Ryan Kime v. Adventist Health Clearlake Hospital, Inc. et al

Filing 34

STIPULATED PROTECTIVE ORDER [*AS MODIFIED BY THE COURT*]. Signed by Judge Yvonne Gonzalez Rogers on 11/8/16. (fs, COURT STAFF) (Filed on 11/8/2016)

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JUSTICE FIRST
Jenny C. Huang, SBN 223596
180 Grand Avenue, Suite 1300
Oakland, CA 94612
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Ryan Kime

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United States District Court
Northern District of California

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LAW OFFICE OF STEPHEN SCHEAR,
Stephen Schear, SBN 83806
2831 Telegraph Avenue
Oakland, California 94609
Telephone: [phone]
Email: [e-mail]

MANATT, PHELPS & PHILLIPS, LLP
Barry S. Landsberg, SBN 117284
Doreen W. Shenfeld, SBN 113686
Colin McGrath, SBN 286882
11355 W. Olympic Blvd.
Los Angeles, CA 90064
Telephone: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Adventist Health Clearlake Hospital, Inc.,
Medical Staff of St. Helena Hospital Clearlake, and Dr. John Weeks

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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RYAN KIME, M.D.,
Plaintiff,

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vs.

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ADVENTIST HEALTH CLEARLAKE
HOSPITAL, ET AL.,
Defendants.

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) Case No.: 1:16-cv-04502 (YGR)
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) STIPULATED PROTECTIVE ORDER
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) *AS MODIFIED BY THE COURT*
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1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production

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

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public disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition the court

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to enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to discovery

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and that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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

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

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confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

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

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permission from the court to file material under seal.

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2.

PROTECTIONS REGARDING PERSONAL, HEALTH AND MEDICAL

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INFORMATION AND CONFIDENTIAL MEDICAL STAFF RECORDS.

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The parties acknowledge that information produced in discovery, regardless

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of its designation under this Order, may contain information that concerns or relates

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to private, personal health and medical information that is subject to the protections

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of (a) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)

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and the applicable requirements of the Standards for Privacy of Individually

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Identifiable Health Information and its implementing regulations issued by the U.S.

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Department of Health and Human Services (45 C.F.R. Parts 160-64; HIPAA Privacy

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Regulations) and/or (b) California’s Confidentiality of Medical Information Act

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(“CMIA”) (California Civil Code § 56 et seq.) (collectively, “Privacy Laws.”). The

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parties also acknowledge that information produced in discovery may include the

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confidential records and proceedings of the Medical Staff of St. Helena Hospital

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Clearlake, which defendants would not voluntarily produce if this matter were pending in
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California State Court. The parties and all third-party signatories to this Protective

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Order agree to take all measures necessary to comply with the requirements of the

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Privacy Laws and any other applicable laws governing the privacy of health and

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medical information and confidential Medical Staff records and proceedings. Such

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measures include, but are not limited to, the development, implementation,

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maintenance and use of appropriate administrative, technical and physical

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safeguards, in compliance with all applicable state and federal laws, to preserve the

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confidentiality and integrity of private health and medical information.

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3.

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DEFINITIONS
3.1

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

of information or items under this Order.
3.2

“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for protection

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under Federal Rule of Civil Procedure 26(c). To the extent not included, the term

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CONFIDENTIAL shall also include:
a.

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information which concerns or relates to the trade secrets,

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processes, operations, style of works, or apparatus, or to the production, sales,

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shipments, purchases, transfers, identification of customers, inventories, or amount

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or source of any income, profits, losses, or expenditures , or other information of

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commercial value, the disclosure of which is likely to have the effect of impairing or

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hindering the ability to perform its statutory functions, or causing substantial harm

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or cause annoyance or embarrassment;
b.

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under HIPAA and its implementing regulations (45 C.F.R. § 160.103).
c.

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protected health information (“PHI”) as that term is defined

information that concerns or relates to the records and

proceedings of the Medical Staff of St. Helena Hospital Clearlake.
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Counsel (without qualifier): Outside Counsel of Record and House

Counsel (as well as their support staff).
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3.4

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

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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3.5

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

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the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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3.6

Expert: a person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this action.
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House Counsel: attorneys who are employees of a party to this action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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3.8

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

other legal entity not named as a Party to this action.
3.9

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

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

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appeared in this action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party.

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

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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3.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
3.12 Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying, court reporting, videotaping, translating, preparing

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exhibits or demonstrations, and organizing, storing, or retrieving data in any form or

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medium) and their employees and subcontractors.
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3.13 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”
3.14 Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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4.

SCOPE
The protections conferred by this Stipulation and Order cover not only

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

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of

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Protected Material; and (3) any testimony, conversations, or presentations by Parties

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or their Counsel that might reveal Protected Material. However, the protections

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conferred by this Stipulation and Order do not cover any information that is in the

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public domain at the time of disclosure to a Receiving Party or becomes part of the

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public domain after its disclosure to a Receiving Party as a result of publication not

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involving a violation of this Order, including becoming part of the public record

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through trial or otherwise. Any use of Protected Material at trial shall be governed by

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a separate agreement or order.

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5.

DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this action, with or

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without prejudice; and (2) final judgment herein after the completion and exhaustion

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of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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

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applicable law.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under this
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Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards. The Designating Party must designate for protection

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only those parts of material, documents, items, or oral or written communications that

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

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for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber or retard the case development process or to

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impose unnecessary expenses and burdens on other parties) expose the Designating

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Party to sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the mistaken designation.

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6.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 6.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each

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page that contains protected material. If only a portion or portions of the material on a

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page qualifies for protection, the Producing Party also must clearly identify the

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

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

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inspection need not designate them for protection until after the inspecting Party has
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indicated which material it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

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it wants copied and produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Order. Then, before producing the

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specified documents, the Producing Party must affix the “CONFIDENTIAL” legend

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to each page that contains Protected Material. If only a portion or portions of the

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

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

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margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings,

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that the Designating Party identify on the record, before the close of the deposition,

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hearing, or other proceeding, all protected testimony, or by marking within fifteen

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(15) days after the receipt of a final transcript of such deposition the portions of the

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transcript to be designated as Confidential. During the deposition, if Confidential

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information or material is to be disclosed, prior to such disclosure any person not

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authorized to receive Confidential information shall be excluded from the deposition

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until testimony regarding those matters has been concluded. If any testimony in a

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deposition or any writing or information used during the course of a deposition is

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designated as Confidential, the portion of the deposition record reflecting such

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material shall be stamped with the appropriate designation and access thereto shall be

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limited pursuant to the terms of this Order. The terms of this Order shall apply to

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videotaped depositions, and DVDs, video cassettes or other video containers shall be

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labeled in accordance with the terms of this Order.

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

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the

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legend “CONFIDENTIAL.” If only a portion or portions of the information or item
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warrant protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).
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Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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7.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1

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

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designation of confidentiality at any time. Unless a prompt challenge to a Designating

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Party’s confidentiality designation is necessary to avoid foreseeable, substantial

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unfairness, unnecessary economic burdens, or a significant disruption or delay of the

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litigation, a Party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the original designation is disclosed.

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7.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is challenging

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and describing the basis for each challenge. To avoid ambiguity as to whether a

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challenge has been made, the written notice must recite that the challenge to

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confidentiality is being made in accordance with this specific paragraph of the

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Protective Order. The parties shall attempt to resolve each challenge in good faith and

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must begin the process by conferring directly (in voice to voice dialogue; other forms

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

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

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confidentiality designation was not proper and must give the Designating Party an

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opportunity to review the designated material, to reconsider the circumstances, and, if

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no change in designation is offered, to explain the basis for the chosen designation. A

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Challenging Party may proceed to the next stage of the challenge process only if it has
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engaged in this meet and confer process first or establishes that the Designating Party

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is unwilling to participate in the meet and confer process in a timely manner.

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7.3

Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, the parties shall follow the Court’s Standing Order in Civil Cases

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regarding Discovery and Discovery Motions. The parties may file a joint letter brief

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regarding retaining confidentiality within 21 days of the initial notice of challenge or

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within 14 days of the parties agreeing that the meet and confer process will not resolve

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their dispute, whichever is earlier. Failure by a Designating Party to file such

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discovery dispute letter within the applicable 21 or 14 day period (set forth above)

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with the Court shall automatically waive the confidentiality designation for each

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challenged designation. If, after submitting a joint letter brief, the Court allows that a

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motion may be filed, any such motion must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer

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requirements imposed in the preceding paragraph. The Court, in its discretion, may

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elect to transfer the discovery matter to a Magistrate Judge.

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In addition, the parties may file a joint letter brief regarding a challenge to a

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

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challenge to the designation of a deposition transcript or any portions thereof. If, after

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submitting a joint letter brief, the Court allows that a motion may be filed, any motion

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brought pursuant to this provision must be accompanied by a competent declaration

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affirming that the movant has complied with the meet and confer requirements

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imposed by the preceding paragraph. The Court, in its discretion, may elect to refer

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the discovery matter to a Magistrate Judge.

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

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Designating Party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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the confidentiality designation by failing to file a letter brief to retain confidentiality
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as described above, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s designation until

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the court rules on the challenge.

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8.

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ACCESS TO AND USE OF PROTECTED MATERIAL
8.1

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

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disclosed or produced by another Party or by a Non-Party in connection with this case

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only for prosecuting, defending, or attempting to settle this litigation, or in any related

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state medical board investigations or proceedings. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in this

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Order. When the litigation has been terminated, a Receiving Party must comply with

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the provisions of section 14 below (FINAL DISPOSITION).

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

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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8.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated “CONFIDENTIAL”

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only to:

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

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

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disclose the information for this litigation and who have signed the “Acknowledgment

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and Agreement to Be Bound” that is attached hereto as Exhibit A;

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

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Receiving Party to whom disclosure is reasonably necessary for this litigation and

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

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

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d) the court and its personnel;

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

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary

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

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Bound” (Exhibit A);
(f) professional jury or trial consultants and mock jurors to whom disclosure

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is reasonably necessary for this litigation and who have signed that

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“Acknowledgement and Agreement to Be Bound” (Exhibit A);
(g) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

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by the court. Pages of transcribed deposition testimony or exhibits to depositions that

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reveal Protected Material must be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Stipulated Protective Order;

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(h) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information; and
(i) the staff and/or attorneys of any state Medical Board and/or any state

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agency reviewing, investigating, or conducting a hearing concerning or relating to Dr.

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Kime arising from the events described in the Complaint or resulting from

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information reported by Adventist Health Clearlake Hospital or its medical staff

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regarding Dr. Kime’s hospital privileges.

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9.

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OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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

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that compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” that Party must:

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

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issue in the other litigation that some or all of the material covered by the subpoena or

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order is subject to this Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued

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by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

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

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action as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material – and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this action to

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disobey a lawful directive from another court.

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10.

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

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(a) The terms of this Order are applicable to information produced by a

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Non-Party in this action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to

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produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party

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that some or all of the information requested is subject to a confidentiality agreement

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

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Protective Order in this litigation, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
(3) make the information requested available for inspection by the Non-

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

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within 14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the court.

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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11.

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

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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

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12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED

MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted to

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the court.

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13.

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

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MISCELLANEOUS

person to seek its modification by the court in the future.
13.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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13.3 Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this action any Protected Material.

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A Party that seeks to file under seal any Protected Material must comply with Civil

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Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court

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order authorizing the sealing of the specific Protected Material at issue. Pursuant to

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Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that

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the Protected Material at issue is privileged, protectable as a trade secret, or otherwise

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entitled to protection under the law. If a Receiving Party's request to file Protected

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Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then

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the Receiving Party may file the information in the public record pursuant to Civil

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Local Rule 79-5(e) unless otherwise instructed by the court.

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14.

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FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph
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4, each Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material” includes

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all copies, abstracts, compilations, summaries, and any other format reproducing or

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capturing any of the Protected Material. Whether the Protected Material is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing

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Party (and, if not the same person or entity, to the Designating Party) by the 60 day

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deadline that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not

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retained any copies, abstracts, compilations, summaries or any other format

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reproducing or capturing any of the Protected Material. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion

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papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and consultant and

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expert work product, even if such materials contain Protected Material. Any such

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archival copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 5 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: November 4, 2016
Oakland, California

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JUSTICE FIRST
Attorneys for Plaintiff Ryan Kime
By:
______/s/ Jenny Huang____________
Jenny C. Huang
180 Grand Avenue, Suite 1300
Oakland, CA 94612

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Dated: November 4, 2016
Los Angeles, California

MANATT, PHELPS & PHILLIPS, LLP

Attorneys for Defendants
By:

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_____/s/ Doreen Shenfeld___________
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Barry S. Landsberg
Doreen W. Shenfeld
Colin McGrath
11355 W. Olympic Blvd.
Los Angeles, CA 90064

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: November 8, 2016

____________________________________
The Honorable Yvonne Rogers Gonzalez
United States District Court Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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_________________________ [print or type full address], declare under penalty of

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perjury that I have read in its entirety and understand the Stipulated Protective Order

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that was issued by the United States District Court for the Northern District of

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California on ______________________[date] in the case of Kime v. Adventist Health

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Clearlake Hosp., Case No. 16-cv-04502 (YGR). I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to sanctions and punishment

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in the nature of contempt. I solemnly promise that I will not disclose in any manner

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any information or item that is subject to this Stipulated Protective Order to any

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person or entity except in strict compliance with the provisions of this Order. I further

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agree to submit to the jurisdiction of the United States District Court for the Northern

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

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

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

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this Stipulated Protective

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Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________
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