Mason et al v. Health Management Associates, Inc. et al

Filing 128

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 2/21/20. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-472-KDB-DSC
THOMAS L. MASON, M.D., STEVEN
G. FOLSTAD, M.D., and MIDATLANTIC EMERGENCY MEDICAL
ASSOCIATES, PLLC,
Plaintiffs,
v.
HEALTH MANAGEMENT
ASSOCIATES, INC., MOORESVILLE
HOSPITAL MANAGEMENT
ASSOCIATES, LLC, d/b/a LAKE
NORMAN REGIONAL MEDICAL
CENTER, STATESVILLE HMA, LLC,
d/b/a DAVIS REGIONAL MEDICAL
CENTER, EMERGENCY MEDICAL
SERVICES CORPORATION,
EMCARE, INC., EMCARE
HOLDINGS, INC., and EMERGENCY
MEDICAL SERVICES, L.P.,
Defendants.

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CONSENT PROTECTIVE ORDER

This matter comes before the Court on the above parties’ (each a “Party” and together, the
“Parties”) joint motion for entry of this consent protective order (the “Consent Protective
Order”). Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY
ORDERED that the following principles and procedures designed to assure the protection of
proprietary and confidential information shall govern any and all discovery in this action:
Definitions
The following initially capitalized terms as used in this Consent Protective Order shall have
the meanings ascribed to them below:

Page 1 of 19

1.

“Confidential” means any type or classification of Discovery Material which is

designated as confidential by any Designating Party in the manner specified below in the good
faith belief that such Discovery Material constitutes or contains:
(a)
Personnel files, documents, or information for persons who are not current
or former officers, directors, or employees of any Party; or
(b)

Personal identification information, such as social security numbers; or

(c)
Discovery Material that can reasonably be construed to contain protected
health information as defined by the provisions of the Health Insurance Portability and
Accountability Act, Pub. L. No. 104-101, 110 Stat 1936 (1996) or its accompanying
regulations; or
(d)
Discovery Material that a Party determines in good faith contains
confidential or proprietary personal or business information, or Trade Secrets.
Confidential Discovery Materials may be furnished by or on behalf of any Party or Producing
Party in connection with this action.
2.

“Designating Party” means any Party or Producing Party who designates any

Discovery Material as Confidential or Highly Confidential pursuant hereto. Any Party may
designate any Discovery Material as Confidential or Highly Confidential pursuant to the terms
hereunder. Any Producing Party may designate Discovery Material produced, given, or shared by
the Producing Party as Confidential or Highly Confidential pursuant to the terms hereunder.
3.

“Discovery Material” means information, whether hard copy, electronic or

otherwise, within the scope of Rule 26 of the Federal Rules of Civil Procedure including, but not
limited to, the following:
(a)
(b)
documents;

Written discovery responses;
Documents produced in response to any request for production of

(c)

Documents produced in response to any subpoena;

(d)

Deposition testimony;
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(e)
(f)
26(a)(2);

Disclosures served pursuant to Fed. R. Civ. P. 26(a)(1);
Disclosures, including expert reports, served pursuant to Fed. R. Civ. P.

(g)

Documents exchanged pursuant to the Court’s March 26, 2019 Order;

(h)

Any informal discovery; and

(i)
Any other information or materials exchanged or obtained through the use
of the discovery procedures in Fed. R. Civ. P. 26–37, 45.
4.

“Highly Confidential” means Confidential Discovery Material which is

designated as highly confidential by any Designating Party in the manner specified below in the
good faith belief that such Discovery Material constitutes or contains:
(a)
Privileged information which the Parties and Producing Party agree will not
constitute a waiver of any privilege or other immunity at trial; or
(b)
Information that is highly likely to irreparably compromise or threaten
business or financial interests of the Producing Party if disclosed to any person or Party
other than counsel of record.
The Parties agree that properly designated Highly Confidential Discovery Material is deserving of
increased protection under this Consent Protective Order, including greater restrictions on its
disclosure. Highly Confidential Discovery Material may be furnished by or on behalf of any Party
or Producing Party in connection with this action.
5.

“Producing Party” means any person or entity, whether or not a Party, who is

bound by the terms of this Consent Protective Order, and who produces, gives or shares Discovery
Material in this action.
6.

“Receiving Party” means any person or entity, whether or not a Party, who is

bound by the terms of this Consent Protective Order, and who receives Discovery Material in this
action.

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7.

“Trade Secrets” mean all tangible and intangible information that meets the

definition of “trade secrets” under the North Carolina Trade Secrets Act, N.C. Gen. Stat. §§66-152
through 66-157. Such designation by the Designating Party does not mean that the Receiving Party
agrees that the information meets the statutory definition of a Trade Secret.
Designation of Confidential or Highly Confidential Discovery Materials
8.

The Designating Party shall have the right to use its discretion in designating

Discovery Material as Confidential or Highly Confidential. However, each Designating Party shall
be obligated to designate only Discovery Material which it believes in good faith meets the
applicable definitions.
9.

Any Designating Party may designate Discovery Material and copies thereof as

Confidential by marking any Confidential pages with the words “Confidential (WDNC)”. Any
Designating Party may designate Discovery Material and copies thereof as Highly Confidential by
marking any Highly Confidential pages with the words “Highly Confidential (WDNC) –
Attorneys Eyes Only”. In lieu of placing these legends on the originals of documents, the
Designating Party may place the legends on the copies that are produced. Any legend placed on
Discovery Material and copies thereof shall not obfuscate or obliterate the content of the Discovery
Material in any respect. When producing a multi-page document, all of which is contended to be
Confidential or Highly Confidential, a Designating Party may mark each page with the legend, or
may designate the entire document as such by marking the initial page with the appropriate legend
followed by the Bates numbers of the pages so designated. Pursuant to the Court’s March 26,
2019 Order, the Defendants may produce in this action documents that were previously provided
to the United States Department of Justice (“USDOJ”) in response to subpoenas. Any
confidentiality designations made in productions to the USDOJ shall not apply to this action.
However, nothing in this paragraph shall prohibit any of the Defendants from designating such
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documents as Confidential or Highly Confidential pursuant to the terms of this Consent Protective
Order.
10.

Affidavits, witness statements, deposition testimony or hearing testimony of any

Producing Party or of one of its present or former officers, directors, employees or agents may be
designated by any Designating Party as Confidential or Highly Confidential by indicating on the
transcript, affidavit, or on the record at the deposition or hearing that the statement or testimony
contains Confidential or Highly Confidential Discovery Materials and is subject to the provisions
of this Consent Protective Order. Alternatively, any Designating Party may designate deposition
or hearing testimony as Confidential or Highly Confidential Discovery Materials by notifying all
Parties in writing, within ten business days of receipt of the transcript, of the specific pages and
lines of the transcript which are being designated Confidential or Highly Confidential. Disclosure
of deposition or hearing transcripts shall be limited to those persons to whom Confidential
Discovery Materials may be disclosed under this Consent Protective Order for a period of ten
business days after a final and complete transcript of the deposition or hearing is available, in order
to permit the designations referenced above, or for such other time as the Parties may agree in
writing or the Court may order.
11.

Discovery Material made available for inspection automatically shall be treated as

Confidential during inspection. All Discovery Material obtained as a result of inspection, whether
recorded by the inspecting party mentally, in tangible form (i.e., written notes, photocopies, audio
recordings, photographs), or otherwise, shall be treated as Confidential, until the Producing Party
delivers production copies, at which time the confidentiality designations marked on the
production copies shall control. Any Discovery Material that the reviewing party has elected not
to have copied shall continue to be treated as Confidential Discovery Material.

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12.

Discovery Material disclosed in answers to interrogatories may be designated as

Confidential or Highly Confidential by the answering party by indicating in the answer the
particular Discovery Material disclosed therein which is Confidential or Highly Confidential and
subject to the provisions of this Consent Protective Order.
13.

All designations of Discovery Materials as Confidential or Highly Confidential

hereunder are provisional and without prejudice to the right of any Party to contend that the
materials in question are either not entitled to protection or are entitled to greater or lesser
protection than designated under the terms of this Consent Protective Order. If any Party disagrees
with the designation of any Discovery Materials as Confidential or Highly Confidential, counsel
shall attempt to resolve the disagreement on an informal basis. If it is necessary to present the
dispute to the Court for resolution, it shall be up to the Party seeking to change the designation or
protection to move the Court for an order compelling the disclosure without restriction or with
greater or lesser restriction and such moving Party shall have the burden of persuasion that change
of the designation of the Discovery Material is proper. Pending ruling from the Court, the material
in question shall continue to be treated by all Parties in accordance with its designation by the
Designating Party.
Nondisclosure of Confidential or Highly Confidential Discovery Materials
14.

Confidential and Highly Confidential Discovery Materials shall not be disclosed to

any person except those to whom disclosure is permitted by this Consent Protective Order. No
person to whom Confidential or Highly Confidential Discovery Materials is disclosed shall
disclose such Discovery Materials to any person to whom disclosure is not authorized by the terms
of this Consent Protective Order, nor shall any disclosure of such Discovery Materials be made
except for a purpose permitted by this Consent Protective Order. All Confidential or Highly
Confidential Discovery Materials produced or exchanged in the course of this action shall be used
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solely for the purpose of this action, unless otherwise agreed in writing, or ordered by this court;
provided, however, no Party shall be precluded from using knowledge of the existence of
Discovery Materials designated Confidential or Highly Confidential under this Consent Protective
Order for the purpose of conducting discovery or formulating discovery requests in other litigation
between Parties to this action or their affiliates.
15.

Discovery Materials designated as Highly Confidential shall not be given, shown,

made available, discussed or otherwise communicated to anyone other than:
a. Attorneys of record and employees of attorneys of record who have a direct
functional responsibility for the proceedings in this action; and
b. Experts, consultants, and other persons retained to assist in the preparation of
this action after executing the non-disclosure declaration in the form attached
hereto as Exhibit A; and
c. The Court, its staff, and the jury; and
d. Any other person upon: (i) order of the Court, entered after notice to the
Parties; or (ii) written agreement of, or statement on the record by, the
Producing Party consenting to disclosure.
16.

Discovery Materials designated as Confidential shall not be given, shown, made

available, discussed, or otherwise communicated to anyone other than:
(a)
persons to whom Highly Confidential Discovery Materials may be
disclosed; and
(b)
Parties and their officers, directors, contractors, owners, employees, agents,
or other persons, who might testify on any Party’s behalf or who are aiding a Party in the
prosecution or defense of this action after executing the non-disclosure declaration in the
form attached hereto as Exhibit A; and
(c)

any actual or intended recipient of the Discovery Materials; and

(d)
Any person who has already had access to the Discovery Materials in
question before the entry of this Consent Protective Order; and
(e)
Any person regularly employed by, and working under the supervision of,
counsel of record for the Parties, including persons providing outside copying, graphic

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design, and computer services for them under contract, who have a need to use the
Discovery Materials to perform their duties in connection with this action; and
(f)
Court reporters, stenographers, and videographers called upon to record or
transcribe deposition testimony or other testimony in this case; and
(g)
Any mediator who is engaged to assist the Parties in settlement negotiations
after executing the non-disclosure declaration in the form attached hereto as Exhibit A; and
(h)
Witnesses, to the extent necessary, during interviews conducted for the
purpose of prosecution or defense of this action, during the preparation of their deposition
or trial testimony, during their depositions, or at any hearing or trial.
17.

If one Party desires to disclose Confidential or Highly Confidential Discovery

Materials to a person to whom disclosure is not permitted by Paragraphs 15–16 of this Consent
Protective Order, the Party desiring disclosure must provide reasonable notice to the Designating
Party of its desire and identify the documents it wishes to disclose. The Designating Party shall
have five business days to respond to the notice and, if the Parties are unable to agree, the matter
may be referred to the Court for resolution. The burden shall be upon the Party desiring to disclose
the Discovery Materials designated as Confidential or Highly Confidential to establish that such
designation is inappropriate.
18.

A copy of a non-disclosure declaration substantially in the form attached hereto as

Exhibit A shall be signed by all persons designated pursuant to Paragraph 17 prior to disclosure of
Confidential or Highly Confidential Discovery Materials to any such person. Such signed
declaration shall be maintained by the outside counsel of record in this action for the Party that
discloses to any such person Discovery Materials that another Party has designated as Confidential
or Highly Confidential. The signed non-disclosure declaration shall be produced to all counsel of
record in this action prior to such person being permitted to testify (at deposition or trial). Copies
of the non-disclosure declarations shall not be disclosed except with written consent of the attorney
maintaining them or upon written order of the Court issued after a hearing and good cause shown.

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Should any of the above persons refuse to sign the non-disclosure declaration, then they shall not
be allowed to view the Discovery Materials designated as Confidential or Highly Confidential
outside of an office of counsel of record or at the deposition, hearing, or trial.
19.

Nothing in this Consent Protective Order makes discoverable the identity, opinion,

or work product of any consulting expert or expert witness. Discovery of information relating to
consulting experts or expert witnesses shall be governed by the Federal Rules of Civil Procedure.
20.

The terms of this Consent Protective Order shall also apply to the sections within

any notes, summaries, abstracts or analyses prepared by counsel, expert witnesses, or consulting
experts who have access to Confidential or Highly Confidential Discovery Material and which
reflect any underlying Confidential or Highly Confidential information, observations, or
conclusions drawn therefrom. The terms of this paragraph shall only apply to the specific sections
of the notes, summaries, abstracts or analyses so designated. If the nature of the Discovery
Material intended to be protected under this Consent Protective Order makes it undesirable,
difficult, or impossible to physically mark the Discovery Material as Highly Confidential or
Confidential, the Designating Party may invoke the protections of this Consent Protective Order
by including a writing with such Discovery Material indicating the designation and specifically
identifying what portions of the produced Discovery Material are so designated.
Discovery Materials Filed with the Court
21.

Any Highly Confidential or Confidential Discovery Material which is filed with the

Court shall be electronically and provisionally filed under seal and shall be accompanied by a
motion to seal pursuant to LCvR 6.1. Any party may oppose sealing by responding to the Motion
to Seal in accordance with LCvR 7.1.
22.

Should a Party file a written opposition to a motion to seal Highly Confidential or

Confidential Discovery Materials, the Designating Party bears the burden to show cause for
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maintaining the seal under applicable standards and if the Designating Party cannot meet its burden
and the Court so finds, the seal shall be lifted.
23.

Highly Confidential or Confidential Discovery Materials may be offered into

evidence at trial or any hearing or oral argument; provided, that the Party seeking to introduce such
Discovery Materials gives at least five days advance notice to the Court and counsel for the Parties
and counsel for the Designating Party, if not a Party. Any Party or Designating Party may move
the Court for an order that the evidence be received in camera or under other conditions to prevent
unnecessary disclosure, including without limitation removal from the courtroom of persons not
authorized by this Consent Protective Order to receive the Discovery Materials. If presented at
trial before a jury, the status of the evidence as Highly Confidential or Confidential Discovery
Materials shall not be disclosed to the jury. However, in hearings or during trial, post-trial, or any
appeal, any Party may use any Discovery Materials designated as Confidential or Highly
Confidential, or anything derived or compiled therefrom, and may freely quote from same without
regard to this Consent Protective Order if the Party in good faith believes it is necessary.
General Conditions
24.

No Party shall be obligated to challenge the propriety of any designation of

Confidential or Highly Confidential Discovery Materials and a failure to do so shall not preclude
a subsequent challenge to the propriety of such designation.
25.

Nothing shall prevent general disclosure beyond the terms of this Consent

Protective Order if the Designating Party consents to such disclosure in writing in advance.
26.

Discovery Materials unintentionally produced without being designated as

Confidential or Highly Confidential may be subsequently so designated in the manner provided
by this Consent Protective Order. If a claim of inadvertent failure to designate is made pursuant
to this paragraph, the Receiving Party shall, within three business days of receiving written notice
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of the inadvertent failure to designate, promptly retrieve the document and any copies or material
derived therefrom, place the appropriate designation on the document as requested by the
Designating Party, and certify in writing to the Designating Party that it has done so. The
provisions of this Consent Protective Order shall govern any document inadvertently not
designated Confidential or Highly Confidential from the date notice of inadvertent failure to
designate is received. The Receiving Party may move the Court for an order that the designation
is unwarranted, but said motion shall not assert as a ground for entering such an order the fact or
circumstance of the inadvertent failure to designate.
27.

If Discovery Materials subject to a claim of attorney-client privilege, attorney work

product or any other ground upon which production of such Discovery Materials should not be
made to any Party is nevertheless inadvertently produced to such Party, such production shall in
no way prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of privilege,
work product or other ground for withholding production to which the Producing Party would
otherwise be entitled. If a claim of inadvertent production is made pursuant to this paragraph, with
respect to Discovery Materials then in the custody of another Party, such Party shall promptly
return to the Producing Party that material, as well as any copies thereof, or any material derived
therefrom, as to which the claim of inadvertent production has been made, and the Receiving Party
shall not use such Discovery Materials for any purpose until further order of the Court. The
Receiving Party returning such material may then move the Court for an order compelling
production of the material, but said motion shall not assert as a ground for entering such an order
the fact or circumstance of the inadvertent production. Nothing in this paragraph is intended to
alter or limit the provisions of Fed. R. Civ. P. 26(b)(5)(B).

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28.

Each of the Parties hereto shall be entitled to seek modification of this Consent

Protective Order for good cause shown by application to the Court on notice to the other Parties
hereto.
29.

Entering into this Consent Protective Order, agreeing to produce, producing, or

receiving Discovery Material designated Confidential or Highly Confidential, or otherwise
complying with the terms of this Consent Protective Order shall not:
(a)
operate as an admission by any Party that any particular Discovery Material
contains or reflects Trade Secrets or any other type of confidential information; or
(b)
prejudice in any way the rights of any Party to object to the production of
documents they consider not subject to discovery, or operate as an admission by any Party
that the restrictions and procedures set forth herein constitute adequate protection for any
particular Discovery Materials deemed by any Party to be Confidential or Highly
Confidential; or
(c)
prejudice in any way the rights of any Party to object to the authenticity or
admissibility into evidence of any document, testimony or other evidence subject to this
Consent Protective Order; or
(d)
prejudice in any way the rights of any Party to seek a determination by the
Court whether any Discovery Material should be subject to the terms of this Consent
Protective Order; or
(e)
prevent the Parties to this Consent Protective Order from agreeing to alter
or waive the provisions or protections provided for herein with respect to any particular
Discovery Material.
30.

This Consent Protective Order has no effect upon, and shall not apply to, a Party’s

use or disclosure of its own Discovery Material for any purpose. Nothing contained in this Consent
Protective Order shall prevent a Producing Party from disclosing Discovery Material to officers,
directors or employees of, or to experts, consultants, or witnesses for, the Producing Party that
produced the Discovery Material.
31.

Upon execution of this Consent Protective Order, the Parties agree to be bound by

its terms pending approval of the same by the Court, and any violation of its terms shall be subject

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to the same sanctions and penalties, as if this Consent Protective Order had been entered by the
Court without consent.
32.

If any Receiving Party is subpoenaed in another action or proceeding or served with

a document demand, and such subpoena or document demand seeks Discovery Material which has
been designated as Confidential or Highly Confidential in this action by someone other than the
Receiving Party, the Receiving Party shall: (i) give prompt written notice by hand, electronic, or
facsimile transmission within three business days of receipt of such subpoena or document
demand, to the Designating Party who designated the Discovery Material Confidential or Highly
Confidential; and (ii) at the expense of the Designating Party, object to the production of such
designated Discovery Material on the grounds of the existence of this Consent Protective Order.
The burden of opposing the enforcement of the subpoena or document demand shall fall upon the
Designating Party who designated the Discovery Material, who may serve its own objections to
the subpoena or document demand and who will be given adequate opportunity to be heard on any
objections to it. To the extent permitted by law, unless and until a court of competent jurisdiction
overrules the objections made and orders production of the Discovery Material or any document
containing the information derived from Confidential or Highly Confidential Discovery Material,
the Receiving Party, shall not produce any Discovery Materials designated Confidential or Highly
Confidential or any information derived from such designated Discovery Materials. Compliance
by the Receiving Party with any order directing production pursuant to the subpoena of any
designated Discovery Material shall not constitute a violation of this Consent Protective Order.
33.

Nothing herein shall prevent any counsel of record from using Confidential or

Highly Confidential Discovery Materials in the examination or cross-examination of any person

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who is indicated on the document as being an author, source or recipient of the Confidential or
Highly Confidential Discovery Materials, irrespective of who produced such Discovery Materials.
34.

Counsel may exclude from the room during a deposition, hearing or other

proceeding at which Confidential or Highly Confidential Discovery Material likely will be
disclosed, any person (other than the witness who is then testifying) who is not entitled under this
Consent Protective Order to receive or review such Discovery Material. Nothing herein shall
prevent any counsel of record from using Confidential Discovery Materials in the deposition of
any Party representative or third party.
35.

No Discovery Materials shall be designated as Confidential or Highly Confidential

if the Receiving Party can show by clear and convincing evidence that the Discovery Materials:
(a)

are already in the public domain at the time of disclosure; or

(b)
become part of the public domain at any time so long as the Discovery
Material did not enter the public domain as a result of a violation of this Consent Protective
Order, breach of any duty or agreement, or other wrongful act; or
(c)
were in its rightful and lawful possession at the time of disclosure without
otherwise being subject to this Consent Protective Order, being a breach of any duty or
agreement, or being any other wrongful act; or
(d)
were lawfully received at a later date from a third party without restriction
as to disclosure; provided, such third party has the right to make the disclosure to the
Receiving Party without otherwise being subject to this Consent Protective Order, breach
of any duty or agreement, or other wrongful act; or
(e)
were within the personal knowledge of the Receiving Party before receiving
the Discovery Materials from the Producing Party in discovery in this action and that the
Discovery Materials are not a Trade Secret; provided, however, that any physical
manifestation of Discovery Materials provided by the Producing Party including, but not
limited to, documents, electronic files, and electronic media will remain Confidential or
Highly Confidential, as applicable.
36.

Upon the completion of this action and any proceedings in this matter including

appeals, counsel of record for the Parties in this action shall collect all Confidential and Highly
Confidential Discovery Materials, which shall be treated, respectively, as follows: (a) all

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documents filed under seal with the Court shall remain under seal or returned to the Producing
Party; (b) counsel may retain their copies of court filings, attorney work product containing or
referencing Confidential or Highly Confidential Discovery Materials, and attorney work product
reflecting another entity’s Confidential or Highly Confidential Discovery Materials, subject to the
terms of this Consent Protective Order; and (c) all other Confidential and Highly Confidential
Discovery Materials shall be collected by counsel and destroyed, with written notice of destruction
provided to counsel for the Producing Party.
37.

The ultimate disposition of the protected materials is subject to final order of the

court on the completion of this action after the Parties have exhausted all appeals.
38.

The prohibitions of this Consent Protective Order which restrict the disclosure and

use of Confidential or Highly Confidential Discovery Materials shall continue to be binding after
the conclusion of this action and this court shall retain jurisdiction to enforce the terms of this
Consent Protective Order.
39.

This Consent Protective Order shall not abrogate or diminish any contractual,

statutory or other legal obligation or right of any Party or person with respect to Confidential or
Highly Confidential Discovery Materials, including any obligation or right in any other legal
proceeding.
SO ORDERED.
Signed: February 21, 2020

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EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:10-CV-00472-KDB-DSC
Thomas L. Mason, M.D.,
Steven G. Folstad, M.D., and
Mid-Atlantic Emergency Medical Associates,
PLLC,

)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
Community Health Systems, Inc.;
)
Health Management Associates, LLC, f/k/a
)
Health Management Associates, Inc.;
)
Mooresville Hospital Management Associates, )
LLC d/b/a Lake Norman Regional Medical )
Center;
)
Statesville HMA, LLC d/b/a Davis Regional )
Medical Center;
)
Envision Healthcare Corporation, f/k/a
)
Emergency Medical Services Corporation, )
EmCare, Inc.,
)
EmCare Holdings, Inc., and
)
Emergency Medical Services, LP,
)
)
Defendants.
)
)

NON-DISCLOSURE DECLARATION

I have read and am familiar with the contents of the Consent Protective Order governing
disclosure by third parties of Confidential and Highly Confidential information in this matter and
I agree to abide by all the terms of the Consent Protective Order. I further agree not to reveal or
otherwise communicate any Confidential or Highly Confidential information disclosed to me to
anyone except in accordance with the terms of the Consent Protective Order and will abide by
the provisions of the Consent Protective Order requiring me to make objection and provide

Page 16 of 19

notice should the Confidential or Highly Confidential information be subpoenaed by a third
party. I agree to not make use of any Confidential or Highly Confidential information disclosed
to me, other than for the purposes of this proceeding. I also hereby submit to the jurisdiction of
the court in which this proceeding is pending for the purpose of the administration and
enforcement of the Consent Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on _______________________.

Signature

Type or Print Name

Address

Telephone Number

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Stipulation and Consent
The Parties to this action, by and through their respective attorneys of record, hereby
stipulate and consent to the entry of the above Consent Protective Order.
This the 21st day of February 2020.

BRADLEY ARANT BOULT CUMMINGS
LLP

/s/ David A. Brown
David A. Brown (N.C. Bar No. 48997)
[e-mail]

/s/ Matthew S. DeAntonio
Christopher C. Lam (N.C. Bar No. 28627)
[e-mail]
Matthew S. DeAntonio (N.C. Bar No. 39625)
[e-mail]

FLANNERY | GEORGALIS LLC
212 South Tryon Street, Suite 1410
Charlotte, NC 28281
Telephone: [phone]

214 N. Tryon Street, Suite 3700
Charlotte, North Carolina 28202
Telephone: [phone]
Fax: [phone]

George B. Breen (pro hac vice)
[e-mail]
Richard W. Westling (pro hac vice)
[e-mail]

Charles J. Mataya (pro hac vice)
[e-mail]
John P. Rodgers (pro hac vice)
[e-mail]
1600 Division Street, Suite 700
Nashville, TN 37203
Telephone: [phone]
Fax: [phone]

EPSTEIN BECKER & GREEN, P.C.
1227 25th Street, N.W., Suite 700
Washington, DC 20037
Telephone: [phone]
Fax: [phone]

Counsel
for
Defendants
Envision
Healthcare Corporation, EmCare, Inc.,
EmCare Holdings, Inc., and Emergency
Counsel for Defendants Health Management Medical Services, LP
Associates, LLC, Mooresville Hospital
Management Associates, LLC and Statesville
HMA, LLC

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CHAR2\2152263v1

/s/ Thomas D. Myrick_____
Thomas D. Myrick
NC State Bar No. 12645
Paul J. Peralta
NC State Bar No. 34622
Benjamin Earl Shook
NC State Bar No. 44793
Emily C. Pera
NC State Bar No. 51317
MOORE & VAN ALLEN PLLC
Bank of America Corporate Center
100 North Tryon Street, Suite 4700
Charlotte, North Carolina 28202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
James F. Wyatt, III
NC State Bar No. 13766
Robert A. Blake, Jr., Esquire
NC State Bar No. 20858
WYATT & BLAKE, LLP
435 East Morehead Street
Charlotte, NC 28202-2609
Tele. No.: [phone]
Fax: [phone]
Marc S. Raspanti
Admitted Pro Hac Vice
Pamela Coyle Brecht
Admitted Pro Hac Vice
PIETRAGALLO GORDON ALFANO BOSICK & RASPANTI, LLP
1818 Market Street, Suite 3402
Philadelphia, PA 19103
Tele. No.: [phone]
Fax: [phone]
Counsel for Plaintiffs

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