A.Z. v. Regence BlueShield et al

Filing 28

STIPULATED PROTECTIVE ORDER re parties' 27 Stipulation, signed by Judge Thomas S. Zilly. (SWT)

Download PDF
HON. THOMAS S. ZILLY 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 A.Z. by and through her parents and guardians, E.Z. and D.Z., individually, and on behalf of the JUNO THERAPEUTICS, INC. HEALTH BENEFIT PLAN, and on behalf of similarly situated individuals and plans, 14 16 17 18 v. REGENCE BLUESHIELD; and CAMBIA HEALTH SOLUTIONS, INC., f/k/a THE REGENCE GROUP, Defendants. 19 20 21 STIPULATED PROTECTIVE ORDER Plaintiff, 15 NO. 2:17-cv-01292-TSZ I. 1. STIPULATION PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, proprietary, or 23 private information for which special protection may be warranted. Accordingly, the parties 24 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 25 parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket 26 protection on all disclosures or responses to discovery, the protection it affords from public STIPULATED PROTECTIVE ORDER – 1 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 disclosure and use extends only to the limited information or items that are entitled to 2 confidential treatment under the applicable legal principles, and it does not presumptively entitle 3 parties to file confidential information under seal. 4 2. 5 “CONFIDENTIAL” MATERIAL “Confidential” material shall include the following documents and tangible things 6 produced or otherwise exchanged: 7  Protected Health Information (“PHI”) 8  Documents containing personal, financial, medical, proprietary or other 9 information subject to a right of privacy. 10 3. SCOPE 11 The protections conferred by this agreement cover not only confidential material (as 12 defined above), but also (1) any information copied or extracted from confidential material; (2) 13 all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 14 conversations, or presentations by parties or their counsel that might reveal confidential 15 material. However, the protections conferred by this agreement do not cover information that is 16 in the public domain or becomes part of the public domain through trial or otherwise. 17 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 18 4.1 Basic Principles. A receiving party may use confidential material that is 19 disclosed or produced by another party or by a non-party in connection with this case only for 20 prosecuting, defending, or attempting to settle this litigation. Confidential material may be 21 disclosed only to the categories of persons and under the conditions described in this agreement. 22 Confidential material must be stored and maintained by a receiving party at a location and in a 23 secure manner that ensures that access is limited to the persons authorized under this agreement. 24 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 25 ordered by the court or permitted in writing by the designating party, a receiving party may 26 disclose any confidential material only to: STIPULATED PROTECTIVE ORDER – 2 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 (a) the receiving party’s counsel of record in this action, as well as 2 employees of counsel to whom it is reasonably necessary to disclose the information for this 3 litigation; 4 (b) the officers, directors, and employees (including in house counsel) of the 5 receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties 6 agree that a particular document or material produced is for Attorney’s Eyes Only and is so 7 designated; 8 (c) 9 experts and consultants to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 10 (Exhibit A); 11 (d) the court, court personnel, and court reporters and their staff; (e) copy or imaging services retained by counsel to assist in the duplication 12 13 of confidential material, provided that counsel for the party retaining the copy or imaging 14 service instructs the service not to disclose any confidential material to third parties and to 15 immediately return all originals and copies of any confidential material; 16 (f) 17 during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 18 (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of 19 transcribed deposition testimony or exhibits to depositions that reveal confidential material must 20 be separately bound by the court reporter and may not be disclosed to anyone except as 21 permitted under this agreement; 22 (g) the author or recipient of a document containing the information or a 23 custodian or other person who otherwise possessed or knew the information. 24 4.3 Filing Confidential Material. Before filing confidential material or discussing or 25 referencing such material in court filings, the filing party shall confer with the designating party 26 to determine whether the designating party will remove the confidential designation, whether STIPULATED PROTECTIVE ORDER – 3 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 the document can be redacted, or whether a motion to seal or stipulation and proposed order is 2 warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the 3 standards that will be applied when a party seeks permission from the court to file material 4 under seal. 5 5. DESIGNATING PROTECTED MATERIAL 6 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each party 7 or non-party that designates information or items for protection under this agreement must take 8 care to limit any such designation to specific material that qualifies under the appropriate 9 standards. The designating party must designate for protection only those parts of material, 10 documents, items, or oral or written communications that qualify, so that other portions of the 11 material, documents, items, or communications for which protection is not warranted are not 12 swept unjustifiably within the ambit of this agreement. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 14 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 15 unnecessarily encumber or delay the case development process or to impose unnecessary 16 expenses and burdens on other parties) expose the designating party to sanctions. 17 If it comes to a designating party’s attention that information or items that it designated 18 for protection do not qualify for protection, the designating party must promptly notify all other 19 parties that it is withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this 21 agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 22 ordered, disclosure or discovery material that qualifies for protection under this agreement must 23 be clearly so designated before or when the material is disclosed or produced. 24 (a) Information in documentary form: (e.g., paper or electronic documents 25 and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), the designating party must affix the word “CONFIDENTIAL” to each page that STIPULATED PROTECTIVE ORDER – 4 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 contains confidential material. If only a portion or portions of the material on a page qualifies 2 for protection, the producing party also must clearly identify the protected portion(s) (e.g., by 3 making appropriate markings in the margins). 4 (b) Testimony given in deposition or in other pretrial proceedings: the parties 5 and any participating non-parties must identify on the record, during the deposition or other 6 pretrial proceeding, all protected testimony, without prejudice to their right to so designate other 7 testimony after reviewing the transcript. Any party or non-party may, within fifteen days after 8 receiving the transcript of the deposition or other pretrial proceeding, designate portions of the 9 transcript, or exhibits thereto, as confidential. If a party or non-party desires to protect 10 confidential information at trial, the issue should be addressed during the pre-trial conference. 11 (c) Other tangible items: the producing party must affix in a prominent place 12 on the exterior of the container or containers in which the information or item is stored the word 13 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 14 the producing party, to the extent practicable, shall identify the protected portion(s). 15 5.3 16 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the designating party’s 17 right to secure protection under this agreement for such material. Upon timely correction of a 18 designation, the receiving party must make reasonable efforts to ensure that the material is 19 treated in accordance with the provisions of this agreement. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 22 Timing of Challenges. Any party or non-party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 23 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 24 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to 25 challenge a confidentiality designation by electing not to mount a challenge promptly after the 26 original designation is disclosed. STIPULATED PROTECTIVE ORDER – 5 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 6.2 Meet and Confer. The parties must make every attempt to resolve any dispute 2 regarding confidential designations without court involvement. Any motion regarding 3 confidential designations or for a protective order must include a certification, in the motion or 4 in a declaration or affidavit, that the movant has engaged in a good faith meet and confer 5 conference with other affected parties in an effort to resolve the dispute without court action. 6 The certification must list the date, manner, and participants to the conference. A good faith 7 effort to confer requires a face-to-face meeting or a telephone conference. 8 6.3 Judicial Intervention. If the parties cannot resolve a challenge without court 9 intervention, the designating party may file and serve a motion to retain confidentiality under 10 Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 11 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those 12 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 13 other parties) may expose the challenging party to sanctions. All parties shall continue to 14 maintain the material in question as confidential until the court rules on the challenge. 15 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 16 LITIGATION 17 If a party is served with a subpoena or a court order issued in other litigation that 18 compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” 19 that party must: 20 (a) promptly notify the designating party in writing and include a copy of the 21 subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena or order is 24 subject to this agreement. Such notification shall include a copy of this agreement; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued 26 by the designating party whose confidential material may be affected. STIPULATED PROTECTIVE ORDER – 6 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a receiving party learns that, by inadvertence or otherwise, it has disclosed 3 confidential material to any person or in any circumstance not authorized under this agreement, 4 the receiving party must immediately (a) notify in writing the designating party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 6 protected material, (c) inform the person or persons to whom unauthorized disclosures were 7 made of all the terms of this agreement, and (d) request that such person or persons execute the 8 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 9 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 12 13 14 15 16 When a producing party gives notice to receiving parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order or agreement that provides for production without prior privilege review. The parties agree to the entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein. 17 10. NON TERMINATION AND RETURN OF DOCUMENTS 18 Within 60 days after the termination of this action, including all appeals, each receiving 19 party must return all confidential material to the producing party, including all copies, extracts 20 and summaries thereof. Alternatively, the parties may agree upon appropriate methods of 21 destruction. 22 Notwithstanding this provision, counsel are entitled to retain one archival copy of all 23 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 24 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 25 work product, even if such materials contain confidential material. 26 STIPULATED PROTECTIVE ORDER – 7 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 The confidentiality obligations imposed by this agreement shall remain in effect until a 2 designating party agrees otherwise in writing or a court orders otherwise. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 6 DATED: December 20, 2017. KARR TUTTLE CAMPBELL SIRIANNI YOUTZ SPOONEMORE HAMBURGER s/ Medora A. Marisseau Medora A. Marisseau (WSBA #23114) Stephanie R. Lakinski (WSBA #46391) s/ Eleanor Hamburger Eleanor Hamburger (WSBA #26478) Richard E. Spoonemore (WSBA #21833) Email: MMarisseau@karrtuttle.com slakinski@karrtuttle.com Email: ehamburger@sylaw.com rspoonemore@sylaw.com 7 8 9 10 11 Attorneys for Defendants JORDAN LEWIS P.A. 12 13 s/ Jordan M. Lewis Jordan M. Lewis (Admitted pro hac vice) 14 Email: 15 Attorneys for Plaintiff jordan@jml-lawfirm.com 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER – 8 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 2 3 4 II. ORDER 5 PURSUANT TO STIPULATION, IT IS SO ORDERED 6 7 IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any documents in this proceeding shall not, for the purposes of this proceeding or any other 8 proceeding in any other court, constitute a waiver by the producing party of any privilege 9 applicable to those documents, including the attorney-client privilege, attorney work-product 10 protection, or any other privilege or protection recognized by law. 11 12 13 DATED this 27th day of December, 2017. A 14 15 Thomas S. Zilly United States District Judge 16 17 18 Presented by: 19 20 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 21 22 23 /s/ Eleanor Hamburger Eleanor Hamburger (WSBA # 26478) Richard E. Spoonemore (WSBA #21833) Attorneys for Plaintiff 24 25 26 STIPULATED PROTECTIVE ORDER – 9 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, 3 ____________________________________ [print or type full name], of 4 ____________________________________ [print or type full address], declare under penalty 5 of perjury that I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Western District of Washington on [date] in 7 the case of A.Z. v. Regence Blueshield, No. 2:17-cv-01292-TSZ. I agree to comply with and to 8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge 9 that failure to so comply could expose me to sanctions and punishment in the nature of 10 contempt. I solemnly promise that I will not disclose in any manner any information or item that 11 is subject to this Stipulated Protective Order to any person or entity except in strict compliance 12 with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Western District of Washington for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this action. 16 Date: 17 City and State where sworn and signed: 18 Printed name: 19 Signature: 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER – 10 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?