Mihan v. Regents of the University of California et al.

Filing 24

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 10/12/2016. (Michel, G.)

1
2
3
4
5
6
7
8

A PROFESSIONAL CORPORATION

Carl L. Fessenden, SBN 161494
Nasim S. Tourkaman, SBN 300933
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendant
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (erroneously sued as UNIVERSITY
OF CALIFORNIA, DAVIS; UNIVERSITY OF CALIFORNIA DAVIS PLASTIC AND
RECONSTRUCTIVE SURGERY CENTER; and U.C. DAVIS HEALTH SYSTEM DEPARTMENT
OF OTOLARYNGOLOGY)

9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12
13
14

CASE NO. 2:16-cv-01390-KJM-CMK

KIM MIHAN,
Plaintiff,
v.

Complaint Filed:

15
16
17
18
19
20

STIPULATED PROTECTIVE
ORDER
06/21/2016

THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; UNIVERSITY OF
CALIFORNIA, DAVIS; UNIVERSITY OF
CALIFORNIA DAVIS PLASTIC AND
RECONSTRUCTIVE SURGERY CENTER;
U.C. DAVIS HEALTH SYSTEM
DEPARTMENT OF OTOLARYNGOLOGY;
GREATER SACRAMENTO
OTOLARYNGOLOGY SOCIETY,

21
22

Defendants,
___________________________________/

23

The parties believe that discovery will involve production of documents, containing or

24

concerning confidential or other private information which otherwise may be deemed

25

“Confidential,” including documents that may be protected by the Health Insurance Portability

26

and Accountability Act.

27
28

In light of these confidentiality concerns, the parties mutually wish to establish procedures
that will be fair to each of them and will protect the confidentiality of the documents.
{01603682.DOCX}

1
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

1

THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows by and

2

between Plaintiff KIM MIHAN (“Plaintiff”) and Defendant THE REGENTS OF THE

3

UNIVERSITY OF CALIFORNIA (“Defendant”), by and through their attorneys of record:

4

1.

This Confidentiality Order (“Order”) shall govern the designation and handling of

5

documents, records, and discovery responses, containing or concerning confidential and/or

6

personal private information, including but not limited to medical records, medical bills and/or

7

other financial information pertaining to medical and billing services with respect to Plaintiff.

8

2.

There is a need for protection of the categories of information listed above because

to assess the claims being made in this action. This matter involves claims that Defendant failed

11

to provide medical interpretive services to Plaintiff at all times prior to and after her surgery at

12
PORTER | SCOTT

the parties need to exchange what is believed to be “Confidential” or private documents in order

10

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

9

Defendant’s Department of Otolaryngology. To assess that, the parties must review medical

13

records and billing information. Due to privacy/confidentiality concerns, the parties wish to enter

14

into this Stipulation and Order to protect the documents each side will produce that are

15

confidential and/or private.

16

3.

Should the parties disagree as to the designation of documents or testimony as

17

“Confidential,” the parties will be able to request that the Court resolve such dispute, pursuant to

18

paragraph 11, herein.

19

4.

With respect to any confidential information or documents within the scope of

20

paragraph 1 and 2 above, the person or entity producing the documents or information may

21

designate, prior to or at the time of production of documents or disclosure of other discovery

22

material, or after the production of such documents or other discovery material, all or any portion

23

of such material, documents or information as “Confidential” by designating in writing to other

24

parties the documents claimed to be “Confidential.”

25

5.

A party may designate as “Confidential” any information that the party in good

26

faith believes constitutes confidential information subject to a legally protected right of privacy or

27

otherwise considered confidential under the law.

28

///
{01603682.DOCX}

2
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

1

6.

Unless otherwise ordered by the Court, all “Confidential” information will be

2

held by the receiving party solely for the use in connection with this litigation and will be

3

maintained and disclosed only in accordance with this Order. Experts referred to in paragraph

4

8(d) who have complied with the requirements of paragraph 9 hereof may review and retain

5

certain documents and other “Confidential” information for purposes of study, analysis, and

6

preparation in connection with the case.

7

7.

Except with prior written consent of the party designating the information as

8

“Confidential”, or upon prior order of this Court obtained upon notice to counsel for all parties,

9

“Confidential” information shall not be disclosed by any party to any person other than:
counsel for the respective parties to this litigation;

b)

employees of each such law firm;

12
PORTER | SCOTT

a)

11
350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

10

c)

any named party;

13

d)

experts, consultants, or advisors employed or utilized by counsel to assist

14

in this litigation, or to testify at trial or any other proceeding in this action;

15

“Confidential” documents may be shown to any person listed in sub paragraph d) of this

16

paragraph only after such person has been shown a copy of this Order and advised of its terms,

17

and only after such person executes a copy of the form of certification attached to this Order as

18

Exhibit “A” (the “Certification”). A party that has produced particular “Confidential” documents

19

(as opposed to a party that has received the “Confidential” documents) may, however, disclose

20

such “Confidential” documents to any person or entity, with or without any conditions to such

21

disclosure, as the party deems appropriate.

22

8.

Counsel shall maintain complete records of every original signed Certification

23

obtained from any person pursuant to paragraph 7. These Certifications need not be disclosed to

24

the opposing parties absent further order by the Court.

25

9.

Any person receiving “Confidential” information shall not reveal the information

26

to, or discuss the contents of the information with, any person who is not entitled to receive such

27

information as set forth herein.

28

///
{01603682.DOCX}

3
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

1

10.

In the event that counsel for any party determines to file with or submit to the

2

Court (a) any “Confidential” material, or information derived therefrom, or (b) any papers

3

containing or making reference to such information, such counsel shall provide written notice to

4

the counsel for the opposing party five (5) court days prior to the date such counsel intends to

5

submit any such information to the Court. Such written notice shall identify the specific bates-

6

numbered pages of the “Confidential” material (or information derived therefrom or reference

7

made thereto) that the party intends to submit to the Court. Such written notice is intended to

8

allow either party to seek a ruling from the Court that such information shall be filed under seal.

9

Such information shall not be filed with the Court until the Court has ruled on the opposing

10
11

party's request for an order that such information shall be filed under seal.
11.

The parties shall not be obligated to challenge the propriety of a “Confidential”

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12

information designation at the time made, and a failure to do so shall not preclude a subsequent

13

challenge thereto. In the event that a party objects at any stage of these proceedings to the

14

propriety of a designation by a party of any information as “Confidential,” the parties shall

15

attempt first to dispose of the dispute in good faith on an informal basis. If the dispute cannot be

16

resolved, any party may seek appropriate relief from the Court, and the party claiming the

17

documents are confidential shall have the burden of proving that the information is, in fact,

18

confidential under applicable law. The parties must meet and confer before seeking the Court’s

19

involvement. The parties may not make any unauthorized disclosure of any information

20

designated as “Confidential” unless and until the Court has ruled that the challenge information is

21

not subject to the restrictions of this Order.

22

12.

All provisions of this Order restricting the communication or use of “Confidential”

23

information shall continue to be binding after the concluding of this action unless subsequently

24

modified by the agreement between the parties or under the Court.

25

13.

Within ninety (90) days after the final termination of this action, including all

26

appeals, any and all “Confidential” information and all copies made thereof shall, at the option of

27

the parties holding such information, either (a) be returned promptly to the party that produced

28

the material, or (b) be destroyed, and a certificate to that effect shall be provided to the party that
{01603682.DOCX}

4
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

1

produced the material. However, any work product (as defined under applicable law), pleadings,

2

deposition transcripts or trial exhibits in this action may be retained by counsel subject to the

3

terms of this Order.

4

14.

Entry of this Order shall be without prejudice to any application for relief from

5

any restriction contained herein or for any order compelling or further restricting the production,

6

exchange or use of any document, testimony, interrogatory, response or other information

7

produced, given or exchanged in the course of pretrial discovery in this action.

8

15.

This Order does not operate as an agreement by any party to produce any or all

9

documents and/or information demanded or requested by another party. Nothing herein shall be

10

deemed to waive any applicable privilege or to be construed as an acknowledgement of the

11

applicability of any privilege.

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12

16.

All persons bound by this Order are hereby notified that if this Order is in any

13

manner violated, they will be subject to an Order from the Court, which may include, in the

14

Court’s discretion, an award of sanctions. The terms and conditions of this Order shall remain in

15

full force and effect until further order of this Court or a Court of competent jurisdiction and shall

16

not cease to be in effect because this litigation is finally adjudicated. The Court shall retain

17

jurisdiction over this matter after entry of final judgment to enforce the terms of this Order.

18

17.

The inadvertent failure of any party to designate as “Confidential” any document

19

produced in the course of regular discovery in this action shall not constitute a waiver of that

20

party’s right to assert later that such document is “Confidential.”

21
22
23
24

18.

The court retains jurisdiction to make such amendments, modifications and

additions to this order as it may deem appropriate.
IT IS SO STIPULATED.
Dated: October 12, 2016

PORTER SCOTT

25

A PROFESSIONAL CORPORATION

26

By: /s/Nasim S. Tourkaman
Carl L. Fessenden
Nasim S. Tourkaman
Attorneys for Defendant
THE REGENTS OF THE UNIVERSITY OF CA

27
28
{01603682.DOCX}

5
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

1

Dated: October 12, 2016

DISABLED ADVOCACY GROUP, APLC

2
3

By: /s/Stephanie Ross (authorized 10/07/16)
Stephanie Ross
Attorney for Plaintiff KIM MIHAN

4
5
6

IT IS SO ORDERED.

7
8

Dated: October 12, 2016

9
10
11

PORTER | SCOTT

350 University Ave., Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
{01603682.DOCX}

6
STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER