Foothill Church, et al. v. Rouillard

Filing 108

PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/2022 ORDERING Stipulated Protective Order is APPROVED.(Reader, L)

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ROB BONTA, State Bar No. 202668
Attorney General of California
KARLI EISENBERG, State Bar No. 281923
Supervising Deputy Attorney General
HAYLEY PENAN, State Bar No. 313693
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Mary Watanabe, in her
official capacity as Director of the California
Department of Managed Health Care

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FOOTHILL CHURCH, CALVARY
CHAPEL OF CHINO HILLS and
SHEPHERD OF THE HILLS CHURCH,

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Plaintiffs,

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v.

2:15-CV-02165-KJM-EFB
STIPULATED PROTECTIVE ORDER
Action Filed: October 23, 2017

MARY WATANABE, in her official
capacity as Director of the California
Department of Managed Health Care,
Defendant.

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Based upon the Joint Motion Regarding Confidential Information entered into between

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Plaintiffs Foothill Church, Calvary Chapel of Chino Hills, and Shepherd of the Hills Church and

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Defendant Mary Watanabe, in her official capacity as Director of the California Department of

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Managed Health Care (“DMHC”) and good cause appearing therefor, this Court hereby orders as

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follows:

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The Parties’ Stipulation, copied below, is incorporated herein as an order of this Court.
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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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The Parties’ Stipulation:

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This Stipulation Regarding Confidential Information (“Stipulation”) is entered into

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between Plaintiffs Foothill Church, Calvary Chapel of Chino Hills, and Shepherd of the Hills

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Church and Defendant Mary Watanabe, in her official capacity as Director of the California

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Department of Managed Health Care (DMHC) by and through their respective counsel of record.

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Defendant and Plaintiffs hereby stipulate and agree as follows:

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1.

Pursuant to Rule 26 of the Federal Rules of Civil Procedure, and it appearing that

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discovery in this action will involve the CONFIDENTIAL (defined below) information disclosed

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in the record in Skyline Wesleyan Church v. California Department of Managed Healthcare, et

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al., Case No. 16-CV-501 TWR (MSB) (S.D. Cal.) (pursuant to the Stipulation and Order Setting

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Summary Judgment Briefing Schedule), it is hereby stipulated by and between Plaintiffs and

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Defendant, collectively referred to as the “Parties” and individually as “Party,” through their

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respective counsel, that CONFIDENTIAL information shall be handled in the manner indicated

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herein under the terms and conditions set forth below:

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2.

“Designating Party” means any one of the Parties that produced Documents or

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information under this Stipulation and any Protective Order thereon, and/or under the Stipulation

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entered in the related matter of Skyline Wesleyan Church v. California Department of Managed

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Healthcare, et al., Case No. 16-CV-501 TWR (MSB) (S.D. Cal.).

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3.

“Document” or “Documents” shall have the broadest meaning permitted under Rules

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26 and 34 of the Federal Rules of Civil Procedure, Rule 1001 of the Federal Rules of Evidence,

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and relevant case law.

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4.

“CONFIDENTIAL” information includes the following categories of information,

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from this matter or Skyline Wesleyan Church v. California Department of Managed Healthcare,

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et al., Case No. 16-CV-501 TWR (MSB) (S.D. Cal.), and shall include Documents produced

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during discovery, answers to interrogatories, responses to requests for admissions, depositions,

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hearing or trial transcripts, and tangible things, the information contained therein, and all copies,

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abstracts, excerpts, analyses, or other writings that contain, reflect, or disclose such information.

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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A.

“CONFIDENTIAL” designates information that a Designating Party reasonably

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believes in good faith contains or discloses non-public information that is entitled to

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confidential treatment under applicable law, including, but not limited to, protected health

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information, personally identifiable information, proprietary, financial, or commercial

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information, and information about individuals which is not already known or readily

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available to the general public.

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5.

This Stipulation and any Protective Order thereon, shall apply to all

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CONFIDENTIAL information exchanged by any Party, including, without limitation,

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Documents, things, other discovery materials, transcripts, depositions, testimony, or other papers

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produced, filed, generated, reviewed, or served by a Party in this litigation.

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6.

All CONFIDENTIAL information designated as confidential hereunder shall have

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stamped or affixed on each page “CONFIDENTIAL” at the time such materials, or copies

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thereof, are delivered by the Designating Party to the receiving Party, or within ten (10) court

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days thereafter in the event such labeling or marking is inadvertently omitted. Until ten (10) court

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days have elapsed after receipt of any DOCUMENTS or information, the receiving Party will

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treat Documents and information that have been received and that have not been designated

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“CONFIDENTIAL” as if they had been designated with the “CONFIDENTIAL.” The Parties

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will use due care to designate CONFIDENTIAL only DOCUMENTS, information, or other

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materials that truly encompass such information.

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7.

CONFIDENTIAL Information that has been classified as “CONFIDENTIAL” may

be disclosed only to the following:

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A.

Outside counsel for the receiving Party and their clerical and paralegal staffs

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and litigation support providers (for example, outside copy services, coding and imaging

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vendors, graphic art and visual aid providers, or jury consultants) whose duties and

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responsibilities require access to CONFIDENTIAL information;

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B.

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Plaintiffs and Defendant, and the representatives and employees of each;

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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C.

Experts and consultants who are requested by counsel of the receiving Party to

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furnish technical, legal, expert, or other specialized services in connection with this

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litigation;

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The Court and court personnel;

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E.

Trial and deposition witnesses;

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F.

An officer before whom a deposition is taken, including stenographic reporters

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and any necessary secretarial, clerical, or other lay personnel of such officer; and

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G.

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Court.

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8.

Any other person to whom the parties agree in writing or as allowed by the

No CONFIDENTIAL information shall be provided to any person identified in

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subpart B or C of Paragraph 7 hereof until each such person has been provided with a copy of this

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Stipulation and has signed the Certification attached hereto as Exhibit A.

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9.

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Designations of Discovery
A.

Depositions that have been designated as CONFIDENTIAL information are

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CONFIDENTIAL in accordance with this Stipulation, if they were designated as

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CONFIDENTIAL under the following circumstances: (a) in the course of the deposition,

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orally on the record; or (b) by notification of the other Party in writing, within ten (10) court

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days of receipt of the transcript by the parties, of the pages and lines of the transcript that

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contain the CONFIDENTIAL information.

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B.

Answers to interrogatories and requests for admission that have been

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designated as “CONFIDENTIAL” by marking the Documents in a manner described in

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Paragraph 6 of this Stipulation are CONFIDENTIAL for purposes of this Stipulation.

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C.

Notwithstanding Paragraphs 7 and 8 above, other persons may be shown a

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specific item of CONFIDENTIAL information of the producing Party if such persons are

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identified in that specific item, or on any attachment thereto, as being the author, or as

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having previously received a copy of an exact duplicate of said specific item.

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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D.

Notwithstanding Paragraph 7, other persons may be shown a specific item of

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CONFIDENTIAL information if such persons are past or present employees of the

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producing Party.

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10.

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Compliance with Eastern District Civil Local Rules (L.R.) 138, 141, and 141.1 and

Chief Judge Kimberly J. Mueller’s Standing Orders

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A.

All deposition transcripts, exhibits, answers to interrogatories, and other

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Documents that have previously been designated by a Party as comprising or containing

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CONFIDENTIAL information, or any pleading, brief, or memorandum purporting to

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reproduce or paraphrase such material, shall be submitted for filing only under the

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procedure set forth in L.R. 141.

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B.

No document will be sealed, nor shall a redacted document be filed, without the

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prior approval of the court. If a document for which sealing or redaction is sought relates to

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the record on a motion to be decided by Chief Judge Mueller, the request to seal or redact

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should be directed to her and not the assigned Magistrate Judge. All requests to seal or

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redact shall be governed by Local Rules 141 (sealing) and 140 (redaction); protective

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orders covering the discovery phase of litigation shall not govern the filing of sealed or

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redacted documents on the public docket. The court will only consider requests to seal or

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redact filed by the proponent of sealing or redaction. If a party plans to make a filing that

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includes material an opposing party has identified as confidential and potentially subject to

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sealing, the filing party shall provide the opposing party with sufficient notice in advance of

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filing to allow for the seeking of an order of sealing or redaction from the court.

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C.

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CONFIDENTIAL Documents and things that are accepted for filing under seal

by the Court shall be treated in accordance with L.R. 138(a)(2), L.R. 141, and L.R. 141.1.

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D.

However, any document that is not CONFIDENTIAL in its entirety will not be

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filed under seal if the confidential portions can be redacted. If documents can be redacted,

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then a redacted version for public viewing, omitting only the CONFIDENTIAL portions of

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the document, shall be filed.

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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11.

If the receiving Party disagrees with the CONFIDENTIAL or redacted status of any

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Document or other material, the receiving Party will notify and confer with the producing Party to

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request reclassification or redaction of the Document or material. If no agreement has been

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reached within ten (10) court days of such notification or a later date if agreed to in writing by the

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Parties, the receiving Party may thereafter make a request of the Court for an order reclassifying

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the confidentiality designation and/or removing such Document or other material from the

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restrictions of this Stipulation.

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If such a request is made, the Party seeking to maintain a confidentiality classification bears
the burden of establishing that the restrictions of this Stipulation should apply to such
CONFIDENTIAL information.

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12.

Privileged Information and Inadvertent Disclosure of Privileged Information (“Claw

Back Provision”)

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A.

Nothing in this Stipulation shall in and of itself require disclosure of

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information that is protected by the attorney-client privilege, work-product doctrine,

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deliberative process privilege, or any other privilege, doctrine, or immunity, nor does this

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Stipulation result in any Party giving up its right to argue that otherwise privileged

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documents must be produced due to waiver or for any other reason.

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B.

Inadvertent production of information subject to the attorney-client privilege,

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work-product doctrine, deliberative process privilege, or any other privilege shall not

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constitute a waiver of any claim for protection under the privileges, provided that the

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provisions of this paragraph are satisfied.

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i.

If the producing Party discovers that information produced in discovery

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should have been withheld on the basis of privilege, the producing Party must provide

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written notice to all other Parties as soon as is reasonably practicable. In such event,

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the Parties must immediately:

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(a)

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producing Party; or

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return the privileged information along with all duplicates to the

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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(b)

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The producing Party shall designate which of these approaches the Parties

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must follow. Once notified of the production of privileged information,

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the receiving Party shall not duplicate the privileged information, nor

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distribute the privileged information by any means other than returning it

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to the producing Party or destroying it consistent with this Paragraph. In

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addition, once notified of the production of privileged information, the

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receiving Party shall, if such material has previously been disclosed to

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others by the receiving Party, take reasonable steps to obtain all such

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previously disclosed material and advise such persons of the claims of

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privilege. Within fifteen (15) days of notifying all other Parties, the

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producing Party must provide a privilege log to all Parties that lists the

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privileged information. The receiving Party shall have no liability, under

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this Stipulation or otherwise, for any disclosure or use of privileged

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information occurring before the receiving Party was placed on notice of

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the producing Party's claims of privilege, provided the receiving Party did

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not know that the information was privileged.

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ii.

destroy the originals and all copies of the privileged information.

If the receiving Party has a reasonable basis to believe that information

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received in discovery should have been withheld on the basis of privilege, the

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receiving Party has an affirmative obligation to provide written notice to the

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producing Party. The receiving Party must provide such written notice within a

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reasonable time period after identifying the information as privileged, but in any

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event, no later than seven (7) days after it discovers that privileged information was

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inadvertently received.

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13. The Parties agree that Documents, information or other things produced by third parties

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pursuant to a subpoena may be designated as “CONFIDENTIAL” by any Party upon written

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notice to the other. The Designating Party need identify the Document, information or other thing

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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as CONFIDENTIAL information within ten (10) days after receipt by the Designating Party and

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notify the other Party in writing.

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If CONFIDENTIAL information received in accordance with this Stipulation is

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disclosed to any person other than in the manner authorized by this Stipulation, the Party

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responsible for the disclosure shall immediately bring all pertinent facts relating to such

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disclosure to the attention of all counsel of record of the Parties and, without prejudice to other

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rights and remedies available to the producing Party, make every effort to obtain the return of the

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disclosed CONFIDENTIAL information and prevent further disclosure of it by the person who

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was the recipient of such information.

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15.

This Stipulation has no effect upon, and shall not apply to, a Designating Party’s use

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or disclosure of its own discovery material obtained lawfully by such person independently of the

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discovery proceedings in this litigation or Skyline Wesleyan Church v. California Department of

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Managed Healthcare, et al., Case No. 16-CV-501 TWR (MSB) (S.D. Cal.), and not otherwise

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subject to confidentiality restrictions for any purpose.

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16.

Unless otherwise agreed or ordered by the Court, within ninety (90) calendar days

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after the termination of this action, Case No. 2:15-CV-02165-KJM-EFB, including any and all

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appeals therefrom, attorneys for the receiving Party shall destroy all CONFIDENTIAL

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information received from the other Parties to this litigation or third parties hereunder, and

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provide the other Parties with written verification of such destruction. Notwithstanding this

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provision, outside counsel for each Party may maintain for archival purposes one copy of all

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pleadings, transcripts, exhibits and written discovery responses, including portions designated

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under this Stipulation. Prompt written notice shall be given to a Party who produced

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CONFIDENTIAL information hereunder if that Party’s CONFIDENTIAL information is sought

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by any person not a party to this litigation, by subpoena in another action, or by service with any

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legal process. Any person seeking such CONFIDENTIAL information who takes action to

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enforce such subpoena or other legal process shall be apprised of this Stipulation and any

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Protective Order thereon.

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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17.

This Stipulation may be changed only by written agreement of the Parties or order of

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the Court, and is without prejudice to the rights of a Party to seek relief from, or variation of, any

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of its provisions.

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18.

Subject to Paragraph 16 above, the remaining provisions of this Stipulation, including

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the obligations to maintain confidentiality embodied herein, shall survive the final disposition of

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this litigation and continue in full force and effect.

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19.

Upon execution of this Stipulation, the Parties will submit this Stipulation to the

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Court for approval of its terms and incorporation as a Protective Order Regarding Confidential

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Information.

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IT IS SO ORDERED.

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Dated: January 14, 2022.

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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EXHIBIT A

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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EXHIBIT A TO STIPULATION REGARDING CONFIDENTIAL INFORMATION

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CERTIFICATION
I, __________________________, residing at _________________________,
________________________, being duly sworn according to law, state as follows:
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I understand that designated “CONFIDENTIAL” information will be provided to me

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in accordance with the terms and conditions and restrictions of the Stipulation, dated December

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___, 2021, entered into between the Parties in the case styled Foothill Church et al., v. Mary

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Watanabe, U.S. Dist. Ct., E.D. Cal., Case No. 2:15-CV-02165-KJM-EFB (“Litigation”);

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2.

I have been given a copy of, and have read and understand, the Stipulation and any

Protective Order thereon, and I hereby agree to be bound by its terms;
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I agree not to disclose to others, except in accordance with the terms and conditions

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of the Stipulation, any CONFIDENTIAL information provided to me and that such

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CONFIDENTIAL information be used only for the purposes of this Litigation;

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4.

I further understand and acknowledge that my obligations relative to the

CONFIDENTIAL information will continue even after the Litigation terminates;
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I further understand and agree that, in the event that I fail to abide by the terms of the

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Stipulation and any Protective Order thereon, I may be subject to sanctions imposed by the Court

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for such a failure, including sanctions by way of contempt of Court, and may be liable upon a

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claim for damages by the Party who produced the CONFIDENTIAL information disclosed to me;

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6.

For purposes of enforcing this Stipulation and any Protective Order thereon, I consent

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to the jurisdiction of the federal court and/or state courts in California, and agree that service by

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mail at the address designated above or personal service of any notice, order, or proceeding in

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connection therewith shall be valid service upon me; and

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7.

I certify that the foregoing statements made by me are true and correct under penalty

of perjury under the laws of the United States of America and the State of California.

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Executed on: ________________________________
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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)

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By: ________________________________________

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Print Name: _________________________________

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SF2015403026
35704095.docx

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STIPULATED PROTECTIVE ORDER (2:15-CV-02165-KJM-EFB)