Motion For Protective OrderMotionCal. Super. - 2nd Dist.December 20, 2017Electronically FILED by Sup OO 0 J O N hn B= WwW N o O N N N N N N N N e m m e m a e s e a e e e e ee 0 0 J O N Ww» B R A W N m o O V N B W N D = O erior Court of California, County of Los Angeles on 02/25/2019 05:48 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS, ESQ. (SBN 113755) RICHARD A. LOVICH, ESQ. (SBN 113472) KARLENE J. ROGERS-ABERMAN, ESQ. (SBN 237883) NINA ZHANG, ESQ. (SBN 303878) 303 N. Glenoaks Blvd., Suite 700 Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneys for Plaintiff PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES UNLIMITED JURISDICTION PRESBYTERIAN Case No.: BC687739 INTERCOMMUNITY HOSPITAL, INC., a California non-profit public Assigned for All Purposes To: benefit corporation, Hon. Steven J. Kleifield, Dept. 57 Plaintiff, Vs. STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGAL MEDICAL GROUP, INC., a California for-profit corporation; and DOES 1 THROUGH 25, Defendants. WHEREAS, the parties hereto believe that discovery in the above-captioned matters will involve the production of documents believed to contain trade secrets or confidential commercial or financial information, or personal or health - 1 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER OO 0 ~ ~ O N bn br W W ND = N O N N N N ND N N N = e e e e e m e s e s 00 ~~ S N Wn A W N = O Vv N N N E W N Oo information that may be deemed confidential under applicable law and may otherwise require the disclosure of such information, and perhaps other material and information of a confidential nature, or which otherwise may be contended to be protected from disclosure, and WHEREAS, the parties acknowledge and agree that it is appropriate for the Court to provide proper safeguards to protect confidential information, which may be disclosed and used for purposes of this action. WHEREAS, privacy interests must be protected under applicable statutes, rules, regulations, and common law principles, including, but not limited to, the privacy regulations promulgated pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In addition, the protections afforded in this Order are also intended to honor state law privacy statutes, rules, regulations and common law practices. WHEREAS, the Court finds that the procedures set forth herein for the disclosure and use of confidential information, including confidential health information are reasonable and appropriate to protect against the improper disclosure or unauthorized use of such information. WHEREAS, the parties intend to protect that information for pre-trial purposes; and WHEREAS, in light of the foregoing, the parties in this action wish to establish procedures to limit the necessity for objections or subsequent motions seeking to limit discovery, and facilitate the disposition by this Court of any disputes or problems that may arise in connection with discovery herein; IT IS HEREBY STIPULATED AND AGREED as follows by and between the parties hereto through their respective counsel: 1. Definitions The following definitions shall apply to this Stipulated Confidentiality Order: - 2 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 8 hn HH WwW ND O O D N N N N R N N = e e e m e m e s e s e e 0 ~~ O N Lh BA W N = O Vv NN R W ND = O a. The term “Litigation” shall refer to the above-captioned matter and to any other action consolidated at any time under that caption, and any appeal therefrom through final judgment. . “Documents” shall mean all written records, electronically stored information, or graphic material whatsoever whether it be original, recorded, duplicate, or graphic format, as that term is defined in California Evidence Code Section 250, including, without limitation, any meaning reasonably given to such term in any written request for production of documents served by any party herein. . “Confidential Document” shall mean any document, material or thing which contains Confidential Information or Confidential Health Information (as defined herein) and which any Producing Party (as defined herein) designates as “Confidential” at any time and in any manner set forth in any part of this Stipulated Confidentiality Order. All documents, information or materials designated “Confidential,” in accordance with this Stipulated Confidentiality Order by any party to this Litigation or by any Producing Party, shall be treated as Confidential for purposes of, and pursuant to, this Stipulated Confidentiality Order. Any Producing Party, or any party to the Litigation, may designate any document, information or material as “Confidential” in the reasonable and good faith exercise of such person’s discretion and belief that the designated item(s) contains Confidential Information or Confidential Health Information, provided, however, by agreeing to this Stipulated Confidentiality Order, no party waives the right to challenge any other party’s designation of any document or other material as “Confidential.” . “Confidential Information” shall mean any trade secrets or confidential commercial, proprietary, or financial information not previously made - 3 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER SOS OO 0 NN A N Un B L N 0 N N N RN RN R D N m m e e = e s e e e s e s 0 J O O Lh Dh W N = Oo 0 NN R W available to the public or which any party to the Litigation or any Producing Party hereto contends is subject to protection from disclosure. . “Confidential Health Information” shall mean individual identifiable health information (defined as health information that is connected to a patient’s name, address, Social Security number or other identifying number, including HIC number). The information produced may be subject to 45 C.F.R. §§164.102 - 164.534 or other privacy protections or there may be no waiver by the patient to produce the records. . “Highly Confidential - Attorneys’ Eyes Only Information” shall mean extremely sensitive “Confidential Information or Items,” disclosure of which to another party or non-party would create a substantial risk of serious harm that could not be avoided by less restrictive means. . “Highly Confidential - Attorneys’ Eyes Only Document” shall mean any document, material or thing which contains Highly Confidential - Attorneys’ Eyes Only Information and which any Producing Party (as defined herein) designates as “Highly Confidential - Attorneys’ Eyes Only” at any time and in any manner set forth in any part of this Stipulated Confidentiality Order. All documents, information or materials designated “Highly Confidential - Attorneys’ Eyes Only,” in accordance with this Stipulated Confidentiality Order by any party to this Litigation or by any Producing Party, shall be treated as Highly Confidential for purposes of, and pursuant to, this Stipulated Confidentiality Order. Any Producing Party, or any party to the Litigation, may designate any document, information or material as “Highly Confidential - Attorneys’ Eyes Only” in the reasonable and good faith exercise of such person’s discretion and belief that the designated item(s) contains Highly Confidential - Attorneys’ Eyes Only Information provided, however, by agreeing to this Stipulated - 4 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 O N nn BA WLW BN N O N N N N ND N N ND m e e e E e e s e e 0 a A Nh BA W N = O CC O X N n hs W ND = O Confidentiality Order, no party waives the right to challenge any other party’s designation of any document or other material as “Highly Confidential - Attorneys’ Eyes Only.” “Person” as used herein shall mean natural person, firm, association, organization, partnership, business, trust, corporation, foundation, or other public or private entity. “Plaintiff” as used herein shall mean the named Plaintiff PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., a California non-profit public benefit corporation and its counsel of record. “Defendant” as used herein shall mean the named Defendant REGAL MEDICAL GROUP, INC., a California for-profit corporation and its counsel of record. . “Producing Party” shall mean any party to the Litigation, or any other person or entity producing documents, information or other materials in the Litigation. “Legend” as used herein shall mean a stamp or similar insignia stating “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or other appropriate term or terms connoting the confidentiality of the document. When any document is designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” pursuant to this Stipulated Confidentiality Order, the Legend shall be affixed to every page of any such document (not merely the first or cover page.) . “Parties” shall mean both Plaintiff and Defendant. . “Court” and “Court Personnel” as used herein shall include the judicial reference and the judicial reference’s support staff. -5- STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 Oo wn B A W o N P O N N N ND N N N N m e e e e s e s e e e e 0 4 O N WL RA W N = O VV N N N n h WwW m o O When reference is made in this Stipulated Confidentiality Order to any document or party, the singular shall include the plural and plural shall include the singular. 2. Scope of Application This Stipulated Confidentiality Order shall govern all documents and other information and materials generated or produced in response to any formal discovery conducted by any party to the Litigation pursuant to the California Code of Civil Procedure or discovery exchanged by agreement between the parties in preparation for mediation. This Stipulated Confidentiality Order shall not govern the use or admissibility of any evidence at trial or the procedures for using such documents or information at trial. 3. Limitation on Use of Confidential Information. All documents, material or information in this Litigation that are designated “Confidential” may be used by the non-designating party only for purposes of the conduct of this Litigation and for no other purpose (the “Permitted Purpose”). Confidential Documents and/or Confidential Information and/or Confidential Health Information and any summaries, charts or notes made therefrom, and any facts or information contained therein or derived therefrom and from no other source, shall be disclosed only to the Court (as provided for in paragraph 11 below) and to: a. Parties to the Litigation and the employees, officers, agents and directors of such parties, only to the extent necessary for the Permitted Purpose; b. counsel for the Parties hereto, including in-house counsel, and their employees, paralegals, legal assistants or other secretarial and clerical employees, including outside copy services, only to the extent necessary for the Permitted Purpose; c. independent contractors, experts, consultants, or advisors who are employed or retained by, or consulted about retention on behalf of, any of the - 6 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER - 0 a A h b W N = O V N R W D O O N Y R N parties or counsel for the parties hereto, in accordance with the procedures set forth below in paragraph 5; only to the extent necessary for the Permitted Purpose; d. deponents, trial witnesses and their counsel who have a reasonable need to review this material during the course of, or in connection with their testimony in the Litigation, including, but not limited to, deponents or trial witnesses who may be employees of a party, in accordance with the procedures set forth below in paragraph 5; e. stenographic reporters who are involved in depositions, the trial or any hearings or proceeding before the Court in the Litigation; f. third-party witnesses in the Litigation who reasonably need to review this material prior to or in connection with potential testimony in the Litigation, in accordance with the procedures set forth below in paragraph 5; g. the Court and any persons employed by the Court whose duties require access to Confidential Documents and/or Confidential Information; and h. any mediator agreed to by the parties. 4. Limitation on Use of Highly Confidential - Attorneys’ Eyes-Only Information. All documents, material or information in this Litigation that are designated “Highly Confidential - Attorneys’ Eyes Only” may be used by the non-designating party only for the Permitted Purpose. Highly Confidential - Attorneys’ Eyes-Only Documents and/or Highly Confidential - Attorneys’ Eyes-Only Information and any summaries, charges or notes made therefrom, and any facts or information contained therein or derived therefrom and from no other source, shall be disclosed only as follows: a. the Court, Court clerks, deposition and trial reporters, b. counsel, including in-house counsel, representing the parties in the above-captioned case, and paraprofessional and secretarial employees of any of the - 7 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 JI O&O Wn HK WwW ND N N N N N N N N N e e em e m e R e m e e e a a 0 ~ ~ O N Wn Bh W N =, O O VO 0 N N N R W D / O above in this subsection; with the specific caveat that the information may not be disclosed to any business personnel of a named party merely because an individual has a Juris Doctorate degree; C. independent contractors, experts, consultants, or advisors who are employed or retained by, or consulted about retention on behalf of, any of the parties or counsel for the parties hereto, in accordance with the procedures set forth below in paragraph 5; d. Third party witnesses during the course of their depositions, provided that (1) counsel for the designating party shall be informed that the witness will be shown Confidential Material before the designated information is shown to the witness, to give counsel for the designating party an opportunity to object, and (2) if an objection to showing the witness is made, the designated information shall not be shown to the witness until the Court rules on the objection; and (3) the procedures set forth in paragraph 5 are followed; and Bs any mediator agreed to by the parties. 5. Written Undertaking. To the extent that it is necessary to disclose “Confidential Information” or “Highly Confidential - Attorneys’ Eyes Only Information” to consultants, or percipient or expert witnesses as set forth above in paragraph 3(c)(d) and (f) and paragraph 4(b) and (c), the parties and their respective counsels agree to require the witness to read a copy of this Protective Order, and to evidence his or her agreement to be bound by its terms, conditions, and restrictions, by signing an undertaking in the form of the attached Undertaking Re Protective Order, which is attached hereto as Exhibit “A” (the “Written Undertaking”). 6. Manner of Means of Designation a. A Producing Party may designate any document or portion thereof as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” by affixing the - 8 = STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 Oo nv ~~ WW ND = O N D N N N RN ND ND ND m m e e e s e e 0 0 ~~ O N Wn bh W N = O v N N O N R W m o O Legend as provided under paragraph 1(1) to any document containing Confidential Information, Confidential Health Information, or Highly Confidential - Attorneys’ Eyes Only Information. b. If, through inadvertence, a Producing Party produces any document or portion thereof which contains Confidential Information or Highly Confidential - Attorneys’ Eyes Only Information but fails to designate the document as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” pursuant to this Stipulated Confidentiality Order by affixing the Legend as provided under paragraph 1(1), the Producing Party may subsequently designate the document as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” by providing replacement bates-numbered copies of the documents in question to counsel for all parties that contain the “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” legend; provided, however, in the event that a party produces voluminous documents for inspection only, no stamping need be made by the Producing Party in advance of the initial inspection and the following procedures shall apply: The Producing Party shall not be considered to have waived the confidential status of the document made available during such an initial inspection but not chosen by the inspecting party for copying. Thereafter, upon selection of specified documents for copying by the inspecting party, Producing Party shall, prior to providing copies of the selected documents to the requesting party, stamp each page of such documents as may contain Confidential Information or Confidential Health Information with the “Confidential” designation and Highly Confidential Information with the designation “Highly Confidential - Attorneys’ Eyes Only” designation. C. A Producing Party may also designate documents as Confidential by advising counsel of record to whom the documents are to be produced, in writing, of the Bates numbers of the documents which are designated Confidential pursuant to this Order. In the case of Confidential Information disclosed in a non-paper - 9. STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 O N Dn bs W o N N N N N N N N N = e m e e e m e e 0 - O N h E W N = O V 0 N N N W N Oo medium (e.g. videotape, audiotape, computer disks, etc.), the appropriate designation shall be affixed to the outside of the medium or its container so as to clearly give notice of the designation. Such designation is deemed to apply to the document itself and to the Confidential Information contained therein. 7. Designation of Documents Produced by Third Parties Any party may designate as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” any document that is produced or disclosed without such designation by any third party, within fifteen (15) days of receipt of such document (or such other time as may be agreed), provided that such document contains Confidential Information or Highly Confidential - Attorneys’ Eyes Only Information of a designating party and was given to the non-party on a confidential basis, in the following manner: a. Parties to this litigation may designate such document by sending written notice of such designation, accompanied by copies of the designated document bearing the Legend, to all other parties in possession or custody of such previously undesignated document or by reference to a Bates number of the document. Any party receiving such notice and copy of the designated document pursuant to this subparagraph shall, within fifteen (15) days of receipt of such notice (or such other time as may be agreed), return to the designating party all undesignated copies of such document in their custody or possession, alternately shall affix the Legend to all copies of such designated document in their custody or possession, or shall destroy any previously received versions of the document not bearing the “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” designation. b. Upon notice of designation pursuant to this paragraph, parties shall also: (i) Make no further disclosure of such designated document or information contained therein except as allowed under this Stipulated Confidentiality Order; (ii) take reasonable steps to notify any persons who were provided copies by the - 10 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 OO wn BA W N O D N ND ND N N N ND m e e m e s = e e e e ® J A hh Ab W N = © VW 0 NN a w n R W ND = O receiving party of such designated document of the terms of this Stipulated Confidentiality Order; and (iii) make a written request to reclaim any such designated document in the possession of any person not permitted access to such information under the terms of this Stipulated Confidentiality Order. 8. Designation of Transcripts. a. In the case of Confidential Information, Confidential Health Information or Highly Confidential - Attorneys’ Eyes Only Information revealed during a deposition or hearing, if designation of a portion of a transcript, including exhibits, is made by a statement by counsel to that effect on the record, or is otherwise made before the stenographer transcribing such depositions has disseminated to counsel for the parties the transcript of the deposition, the stenographer shall affix the appropriate Legend to the cover page and all appropriate pages of the transcript, and to each copy thereof. b. In the alternative, a party may provide the other party with a list of the page(s) of each deposition transcript and any exhibits attached thereto that the Party has designated as "Confidential" or “Highly Confidential - Attorneys’ Eyes Only” within thirty (30) days of receipt by counsel of the transcript unless otherwise agreed. Any documents designated "Confidential" which are made part of the transcript of such documents on which examination is taken during depositions shall maintain their character as Confidential under the terms of this agreement without further the necessity of further designation as such. 9. Copies. All copies of Confidential Documents or Highly Confidential - Attorneys’ Eyes Only Documents shall also constitute and be treated as Confidential Documents or Highly Confidential - Attorneys’ Eyes Only Documents as provided in this Stipulated Confidentiality Order. Any person making, or causing to be made, copies of any Confidential Documents shall make certain that each such copy bears the Legend pursuant to the requirements of this Stipulated - 11 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER OO 00 ~ 1 Ln Bh W N RN ND D N R R R e e e m e e s e oo 4a O n hh BR W N ~~ © VW XX NN O N Be W N = O Confidentiality Order. Nothing herein shall preclude any arrangement among the parties by which documents or other materials may be copied by the Producing Party. 10. Confidential Information and Confidential Health Information In Open Court. The procedures for use of Confidential Information, Confidential Health Information, or Highly Confidential - Attorneys’ Eyes Only Information during a hearing or trial in this matter shall be determined by the parties and the Court in advance of the hearing or trial. The parties shall refrain from including personal data identifiers or to redact such information when a party must file a document containing personal data identifiers. No party shall disclose designated Confidential Health Information in open court without prior consideration by the Court. 11. Filing Under Seal. a. “Confidential Information,” “Confidential Health Information,” or “Highly Confidential - Attorneys’ Eyes Only Information” may be referred to in interrogatories, interrogatory answers, motions, briefs or other papers filed with the Court and may be used in depositions, oral arguments or at trial in this action, either as exhibits or as the basis for questions and shall be governed by the provisions of California Rules of Court (“CRC”) 2.550 and 2.551. b. If any papers to be lodged or filed with the Court contain information and/or materials that have been designated as “Confidential,” the party filing the motion, brief or papers containing “Confidential Health Information.” “Confidential Information,” or “Highly Confidential - Attorneys’ Eyes Only” shall lodge the complete filing with the Court as prescribed in CRC 2.551(d) and also file those documents that are redacted so that they do not disclose the contents of the records that are subject to the confidentiality order as set forth in CRC 2.551(b)(3)(i1). - 12 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 ~~ O N wn =~ W D N O D N N ND ND N R R Y e e e m e s e e e e e e 0 -d J G N Lh BE WL ND = O O WV N n A W N = O G. The party filing the documents shall give written notice to the party that produced the records as set forth in CRC 2.551(b)(3)(ii1). If any party seeks to have any “Confidential Information,” “Confidential Health Information” or “Highly Confidential - Attorneys’ Eyes Only Information” contained in such filing sealed, that party shall promptly bring a motion under CRC 2.551 to have such “Confidential Information,” “Confidential Health Information,” or “Highly Confidential - Attorneys’ Eyes Only Information” remain sealed. In the event the Court denies the party’s motion to seal, or no such motion is brought within twenty (20) calendar days after such filing (unless such period is extended by the Court), the Clerk of the Court shall file the papers without being sealed and the “Confidential Information,” “Confidential Health Information,” or “Highly Confidential - Attorneys’ Eyes Only Information” will no longer be deemed “Confidential” or “Highly Confidential - Attorneys’ Eyes Only Information” in this action. In the event such a motion is denied in part, the filing party shall file a revised document, with only the portion of such filing found to fall within the requirements of the CRC 2.550 being filed under seal. d. In the event a Party files a document containing Confidential Information, Confidential Health Information, or Highly Confidential - Attorneys’ Eyes-Only Information other than in accordance with this paragraph, any Party may apply to the Court that such materials be placed under seal. 8, All pleadings and other court filings that contain Confidential Information, Confidential Health Information, or Highly Confidential - Attorneys’ Eyes-Only Information shall include on the first page of such document, and all copies thereof, a statement substantially to the effect that “This Document Contains CONFIDENTIAL Materials” or “This Document Contains HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY Materials.” - 13 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © © 3 O&O wn Kh WwW No = N O N D N D N N N N ND D m = e m = = e e © 3 A A W h BA W N = O VW N N N R W ND = O 12. Objections to Designation. Any party (the “Requesting Party”) may at any time request in writing that any information or document designated as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” be released from the requirements of this Stipulated Confidentiality Order, and, unless otherwise agreed in writing, the designating party shall meet and confer with the requesting party within ten (10) days of a written request. If an agreement cannot be reached by negotiation and the Court has not provided for a different procedure to handle such disputes, then the Requesting Party must make an application within thirty (30) days of the meet and confer discussed for a ruling from the Court challenging the continued application of the “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” designation of such information or document. In the event that such application is made, the information or document shall be submitted to the Court under seal for the Court’s review, and the terms of this Stipulated Protective Order shall continue to apply to such information or document until the Court rules on the application. The above procedure shall not preclude application to the Court on a more expedited basis as circumstances warrant. 13. Procedure for Disclosure to Other Persons. At any time, any Party may request in writing permission to disclose any document or other information designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” to any person other than those permitted access to such information under Paragraph 3 above. The Producing Party shall thereafter respond in writing within fourteen (14) days of receipt of the written request, and if] the requested permission is withheld, shall serve a written request to Producing Party. If consent has been withheld by any party, and the parties are subsequently unable to agree whether the requested disclosure should be allowed, or they cannot agree on the terms and conditions of disclosure, the matter may be submitted to the Court; provided, however, that until such time as the Court orders otherwise, no - 14 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER OO 0 1 OO Ln Hh WwW ND O N D N R N D s m e m = e e e e such disclosure shall be made. The above procedure shall not preclude application to the Court on a more expedited basis as circumstances warrant. 14. Further Confidentiality Orders/Objections Not Waived. The foregoing is without prejudice to the right of any party to this Stipulated Confidentiality Order: (a) To apply to the Court for a further confidentiality order relating to any Confidential Information, Confidential Health Information, or Highly Confidential - Attorneys’ Eyes Only Information or relating to any discovery in this litigation; (b) to resist or compel discovery with respect to, seek to obtain additional or different protection for, discovery material claimed to be protected work product or privileged under California or federal law, material as to which the Producing Party claims a legal obligation not to disclose, or material not required to be provided pursuant to California law; (c) to seek to modify or obtain relief from any aspect of this Stipulated Confidentiality Order; (d) to object to the use, relevance or admissibility at trial or otherwise of any discovery material, whether or not designated in whole or in part as Confidential Information or Highly Confidential - Attorneys’ Eyes Only Information subject to this Stipulated Confidentiality Order. 15. Subpoena of Confidential Documents. If at any time any document or information protected by this Stipulated Confidentiality Order is subpoenaed by any court, administrative or legislative body, or is requested by any other person or entity purporting to have authority to require the production of such information, the party to whom the subpoena or other request is directed shall immediately give written notice thereof to any Producing Party which has designated such information “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” so as to advise such person of the need to promptly obtain a confidentiality order or a notice to quash the subpoena. The burden shall be on the Producing Party, at its option, to timely file a motion for a confidentiality order. The pendency of this Stipulated Confidentiality Order shall - 15 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 O&O Dn pH WwW N o -_ Oo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not be grounds for refusing to provide such information in responses to the subpoena or formal request; however, the party receiving such a subpoena or form request shall advise the party serving the request of the existence and contents of the Stipulated Confidentiality Order. Nor shall the production of the Confidential Information or Confidential Health Information by a third party operate as a waiver of or otherwise limit the protections afforded to Documents or information which are subject to this Stipulated Confidentiality Order. 16. Continuation of Protection After Disposition. a. The termination of proceedings in the Litigation shall not relieve the parties from the obligation of maintaining the confidentiality of all Confidential Documents and Confidential Information and Confidential Health Information and Highly Confidential - Attorneys’ Eyes Only Information produced and designated pursuant to this Stipulated Confidentiality Order, unless the Court orders or permits otherwise. b. Upon the final disposition of the Litigation and receipt of a written notice from the Producing Party, the attorneys for the parties shall, at their option, either (a) return promptly to the Producing Party from whom it was obtained any document that has been designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only Information” and copies thereof; (b) destroy all documents that have been designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only Information” at the Producing Party’s request; or (c) maintain the documents as confidential or Highly Confidential - Attorneys’ Eyes Only pursuant to the provisions of this Order. Notwithstanding this provision, the parties to the Litigation may keep a complete set of deposition transcripts, all documents filed or lodged with the Court, which may include documents designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only Information” and any attorney work product, provided such information is stored in a manner so as to preserve its confidentiality. - 16 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 O N wn ~~ W N O N D N N N N N R N D e e e e e s e m e s e e 0 1 O N nn Dh W N = O Vv N N N R W ND O O 17. Inadvertent Failure to Designate Information Under this Stipulated Confidentiality Order. a. The inadvertent failure to designate information under this Stipulated Confidentiality Order prior to or at the time of disclosure shall not operate as a waiver of a party’s right to designate such information under this Order so long as such party takes steps to correct the designation of such information within a reasonable time and as set forth in paragraph 6, b. In the event that Confidential Information or Highly Confidential - Attorneys’ Eyes-Only Information is designated as Confidential or Highly Confidential - Attorneys’ Eyes-Only Information after production, the receiving party shall employ reasonable efforts to ensure that any inadvertently disclosed information is subsequently treated as required pursuant to the terms of this Stipulated Confidentiality Order. Gs However, in the event that Confidential Information is designated as Confidential or Highly Confidential - Attorneys’ Eyes Only Information after a receiving party filed such information with the Court, the party designating it Confidential or Highly Confidential - Attorneys’ Eyes Only Information after the receiving party’s filing of such information shall be responsible for filing a request to place such information under protective seal as set forth in paragraph 11. 18. Retroactive Application. The provisions of this Stipulated Confidentiality Order shall apply retroactively to all documents and information previously exchanged by either party to this action, including all responses to requests for admissions, requests for production of documents, and interrogatories that have been designated as Confidential or Highly Confidential - Attorneys’ Eyes Only. To the extent not already designated as Confidential or Highly Confidential - Attorneys’ Eyes Only, the Producing Party can designate any and all documents produced and/or provided as Confidential or Confidential Health Information or Highly Confidential - - 17 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 00 3 O N Wn HB L N W O N ND ND N R ) = e m e e e e e e e e Attorneys’ Eyes Only, within thirty (30) days of the execution of this Stipulated Confidentiality Order as provided in this Stipulated Confidentiality Order. 19. If, for any reason, the Court declines to approve this stipulation and sign the order below, the Parties nonetheless agree to be bound by the terms of this stipulation with respect to the production of documents during discovery for the duration of the lawsuit. 20. Facsimile or scanned signatures shall be accepted and treated as if they were original signatures hereon. IT IS SO STIPULATED. DATED: [¢b-2{, 709 STEPHENSON, ACQUISTO & COLMAN By: \/ ~ NINA ZHANG, ESQ Attorneys for: PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. DATED: DOLL AMIR & ELLEY LLP fa PAUL TORRES, ESQ Attorneys for: REGAL MEDICAL GROUP, INC. - 18 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 3 O&O wn ~~ WwW ND - D O N N N ND N N N N D m m e e e m e s e e e e C 0 J O N Wh Rh W N = OO Vw N N N W N e o ORDER GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective Order. IT IS SO ORDERED. Dated: The Hon. Steven J. Kleifield Superior Court Judge - 19 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER O© 0 3 8 wn bh WwW ND O 0 0 R R R R R mm em em mm e m em e e 0 QO A hh BA W N =~ SS VV N n R W N m Oo EXHIBIT A RE CONFIDENTIAL DISCOVERY MATERIALS I hereby acknowledge that I, [NAME], [POSITION AND EMPLOYER], am about to receive Confidential Materials supplied in connection with the Proceeding PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. v. REGAL MEDICAL GROUP, INC., Case No. BC687739, pending in the Superior Court of California, County of Los Angeles. I certify that I understand that the Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. I understand that Confidential Materials, as defined in the Stipulation and Protective Order, including any notes or other records that may be made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding. [ further understand that I am to retain all copies of all Confidential Materials provided to me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my personal custody until termination of my participation in this Proceeding, whereupon the copies of such Materials will be returned to counsel who provided me with such Materials. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. -2(0 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER OO 0 0 ~~ O N Dn BH W W ND o e N N N ND N D N ND ND m m e s e e s e s ee 00 ~~ O N Wh BA W R N = O OO NN N R W N D - Oo Executed this day of at DATED: BY: Signature Title Address City, State, Zip Telephone Number - 21 - STIPULATION AND [PROPOSED] PROTECTIVE ORDER © 0 J O N Wn BA W N ND N N N N N ND N N = m mm e m e m e m e m e m e m C O NN O N Ln BA A W I N D = O O 0 0 N O D B R E W I N = O PROOF OF SERVICE I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 25 February 2019, I served the foregoing document(s) entitled: STIPULATION AND [PROPOSED] PROTECTIVE ORDER by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [] [] [] [] [] BY U.S. MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight Federal Express Delivery Charges to be paid by this firm, to be deposited with the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(c) 1013(d)] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail on the aforementioned date. [C.C.P. 1013(c)] BY TELECOPIER: Service was effected on all parties at approximately ___:____ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(e), Cal. Civ. Proc. Code § 1013(e). © 0 J O N Wn BA W N ND N N N N N ND N N = m mm e m e m e m e m e m e m C O NN O N Ln BA A W I N D = O O 0 0 N O D B R E W I N = O [ X] BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [ X] State: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on 25 February 2019 in Burbank, California. Michael 2 , Marcus Michael P. Marcus Paralegal to Nina Zhang SERVICE LIST Paul Torres, Esq. Doll Amir & Elley LLP 1888 Century Park East, Suite 1850 Los Angeles, CA 90067 ptorres @dollamir.com
