information 10 that is connected to a patient’s name, address, social security number or other 11 identifying number). Information produced may be subject to the provisions of the 12 Privacy Act (5 U.S.C. § 552a), the HIPAA Privacy and Security Rule (45 C.F.R. 13 Parts 160, 162, 164), or the provisions of 42 U.S.C. § 1306, or there may be no 14 waiver by the patient to produce the records to any entity outside the requested or 15 subpoenaed person. The Producing Party may produce the information in an 16 unredacted form and shall designate this information as confidential in the manner 17 set forth in paragraph 5 below. All Parties receiving this designated information 18 shall not file these documents or information, submit them to the Court, or 19 reproduce their contents in any court filing unless the information is submitted for 20 filing under seal or all information that would identify the subject of the document 21 or information has been removed or redacted. 22 2. DEFINITIONS 23 2.1 Litigation: This pending federal law suit. 24 2.2 Challenging Party: A Party or Non-Party that challenges the 25 26 designation of information or items under this Order. 2.3 “Confidential” or ‘Confidential Health Information”: Information 27 (regardless of how it is generated, stored or maintained) or tangible things that 28 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 3 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 above in the Good Cause Statement and description of Confidential Health 2 Information. 3 4 5 2.4 Counsel: Government counsel, Relator’s Counsel, Defendants’ Outside Counsel of record and In-house counsel, as well as counsel’s support staff. 2.5 Designating Party: A Party or Non-Party that designates information 6 or items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION.” 8 9 2.6 Disclosure or Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced 11 or generated in disclosures or responses to discovery in this matter. 12 2.7 Expert: A person with specialized knowledge or experience in a 13 matter pertinent to the litigation who has been retained by a Party or its counsel to 14 serve as an expert witness or as a consultant in this Litigation. 15 2.8 In-House Counsel: Attorneys who are employees of a Party to this 16 Litigation. In-House Counsel does not include Outside Counsel of Record or any 17 other outside counsel. 18 19 20 2.9 Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Litigation. 2.10 Outside Counsel of Record: Attorneys who are not employees of a 21 Party to this Litigation but are retained to represent or advise a party to this 22 Litigation and have appeared in this Litigation on behalf of that Party or are 23 affiliated with a law firm which has appeared on behalf of that Party, and includes 24 support staff. 25 2.11 Party: Any party to this Litigation, including all of its officers, 26 directors, employees, consultants, retained experts, and Outside Counsel of Record 27 (and their support staffs). 28 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 4 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Discovery Material in this Litigation. 2 2.13 Professional Vendors: Persons or entities that provide litigation 3 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 4 demonstrations, and organizing, storing, or retrieving data in any form or medium) 5 and their employees and subcontractors. 2.14 Protected Material: Any Disclosure or Discovery Material that is 6 7 designated by a party as “CONFIDENTIAL” or “CONFIDENTIAL HEALTH 8 INFORMATION.” 2.15 Receiving Party: A Party that receives Disclosure or Discovery 9 10 Material from a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any deposition testimony, 16 conversations, or presentations by Parties or their Counsel that might reveal 17 Protected Material, other than during a court hearing or trial. 18 Any use of Protected Material during a court hearing or trial shall be 19 governed by the orders of the presiding judge. This Order does not govern the use 20 of Protected Material during a court hearing or trial. 21 4. 22 DURATION Even after final disposition of this litigation, the confidentiality obligations 23 imposed by this Order shall remain in effect until a Designating Party agrees 24 otherwise in writing or a court order otherwise directs. Final disposition shall be 25 deemed to be the later of (1) dismissal of all claims and defenses in this Litigation, 26 with or without prejudice; and (2) final judgment herein after the completion and 27 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Litigation, 28 including the time limits for filing any motions or applications for extension of 5 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 time pursuant to applicable law. 2 5. 3 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 4 Each Party or Non-Party that designates information or items for protection under 5 this Order must take care to limit any such designation to specific material that 6 qualifies under the appropriate standards. The Designating Party must designate for 7 protection only those parts of material, documents, items, or oral or written 8 communications that qualify so that other portions of the material, documents, 9 items, or communications for which protection is not warranted are not swept 10 unjustifiably within the ambit of this Order. 11 Mass, indiscriminate, or routinized designations are prohibited. Designations that 12 are shown to be clearly unjustified or that have been made for an improper purpose 13 (e.g., to unnecessarily encumber the case development process or to impose 14 unnecessary expenses and burdens on other parties) may expose the Designating 15 Party to sanctions. 16 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., section 5.2(b) below), or as otherwise stipulated or ordered, 22 Disclosure or Discovery Material that qualifies for protection under this Order 23 must be clearly so designated before the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) For information in documentary form (e.g., paper or electronic 26 documents, but excluding electronic information produced in native form or in a 27 format that is not amenable to visible endorsement on the image, and also 28 excluding transcripts of depositions or other pretrial or trial proceedings), that the 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL 2 HEALTH INFORMATION” to each page of the document that contains protected 3 material. If only a portion or portions of the material on a page qualifies for 4 protection, the Producing Party also must clearly identify the protected portion(s) 5 (e.g., by making appropriate markings in the margins). (b) 6 For electronic information that is provided in native form or a 7 format that is not amenable to visible endorsement on the image, the file name(s) 8 shall begin with “CONFIDENTIAL” or “CONFIDENTIAL HEALTH 9 INFORMATION.”1 The media on which the Protected Material is provided (e.g., 10 CD, DVD, external hard drive) also must be and remain plainly labeled with 11 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or 12 “CONFIDENTIAL HEALTH INFORMATION” unless and until the protection of 13 the data within the media is removed. Any copying or transferring of electronic 14 files that are designated as Protected Material must be done in a manner that 15 maintains the protection for all copies, including, but not limited to, maintaining 16 the protection in the filename(s) and the location where the copies are stored and 17 the location where the users access the information. (c) 18 A Party or Non-Party that makes original documents available 19 for inspection need not designate them for protection until after the inspecting 20 Party has indicated which documents it would like copied and produced. During 21 the inspection and before the designation, all of the material made available for 22 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 23 identified the documents it wants copied and produced, the Producing Party must 24 determine which documents qualify for protection under this Order. Then, before 25 producing the specified documents, the Producing Party must affix the 26 “CONFIDENTIAL or CONFIDENTIAL HEALTH INFORMATION legend” to 27 1 28 The original metadata of the native files shall be retained pursuant to the Parties’ agreed upon ESI protocols. 7 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 each page of the document that contains Protected Material. If only a portion or 2 portions of the material on a page qualifies for protection, the Producing Party also 3 must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins). If the original documents made available for inspection 5 that are designated for copying include materials produced in native file format, or 6 that are in a format that is not amenable to visible endorsement on the image, the 7 Producing Party shall comply with the direction in subparagraph (b) of this 8 Paragraph regarding their production. 9 (d) For testimony given in depositions that the Designating Party 10 identify the Disclosure or Discovery Material on the record, or by letter from 11 counsel within thirty days of receipt of the official deposition transcript or copy 12 thereof (or written notification that the transcript is available), listing the specific 13 pages and lines of the transcript and any exhibits that should be treated as 14 Protected Material. The entire deposition transcript (including any exhibits not 15 previously produced in discovery in this Litigation) shall be treated as Protected 16 Material under this Order until the expiration of the above-referenced 30-day 17 period for designation, except that the deponent (and his or her counsel, if any) 18 may review the transcript of his or her own deposition during the 30-day period 19 subject to this Order and the requirement of executing the certification attached as 20 Exhibit A. After designation of Protected Material is made, the following shall be 21 placed on the front of the original and each copy of a deposition transcript 22 containing Protected Material: “CONFIDENTIAL – SUBJECT TO PROTECTIVE 23 ORDER” or “CONFIDENTIAL HEALTH INFORMATION.” If the deposition 24 was filmed, both the recording storage medium (i.e. CD or DVD) and its container 25 shall be labeled “CONFIDENTIAL – SUBJECT TO PROTECIVE ORDER” or 26 “CONFIDENTIAL HEALTH INFORMATION.” 27 28 (e) For information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent 8 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 place on the exterior of the container or containers in which the information is 2 stored the legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or 3 “CONFIDENTIAL HEALTH INFORMATION.” If only a portion or portions of 4 the information warrants protection, the Producing Party, to the extent practicable, 5 shall identify the protected portion(s). (f) 6 For interrogatory answers and responses to requests for 7 admissions, designation of Protected Material shall be made by placing within each 8 interrogatory answer or response to requests for admission asserted to contain 9 Protected Material the following: “CONFIDENTIAL – SUBJECT TO 10 PROTECTIVE ORDER” or ‘CONFIDENTIAL HEALTH INFORMATION.” 5.3 11 Inadvertent Failures to Designate. If timely corrected, an inadvertent 12 failure to designate qualified information or items does not, standing alone, waive 13 the Designating Party’s right to secure protection under this Order for such 14 material. Upon timely correction of a designation, the Receiving Party must make 15 reasonable efforts to assure that the material is treated in accordance with the 16 provisions of this Order. 17 6. 18 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time that is consistent with the Court’s 20 Scheduling Order. 21 22 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be 24 on the Designating Party. Frivolous challenges, and those made for an improper 25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 26 parties) may expose the Challenging Party to sanctions. Unless the Designating 27 Party has waived or withdrawn the confidentiality designation, all parties shall 28 continue to afford the material in question the level of protection to which it is 9 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 entitled under the Producing Party’s designation until the Court rules on the 2 challenge. 3 6.4 After a designation as Protected Material is removed or withdrawn by 4 the Designating Party or by the Court, the Designating Party must provide to the 5 Receiving Party replacement documents, files, or information that is free from any 6 marking is or designations as Protected Material. The replacement versions shall 7 be provided in the same format as the information that is to be replaced, unless 8 otherwise agreed to by the Parties. The presumptive time for providing the 9 replacement information shall be ten days, but the Designating Party must in good 10 faith provide the information in a reasonable time, considering any agreements 11 with the Receiving Party, the volume of information to be re-produced, and the 12 nature or format of the information. 13 7. 14 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 15 disclosed or produced by another Party or by a Non-Party in connection with this 16 Litigation only for prosecuting, defending, or attempting to settle this Litigation. 17 Such Protected Material may be disclosed only to the categories of persons and 18 under the conditions described in this Order. When the Litigation has been 19 terminated, a Receiving Party must comply with the provisions of section 13 20 regarding Final Disposition below. 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL HEALTH 25 INFORMATION” Information or Items. Unless otherwise ordered by the court or 26 permitted in writing by the Designating Party, a Receiving Party may disclose any 27 information or item designated “CONFIDENTIAL” or “CONFIDENTIAL 28 HEALTH INFORMATION” only to: 10 [PROPOSED] STIPULATED PROTECTIVE ORDER (a) the Receiving Party’s Outside Counsel of Record in this 1 2 Litigation, as well as employees of said Outside Counsel of Record to whom it is 3 reasonably necessary to disclose the information for this Litigation; (b) the officers, directors, and employees (including In-house 4 5 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 6 this Litigation and who have received a copy of this Order; (c) 7 Experts (as defined in this Order) of the Receiving Party to 8 whom disclosure is reasonably necessary for this Litigation and who received a 9 copy of this Order 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and 13 Professional Vendors, to whom disclosure is reasonably necessary for this 14 Litigation and who have received a copy of this Order; (g) 15 16 witnesses and potential witnesses, including their counsel, provided each such person first receives a copy of this Order; (h) 17 during their depositions, witnesses, and attorneys for witnesses, 18 in the Litigation to whom disclosure is reasonably necessary provided that (1) the 19 deposing party provides the witness with a copy of this Order; and (2) the witness 20 will not be permitted to keep any Protected Material, unless otherwise agreed by 21 the Designating Party or ordered by the court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be 23 separately bound by the court reporter and may not be disclosed to anyone except 24 as permitted under this Order; and (i) 25 any mediator, arbitrator or settlement officer, and their 26 supporting personnel, mutually agreed upon by any of the parties engaged in 27 settlement discussions. 28 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 PRODUCEDIN OTHER LITIGATION 2 If a Party is served with a subpoena or a court order issued in other litigation 3 that compels disclosure of any information or items designated in this Litigation as 4 “CONFIDENTIAL” or “CONFIDENTIAL HEALTH INFORMATION” that Party 5 must: (a) 6 7 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) 8 promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall 11 include a copy of this Stipulated Protective Order; and (c) 12 cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this 16 Litigation as “CONFIDENTIAL,” or “CONFIDENTIAL HEALTH 17 INFORMATION” before a determination by the court from which the subpoena or 18 order issued, unless the Party has obtained the Designating Party’s permission or 19 unless otherwise required by the law or court order. Absent a court order to the 20 contrary, the Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential material and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this 23 Litigation to disobey a lawful directive from another court. 24 9. 25 PRODUCED IN THIS LITIGATION 26 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a 27 Non-Party in connection with this Litigation, including the United States’ 28 investigation of Relator’s allegations, and designated as “CONFIDENTIAL” or 12 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 “CONFIDENTIAL HEALTH INFORMATION”. Such information produced by 2 Non-Parties in connection with this litigation is protected by the remedies and 3 relief provided by this Order. Nothing in these provisions should be construed as 4 prohibiting a Non-Party from seeking additional protections. 5 (b) In the event that a Party is required, by a valid discovery request, to 6 produce a Non-Party’s confidential information in its possession, and the Party is 7 subject to an agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: (1) 9 promptly notify in writing the Requesting Party and the Non- 10 Party that some or all of the information requested is subject to a confidentiality 11 agreement with a Non-Party; 12 (2) promptly provide the Non-Party with a copy of this Order in 13 this Litigation, the relevant discovery request(s), and a reasonably specific 14 description of the information requested; and (3) 15 16 17 make the information requested available for inspection by the Non-Party, if requested. (c) If a Non-Party represented by counsel fails to commence the process 18 called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the 19 notice and accompanying information or fails contemporaneously to notify the 20 Receiving Party that it has done so, the Receiving Party may produce the 21 Non-Party’s confidential information responsive to the discovery request. If 22 an unrepresented Non-Party fails to seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving 24 Party may produce the Non-Party’s Confidential Information responsive to the 25 discovery request. If the Non-Party timely seeks a protective order, the Receiving 26 Party shall not produce any information in its possession or control that is subject 27 to the confidentiality agreement with the Non-Party before a determination by the 28 court unless otherwise required by the law or court order. Absent a court order 13 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 to the contrary, the Non-Party shall bear the burden and expense of seeking 2 protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has 5 disclosed Protected Material to any person or in any circumstance not authorized 6 under this Order, the Receiving Party must immediately (a) notify in writing the 7 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 8 all unauthorized copies of the Protected Material, (c) inform the person or persons 9 to whom unauthorized disclosures were made of all the terms of this Order. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 12 13 inadvertently produced material is subject to a claim of privilege or other 14 protection, the obligations of the Receiving Parties are those set forth in Federal 15 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 16 whatever procedure may be established in an e-discovery order that provides for 17 production without prior privilege review. 18 12. 19 20 21 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. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Order no Party waives any right it otherwise would have to object to disclosing or 23 producing any information or item on any ground not addressed in this Order. 24 Similarly, no Party waives any right to object on any ground to use in evidence of 25 any of the material covered by this Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5 and with any pertinent 28 orders of the assigned District Judge and Magistrate Judge. See, e.g., Standing 14 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Order, ¶ 9 (Docket No. 9). Protected Material may only be filed under seal 2 pursuant to a court order authorizing the sealing of the specific Protected Material 3 at issue. If a Receiving Party intends to file any Protected Material of a 4 Designating Party, it must provide sufficient notice to the Designating Party to 5 allow the Designating Party to timely request to file the Protected Material at issue 6 under seal. If the Designating Party’s request to file Protected Material under seal 7 is denied by the court, then the Receiving Party may file the information in the 8 public record unless otherwise instructed by the court. 9 13. FINAL DISPOSITION 10 After the final disposition of this Litigation, as defined in paragraph 4, 11 within 60 days of a written request by the Designating Party, each Receiving Party 12 must return all Protected Material to the Producing Party or destroy such material. 13 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 14 compilations, summaries, and any other format reproducing or capturing any of the 15 Protected Material. Whether the Protected Material is returned or destroyed, the 16 Receiving Party must submit a written certification to the Producing Party (and, if 17 not the same person or entity, to the Designating Party) by the 60 day deadline 18 that: (1) identifies (by category, where appropriate) all the Protected Material that 19 was returned or destroyed, and (2) affirms that the Receiving Party has not retained 20 any copies, abstracts, compilations, summaries or any other format reproducing or 21 capturing any of the Protected Material. Notwithstanding this provision, Counsel 22 are entitled to retain an archival copy of all pleadings, motion papers, trial, 23 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 24 and trial exhibits, expert reports, attorney work product, and consultant and expert 25 work product, even if such materials contain Protected Material. Any such archival 26 copies that contain or constitute Protected Material remain subject to this 27 Protective Order as set forth in Section 4 (DURATION). The United States 28 Attorney’s Office for the Central District of California, the Civil Division of the 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Department of Justice, and the Office of the Inspector General of the Department 2 of Health and Human Services shall each have the right to maintain one copy of 3 such documents for their master files. 4 14. DISCLOSURE TO AGENCIES OR DEPARTMENTS OF THE UNITED 5 STATES OR OF THE STATE OF CALIFORNIA 6 Nothing contained in this Order shall prevent or in any way limit or impair 7 the right of the United States or of the State of California to disclose to any agency 8 or department of the United States or of the State of California, or any division of 9 any such agency or department, designated confidential documents or 10 electronically stored information relating to any potential violation of law or 11 regulation, or relating to any matter within that agency’s or department’s 12 jurisdiction. Nor shall anything contained in this Order prevent or in any way limit 13 or impair the use of any such designated confidential documents or electronically 14 stored information by an agency or department in any proceeding relating to any 15 potential violation of law or regulation, or relating to any matter within that 16 agency’s or department’s jurisdiction, provided, however, that the agency or 17 department shall maintain the confidentiality of the designated confidential 18 documents or electronically stored information consistent with the terms of this 19 Order. 20 15. 21 DISCLOSURES TO THE UNITED STATES CONGRESS Nothing contained in this Order shall prevent or in any way limit or impair 22 the right of the United States to provide designated confidential documents or 23 electronically stored information to a Congressional entity, provided, however that 24 the United States shall notify the Congressional entity requesting the documents or 25 electronically stored information that the designated confidential documents or 26 electronically stored information have been produced pursuant to this Order and 27 shall, if there are no objections interposed by the Congressional entity requesting 28 the documents or electronically stored information, use reasonable efforts to notify 16 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 the Producing Party of the Congressional entity’s request and the United States’ 2 response thereto. 3 4 16. Notwithstanding Section 10 of this Order, any violation of this Order may be 5 punished by any and all appropriate measures including, without limitation, 6 contempt proceedings and/or monetary sanctions. 7 8 9 ORDER FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 10 11 12 13 14 Dated: July 27, 2017 __________________________________ HONORABLE KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 The undersigned has read and understands the foregoing Protective Order 4 (the “Protective Order”) entered by the Court in Prime Healthcare Services – 5 Garden Grove, LLC v. Thomas E. Price, No. SACV 17-00169-AG (KSx), which is 6 currently pending in the United States District Court for the Central District of 7 California. I understand its contents, and hereby undertake and agree to be bound 8 by the terms of the Protective Order. Specifically and without limitation, the 9 undersigned agrees not to use or disclose any information that is designated as 10 subject to the Protective Order and made available to me, other than as provided by 11 the Protective Order. The undersigned acknowledges further that my duties under 12 the Protective Order shall survive the termination of this case and that failure to 13 comply with the terms of the Protective Order may result in the imposition of 14 sanctions by the Court and any other sanction authorized by law. I also hereby 15 consent to the personal jurisdiction of the United States District Court for the 16 Central District of California for the purpose of enforcing the aforementioned 17 Order. 18 Dated: 19 Name (Print or Type) 20 21 Signature 22 23 Company (if applicable) 24 25 26 27 28 18 [PROPOSED] STIPULATED PROTECTIVE ORDER

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