Salinas v. Smith & Nephew, Inc.

Filing 16

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/1/14. (Mena-Sanchez, L)

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John W. Shaw, Esq. SBN: 82802
[e-mail]
Litsa Georgantopoulos, Esq. SBN: 238288
[e-mail]
MORRIS POLICH & PURDY LLP
1055 West Seventh Street, 24th Floor
Los Angeles, California 90017
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant,
SMITH & NEPHEW, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROLAND SALINAS,

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Plaintiffs,

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Case No.: 2:12-CV-03102-KJM-CKD
[Action Filed: November 27, 2012]
STIPULATED PROTECTIVE
ORDER REGARDING
CONFIDENTIAL INFORMATION
AND/OR MATERIALS

vs.

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SMITH & NEPHEW, INC., Does 1 to
100, inclusive,

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Defendants.
WHEREAS, the parties, Plaintiff, ROLAND SALINAS (hereinafter

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“Plaintiff”), and Defendant, SMITH & NEPHEW, INC. (hereinafter “Defendant”),

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recognize that, pursuant to discovery or otherwise during the course of this action,

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the parties may be required to disclose confidential and sensitive financial data,

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technical information, trade secrets, proprietary non-public commercial

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information, information involving privacy interests, and other commercially

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and/or competitively sensitive information of a non-public nature, the unrestricted

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disclosure of which would tend to cause injury to the Disclosing Party;

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

WHEREAS, the parties, through Counsel and for good cause shown,

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stipulate to entry of this Protective Order Regarding Confidential Information

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and/or Materials to prevent unnecessary disclosure or dissemination of such

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confidential information;
IT IS HEREBY ORDERED AND ADJUDGED that the following

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provisions of this Order shall govern and control the disclosure, dissemination and

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use of information in this action.

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1.

SCOPE
1.1.

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This Order shall govern the production, use and disclosure of

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“CONFIDENTIAL” information and/or material, in any form

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whatsoever, produced, used or disclosed in connection with this action

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and designated in accordance with this Order. Any party may

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designate information and/or material produced, used, or disclosed in

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connection with this action as “CONFIDENTIAL” and subject to the

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protections and requirements of this Order, if so designated in writing

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to each party, by stamping the legend “CONFIDENTIAL” on the

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documents, information and/or material prior to production, or orally

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if recorded as part of a deposition or court record pursuant to the

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terms of this Order.

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2.

DEFINITIONS
2.1.

“CONFIDENTIAL” information and/or materials means, but is not

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limited to: testimony at a deposition, hearing, or trial in this Action;

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information, documents and data which constitute confidential and

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sensitive financial data, technical information, trade secrets,

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proprietary or non-public commercial information; information

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involving the manufacturing and design of Smith & Nephew, Inc.’s

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(“Smith & Nephew”) products; other commercially and/or

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competitively sensitive information of a non-public nature, or
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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information that is received on a confidential basis; and information

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involving privacy interests protected by the Health Insurance

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Portability and Accountability Act of 1996 (“HIPAA”) and/or Patient

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Safety and Quality Improvement Act of 2005 (“PSQIA”) and

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applicable Federal Regulations associated with either Act.

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2.1.1. The form of “CONFIDENTIAL” information and/or material

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includes but it is not limited to: documents and other tangible

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items produced during discovery in this Action; deposition,

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hearing or trial testimony; deposition, hearing or trial

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transcripts; exhibits to depositions; computer memory or

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archives; other written and/or recorded or graphic matter; and

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all copies, excerpts, or summaries thereof, produced by a

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Disclosing Party or a third-party during the proceedings of this

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Action in which this Order has been adopted and/or stipulated

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to in writing by Counsel of Record for the Disclosing Party.

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2.2.

The “Disclosing Party” means the party from whom

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“CONFIDENTIAL” information and/or materials is being sought and

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includes the Defendant and any person(s) or entities acting on their

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behalf, and/or Plaintiff and any person(s) or entities acting on

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Plaintiff’s behalf.

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2.3.

The “Receiving Party” means the party seeking or otherwise

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requesting “CONFIDENTIAL” information and/or material and

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includes the Defendant, and any person(s) or entity acting on their

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behalf; Plaintiff and any person(s) or entities acting on Plaintiff’s

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behalf; and/or any person or entity described in Paragraphs 6.3(a) –

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(h) of this Order.

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2.4 This “Action” means the lawsuit pending in the United States District
Court for the Eastern District of California, styled ROLAND
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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SALINAS v. SMITH & NEPHEW, INC., et al., Case No. 2:12-CV-

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03102-KJM-CKD.

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3.

REDACTION OF “CONFIDENTIAL” INFORMATION AND/OR

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MATERIAL

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3.1.

Notwithstanding the provisions of Paragraph 2.1 above, Defendant

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may redact from any “CONFIDENTIAL” document or materials any

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trade secrets or other highly confidential research, development or

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commercial information, information involving the manufacturing

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and design of Smith & Nephew’s products, other competitively

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sensitive information of a non-public nature or received on a

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confidential basis, including but not limited to:

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(a) Specific dollar amounts;

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(b) Names and any information that would identify

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individuals (other than Plaintiff) referred to in adverse

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reaction reports, product experience reports, consumer

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complaints, and other similar data and any third-party

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involved with such subjects or patients, including but not

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limited to a physician or hospital or other institution.

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3.2.

Such redaction shall be accompanied by a written explanation

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describing what us being redacted sufficient to enable the other

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parties to assess the basis of the redaction without revealing

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information itself privileged or protected.

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3.3.

If a party has a good faith basis for the challenging the redaction,

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counsel shall initially attempt to resolve the issue through

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discussions. If these discussions prove unsuccessful, counsel may

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move for a ruling, which may require this Court’s in camera

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inspection of a document on the issue of whether certain information

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is entitled to redaction.
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

3.4.

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Notwithstanding the provisions of Paragraphs 2.1 and 3.1, the

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Disclosing Party may redact information from any documents,

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information and/or material that is designated as “CONFIDENTIAL”

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pursuant to this Order. Any document(s) information and/or material

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so redacted shall have “REDACTED” stamped on each page from

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which the material or information has been redacted. As to any

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redactions performed, the Disclosing Party shall provide a description

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of what information and/or material has been redacted to enable

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another party to determine whether the redaction is proper.
3.5.

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Should any party have a good faith basis for challenging the

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redaction the procedure for resolving any disputes over the redacted

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information and/or material shall be as set forth in Paragraph 3.3.

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4.

DESIGNATING INFORMATION AND/OR MATERIAL AS

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CONFIDENTIAL

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4.1.

The Disclosing Party may designate any information and/or material

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as “CONFIDENTIAL.” In designating information and/or material

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as “CONFIDENTIAL,” Counsel for the Disclosing Party will make

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such designation only as to that information and/or material that he or

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she, in good faith, believes to be “CONFIDENTIAL,” in accordance

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with the definition set forth in Paragraph 2.1 of this Order.

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4.2.

“CONFIDENTIAL” Documents. Information and/or material may

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be designated “CONFIDENTIAL” by stamping or marking the word

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“CONFIDENTIAL” on the face of each page of each document, or by

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using other procedures as may be agreed upon by the parties. Such

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stamping or marking shall take place prior to production by the

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Disclosing Party or subsequent to selection by the Receiving Party for

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copying but prior to such copying. The stamp or mark shall be affixed

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in such a manner that the written matter is not obliterated or obscured.
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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Such stamping or marking must be done expeditiously so as to

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reasonably avoid delays in the production of documents or disclosure

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of information.

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4.3.

“CONFIDENTIAL” Deposition Testimony. In the event that any

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question is asked at a deposition which a party asserts calls for

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“CONFIDENTIAL” information and/or material, such question shall

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be answered by the witness fully and completely, to the extent

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required by law. Any party may, either on the record at the deposition

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or by written notice served on counsel for all parties no later than

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twenty (20) days after the receipt of the deposition transcript,

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designate specific portions of the deposition or the deposition

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transcript “CONFIDENTIAL” as appropriate if such party reasonably

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and in good faith judgment believes the criteria for such designations

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set forth in Paragraph 2.1, above, are satisfied. A separately bound

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transcript of those portions of the testimony that contain

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“CONFIDENTIAL” information and/or material shall be made if

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requested by the Disclosing Party.

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4.3.1. Certain depositions may be designated “CONFIDENTIAL,” in

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their entirety, prior to being taken because of the anticipated

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deposition testimony.
4.3.2. During such time as any information and/or material

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designated as “CONFIDENTIAL” is disclosed in a deposition,

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any party shall have the right to exclude from attendance at the

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deposition any person who is not entitled to receive such

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information and/or material pursuant to this Order.

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4.4.

“CONFIDENTIAL” Written Discovery. All written discovery

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requests and responses thereto which contain information considered,

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in good faith, to be “CONFIDENTIAL” in accordance with
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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Paragraph 2.1 above, shall be designated as “CONFIDENTIAL” by

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stamping them in accordance with this Order.

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5.

INADVERTENT OR UNINTENDED DISCLOSURE OF

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“CONFIDENTIAL” INFORMATION AND/OR MATERIALS

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5.1.

Non-Waiver. The inadvertent or unintended disclosure by the

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Disclosing Party of “CONFIDENTIAL” information and/or material

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considered by the Disclosing Party to be “CONFIDENTIAL” shall

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not be deemed a waiver, in whole or in part, of a party’s claim that the

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information and/or material is “CONFIDENTIAL,” either as to the

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specific document, material or information disclosed or as to any

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other document, material or information relating thereto. Any such

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inadvertently or unintentionally disclosed “CONFIDENTIAL”

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information and/or material shall be designated as

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“CONFIDENTIAL” as soon as reasonably practicable after the

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Disclosing Party becomes aware of the erroneous disclosure and shall

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thereafter be treated as “CONFIDENTIAL” by all thereafter

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Receiving Parties.

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6.

DISCLOSURE OF “CONFIDENTIAL” INFORMATION AND/OR

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MATERIALS

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6.1.

No person receiving “CONFIDENTIAL” information and/or material

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designated as “CONFIDENTIAL” pursuant to this Order shall

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disclose it or its contents to any person other than those described in

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Paragraph 6.3. No such disclosure shall be made for any purposes

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other than those described in Section 7 below, and in no event shall

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such person make any other use of such “CONFIDENTIAL”

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information and/or material.

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6.2.

Counsel shall be responsible for obtaining prior written agreement to
be bound by the terms of this Order from all persons to whom any
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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“CONFIDENTIAL” information and/or material so designated is

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disclosed as permitted by Paragraphs 6.3(a) – (h). Such written

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agreement shall be obtained by securing the signature of any

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recipient of such “CONFIDENTIAL” information and/or material to

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a copy of Exhibit 1 to this Order. Counsel shall be responsible for

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maintaining a list of all persons to whom any “CONFIDENTIAL”

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information and/or material is disclosed and, only for good cause

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shown, such list shall be available for inspection by counsel for other

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parties upon order of this Court.

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6.3.

Authorized Disclosure of “CONFIDENTIAL” Information

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and/or Material. “CONFIDENTIAL” information and/or material

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designated as such shall be disclosed only to the following persons:

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(a) The parties and Counsel of Record in this Action, and

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such partners, associate attorneys, and such other

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attorneys that by virtue of their relationship with Counsel

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of Record (e.g. partners and/or associate attorneys in the

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same law practice with Counsel of Record and/or

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attorneys in an “of Counsel” position with Counsel of

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Record) have an attorney-client relationship with one of

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the parties to this Action, paralegal assistants, and

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stenographic or clerical employees of such Counsel as

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have been assigned to assist Counsel in the prosecution,

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defense or settlement of this Action;

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(b) Any person, including employees of a party, used or

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retained by Counsel or a party as an expert or consultant

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as defined by the Federal Rules of Civil Procedure and the

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Federal Rules of Evidence, to the extent deemed

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necessary by Counsel to aid in the prosecution, defense or
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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settlement of this Action, provided that each such expert

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and/or consultant has read this protective Order in

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advance of disclosure and undertakes in writing to be

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bound by the terms of this Order by signing a copy of

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Exhibit 1 attached hereto. A signed copy of Exhibit 1

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shall be furnished to the Disclosing Party at the

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conclusion of this Action, or pursuant to an order of this

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Court upon good cause shown.

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(c) The Court having jurisdiction over discovery procedures
in this Action;

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(d) Any court reporter, stenographer, typist, or videographer

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transcribing or recording testimony in this Action or in a

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related action in which this Order is specifically adopted

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and/or stipulated to in writing by Counsel of Record and

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any outside independent reproduction firm or entity;

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(e) Any person who is the author, recipient or copy recipient

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of “CONFIDENTIAL” information and/or material for the

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purpose of interrogation of such person at trial, by

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deposition during the course of preparation for trial or

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deposition;

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(f) In-house counsel for a party;

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(g) Any treating physician noticed for deposition in this case

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and/or called as a witness in this case, provided such

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person has read this Order in advance of disclosure and

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undertakes in writing to be bound by the terms of this

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Order by signing a copy of Exhibit 1 attached hereto. A

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signed copy of Exhibit 1 shall be produced to the

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Disclosing Party at or within a reasonable time before the
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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deposition of the person(s) described in this paragraph if

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the information is to be disclosed to such person at the

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deposition or no later than the date trial commences in this

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Action if the information is to be disclosed to such a

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person at said trial.

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6.4.

In the event that an expert and/or consultant, as described in

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Paragraph 6.3(b), is a current employee of or has a continuous,

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regular, ongoing or current consulting arrangement of any kind with

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any entity involved in the design, manufacture, or distribution of

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orthopedic implants, the party seeking to distribute or show such

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“CONFIDENTIAL” information and/or material to such expert

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and/or consultant shall not disclose such information to such expert

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and/or consultant unless:

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(a)

The party wishing to disclose the “CONFIDENTIAL”

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information and/or material promptly identifies such

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expert or consultant to counsel of the Disclosing Party in

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writing prior to disclosure of such information to such

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expert and/or consultant;

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(b)

writing within ten (10) days of such written notice;

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The Disclosing Party does not object to such disclosure in

(c)

The Disclosing Party does not attempt to meet and confer

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to resolve the issue within ten (10) days from the mailing

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of the written objection; and

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(d)

The Disclosing Party does not move for a protective

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order prohibiting the disclosure to the expert and/or

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consultant within fifteen (15) days after the required

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attempt to meet and confer.

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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6.5.

In the event that such person as described in Paragraph 6.3(h) is a

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current employee or has a continuous, regular, ongoing, or current

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consulting arrangement of any kind with any entity involved in the

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design, manufacture, or distribution of orthopedic implants, the party

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seeking to distribute or show such “CONFIDENTIAL” information

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and/or material to such person shall not disclose such information to

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such person unless:
(a)

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The party wishing to disclose the “CONFIDENTIAL”
information and/or material promptly identifies such

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person to counsel of the Disclosing Party in writing prior

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to disclosure of such information to such person;
(b)

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The Disclosing Party does not object to such disclosure in
writing within ten (10) days of such written notice;

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(c)

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The Disclosing Party does not attempt to meet and confer

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to resolve the issue within ten (10) days from the mailing

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of the written objection; and
(d)

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The Disclosing Party does not move for a protective

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order prohibiting the disclosure to the person within

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fifteen (15) days after the required attempt to meet and

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confer.

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6.6.

In the event that any person described in Paragraphs 6.3(a) – (h)

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ceases to be engaged in the preparation of this Action, access by such

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person(s) to “CONFIDENTIAL” information and/or material shall be

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terminated. Any such “CONFIDENTIAL” information and/or

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material in the possession of any such person(s) shall be returned to

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the party that distributed the “CONFIDENTIAL” information and/or

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material. The provisions of this Order shall remain in full force and

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effect as to all such person(s) and to all “CONFIDENTIAL”
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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information and/or material and the obligation not to disclose any

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portions of such “CONFIDENTIAL” information and/or material,

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except as may be specifically ordered by the Court. The recipient of

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“CONFIDENTIAL” information and/or material provided pursuant

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to this Order shall maintain such information and/or material in a

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secure and safe area and shall exercise due and proper care with

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respect to the storage, custody and use of all such documents or

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information.

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6.7.

In rendering services or otherwise communicating with his or her

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client, Counsel shall not disclose the specific content of any

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"CONFIDENTIAL" information and/or material, where such

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disclosure would not otherwise be permitted under the terms of this

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Order. Nothing herein shall bar or otherwise restrict any Counsel

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from rendering advice to his or her client with respect to any action in

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which this order has been adopted and/or stipulated to, and in the

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course thereof, from relying upon "CONFIDENTIAL" information

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and/or material.

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6.8.

In the event that additional persons become parties to this action or a

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related action in which this order has been specifically adopted

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and/or stipulated to in writing by Counsel of Record, such additional

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persons shall not have access to "CONFIDENTIAL" information

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and/or material until they have agreed in writing to be bound to this

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Order and its provisions and this Order has been amended, with the

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Court's approval, to govern such additional persons.

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6.9.

Filing Under Seal. Unless otherwise ordered by the Court, any

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documents, including but not limited to pleadings, memoranda,

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deposition notices, deposition transcripts, interrogatories, requests for

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document production, subpoenas, and responses thereto containing,
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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paraphrasing or summarize any "CONFIDENTIAL" information

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and/or material, may be filed under seal only upon entry of a further

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order of the Court granting a Motion to Seal particular document(s),

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or portions thereof in accordance with Federal Rules of Civil

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Procedure, Local Rule 141, ECF Administrative Policies and

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Procedures, Section II; and Chambers’ Rules, with respect to filing

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documents under seal.

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6.9.1. To seek authorization to file "CONFIDENTIAL" information

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and/or material under seal, the parties must follow the Federal

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Rule of Civil Procedure, Local Rule 141, ECF Administrative

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Policies and Procedures, Section II; and Chambers’ Rules, with

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respect to filing documents under seal. The party asserting

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confidentiality bears the burden of obtaining a Court order to

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file documents under seal.

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6.9.2. A party that intends to file a document containing information

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designated by another party as "CONFIDENTIAL" shall

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provide written notice of such intent to file a document

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containing "CONFIDENTIAL" information to the party

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asserting confidentiality. The notice shall specify the

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"CONFIDENTIAL" information and/or material designated as

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"CONFIDENTIAL" which the party intends to file or include

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in the contemplated filing.

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6.9.3. Within ten (10) days after receipt of such notice, the party

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asserting confidentiality shall file a Motion to Seal pursuant to

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Federal Rules of Civil Procedure, Local Rule 141, ECF

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Administrative Policies and Procedures, Section II; and

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Chambers’ Rules, with respect to filing documents under seal.

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If the party asserting confidentiality files a Motion to Seal, the
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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party proposing to file the "CONFIDENTIAL" information

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and/or material may proceed with the contemplated filing only

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after, and in a manner consistent with, the Court's ruling on the

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Motion to Seal.

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7.

USE OF “CONFIDENTIAL” INFORMATION AND/OR MATERIAL
7.1.

Except as agreed by the Disclosing Party or as otherwise provided in

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this Order, “CONFIDENTIAL” information and/or material shall only

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be used for preparation for trial, trial, preparation for settlement

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conference(s), settlement conference(s) and/or any appeal of this

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Action.

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7.1.1. “CONFIDENTIAL” information and/or material shall be

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maintained in confidence by the Receiving Party or any other

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recipients to whom it is disclosed in accordance with Section 6

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of this Order.
7.1.2. “CONFIDENTIAL” information and/or material shall not be

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disclosed except to persons entitled to have access thereto

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pursuant to Section 6 of this Order.
7.1.3. “CONFIDENTIAL” information and/or material may not be

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used by any person receiving such information and/or material

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for any business or competitive purpose and shall be used

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solely for purposes of this Action as described in Paragraph 7.1.

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7.2.

Requests for Exemption. Any party may at any time request from

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the Disclosing Party, in writing, the release of information and/or

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material designated as “CONFIDENTIAL,” or filed under seal, from

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the requirements of the terms and provisions of this Order. Upon

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receipt of such request, the Disclosing Party and the party requesting

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the exemption shall attempt to meet and confer to resolve the issue.

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If the parties are unable to agree as to whether the
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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“CONFIDENTIAL” information and/or material at issue is properly

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designated “CONFIDENTIAL,” any party may raise the issue of

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such designation with the court. Pending a ruling from the Court, the

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Disclosing Party’s designation shall control.

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7.3.

Responding to Subpoenas. Nothing in this order shall preclude any

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party from responding to a validly issued subpoena provided,

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however, that the party responding to the subpoena shall provide

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written notice of such subpoena to the Disclosing Party at least three

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(3) business days in advance of production or disclosure of the

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“CONFIDENTIAL” information and/or material to the third-party

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pursuant to such subpoena. Such written notice shall be made by

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electronic mail to the electronic mailing address for Counsel of

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Record registered with the Court or by any other method agreed to in

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writing by the parties.

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7.4.

Use by Counsel for the Disclosing Party. Nothing in this Order

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shall prevent or restrict Counsel for the Disclosing Party in any way

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from inspecting, reviewing, using, or disclosing the

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“CONFIDENTIAL” information and/or material produced or

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provided by that party, including discovery material designated as

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“CONFIDENTIAL,” with consent of the Disclosing Party. No

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disclosure pursuant to this paragraph shall waive any rights or

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privileges of any party granted by this Order.

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7.5.

Use of “CONFIDENTIAL” Information and/or Material at Trial

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or Hearing. Notwithstanding any provisions of this Order, the

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parties shall confer and attempt to agree before any Court trial or

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hearing on the procedures to be included in a protective order to

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which “CONFIDENTIAL” information and/or material may be used

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or introduced into evidence at such trial or hearing.
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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7.5.1. Upon reaching agreement, the parties shall give notice of the

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terms of such agreement to each Disclosing Party producing

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such “CONFIDENTIAL” information and/or material which

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may be used or introduced at such trial or hearing. Because it

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will affect the public availability of material used at trial or

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hearing, any such agreement under this Paragraph will be

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effective only upon Court approval.
7.5.2. Absent agreement among the parties, any party, upon

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reasonable notice to the Disclosing Party producing such

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“CONFIDENTIAL” information and/or material which may be

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used or introduced at such trial or hearing, may move the Court

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to issue an Order governing the use of such information and/or

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material at a trial or hearing.
7.6.

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Nothing in this Order or any failure by a party to challenge the

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designation by any other party of any information and/or material as

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“CONFIDENTIAL” shall be construed as an admission or agreement

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that any specific information and/or material is or is not confidential

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or proprietary, or is or is not otherwise subject to discovery or

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admissible in evidence.

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8.

EFFECT OF THIS ORDER UPON TERMINATION OR

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RESOLUTION OF THIS ACTION

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8.1.

The provisions and obligations of this Order shall survive the

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termination of this action and continue to bind the parties and their

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counsel. The Court will have continuing jurisdiction to enforce this

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or irrespective of the manner in which this action is terminated.

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8.2.

Disposition of “CONFIDENTIAL” Information and/or Materials.

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Upon final determination of the action in which the particular

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materials were produced, the Disclosing Parties may request the return
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

1

to them of all materials designated “CONFIDENTIAL” and

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previously furnished or produced in such action, including any copies

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thereof.

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8.2.1. Within 45 (45) days from the receipt of such request, each

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person or party to whom such materials have been furnished or

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produced shall be obligated to return same, including any

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copies, except that the recipient need not return transcripts of

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depositions that refer to confidential information and

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confidential materials filed with court.

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS

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8.3.

The provisions of this Order, insofar as they restrict the disclosure

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and use of discovery material designated "CONFIDENTIAL", or

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information derived therefrom, shall continue to be binding

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notwithstanding the conclusion of any action in which this order was

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adopted and/or stipulated to, unless written permission to the contrary

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is obtained from the Disclosing Party or the Court orders otherwise.

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The Parties agree to abide by and be bound by the terms of this Order upon
signature hereof as if the Order had been entered on the date.

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Dated: April 25, 2014

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Respectfully submitted,
MORRIS POLICH & PURDY LLP
By:__s/ John W. Shaw____________
John W. Shaw
Attorneys for Defendant
SMITH & NEPHEW, INC.

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Dated: April __, 2014

Respectfully submitted,
HEYGOOD, ORR & PEARSON

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By:______________________________
Charles Miller, Esq.
John Pate, Esq.
Attorneys for Plaintiff,
ROLAND SALINAS

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IT IS SO ORDERED.
Dated: May 1, 2014
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND/OR
MATERIALS