Stipulation and Order

Cal. Super. - 6th Dist.September 9, 2021

Envelope: 8492509 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR N0; 73728, 1 85357 FOR COURT USE ONLY NAME; Mark A. Neubauer, Meredith M. Moss FIRM NAME: CARLTON FIELDS, LLP STREET ADDREss; 2029 Century Park East, Suite 1200 CITY: LOS AngeleS STATE: CA ZIP CODE: 90067-291 3 TELEPHONE No.; 31 0-843-6300 FAX No.2 31 0-843-6301 E-MAILADDRESS; mneubauer@carltonfields.com; mmoss@carltonfields.com ATTORNEY FoRmame); Defendants Auris Health, Inc. and Tinh Khong SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDREss: 161 North First Street MAILING ADDRESS: same CITY AND ZIP CODE: San JOSE, CA 951 13 BRANCH NAME; Old Courthouse CASE NUMBER: PLAINTIFF/PETITIONER: Samantha Nguyen 21CV388437 JUDICIAL OFFICER: Medical Device Business Services, |nc., Auris Health, Hon. Peter H. Kirwan DEFENDANT/RESPONDENT: Inc. and Tinh Khong OTHER: EFS-Waorum DEPT: PROPOSED ORDER (COVER SHEET) 19 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: Defendants Auris Health, Inc. and Tinh Khong 2. Title of the proposed order: [Proposed] Order on Joint Stipulated Protective Order 3. The proceeding to which the proposed order relates is: N/A a. Description of proceeding: N/A b. Date and time: N/A c. Place: N/A 4. The proposed order was served on the other parties in the case. MEREDITH M_ MOSS > /S/ Mer8dith M. MOSS (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SH EET) Cal. Rules of Court, Judicial Council of California . . . rules 2.252, 3.1312 EFS-020[Rev. February1,2017] (EleCtronlc Flllng) www.counsca‘gov 1287471 53.1 American LegalNet, Inc. www,F01msWorkF10w.com . EFS-020 CASE NAME: CASE NUMBER: Samantha Nguyen v. Medical Device Business Services, |nc., et al. 21CV388437 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a. My residence or business address is (specify): Business Address: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913. b. My electronic service address is (specify): mIrodriguez@carltonfields.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party orparties represented should also be stated): Elizabeth R. Leitzinger, Esq. - Attorneys for Plaintiff Samanta Nguyen FENTON & KELLER Post Office Box 791 2801 Monterey-Salinas Highway Monterey, CA 93942-0791 Telephone: 831-373-1241 Facsimile: 831-373-7219 b. To (electronic service address ofperson served): ELeitzinger@FentonKeller.com c. On (date): March 11, 2022 DElectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: March 11, 2022 I Maria Rodriguez V WWW (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-OZO [Rem February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2 0f2 (Electronic Filing) 1 287471 53-1 American LegalNet, Inc. ewww,FormsW0rkF10w.com \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O Filed March 22, 2022 Mark A. Neubauer (SBN 73728) Clerk 0f the court Meredith M. Moss (SBN 185357) guperior Court 0f CA CARLTON FIELDS, LLP ounty 0f Santa Clara 2029 Century Park East, Suite 1200 21 CV388437 Los Angeles, CA 90067-2913 By: RNguyen Telephone: (3 10) 843-6300 Facsimile: (3 10) 843-6301 mneubuer@carlt0nfields.com mmoss@carlt0nfields.com Attorneys for Defendant Auris Health, Inc. and Tinh Khong SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA SAMANTHA NGUYEN Case No.: 2 1CV3 88437 Plaintiff, Assigned t0 the Hon. Peter H. Kirwan Dept. 19 vs. JOINT STIPULATED PROTECTIVE MEDICAL DEVICE BUSINESS ORDER; [?RGPGSEB] ORDER SERVICES, INC.; AURIS HEALTH, INC.; TINH KHONG, an individual, and DOES 1-20, inclusive, Defendants. Complaint filed: September 9, 2021 Pretrial Conference: Not Set Trial Date: Not Set 1 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O The following stipulation is entered into by and between Plaintiff Samantha Nguyen, on the one hand, and Defendants Auris Health, Inc. and Tinh Khong, on the other hand, by and through their respective counsel 0f record, in order t0 facilitate the exchange 0f information and documents Which may be subject t0 confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. The parties represent that this litigation does not present any public health or safety concerns. In order to protect the confidentiality of confidential information obtained by the parties in connection With this case, the parties hereby agree as follows: Part One: Use of Confidential Materials in Discoverv 1. Any party 0r non-party may designate as “Confidential Information” (by stamping the relevant page or as otherwise set forth herein) any document 0r response to discovery Which that party 0r non-party considers in good faith t0 contain information involving trade secrets, 0r confidential business, financial 0r other personal, private 0r protected information, subject t0 Rules 8.45, 8.46, 8.47, 8.490, 2.550, 2.551, 2.580, and 2.585 of the California Rules 0f Court, 0r under other provisions 0f California law. Where a document 0r response consists 0f more than one page, the first page and each page 0n Which confidential information appears shall be so designated. 2. A party 0r non-party may designate information disclosed during a deposition 0r in response to written discovery as “confidential” by so indicating in said responses 0r 0n the record at the deposition and requesting the preparation 0f a separate transcript of such material. In addition, a party or non-party may designate in writing, within twenty (20) days after receipt 0f said responses or 0f the deposition transcript for Which the designation is proposed, that specific pages 0f the transcript and/or specific responses be treated as “Confidential Information.” Any other party may object to such proposal, in writing 0r on the record. Upon such objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according t0 the procedure set forth in this paragraph, the designated documents 0r information shall be 2 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O treated according to the designation until the matter is resolved according to the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies 0f the designated material in their possession 0r control With the specified designation. 3. A11 Confidential Information produced 0r exchanged in the course 0f this case (not including information that is publicly available) shall be used by the party 0r parties to Whom the information is produced solely for the purpose of this case. 4. Except With the prior written consent 0f the other parties, 0r upon prior order 0f this Court obtained upon notice t0 opposing counsel, Confidential Information shall not be disclosed to any person other than: (a) counsel for the respective parties to this litigation, including, in-house counsel and co-counsel retained for this litigation, (b) employees 0f such counsel, (c) individual parties 0r officers 0r employees 0f a party, t0 the extent deemed necessary by counsel for the prosecution or defense of this litigation, (d) consultants 0r expert witnesses retained for the prosecution or defense of this litigation, provided that each person shall execute a copy 0f the Certification attached t0 this Order (Which shall be retained by counsel t0 the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information, and provided that if the party chooses a consultant or expert employed by the defendant 0r one of its competitors, the party shall notify the opposing party, 0r designating non-party, before disclosing any Confidential Information to that individual and shall give the opposing party an opportunity to move for a protective order preventing or limiting such disclosure; (e) any authors 0r recipients 0f the Confidential Information; (f) the Court, Court personnel, and court reporters; and 3 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O (g) Witnesses (other than persons described in paragraphs 4(c) and 4(6)). A Witness shall sign the Certification before being shown a confidential document. Confidential Information may be disclosed t0 a Witness Who Will not sign the Certification only in a deposition in Which the party Who designated the Confidential Information is represented or has been given notice that Confidential Information produced by the party may be used. At the request of any party, the portion of the deposition transcript involving the Confidential Information shall be designated “Confidential” pursuant t0 paragraph 2 above. Witnesses shown Confidential Information shall not be allowed t0 retain copies. 5. Any persons receiving Confidential Information shall not reveal or discuss such information t0 0r with any person Who is not entitled t0 receive such information, except as set forth herein. 6. In connection With discovery proceedings as t0 Which a party submits Confidential Information, confidential documents shall be lodged 0r filed With a confidential designation by electronic submission in the manner described in Rule 2.551(d), and pursuant to Local General Rule 6B.3. Such records must not be submitted in paper form. A11 chamber copies containing Confidential Information which are submitted t0 the Court shall be lodged With the Court in sealed envelopes 0r other appropriate sealed containers by delivery t0 Court Services addressed t0 the assigned Department or as directed by the Court. On the outside 0f the envelopes, a copy 0f the first page of the document shall be attached. If Confidential Information is included in the first page attached t0 the outside of the envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be stamped 0n the envelope and a statement substantially in the following form shall also be printed 0n the envelope: “This envelope is sealed pursuant to Order of the Court, contains Confidential Information and is not to be opened or the contents revealed, except by Order of the Court or agreement by the parties.” 4 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O 7. A party may designate as “Confidential Information” documents 0r discovery materials produced by a non-party by providing written notice to all parties 0f the relevant document numbers 0r other identification Within thirty (3 0) days after receiving such documents 0r discovery materials. Any party 0r non-party may voluntarily disclose t0 others without restriction any information designated by that party or non- party as Confidential Information, although a document may lose its confidential status if it is made public. 8. If a party contends that any material is not entitled t0 confidential treatment, such party may at any time give written notice t0 the party 0r non-party who designated the material. The party 0r non-party Who designated the material shall have twenty-five (25) days from the receipt 0f such written notice to apply t0 the Court for an order designating the material as confidential. The party 0r non-party seeking the order has the burden 0f establishing that the document is entitled t0 protection. 9. Notwithstanding any challenge t0 the designation 0f material as Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unless and until one 0f the following occurs: (a) the party 0r non-party who claims that the material is Confidential Information Withdraws such designation in writing; or (b) the party 0r non-party Who claims that the material is Confidential Information fails to apply to the Court for an order designating the material confidential Within the time period specified above after receipt 0f a written challenge to such designation; or (c) the Court rules the material is not Confidential Information. 10. A11 provisions 0f this Order restricting the communication 0r use 0f Confidential Information shall continue to be binding after the conclusion of the action, unless otherwise agreed 0r ordered. Upon conclusion of the litigation, a party in possession of Confidential Information, other than that Which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) return such documents no later 5 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O than thirty (30) days after conclusion of this action to counsel for the party 0r non-party Who provided such information, or (b) destroy such documents within the time period upon consent 0f the party Who provided the information and certify in writing Within thirty (3 0) days that the documents have been destroyed. 11. Nothing herein shall be deemed t0 waive any applicable privilege 0r work product protection, 0r t0 affect the ability 0f a party to seek relief for an inadvertent disclosure 0f material protected by privilege or work product protection. Any witness or other person, firm 0r entity from Which discovery is sought may be informed 0f and may obtain the protection 0f this Order by written advice t0 the parties’ respective counsel 0r by oral advice at the time of any deposition or similar proceeding. Part Two: Use 0f Confidential Materials in Court The following provisions govern the treatment 0f Confidential Information used at trial or submitted as a basis for adjudication 0f matters other than discovery motions 0r proceedings. The procedures for use of Confidential Information at trial shall be determined by the trial judge. Trial exhibits shall not be filed but must be lodged in paper form With the assigned trial department as set forth in the Court’s Local Civil Rules. These provisions are subject t0 Rules 8.46, 8.490, 2.550, 2.551, 2.580, and 2.585 0f the California Rules 0f Court and must be construed in light 0f those Rules. 12. A party that files With the Court, or seeks to use at trial, materials designated as Confidential Information, and Who seeks to have the record containing such information sealed, shall submit t0 the Court a motion to seal, pursuant to California Rules 0f Court 2.551. 13. A party that files with the Court, 0r seeks t0 use at trial, materials designated as Confidential Information by anyone other than itself, and who does not seek t0 have the record containing such information sealed, shall comply With either of the following requirements: 6 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O (a) At least ten (10) business days prior to the filing or use 0f the Confidential Information, the submitting party shall give notice t0 all parties, and t0 any nonparty that designated the materials as Confidential Information pursuant t0 this Order, 0f the submitting party’s intention t0 file 0r use the Confidential Information, including specific identification 0f the Confidential Information. Any affected party 0r non-party may then file a motion t0 seal, pursuant t0 California Rules 0f Court 2.55 1; or (b) At the time 0f filing 0r desiring t0 use the Confidential Information, the submitting party shall submit the materials electronically With a confidential designation pursuant to the lodging-under-seal provision 0f California Rule of Court 2.551(d) and Local General Rule 6B(3), and at the same time file in the public record redacted versions of the same documents. Any affected party 0r non- party may then file a motion t0 seal, pursuant t0 the California Rule 0f Court 2.551(b), Within ten (10) business days after such lodging. Documents lodged pursuant to California Rule of Court 2.551(d) shall bear a legend stating that such materials shall be unsealed upon the expiration of ten (10) business days, absent the filing of a motion to seal pursuant to Rule 2.551(b) or Court Order. 14. In connection With a request t0 have materials sealed pursuant t0 Section 12 0r Section 13, the moving party’s declaration pursuant t0 California Rule of Court 2.55 1 (b)(l) shall contain sufficient particularity With respect to the particular Confidential Information and the basis for sealing t0 enable the Court to make the findings required by California Rule 0f Court 2.550(d) without being required to review each item of Confidential Information. 7 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O 15. This Stipulated Protective Order creates n0 right t0 file Confidential Information under seal without complying With California Rules of Court, Rules 2.550 et seq. Dated: March 11, 2022 Dated: March 11, 2022 CARLTON FIELDS, LLP By: /s/ Meredith M. Moss MEREDITH M. MOSS Attorneys for Defendants Auris Health, Inc. and Tinh Khong FENTON & KELLER By: /s/ Elizabeth R. Leitzinger ELIZABETH R. LEITZINGER Attorneys for Plaintiff Samantha Nguyen 8 1287076802 JOINT STIPULATED PROTECTIVE ORDER \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O CERTIFICATION I hereby certify my understanding that Confidential Information is being provided t0 me pursuant t0 the terms and restrictions 0f the Stipulated Protective Order dated , 2022 in Nguyen v. Medical Device Business Services, Ina, et al., Santa Clara Superior Court Case N0. 21CV388437. I have been given a copy 0f that Order and read it. I agree t0 be bound by the Order. I Will not reveal the Confidential Information t0 anyone, except as allowed by the Order. IWill maintain all such Confidential Information - including copies, notes, 0r other transcriptions made therefrom - in a secure matter t0 prevent unauthorized access t0 it. N0 later than thirty (30) days after the conclusion 0f this action, I Will return the Confidential Information - including copies, notes or other transcriptions made therefrom - to the counsel who provided me With the Confidential Information. I hereby consent to the jurisdiction of the California Superior Court, County 0f Santa Clara, for the purpose 0f enforcing the Confidentiality Order. I declare under penalty 0f perjury that the foregoing is true and correct and that this certificate is executed this day 0f , 202_, at By: Address: Phone: 9 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONONU‘I-PUJNy-t NNNNNNNNNt-tt-tr-th-th-tt-tt-tr-th-th-t OONQU‘I-PUJNF-‘OKOOONQU‘I-PUJNF-‘O M Good cause appearing therefor, the Joint Stipulated Protective Order of the parties is approved. Dated: PETER H. KIRWAN JUDGE OF THE SUPERIOR COURT 10 1287076802 JOINT STIPULATED PROTECTIVE ORDER Signed: 3/15/2022 10:57 AM KOOONQU‘I-PUJNr-t NNNNNNNNNHHHHHHHHHr-t OOflGU‘I-PUJNi-‘OKOOOQONU‘I-PUJNi-‘O PROOF OF SERVICE F.R.C.P. 5 / C.C.P. §§ 1010.6. and 1013/ Cal. R. Ct. R. 2.251 I am a resident of, 0r employed in, the County 0f Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields, LLP, 2029 Century Park East, Suite 1200, Los Angeles, CA 90067-2913. On March 11, 2022, I served the following listed document(s), by method indicated below, 0n the parties in this action: JOINT STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER SEEATTACHED SERVICE LIST BY ELECTRONIC SERVICE by uploading the document listed above t0 the electronic filing service provider First Legal Support atfirstlegal.com for e-serVice t0 the email address(es) set forth on the attached service list. To my knowledge, the e-service was reported as complete and Without error. See Cal. R. Ct. R. 2.25 1 and CCP § 1010.6. I declare under penalty 0f perjury under the laws of the State 0f California and the United States of America that the above is true and correct. Executed on March 11, 2022 at Los Angeles, California. Maria Rodriguez MAM Type or Print Name Signature 11 JOINT STIPULATED PROTECTIVE ORDER 1287076802 \OOONQU‘I-PUJNr-t NNNNNNNNNr-‘v-tv-tr-‘b-tr-tv-tr-tr-‘H OOflGU‘I-PUJNi-‘OKOOOQGU‘I-PUJNi-‘O Elizabeth R. Leitzinger, Esq. FENTON & KELLER Post Office BOX 791 2801 Monterey-Salinas Highway Monterey, CA 93942-0791 Telephone: 83 1-373-1241 Facsimile: 83 1-373-7219 ELeitzinger(aDFentonKeller.com SERVICE LIST Attorneys for Plaintiff Samantha Nguyen 12 JOINT STIPULATED PROTECTIVE ORDER 1287076802