Buschman v. Anesthesia Business Consultants LLC

Filing 16

STIPULATION AND ORDER re 15 STIPULATION WITH PROPOSED PROTECTIVE ORDER filed by Alan Buschman, PROTECTIVE ORDER. Signed by Judge Edward M. Chen on 9/16/13. (bpf, COURT STAFF) (Filed on 9/16/2013)

1

6

Amy J. Talarico (SBN 209112)
[e-mail]
Jeffrey Raskin (SBN 169096)
[e-mail]
MORGAN, LEWIS & BOCKIUS, LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.1001

7

Attorneys for Plaintiff ALAN BUSCHMAN

8

Kenneth E. Keller (SBN 71450)
[e-mail]
Michael D. Lisi (SBN 196974)
[e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

2
3
4
5

9
10
11
12

Daniel J. Scully, Jr. (SBN: 94661)
[e-mail]
CLARK HILL P.C.
500 Woodward Avenue, Suite 2500
Detroit, Michigan 48226
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ANESTHESIA BUSINESS CONSULTANTS, LLC

13
14

Attorneys for Defendant
ANESTHESIA BUSINESS CONSULTANTS, LLC

15
IN THE UNITED STATES DISTRICT COURT

16

FOR THE NORTHERN DISTRICT OF CALIFORNIA

17

(SAN FRANCISCO DIVISION)

18
19

ALAN BUSCHMAN,
Plaintiff,

20
vs.

21
22
23

Case No. 3:13-cv-01787 EMC

ANESTHESIA BUSINESS
CONSULTANTS LLC; and DOES 1
THROUGH 100, inclusive,
Defendant.

STIPULATED PROTECTIVE ORDER
FOR STANDARD LITIGATION

24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP

Case No. 3:13-cv-01787

ATTORNEYS AT LAW

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

S AN FRANCISCO

DB2/ 24084171.1

1

1.

PURPOSES AND LIMITATIONS

2

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

3

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

4

disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

5

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

6

Protective Order. The parties acknowledge that this Order does not confer blanket protections on

7

all disclosures or responses to discovery and that the protection it affords from public disclosure

8

and use extends only to the limited information or items that are entitled to confidential treatment

9

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

10

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

11

information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that

12

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

13

court to file material under seal.

14

2.

DEFINITIONS

15

2.1

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

16

items under this Order.

17

2.2

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

18

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

19

of Civil Procedure 26(c).

20
21
22
23
24

2.3

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

well as their support staff).
2.4

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

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

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

25

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

26

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

27

responses to discovery in this matter.

28

2.6

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

Expert: a person with specialized knowledge or experience in a matter pertinent to
1
Case No. 3:13-cv-01787
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

2

consultant in this action.

3
4

2.7

Counsel does not include Outside Counsel of Record or any other outside counsel.

5
6

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

2.8

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

entity not named as a Party to this action.

7

2.9

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

8

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

9

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

10
11

2.10

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

12
13

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

2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

14

2.12

Professional Vendors: persons or entities that provide litigation support services

15

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

16

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

17

subcontractors.

18
19

2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

20

2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

21

Producing Party.

22

3.

SCOPE

23

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

24

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)

25

all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

26

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

27

However, the protections conferred by this Stipulation and Order do not cover the following

28

information: (a) any information that is in the public domain at the time of disclosure to a
2
Case No. 3:13-cv-01787

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as

2

a result of publication not involving a violation of this Order, including becoming part of the

3

public record through trial or otherwise; and (b) any information known to the Receiving Party

4

prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who

5

obtained the information lawfully and under no obligation of confidentiality to the Designating

6

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

7

4.

DURATION

8

Even after final disposition of this litigation, the confidentiality obligations imposed by

9

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

10

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

11

claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

12

the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

13

including the time limits for filing any motions or applications for extension of time pursuant to

14

applicable law.

15

5.

16

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

17

or Non-Party that designates information or items for protection under this Order must take care

18

to limit any such designation to specific material that qualifies under the appropriate standards.

19

The Designating Party must designate for protection only those parts of material, documents,

20

items, or oral or written communications that qualify – so that other portions of the material,

21

documents, items, or communications for which protection is not warranted are not swept

22

unjustifiably within the ambit of this Order.

23

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

24

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

25

unnecessarily encumber or retard the case development process or to impose unnecessary

26

expenses and burdens on other parties) expose the Designating Party to sanctions.

27

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

28

protection do not qualify for protection, that Designating Party must promptly notify all other
3
Case No. 3:13-cv-01787

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1
2

Parties that it is withdrawing the mistaken designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

3

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

4

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

5

designated before the material is disclosed or produced.

6

Designation in conformity with this Order requires:

7

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

8

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

9

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a

10

portion or portions of the material on a page qualifies for protection, the Producing Party also

11

must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

12

margins).

13

A Party or Non-Party that makes original documents or materials available for inspection

14

need not designate them for protection until after the inspecting Party has indicated which

15

material it would like copied and produced. During the inspection and before the designation, all

16

of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the

17

inspecting Party has identified the documents it wants copied and produced, the Producing Party

18

must determine which documents, or portions thereof, qualify for protection under this Order.

19

Then, before producing the specified documents, the Producing Party must affix the

20

“CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or

21

portions of the material on a page qualifies for protection, the Producing Party also must clearly

22

identify the protected portion(s) (e.g., by making appropriate markings in the margins).

23

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

24

Designating Party identify on the record, before the close of the deposition, hearing, or other

25

proceeding, all protected testimony.

26

(c) for information produced in some form other than documentary and for any other

27

tangible items, that the Producing Party affix in a prominent place on the exterior of the container

28

or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
4
Case No. 3:13-cv-01787

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

portion or portions of the information or item warrant protection, the Producing Party, to the

2

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

3

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

4

designate qualified information or items does not, standing alone, waive the Designating Party’s

5

right to secure protection under this Order for such material. Upon timely correction of a

6

designation, the Receiving Party must make reasonable efforts to assure that the material is

7

treated in accordance with the provisions of this Order.

8

6.

9

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

10

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

11

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

12

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

13

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

14

original designation is disclosed.

15

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

16

process by providing written notice of each designation it is challenging and describing the basis

17

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

18

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

19

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

20

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

21

forms of communication are not sufficient) within 14 days of the date of service of notice. In

22

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

23

designation was not proper and must give the Designating Party an opportunity to review the

24

designated material, to reconsider the circumstances, and, if no change in designation is offered,

25

to explain the basis for the chosen designation. A Challenging Party may proceed to the next

26

stage of the challenge process only if it has engaged in this meet and confer process first or

27

establishes that the Designating Party is unwilling to participate in the meet and confer process in

28

a timely manner.

MORGAN, LEWIS &
BOCKIUS LLP

5

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

Case No. 3:13-cv-01787

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

2

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

3

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if

4

applicable) within 21 days of the initial notice of challenge or within 14 days of the parties

5

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each

6

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

7

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

8

the Designating Party to make such a motion including the required declaration within 21 days (or

9

14 days, if applicable) shall automatically waive the confidentiality designation for each

10

challenged designation. In addition, the Challenging Party may file a motion challenging a

11

confidentiality designation at any time if there is good cause for doing so, including a challenge to

12

the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to

13

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

14

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

15

The burden of persuasion in any such challenge proceeding shall be on the Designating

16

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

17

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

18

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

19

file a motion to retain confidentiality as described above, all parties shall continue to afford the

20

material in question the level of protection to which it is entitled under the Producing Party’s

21

designation until the court rules on the challenge.

22

7.

23

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

24

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

25

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

26

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

27

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

28

DISPOSITION).

MORGAN, LEWIS &
BOCKIUS LLP

6

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

Case No. 3:13-cv-01787

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

in a secure manner that ensures that access is limited to the persons authorized under this Order.

3

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

4

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

5

information or item designated “CONFIDENTIAL” only to:

6

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

7

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

8

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

9

Bound” that is attached hereto as Exhibit A;

10

(b) the officers, directors, and employees (including House Counsel) of the Receiving

11

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

12

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

13

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

14

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

15

Agreement to Be Bound” (Exhibit A);

16

(d) the court and its personnel;

17

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

18

and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who

19

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

20

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

21

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

22

unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

23

deposition testimony or exhibits to depositions that reveal Protected Material must be separately

24

bound by the court reporter and may not be disclosed to anyone except as permitted under this

25

Stipulated Protective Order.

26

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

27

other person who otherwise possessed or knew the information.

28

8.

MORGAN, LEWIS &
BOCKIUS LLP

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
7
Case No. 3:13-cv-01787

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

LITIGATION

2

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

3

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

4

must:

5
6

(a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;

7

(b) promptly notify in writing the party who caused the subpoena or order to issue in

8

the other litigation that some or all of the material covered by the subpoena or order is subject to

9

this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

10

and

11
12

(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

13

If the Designating Party timely seeks a protective order, the Party served with the

14

subpoena or court order shall not produce any information designated in this action as

15

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

16

issued, unless the Party has obtained the Designating Party’s permission. The Designating Party

17

shall bear the burden and expense of seeking protection in that court of its confidential material –

18

and nothing in these provisions should be construed as authorizing or encouraging a Receiving

19

Party in this action to disobey a lawful directive from another court.

20

9.

21

LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

22

(a) The terms of this Order are applicable to information produced by a Non-Party in

23

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

24

connection with this litigation is protected by the remedies and relief provided by this Order.

25

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

26

additional protections.

27
28
MORGAN, LEWIS &
BOCKIUS LLP

(b) In the event that a Party is required, by a valid discovery request, to produce a
Non-Party’s confidential information in its possession, and the Party is subject to an agreement
8
Case No. 3:13-cv-01787

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

2
3

(1) promptly notify in writing the Requesting Party and the Non-Party that some
or all of the information requested is subject to a confidentiality agreement with a Non-Party;

4

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

5

in this litigation, the relevant discovery request(s), and a reasonably specific description of the

6

information requested; and

7

(3) make the information requested available for inspection by the Non-Party.

8

(c) If the Non-Party fails to object or seek a protective order from this court within 14

9

days of receiving the notice and accompanying information, the Receiving Party may produce the

10

Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

11

seeks a protective order, the Receiving Party shall not produce any information in its possession

12

or control that is subject to the confidentiality agreement with the Non-Party before a

13

determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

14

burden and expense of seeking protection in this court of its Protected Material.

15

10.

16

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

17

Material to any person or in any circumstance not authorized under this Stipulated Protective

18

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

19

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

20

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

21

made of all the terms of this Order, and (d) request such person or persons to execute the

22

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

23

11.

24

MATERIAL

25

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

When a Producing Party gives notice to Receiving Parties that certain inadvertently

26

produced material is subject to a claim of privilege or other protection, the obligations of the

27

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

28

provision is not intended to modify whatever procedure may be established in an e-discovery
9
Case No. 3:13-cv-01787

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

order that provides for production without prior privilege review. Pursuant to Federal Rule of

2

Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

3

communication or information covered by the attorney-client privilege or work product

4

protection, the parties may incorporate their agreement in the stipulated protective order

5

submitted to the court.

6

12.

7
8

MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.

9

12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

10

Order no Party waives any right it otherwise would have to object to disclosing or producing any

11

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

12

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

13

by this Protective Order.

14

12.3

Filing Protected Material. Without written permission from the Designating Party

15

or a court order secured after appropriate notice to all interested persons, a Party may not file in

16

the public record in this action any Protected Material. A Party that seeks to file under seal any

17

Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected

18

Material may only be filed under seal pursuant to a court order authorizing the sealing of the

19

specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a

20

sealing order will issue only upon a request establishing that the Protected Material at issue is

21

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

22

Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-

23

5(d) and General Order 62 is denied by the court, then the Receiving Party may file the

24

information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed

25

by the court.

26

13.

27
28
MORGAN, LEWIS &
BOCKIUS LLP

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

Receiving Party must return all Protected Material to the Producing Party or destroy such
10
Case No. 3:13-cv-01787

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

2

compilations, summaries, and any other format reproducing or capturing any of the Protected

3

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

4

submit a written certification to the Producing Party (and, if not the same person or entity, to the

5

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

6

the Protected Material that was returned or destroyed and (2)affirms that the Receiving Party has

7

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

8

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

9

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

10

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

11

product, and consultant and expert work product, even if such materials contain Protected

12

Material. Any such archival copies that contain or constitute Protected Material remain subject to

13

this Protective Order as set forth in Section 4 (DURATION).

14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

15
16

MORGAN, LEWIS & BOCKIUS, LLP
DATED: September 12, 2013

17
18

By: /s/Amy J. Talarico
Amy J. Talarico
Jeffrey Raskin
Attorneys for Plaintiff ALAN BUSCHMAN

19
KELLER, SLOAN, ROMAN & HOLLAND, LLP
DATED: September 12, 2013

22

UNIT
ED

S

/s/ Kenneth E. Keller
Kenneth E. Keller
S DISTRICT
Michael D. Lisi
TE
C
Attorneys for Defendant ANESTHESIA
TA
BUSINESS CONSULTANTS LLC

24

9/16/13

27

_____________________________________
n
M. Che
Hon. Judge Edward udge Edward
M. Chen
J
United States District/Magistrate Judge

NO

DATED: ___________________

RT

11

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

ER

H

28
MORGAN, LEWIS &
BOCKIUS LLP

VED
APPRO

FO

26

PURSUANT TO STIPULATION, IT IS SO ORDERED.

LI

25

RT
U
O

23

By:

A

21

R NIA

20

N

C
Case No. 3:13-cv-01787

F
D IS T I
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION C T O
R

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

type full address], declare under penalty of perjury that I have read in its entirety and understand

5

the Stipulated Protective Order that was issued by the United States District Court for the

6

Northern District of California on [date] in the case of Alan Buschman v. Anesthesia Business

7

Consultants LLC, et al. United States District Court for the Northern District of California San

8

Francsico Case No. 3:13-cv-01787 EMC, I agree to comply with and to be bound by all the terms

9

of this Stipulated Protective Order and I understand and acknowledge that failure to so comply

10

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

11

will not disclose in any manner any information or item that is subject to this Stipulated

12

Protective Order to any person or entity except in strict compliance with the provisions of this

13

Order.

14

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

15

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective

16

Order, even if such enforcement proceedings occur after termination of this action.

17

I hereby appoint __________________________ [print or type full name] of

18

_______________________________________ [print or type full address and telephone

19

number] as my California agent for service of process in connection with this action or any

20

proceedings related to enforcement of this Stipulated Protective Order.

21
22

Date: ______________________________________

23

City and State where sworn and signed: _________________________________

24
25

Printed name: _______________________________

26
27

Signature: __________________________________

28
MORGAN, LEWIS &
BOCKIUS LLP

12

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

Case No. 3:13-cv-01787

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1
CERTIFICATE OF SERVICE

2
3
4
5
6
7
8

I, Amy J. Talarico, certify that:
The within document, STIPULATED PROTECTIVE ORDER FOR STANDARD
LITIGIATION, is being filed electronically through the Electronic Case Filing (ECF) system
provided by the Court and served electronically through the ECF system to all counsel of record
to those registered to receive Notice of Electronic filing for this case.
Dated: September 12, 2013

/s/ Amy J. Talarico
Amy J. Talarico, Esq.
MORGAN, LEWIS & BOCKIUS, LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.1001

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP

1

ATTORNEYS AT LAW
S AN FRANCISCO

DB2/ 24358929.1

CERTIFICATE OF SERVICE

Case No. 3:13-cv-01787