Valley Children's Hospital v. Grimmway Enterprises, Inc. et al

Filing 32

STIPULATION re: Protective Order, signed by Magistrate Judge Christopher D. Baker on 3/10/2025. (Deputy Clerk OFR)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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VALLEY CHILDREN’S HOSPITAL, a
California nonprofit public benefit
corporation,

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Plaintiff,
v.

Case No. 1:24-CV-00643-JLT-CDB
STIPULATION RE: [PROPOSED]
PROTECTIVE ORDER
Complaint Filed: May 30, 2024

GRIMMWAY ENTERPRISES, INC., a
Delaware corporation; and GRIMMWAY
ENTERPRISES, INC.
ADMINISTRATIVE GROUP WELFARE
PLAN, an employee welfare benefit plan,
Defendants.

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1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from

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public disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition the court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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

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

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

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

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

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confidential information under seal; Local Rule 141 sets forth the procedures that must

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

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the court to file material under seal.

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Based upon the Stipulation of the parties and pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that:

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2.

DEFINITIONS

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2.1

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

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information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how

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it is generated, stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(c), including but not limited to patient records and

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data, claim files, non-public financial records and data, employee or personnel files,

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customer or client lists, confidential contracts, other healthcare-related information

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protected by The Health Insurance Portability and Accountability Act of 1996, and all

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other information that the party in good faith believes will, if disclosed, cause harm to

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the Producing Party’s competitive position.

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1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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2.3

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:

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

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tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c)

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subject to limited disclosure as set forth in Paragraph 7.3, that will, if disclosed, cause

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substantial competitive and economic harm to the Producing Party. This includes, but

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is not limited to, trade secrets, proprietary claims-review and audit processes, and all

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other non-public, proprietary financial, regulatory, or strategic information and data, to

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the extent that any of these categories of information or tangible things will, if

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disclosed, cause substantial competitive and economic harm to the Producing Party.

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2.4

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

Counsel (as well as their support staff).
2.5

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

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items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”

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or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.5

Disclosure or Discovery Material: all items or information, regardless of

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

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

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generated in relation to the claims and disputes in this matter or in disclosures or

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responses to discovery in this matter.

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2.6

Expert: a person with specialized knowledge or experience in a

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

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serve as an expert witness or as a consultant in this action.

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2.7

House Counsel: attorneys who are employees of a party to this

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action. House Counsel does not include Outside Counsel of Record or any other

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outside counsel.

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2.8

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Non-Party: any natural person, partnership, corporation, association, or

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

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1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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2.9

Outside Counsel of Record: attorneys who are not employees of a party to

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

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

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appeared on behalf of that party.

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2.10 Party: any party to this action, including all of its officers, directors,

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

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support staffs).

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2.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.12 Professional Vendors: persons or entities that provide litigation support

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

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

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their employees and subcontractors.

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2.13

Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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2.14 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected

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Material (as defined above), but also any and all copies, excerpts, or compilations of

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Protected Material. However, the protections conferred by this Stipulation and Order

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do not cover the following information: (a) any information that is in the public domain

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at the time of disclosure to a Receiving Party or becomes part of the public domain after

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its disclosure to a Receiving Party as a result of publication not involving a violation of

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this Order, including becoming part of the public record through trial or otherwise; and

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(b) any information known to the Receiving Party prior to the disclosure or obtained by

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the Receiving Party after the disclosure from a source who obtained the information
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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lawfully and under no obligation of confidentiality to the Designating Party. Any use of

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Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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

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later of (1) dismissal of all claims and defenses in this action, with or without prejudice;

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and (2) final judgment herein after the completion and exhaustion of all appeals,

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rehearings, remands, trials, or reviews of this action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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under the appropriate standards.

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

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

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

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5.2

Manner and Timing of Designations.

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Except as otherwise provided in this Order (see, e.g., second paragraph of Section

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5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced. Designation in conformity with this Order requires:

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

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

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains

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protected material. If only a portion or portions of the material on a page qualifies for
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

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by making appropriate markings in the margins).

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(b) for testimony given in a deposition, confidentiality designations shall

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be made either on the record or by written notice to the other party within 14 days of

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receipt of the transcript. Unless otherwise agreed, depositions shall be treated as

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“Confidential” during the 14-day period following receipt of the transcript. The

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deposition of any witness (or any portion of such deposition) that encompasses

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Confidential information shall be taken only in the presence of persons who are

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qualified to have access to such information.
(c) for information produced in some form other than documentary and for

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the

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legend “CONFIDENTIAL” or CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If

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only a portion or portions of the information or item warrant protection, the Producing

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

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5.3

Inadvertent Failures to Designate.

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If timely corrected, an inadvertent failure to designate qualified information or

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items does not, standing alone, waive the Designating Party’s right to secure protection

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

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Receiving Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges.

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Any Party or Non-Party may challenge a designation of confidentiality at any

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time. Unless a prompt challenge to a Designating Party’s confidentiality designation is

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necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,

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or a significant disruption or delay of the litigation, a Party does not waive its right to

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1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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challenge a confidentiality designation by electing not to mount a challenge promptly

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after the original designation is disclosed.

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6.2

Meet and Confer.

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The Challenging Party shall initiate the dispute resolution process by providing

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written notice of each designation it is challenging and describing the basis for each

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challenge. To avoid ambiguity as to whether a challenge has been made, the written

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notice must recite that the challenge to confidentiality is being made in accordance with

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this specific paragraph of the Protective Order. The parties shall attempt to resolve each

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challenge in good faith and must begin the process by conferring directly (in voice to

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voice dialogue; other forms of communication are not sufficient) within 14 days of the

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date of service of notice. In conferring, the Challenging Party must explain the basis for

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its belief that the confidentiality designation was not proper and must give the

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Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the

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chosen designation. A Challenging Party may proceed to the next stage of the challenge

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process only if it has engaged in this meet and confer process first or establishes that the

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Designating Party is unwilling to participate in the meet and confer process in a timely

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manner

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6.3

Judicial Intervention.

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If the Parties cannot resolve a challenge without court intervention, the

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Designating Party shall file and serve a motion to retain confidentiality within 21 days

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of the initial notice of challenge or within 14 days of the parties agreeing that the meet

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and confer process will not resolve their dispute, whichever is earlier. Each such motion

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must be accompanied by a competent declaration affirming that the movant has

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complied with the meet and confer requirements imposed in the preceding paragraph.

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Failure by the Designating Party to make such a motion including the required

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declaration within 21 days (or 14 days, if applicable) shall automatically waive the

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confidentiality designation for each challenged designation. In addition, the Challenging
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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Party may file a motion challenging a confidentiality designation at any time if there is

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good cause for doing so, including a challenge to the designation of a deposition

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transcript or any portions thereof. Any motion brought pursuant to this provision must

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be accompanied by a competent declaration affirming that the movant has complied

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with the meet and confer requirements imposed by the preceding paragraph. The burden

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of persuasion in any such challenge proceeding shall be on the Designating Party.

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Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the Challenging Party

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to sanctions. Unless the Designating Party has waived the confidentiality designation by

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failing to file a motion to retain confidentiality as described above, all parties shall

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

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under the Producing Party’s designation until the court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles.

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A Receiving Party may use Protected Material that is disclosed or produced by

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another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation or related litigation involving some or

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all of the parties hereto. Such Protected Material may be disclosed only to the

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

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

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Section 13 below.

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

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

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authorized under this Order.
Disclosure of “CONFIDENTIAL” Information or Items.

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7.2

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

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:
1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this litigation;

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(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this litigation;

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

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is reasonably necessary for this litigation and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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

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jurors, licensed private investigators retained by Counsel, and Professional Vendors to

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

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

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(f) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

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

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court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective Order.

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

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custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items.

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

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this litigation;

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(b) House Counsel in this action;

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

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is reasonably necessary for this litigation and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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

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jurors, licensed private investigators retained by Counsel, and Professional Vendors to

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

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

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(f) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to Be

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

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court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective Order.

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

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custodian or other person who otherwise possessed or knew the information.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED

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

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compels disclosure of any information designated by an opposing or third party in this

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Action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”

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that Party must:

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(a) unless prohibited by a Court Order, or specifically prohibited by a statute or
regulation cited to the producing party by the requesting party, promptly notify in
1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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writing the Designating Party. Such notification shall include a copy of the subpoena or

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court order, unless prohibited by law;

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(b) promptly notify in writing the party who caused the request, or subpoena, or

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

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subpoena or order is subject to this Protective Order. Such notification shall include a

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copy of this Stipulated Protective Order; and

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(c) when applicable, as set forth in ¶ (a), cooperate with respect to all reasonable

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procedures sought to be pursued by the Designating Party whose Protected Material

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may be affected. However, the parties must follow the procedures set forth in Federal

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Rule of Civil Procedure 45(d)(2) when asserting that subpoenaed or requested

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information is subject to a privilege. The filing of a motion for a protective order does

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not, by itself, stay compliance with a subpoena.

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If the Designating Party timely seeks a protective order from a court of

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competent jurisdiction, the Party served with the subpoena or court order shall not

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produce any information designated in this action as “CONFIDENTIAL” before a

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determination by the court from which the subpoena or order issued, unless the Party

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has obtained the Designating Party's permission or as otherwise required by law or

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

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action to

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disobey a lawful directive from another court.

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9.

PRODUCED

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

9.1

The terms of this Order are applicable to information, documents and/or

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tangible things produced by a Non-Party in this action, and designated as

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such

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information produced by Non-Parties, when so designated by the Non-Party upon

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production or by any other Party pursuant to Section 9.2 below, is protected by the
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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

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

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

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

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information, then the Party shall:

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

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

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

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

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

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Party.
If the Non-Party fails to object or seek a protective order from this Court within

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fourteen (14) days of receiving the notice and accompanying information, the Receiving

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

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall not

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produce any information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the court. Absent a court order

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to the contrary, the Non-Party shall bear the burden and expense of seeking protection

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in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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all unauthorized copies of the Protected Material, (c) inform the person or persons to
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whom unauthorized disclosures were made of all the terms of this Order, and (d)

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request such person or persons to execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.

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11.

OTHERWISE PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR

In accordance with Federal Rule of Civil Procedure 26(b)(5)(B) and Federal Rule

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of Evidence 502, any Party who inadvertently produces Discovery Material that is

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privileged or otherwise immune from discovery shall, promptly upon discovery of such

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inadvertent production, so advise the Producing Party and request that the Discovery

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Materials be returned. The Receiving Party shall return, sequester, or destroy such

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inadvertently produced Discovery Materials, including all copies, within five (5)

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business days of receiving such a written request. The Party returning such

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inadvertently produced Discovery Materials may thereafter seek re-production of any

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such Discovery Materials pursuant to applicable law.

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12.

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12.1 Right to Further Relief.

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Nothing in this Order abridges the right of any person to seek its modification by

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MISCELLANEOUS

the court in the future.

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12.2 Right to Assert Other Objections.

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By stipulating to the entry of this Protective Order no Party waives any right it

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otherwise would have to object to disclosing or producing any information or item on

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any ground not addressed in this Stipulated Protective Order. Similarly, no Party

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waives any right to object on any ground to use in evidence of any of the material

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covered by this Protective Order.

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12.3 Filing Protected Material.

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Without written permission from the Designating Party or a court order secured

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after appropriate notice to all interested persons, a Party may not file in the public

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record in this action any Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Local Rule 141. Protected Material may only be

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filed under seal pursuant to a court order authorizing the sealing of the specific

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Protected Material at issue. Pursuant to Local Rule 141, a sealing order will issue only

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upon a request establishing that the Protected Material at issue is privileged, protectable

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as a trade secret, or otherwise entitled to protection under the law. If a Receiving

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Party's request to file Protected Material under seal pursuant to Local Rule 141 is

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

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record unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in paragraph 4,

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each Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material” includes all

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copies, abstracts, compilations, summaries, and any other format reproducing or

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capturing any of the Protected Material. Whether the Protected Material is returned or

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destroyed, upon request, the Receiving Party must submit a written certification to the

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

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60 day deadline that (1) identifies (by category, where appropriate) all the Protected

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

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

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or capturing any of the Protected Material. Notwithstanding this provision, Counsel are

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entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and

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hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,

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expert reports, attorney work product, and consultant and expert work product, even if

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such materials contain Protected Material. Any such archival copies that contain or

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///

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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IT IS SO ORDERED.

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Dated:

March 10, 2025

___________________

_

UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of

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________________

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[print or type full address], declare under penalty of perjury that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the

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United States District Court for the Eastern District of California on March 10,

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2025, in the case of Valley Children’s Hospital v. Grimmway Enterprises, Inc., et

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al., Case No. 1:24-CV-00643-JLT-CDB.

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

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Protective Order and I understand and acknowledge that failure to so comply could

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expose me to sanctions and punishment in the nature of contempt. I solemnly

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promise that I will not disclose in any manner any information or item that is

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subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Order.

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

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Court for the Eastern District of California for the purpose of enforcing the terms

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of this Stipulated Protective Order, even if such enforcement proceedings occur

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after termination of this action.

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22

Date: _________________________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________

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[printed name]

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Signature: __________________________________

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[signature]

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1:24-CV-00643-JLT-CDB
[PROPOSED] STIPULATED PROTECTIVE ORDER

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