The Charlotte-Mecklenburg Hospital Authority et al v. OptumHealth Care Solutions, Inc.
Filing
67
ADDENDUM to 48 Confidentiality Order and Stipulation Regarding Production. Signed by Magistrate Judge David Keesler on 3/20/17. (mga)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:16-CV-193-FDW-DCK
__________________________________________
The Charlotte-Mecklenburg Hospital Authority
:
d/b/a Carolinas HealthCare System,
:
Carolinas Physicians Network, Inc. and
:
Managed Health Resources, Inc.,
:
:
Plaintiffs,
:
:
v.
:
:
OptumHealth Care Solutions, Inc.,
:
:
Defendant.
:
__________________________________________:
ADDENDUM TO CONFIDENTIALITY ORDER AND
STIPULATION REGARDING PRODUCTION
This Addendum to Confidentiality Order and Stipulation Regarding Production (the
“Addendum”) memorializes the agreement between Plaintiffs The Charlotte-Mecklenburg
Hospital Authority d/b/a the Carolinas HealthCare System, Carolinas Physicians Network, Inc.,
and Managed Health Resources, Inc. and Defendant OptumHealth Care Solutions, Inc. regarding
confidentiality and production.
1.
This Addendum supplements the Joint Stipulated Confidentiality Order (Dkt. 48)
(the “Confidentiality Order”) entered by the Court in this matter on October 4, 2016. All
provisions of the Confidentiality Order are incorporated herein.
2.
On March 2, 2017, Magistrate Judge Keesler resolved a discovery dispute between
the parties by entering an Order (Dkt. 62) (the “Order”) requiring Plaintiffs to produce responsive
documents consistent with his direction on a telephone conference on March 16, 2017.
3.
The parties acknowledge that Plaintiffs contend that documents to be produced by
Plaintiffs pursuant to the Order include highly sensitive proprietary and confidential commercial
information, including the terms of commercial agreements between Plaintiffs and Defendant’s
competitors that may be subject to confidentiality obligations (“Highly Confidential
Information”).
4.
The parties therefore stipulate and agree that Plaintiffs may designate documents to
be produced pursuant to the Order as “Highly Confidential” if counsel determines, in good faith,
that such document or information contains Highly Confidential Information, and if such
designation is necessary to comply with Plaintiffs’ confidentiality obligations.
5.
On February 8, 2017, Defendant produced documents to Plaintiffs bearing Bates
stamps OPTUM004895 to OPTUM005404. Pursuant to this Addendum, Plaintiffs shall treat these
documents as if they had been designated “Highly Confidential” at the time of production.
6.
Information or documents designated as “Highly Confidential” shall not be
disclosed to any person, except:
a. Counsel for the requesting party;
b. Employees of such counsel assigned to and necessary to assist in the litigation;
c. Specially retained consultants, experts or witnesses to the extent deemed
necessary by counsel, provided, however, that the consultant, expert, or witness
is not currently employed by a party and agrees to be bound by the
Confidentiality Order and this Addendum;
d. Any person who was an original author and/or recipient of the document or
information; and
e. The Court or the jury at trial or as exhibits to motions.
7.
For avoidance of doubt, the provisions of the Confidentiality Order shall apply to
information designated as “Highly Confidential,” except that, in the case of information or
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documents designated as “Highly Confidential,” “Authorized Person” shall mean persons listed in
paragraph 5 of this Addendum.
8.
The Order requires Plaintiffs to produce responsive documents on or before March
16, 2017. The parties agree that, given the volume of documents and the burden of production, a
brief extension to March 23, 2017 is appropriate and will not affect other deadlines in this matter.
SO STIPULATED AND AGREED:
/s/ Adam Doerr
Adam Doerr, Esquire
Mark Hiller, Esquire
/s/ Christopher M. Kelly (with permission)
Christopher M. Kelly, Esquire
Elizabeth Howe Pratt, Esquire
Gallivan, White & Boyd, P.A.
6805 Morrison Blvd., Suite 200
Charlotte, NC 28210
(704) 552-1712
ckelly@gwblawfirm.com
epratt@gwblawfirm.com
Robinson, Bradshaw & Hinson, P.A.
101 North Tryon Street, Suite 1900
Charlotte, NC 28246
(704) 377-2536
adoerr@robinsonbradshaw.com
mhiller@robinsonbradshaw.com
Of Counsel
Dan J. Hofmeister Jr., Esquire
Douglass G. Hewitt, Esquire
Jeffrey Orenstein, Esquire
Reed Smith LLP
10 South Wacker Drive, 40th Floor
Chicago, IL 60606
(312) 207-2828
dhewitt@reedsmith.com
dhofmeister@reedsmith.com
jorenstein@reedsmith.com
Mark H. Gallant, Esquire
Gregory M. Fliszar, Esquire
Cozen O’Connor
1650 Market Street, Suite 2800
Philadelphia, PA 19103
(215) 665-2000
mgallant@cozen.com
gfliszar@cozen.com
Counsel for Plaintiffs The Charlotte-Mecklenburg
Hospital Authority d/b/a Carolinas HealthCare
System, Carolinas Physicians Network, Inc. and
Managed Health Resources, Inc.
Counsel for Defendant OptumHealth Care
Solutions, Inc.
SO ORDERED:
Signed: March 20, 2017
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