ABC v. DEF

Filing 102

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Colleen McMahon on 11/29/21) (yv)

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 1 of 19

UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
CALIFORNIA, COLORADO,
CONNECTICUT, DELAWARE, FLORIDA,
GEORGIA, HA WAIi, ILLINOIS, INDIANA,
IOWA, LOUISIANA, MASSACHUSETTS ,
MICHIGAN, MINNESOTA, MONT ANA,
NEV ADA, NEW JERSEY, NEW MEXICO,
NEW YORK, NORTH CAROLINA,
OKLAHOMA, RHODE ISLAND,
TENNESSEE, TEXAS , VERMONT,
VIRGINIA, WASHINGTON, WISCONSIN ,
and the DISTRICT OF COLUMBIA
ex rel. URI BASSAN,

USDCSDNY
DOCUMENT

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F.CTRONICALLY FILED

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Plaintiffs,
V.

OMNICARE, INC.,
Defendant.

CaseNo.15-CV-4179(CM)

UNITED STATES OF AMERICA,
Plaintiff~
V.

OMNICARE, INC. and CVS HEALTH CORP.,
Defendants.

[:fW@ I C&&D j PROTECTIVE ORDER
Disclosure and discovery activity in the above-captioned action (the "Action") are likely
to involve production of confidential, proprietary, trade secret, or private information for which
special protection from public disclosure may be warranted.

The parties to the Action (the

"Parties") wish to facilitate discovery while protecting such information in accordance with
applicable law. The Parties also wish to facilitate discovery while preventing the waiver of

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 2 of 19

applicable privileges or protections due to inadvertent disclosure. Accordingly, the Parties have
stipulated and agreed to the following terms of a protective order.
It is therefore hereby ORDERED as follows :
1.

Pursuant to Federal Rule of Civil Procedure 26( c ), good cause exists for the entry

of this Protective Order (the "Order").
2.

This Order shall apply to Discovery Material (defined below) exchanged by the

Parties or by third parties in discovery in the Action as further set forth below.
3.

This Protective Order authorizes the disclosure of information protected by the

Health Insurance Portability and Accountability Act of 1996 ("HIP AA"), as amended by the
Health Infonnation Technology for Economic and Clinical Health Act ("HITECH Act") ,
including all applicable regulations and guidance issued by the Secretary of the United States
Department of Health and Human Services, including, specifically, 42 C.F.R. Part 2 and 45
C.F.R. §§ 164.512(e)(l)(ii)(B), 164.512(e)(l)(v) (collectively the "HIPAA Rules"), as well as all
state laws and regulations regarding the privacy and security of personal infonnation
( collectively with the HIP AA Rules, "Privacy and Security Rules"). It is the intent of the Parties
that this Order be deemed a "qualified protective order" under HIP AA, as set forth in the
implementing regulations for that statute found at 42 C.F.R. § l 64.5 12(e) . This Protective Order
also authorizes any agencies, departments, or offices of the United States of America (the
''United States") to produce information that otherwise would be prohibited from disclosure
under the Privacy Act without presenting Privacy Act objections to this Court for a decision
regarding disclosure, as permitted by 5 U.S.C. § 552a(b )(11 ).
D EFINITIONS

4.

" Confidential Information" means trade secrets, non-public financially sensitive

information, non-public commercially sensitive information, proprietary information,
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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 3 of 19

information subject to protection under the Pri vacy and Security Rules, including, but not limited
to, Protected Health Information ("PHI") as that tem1 is defined in the HIP AA Rules, or
information in which any non-party has a reasonable expectation of privacy and/or which is
protected from disclosure pursuant to any statutory, regulatory, or contractual protection.
"Confidential Information" includes any document or information supplied in any fo1111, or any
portion thereof, that identifies an individual in any manner and relates to the past, present, or
future care, services, or supplies relating to the physical or mental health or condition of such
individual, the provision of health care to such individual, or the past, present, or future payment
for the provision of health care to such individual. This info1111ation includes , but is not limited
to, prescriptions, prescription notes, prescription records, medical charts, test results, notes,
dictation , invoices, billing statements, remittance advice forms , explanations of benefits, checks,
notices , and requests. "Confidential lnfo1mation" also includes all notes, summaries, or oral
communications that specifically identify individual patients, and any individually identifiable
information maintained by any agency, department, or office of the United States that is
protected by the Privacy Act, 5 U.S.C. § 552a and/or 42 C.F.R. Part Sb.
5.

"Discovery Material," means any and all documents, information, and tangible

things exchanged or furni shed in the course of di scovery by the Parties or any other party th at is
a signatory to this Order and other persons or entities subject to discovery in the Action,
including deposition testimony and exhibits thereto, answers to inteITogatories, and responses to
other disco very requests and subpoenas.
6.

"Producing Pa1iy" or "Designating Party" means the Party or non-party producing

Discovery Material and/or designating Discovery Material as Confidential lnfonnation.

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7.

"Receiving Party" is a Party or non-party receiving or having access to Discovery

Material.
D ESIGNATION OF DISCOVERY MATERIAL AS CONFIDENTIAL INFORMATION

8.

A Producing Party has the right to designate as "Confidential Information" any

Discovery Material, or portion thereof, that the Producing Party believes in good faith to contain
Confidential Information.
9.

With respect to the Confidential portion of any Discovery Materials other than

deposition transcripts and exhibits, a Producing Party may designate such pottion as Confidential
Info1mation under this Protective Order by causing the words "SUBJECT TO PROTECTIVE
ORDER" to appear on the material in a manner that will not interfere with legibility or
audibility. A Producing Party may designate any magnetic or electronic media (e.g., videotape
or DVD) as Confidential Information by placing or affixing a label on such media marking it as
" Subject to Protective Order." Wherever practicable, Confidential Info1mation produced
electronically shall be formatted such that printed copies of any document(s) contained therein
shall print with a header or footer stating "SUBJECT TO PROTECTIVE ORDER."
10.

A Producing Party may designate portions of deposition transcripts, deposition

videos, or deposition exhibits as Confidential Information by making a statement to that effect
for inclusion in the deposition transcript at, or prior to, the conclusion of the deposition . Those
portions of a deposition transcript that are designated as Confidential Infonnation shall be
stamped "SUBJECT TO PROTECTIVE ORDER," and, if filed with the court, the filing party
shall follow the procedures described below in Paragraphs 19 and 20. Additionally, and
alternatively, any Producing Party may designate information disclosed at a deposition as
Confidential Information by notifying all counse l in writing within 21 calendar days of receipt of
the final deposition transcript of the specific pages and lines of the transcript that it wishes to
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designate as Confidential Information. All deposition transcripts shall be treated as Confidential
lnfornrntion during this interim 21-calendar-day period following receipt of the transcript to
allow counsel sufficient opportunity to make such designations. The use of specific portions of a
deposition transcript that are designated as Confidential Inforn1ation shall be governed by this
Order. However, nothing in this Order restricts the use of any portion of a deposition transcript
that has not been designated as Confidential Information.
11 .

In the event of a disclosure of any document or information designated as

Confidential Inforn1ation to a person not authorized to receive such a disclosure under this Order,
and in the event the party responsible for having made or allowed such disclosure becomes
aware of such disclosure, that party shall immediately infonn counsel for the Producing Party
whose document or infonnation designated as Confidential Information has thus been disclosed
of all relevant information concerning the nature and circumstances of such disclosure. The
party responsible for the unauthorized disclosure also shall take all reasonable measures
promptly to ensure that no further or greater unauthorized disclosure of the Confidential
Information occurs.
12.

Nothing in this Order will prevent any Party or non-party to whom Confidential

Tnforn1ation is disclosed pursuant to this Order from producing such Confidential Information in
response to a lawful subpoena or other compulsory process, or if required to produce by law or
by any government agency having jurisdiction, provided that such Party gives written notice to
the Producing Party as soon as reasonably possible, and if pennitted by the time allowed under
the request, at least five (5) business days before any disclosure . Upon receiving such notice, the
Producing Party will bear the burden to oppose compliance with the subpoena, other compulsory

5

Case 1:15-cv-04179-CM

Document 101 Filed 11/29/21 Page 6 of 19

process, or other legal notice if the Producing Party deems it appropriate to do so and no
disclosure may be made by the Receiving Party until such application for relief is decided .
13 .

Nothing in this Order will prevent or in any way limit the right or duty of the

United States to disclose to any agency or department of the United States or any State, or any
division of any such agency or department, any Confidential Infonnation relating to a potential
violation of law or regulation, or relating to any matter within that agency's or department's
jurisdiction, nor shall anything contained in this Order prevent or in any way limit the use of any
such Confidential Infonnation by any such agency or department in any proceeding relating to
any potential violation of law or regulation , or relating to any matter within that agency's or
department's jurisdiction.
14.

Nothing in this Order will prevent or in any way limit the right or duty of the

United States to provide any Confidential Information to the United States Congress pursuant to
a congressional request; provided, however, that the United States shall notify the congressional
entity requesting Confidential Information that the Confidential Information was produced
pursuant to this Order and the United States will , ifthere are no objections interposed by the
congressional entity requesting the Confidential lnfomrntion, use reasonable efforts to notify the
Producing Party of the congressional entity ' s request and the United States' response thereto in
advance of providing the Confidential Information .
15.

Disputes concerning the designation of Confidential Information shall be handled

as follows: counsel for the party challenging the propriety of a designation of Confidential
Information shall explain, in writing, to counsel for the Producing Party the specific nature of the
party's challenge to the designation of a speci fie document or portion of testimony as
Confidential Information. The challenging party and the Producing Party shall meet and confer

6

Case 1:15-cv-04179-CM

Document 101 Filed 11/29/21 Page 7 of 19

and make a good faith effort to resolve the dispute . [n the event that these parties are unable to
resolve the dispute, the Producing Party may apply to the Court for a detennination as to whether
it appropriately designated the Discovery Material at issue as Confidential Information . The
Producing Party bears the burden of persuading the Court that the Discovery Material at issue is
in fact Confidential Information within the definition of that term set forth above . If the
Producing Party files such an application with the Court, the Discovery Material at issue will be
treated as Confidential Information until the Court has rendered its determination.
DISCLOSURE OF INFORMATION DESIGNATED AS CONFIDENTIAL INFORMATION

16.

All Confidential Jnfo1mation designated as such by a Producing Party shall be

used by the Receiving Party for the sole purpose of conducting the litigation in the Action and
any appeals thereto and for no other purpose. Nothing contained in this Order, however, affects
the United States ' rights and duties described in paragraphs 13 and 14 of this Order.
17.

Unless otherwise ordered by the Court or pennitted in writing by the Designating

Party, Confidential Information, and any copies thereof and/or notes made therefrom, shall not
be disclosed to any person other than the following :
(a)

Judges, court reporters, court personnel , videographers, and special masters at
trial, hearings, arguments, depositions, mediations, or any judicial proceedings in
this Action ;

(b)

counsel for the Parties, including the outside and in-house counsel of the Parties,
and the attorneys, secretaries, paralegals, assistants, and other employees in the
same firm/company of such counsel, in all cases only to the extent reasonably
necessary to render professional services in the Action ;

(c)

the Parties (which includes all agencies, departments, or offices of the United
States) and their officers, directors, employees and former employees who are not
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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 8 of 19

attorneys or working as attorneys, but only to the extent such employees or former
employees reasonably require access to the Confidential Information for the sole
purpose of assisting in the litigation of the Action;
(d)

messenger, copy, and other clerical services vendors not employed by a Party or
its counsel ofrecord, only to the extent reasonably necessary to assist the Parties
and counsel of record for the Parties in rendering professional services in the
Action;

(e)

third-party contractors retained for the purpose of organizing, filing, coding,
converting, storing, or retrieving Discovery Material or maintaining database
programs for handling Discovery Material for the Action;

(f)

professional vendors retained for purposes of litigation support, including legal
interpreters, document reproduction services, computer imaging services,
demonstrative exhibit services, contract attorneys for purposes of document
review, or outside document review vendors;

(g)

experts , consultants, and other contractors retained to assist counsel in the
litigation of the Action, including their assistants, and stenographic, secretarial, or
clerical personnel , provided that the Receiving Party shall notify the Designating
Party at least ten ( 10) days prior to disclosure pursuant to this Paragraph to a
person who is known to be an employee of any competitor of the party whose
Confidential Information is sought to be disclosed. Such notice shall provide a
reasonable description of the outside independent person to whom disclosure is
sought sufficient to permit objection to be made. If the Designating Party objects
to the disclosure (for reasons other than challenging the qualifications of the

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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 9 of 19

expert or consultant), it must serve on the Receiving Party proposing to make the
disclosure a written objection within ten (10) days after service of the notice . Any
resu lting dispute shall be resolved by a ruling on the issue from the Court;
(h)

Any person who is an author or recipient of the Confidential Information to be
disclosed or who has prior knowledge of the specific document containing the
Confidential Information to be disclosed or the subject matter referenced in the
Confidential Information to be disclosed;

(i)

Deponents and their counsel, who shall be provided a copy of this Order if
subpoenaed or noticed to appear for a deposition in the Action and shall be
subject to its tenns with respect to any Confidential Infonnation shown them
before or during the deposition ;

(j)

Any mediators or settlement officers. mutually agreed upon by the Parties
engaged in settlement discussions, and their staff members working on the
Action;

(k)

Any persons reta ined by a Receiving Party to serve on a "mock jury" or in a
similar position; and

(I)

Such persons as outside counsel of record for all Parties shall consent to in writing
or on the record prior to the proposed disclosure.
SIGNING EXHIBIT A

18.

Before disclosing Confidential Information to any person listed in paragraphs

17 (g), the party proposing such disclosure must provide a copy of this Order to such person , who
must sign the attached Exhibit A . That party must retain a signed copy on file for inspection by
the Court.

9

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 10 of 19

USE OF CONFIDENTIAL INFORMATION IN COURT FILINGS

19.

Before any party may file with the Court any pleadings, motions, or other papers

disclosing infonnation designated as Confidential Infonnation by a Producing Party, such filing
party shall make an application to the Court requesting that the papers disclosing information
designated confidential be filed with redactions and under seal for a period of fourteen ( 14) days
during which time the Producing Party may file a motion to seal such infom1ation. After the
filing party has made such an application, counsel for the Producing Party shall confer with the
Parties and make a good faith effort to nanow the number and scope of any documents that
would be filed under seal. In the event that the relevant Producing Party is not a Party, the filing
party shall serve a copy of its application on the Producing Party on the same day that it files
such application with the Court.
INADVERTENT FAILURE TO DES IGNATE DISCOVERY MATERIAL AS CONFID ENTIAL
INFO RMATION

20.

Production of any documents, testimony, or infom1ation in the Action without a

designation of Confidential Information following the procedures described above shall not, in
and of itself, be deemed a waiver of any party's claim that the infomrntion constitutes
Confidential Information if, after discovering such failure to so designate, the Producing Party
promptly sends a written notice to counsel for all other Parties and designates the previously
produced documents, testimony or infonnation as Confidential Information. Upon receipt of
such notice, the Receiving Party shall thereafter treat the documents, testimony or infom1ation as
if they had been designated Confidential Information upon initial production.

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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 11 of 19

INADVERTENT D ISCLOSURE OF P RIVILEGED INFORMATION

21 .

Inadvertent disclosure of information or documents subject to a claim of privi lege

or work product protection shall be governed by Federal Rule of Civil Procedure 26(b)(5)(B) and
Federal Rule of Evidence 502, as modified by paragraphs 22 and 23 below.
22.

The production or disclosure of any information (including documents) in the

Action that a Party or non-party later claims should not have been produced due to a pri vilege or
protection from discovery-including, but not limited to, any attorney client privilege, work
product protection, joint defense privilege, settlement negotiation privilege, or de liberative
process privilege 1-shall not constitute a waiver ot: or estoppel as to, any such privilege or
protection, regardless of whether reasonable steps were taken to prevent such inadvertent
disclosure. A Producing Party may request the return or destruction of such infom1ation, which
request shall identify the information and the basis for requesting its return, and the timeliness of
such a request will be governed by Federal Rule of Evidence 502(b). If a Party receives
infonnation that it believes may be subject to a claim of privilege or protection from discovery,
the Receiving Party shall promptly identify the information to the Producing Party.
23 .

When a Producing Party or Recei ving Party identifies privileged or protected

information that was inadvertently disclosed, the Receiving Party: (1) shall not use, and shall
immediately cease any prior use of, such information; (2) shall take reasonable steps to retrieve
the inforn1ation from others to whom the party disclosed the information; (3) shall, within five
(5) business days of the Producing Party ' s request, return to the Producing Party or destroy the
information and destroy all copies thereof; and (4) shall confirm to the Producing Party the

1

The listing of these privileges is without prejudice to any party's argument that such privilege
should not be recognized, either in general or as applied to specific documents in this case.
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Case 1:15-cv-04179-CM Document 101 Fi led 11/29/21 Page 12 of 19

destruction , under (3) above, of all copies of the information not returned to the Producing Party.
No pmiy shall use the fact or circumstances of production of the info1mation in the Action to
argue that any privilege or protection has been waived. Within thirty (30) days after a Producing
Party or Receiving Party identifies the information, and not after that time period has elapsed, the
Receiving Party may file a motion to compel the production of the inadvertently disc losed
information on the basis that: (a) the infonnation was never privileged or protected from
disclosure; or (b) any applicabl e privilege or protection has been waived by some act other than
the inadvertent disclosure of the information in the Action . The Producing Party and the
Receiving Party shall meet and confer in accordance with applicable law or Court ru les regarding
any such motion to compel.
D ESIGNATED INFO RMATION P RO DUCED BY A NON- PA RTY

24.

Any non-party who may be called upon in the Action to produce documents,

provide deposition or other testimony pursuant to a subpoena, or respond to other discovery
requests is entitled to avail itself of the provisions and protections of this Order. All material
designated by the non-party as Confidential Information will be treated in the same manner as
any Confidential Information produced by the Parties.
GENERAL PROVISIONS

25 .

Nothing in this Order shall preclude the Parties or any non-party from using or

disclosing their own documents or infonnation consistent with applicable laws or regulations.
26.

The designation, or lack of designation, of information as Confidential

Infonnation shall be of no evidentiary effect in this Action. Nothing in this Protective Order
shall preclude a Producing Party from objecting to the admissibility on any grounds of any
Disco very Material produced in this Action.

12

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 13 of 19

27.

Nothing in this Order shall be deemed to preclude the Paiiies or any non-party

from seeking or obtaining from the Court, on an appropriate showing, additional protections with
respect to the confidentiality of documents or other Discovery Material, or from seeking or
obtaining from the Court leave to disclose documents or other Discovery Material beyond the
tenns of this Order.
28 .

This Court shall retain jurisdiction over all persons subject to this Order to the

extent necessary to enforce any obligations arising hereunder or to impose sanctions for any
contempt thereof.
29.

This Order shall survive the termination of the litigation . Within 60 days of the

final disposition of the Action, including all appeals, whether by settlement, final judgment,
denial of final appeal, or other termination of the Action, a Producing Party may request that all
Di scovery Material designated as Confidential Information, and all copies thereof, shall be
promptly returned to that Producing Party, or, upon permi ssion of the Producing Party,
destroyed . Whether the Confidential Information is returned or destroyed, within 30 days of the
request to return or destroy, the Receiving Party must submit a written certification to the
Producing Party that affirn1s that the Receiving Party has returned or destroyed all the
Confidential Information and affirn1s that the Receiving Party has not retained any copies,
abstracts, compilations, summaries or any other fornrnt reproducing or capturing any of the
Confidential Information. Notwithstanding this provision, each Party and counsel for each Party
are entitled to retain an archival copy of all pleadings, motion papers, trial , deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
reports, attorney work product, and consultant and expert work product, even if such materials

13

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 14 of 19

contain Confidential Information . Any such archival copies that contain or constitute
Confidential Information remain subject to this Protective Order.
30.

The Parties may seek to modify this Order upon motion made to the Court.

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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 15 of 19

THE PARTIES REPRESENT THAT THE FOLLOWING ADDENDUM IS
ACCEPTABLE TO THE PARTIES AND IS DEEMED IN CORPORA TED INTO THE
PARTIES' STIPULATION AND PROPOSED PROTECTIVE ORDER GOVERNING
THE DISCLOSURE OF CONFIDENTIAL INFORMATION
1.

The Pa1iies understand that the Court's "so ordering" of this stipulation does not

make the Court a party to the stipulation or imply that the Court agrees that documents
designated as "Confidential" by the Parties are in fact confidential.
2.

It has been this Comi's consistent experience that confidentiality stipulations are

abused by parties and that much material that is not truly confidential is designated as such . The
Court does not intend to be a party to such practices. The Court operates under a presumption
that the entire record should be publicly available .
3.

The Court does not ordinarily file decisions under seal or redact material from

them, if the Court issues a decision in this case that refers to "confidential" information under
this stipulation, the decision will not be published for ten days. The parties must, within that ten
day period, identify to the court any portion of the decision that one or more of them believe
should be redacted, provide the court with the purportedly confidential information, and explain
why that infonnation is truly confidential. The Court will then determine whether the
information is in fact genuinely deserving of confidential treatment. The Court will only redact
portions of a publicly available decision if it concludes that the information discussed is in fact
deserving of such treatment. The Court's deci sion in this regard is final.
4.

If this addendum is acceptable to the parties, the Court will sign their proposed

confidentiality stipulation, subject to the addendum. If this addendum is not acceptable, the
Court will not sign the stipulation, and should allegedly confidential information be produced,
the parties will be refened to the magistrate judge for a document by document review and
decision on whether that document should be subject to confidential treatment.
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Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 16 of 19

DAMIAN WILLIAMS

By~·~~?JS..-1~~~~~Enu Mair · i (pro hac vice
Holly Conley (pro hac vice)

United States Attorney for the Southern
District of New York

Benjamin Hazelwood (Bar No. 5001508)

WILLIAMS & CONNOLLY LLP
725 Twelfth Street, NW
Washit1gton, DC 20005

By:~--+--+--./-+-------

MONJGA P ·OLCH
JENNI
JUDE

T: [phone]; F: [phone]
[e-mail]
[e-mail]
[e-mail]

SAMUEL DOLINGER
LUCAS ISSACHAROFF
Assistant United States Attorneys
86 Chambers Street, 3rd Floor
New York, New York 10007
Tel. [phone]

For Matters in New York:

WILLIAMS & CONNOLLY LLP
650 Fifth Avenue
Suite 1500
New York, NY 10019

By :~--j/.L,<~'-/HC::..:.......,L../-..J...L<..£J..,C.

Douglas P Dehler (pro hac vice)
Laura J. Uavey (pro hac vice)
John R. Schreiber (pro hac vice)
O'NeH, Cannon, Hollman, DeJong & Laing S.C.
111 East Wisconsin Avenue, Suite 1400
Milwaukee, Wisconsin 53202-4870
Phone: [phone]
Fax: [phone]

Doug. [e-mail]
[e-mail]
[e-mail]

MAHANY LAW
Brian H. Mahany (pro hac vice)

Tim Gran.itz (pro hac vice)
8112 W. Bluemound, Suite 101
Milwaukee, WI 53213
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Relator
16

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 17 of 19

I/)1

,

sod

DATED :!
2021
New York, New York

)

.

Ii I
,, u~
HON . COLLEEN MCMAHON
UNITED ST A TES DISTRICT JUDGE

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Case 1:15-cv-04179-CM

Document 101 Filed 11/29/21 Page 18 of 19

UNITED ST A TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
CALIFORNIA, COLORADO,
CONNECTICUT, DELA WARE, FLORIDA,
GEORGIA , HA WAIT, ILLINOIS, INDIANA ,
IOWA, LOUISIANA , MASSACHUSETTS ,
MICHIGAN, MINNESOTA , MONT ANA,
NEVADA, NEW JERSEY, NEW MEXICO,
NEW YORK, NORTH CAROLINA,
OKLAHOMA, RHODE ISLAND,
TENNESSEE, TEXAS, VERMONT,
VIRGINIA, WASHINGTON, WISCONSIN,
and the DISTRICT OF COLUMBIA
ex rel. URI BASSAN,
Plaintiffs,
V.

OMNICARE, INC. ,
Defendant.

Case No . 15-CV-4179 (CM)

UNITED STA TES OF AMERICA ,
Plaintiff,
V.

OMNICARE, INC. and CVS HEALTH CORP.,
Defendants.

EXHIBIT A

I,

[name],

of
[business or home address] ,

hereby certify that l have read the Protective Order entered into in the above-captioned case on
_ _ _ _ _ _ _ _ _ _ _ [date]. I agree to be bound by the te1ms of that Order and
18

Case 1:15-cv-04179-CM Document 101 Filed 11/29/21 Page 19 of 19

comply with those terms. I hereby consent to be subject to the personal jurisdiction of the United
States District Court for the Southern District of New York with respect to any proceedings related
to the enforcement of that Order, including any proceeding related to contempt for noncompliance
with that Order.
Date:

------------

[Signature]

19