Dameron Hospital Association v. State Farm Mutual Automobile Insurance Company

Filing 14

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 4/24/13: This STIPULATION hereby becomes the PROTECTIVE ORDER of the court. (Kaminski, H)

1 STEPHEN M. HAYES (SBN 83583)
ROBERT S. McLAY (SBN 176661)
2 CHERIE M. SUTHERLAND (SBN 217992)
HAYES SCOTT BONINO
3 ELLINGSON & McLAY, LLP
203 Redwood Shores Parkway, Suite 480
4 Redwood City, California 94065
Telephone: [phone]
5 Facsimile: 650.637.8071
6 Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
7 INSURANCE COMPANY
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9 GREGORY M. HATTON (SBN 119810)
JOHN A. McMAHON (SBN 237261)
10 HATTON, PETRIE & STACKLER APC
20281 Birch Street, Suite 100
11 Newport Beach, California 92660
Telephone: [phone]
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Attorneys for Plaintiff
13 DAMERON HOSPITAL ASSOCIATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(SACRAMENTO DIVISION)

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DAMERON HOSPITAL ASSOCIATION, a
19 California Non-Profit Association,
Plaintiff,

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CASE NO. 2:12-CV-02246-KJM-AC
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING:
(1) PRODUCTION OF DAMERON’S
DOCUMENTS; AND (2) RESTRICTING
DISSEMINATION OF DISCOVERY

vs.

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23 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, an Illinois
24 Corporation; and DOES 1 through 50, inclusive,
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Defendants.

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443271

-1STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH

I.
STIPULATION AND PROTECTIVE ORDER REGARDING
PRODUCTION OF DAMERON’S DOCUMENTS

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Defendant State Farm Mutual Automobile Insurance Company (hereinafter collectively

4 referred to as “State Farm”) and Plaintiff Dameron Hospital Association (“Dameron”) hereby
5 stipulate to the following protective order with respect to and to accommodate Dameron’s
6 production of certain documents in response to State Farm’s requests for production of documents.
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II.
PRODUCTION OF DOCUMENTS AND CUSTODY OF THE SAME

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Dameron will produce responsive documents to State Farm’s document requests (the

10 “Documents”) that have been requested and withheld based upon the proprietary, trade secret,
11 confidential, and privacy rights (HIPPA) objections, without waiving those objections. Production
12 of those Documents hereinafter specified shall take place by mail from and/or at:
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Hatton, Petrie & Stackler APC
20281 Birch Street, Suite 100
Newport Beach, California 92660

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and shall proceed in the following manner:
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a)

This Order shall be served on all parties;

b)

All parties and counsel for all parties herein shall be subject to the Court Order for

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the purpose of limiting the dissemination of the Documents produced hereunder;
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c)

Those persons viewing the requested Documents or copies of the same shall agree to

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the terms and conditions set forth in the Inspection and Viewing Record Agreement attached
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hereto; and
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d)

Copies of all Documents produced by Dameron shall be designated

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“CONFIDENTIAL DOCUMENTS SUBJECT TO STIPULATION AND COURT ORDER” or a
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form of similar effect.
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e)

In the event the parties agree to produce any documents pursuant to this stipulation

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in advance of the court’s execution of the order, the parties hereby agree to fully abide by their
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respective rights and obligations herein as a stipulation and contract and as though this stipulation
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443271

-2STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH

1 was approved and ordered by the court.
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III.
PERSONS AUTHORIZED TO TAKE CUSTODY
Only attorneys for parties of record, and law clerks, secretaries, translators, and qualified
stenographers for said attorneys, and any experts actually hired for consultation and/or testimony in
connection with this case, shall be allowed to view and retain custody of copies of the “Documents”
or notes taken therefrom.

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IV.
PROCEDURE FOR GRANTING CUSTODY

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Prior to granting custody of copies of the subject Documents or notes taken therefrom, each

10 person who is to take such custody shall be brought within the personal jurisdiction of the Court,
11 including its contempt power, by signing a copy of this order signifying agreement to its provisions
12 and consent to jurisdiction of the Court over his or her person for any proceedings involving
13 alleged improper disclosures. Each such signature shall be made under penalty of perjury.
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The failure to have each person sign a copy of this order prior to granting custody of copies

15 of the subject documents or notes taken therefrom, will result in the prohibition of the parties using
16 these documents for any purpose including this case.
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V.
INSPECTION AND VIEWING RECORD AGREEMENT
No person shall be allowed or authorized to examine any portion of said Documents or
notes arising therefrom, or to discuss the contents of either, until such persons has:
(1)

Read this Court Order; and

(2)

Completed and signed the “Inspection and Viewing Record Agreement” attached

hereto as Exhibit “A”.

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VI.
JURISDICTION
Each person signing the “Inspection and Viewing Record Agreement” thereby agrees to be

26 subject to the jurisdiction of this Court for contempt and other appropriate proceedings in the event
27 of an alleged violation of this Protective Order.
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443271

-3STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH

VII.
NON-DISCLOSURE

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No person authorized hereunder to view copies of the Documents or to make notes
therefrom, may disclose any portion of the subject matter or contents of either any person not
authorized hereunder.
VIII.
NON-DISSEMINATION
The Documents, copies of any portion of the same, contents of the Documents itself and all

8 notes arising from examination of said Documents, as well as discussions of the contents thereof,
9 shall be used only in connection with the present case of Dameron Hospital Association v. State
10 Farm, et al., United States District Court – Eastern District, Case Number 2:12-CV-02246-KJM11 AC, and shall be used for no other purposes whatsoever including, but not limited to, other
12 lawsuits, actions, claims or demands.
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IX.
ALL DOCUMENTS REVEALED TO THE COURT SHALL BE SEALED

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All motions or other Documents filed with the Court, if any, which reveal any portion of the

16 contents of the Documents, or notes arising therefrom, shall be filed in a sealed envelope directly
17 with the United States District Court – Eastern District and shall be considered sealed Documents
18 until further order of the Court. At any hearing or proceeding in which any Document covered by
19 this order is referred to, revealed or discussed, either party can request that the hearing or
20 proceeding be conducted in chambers. Any records made of such proceedings shall also be sealed
21 until further order of the Court, if any. To the extent that private information contained in
22 documents can be protected by redaction of sensitive information, the parties may submit
23 documents to the Court with appropriate redaction of sensitive, private information.
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X.
NON-WAIVER
The production of the subject Documents for inspection, viewing and custody shall not
constitute a waiver of Dameron’s right to claim in this lawsuit or otherwise, that said Documents or
any Documents described therein are privileged or otherwise non-discoverable or admissible.

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443271

-4STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH

XI.
SURRENDER OF DOCUMENTS

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At the conclusion of the subject litigation, all documents provided, and any copies thereof,
under this protective order shall be returned to Dameron’s counsel, with a declaration, signed by
Dameron’s counsel under penalty of perjury, that all documents provided, and any copies thereof,
under the protective order have been returned to State Farm’s counsel. The Documents are to be
returned as soon as possible and no later than seven (7) days from the date of the dismissal of the
action with the declaration.
XII.
DESIGNATION OF PRIVILEGED DOCUMENTS

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All copies of all Documents subject to this Order shall be returned to counsel for Dameron
within 15 days of the conclusion of the action entitled Dameron Hospital Association v. State
Farm, et al., United States District Court – Eastern District, Case Number 2:12-CV-02246-KJMAC.
IT IS SO STIPULATED.
Dated: April 22, 2013

HATTON, PETRIE & STACKLER APC

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By /s/ John A. McMahon, Esq.
GREGORY M. HATTON
JOHN A. McMAHON
Attorneys for Plaintiff
DAMERON HOSPITAL ASSOCIATION

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20 Dated: April 22, 2013
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HAYES SCOTT BONINO ELLINGSON &
McLAY, LLP

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By /s/ Cherie M. Sutherland, Esq.
STEPHEN M. HAYES
ROBERT S. McLAY
CHERIE M. SUTHERLAND
Attorneys for Defendants
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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443271

-5STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH

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ORDER

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The above STIPULATION hereby becomes the PROTECTIVE ORDER of the court.

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Dated: April 24,2013.

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By
HONORABLE ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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443271

-6STIPULATION & PROTECTIVE ORDER REGARDING PRODUCTION OF DAMERON’S DOCUMENTS
AND RESTRICTING DISSEMINATION OF DISCOVERY – CASE NO. 2:12-CV-02246-KJM-GGH