OrderCal. Super. - 3rd Dist.June 9, 2021 [PROPOSED[ ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A TI O N A T TO R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 - 1 2 2 2 016785.00017 34477416.1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation Rex Darrell Berry, State Bar No. 110219 Rex.Berry@aalrr.com Brandon P. Jack, State Bar No. 325584 Brandon.Jackson@aalrr.com 2151 River Plaza Drive, Suite 300 Sacramento, California 95833-4130 Telephone: (916) 923-1200 Fax: (916) 923-1222 Attorneys for Defendant SUTTER VALLEY HOSPITALS dba SUTTER AUBURN FAITH HOSPITAL GERAGOS & GERAGOS A Professional Corporation Marcus Petoyan (SBN 109817) Historic Engine Co. NO. 28 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone: (213) 625-3900 Facsimile: (213) 232-3255 Email: Geragos@Geragos.com Attorneys for Plaintiff COURTNEY WILSON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER COURTNEY WILSON, Plaintiff, v. SUTTER VALLEY HOSPITALS, a California corporation; and DOES 1 through 100, inclusive, Defendants. Case No. S-CV-0046839 [PROPOSED[ ORDER GRANTING STIPULATED PROTECTIVE ORDER Complaint Filed: June 9, 2021 FAC Filed: July 12, 2021 Trial Date: TBD Filed - 10/14/2021 Electronically filed by Superior Court of California County of Placer on 10/14/2021 Jake Chatters, Clerk of the Court By O. Lucatuorto Deputy Clerk - 2 - [PROPOSED[ ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A TI O N A T TO R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 - 1 2 2 2 016785.00017 34477416.1 Having reviewed the parties’ Stipulated Protective Order (“Stipulated Protective Order”) and good cause appearing therefor, the Stipulated Protective Order filed concurrently herewith and attached hereto as Exhibit A is GRANTED. IT IS SO ORDERED. Dated: JUDGE OF THE SUPERIOR COURT 10/14/2021 Alan V. Pineschi EXHIBIT A STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation Rex Darrell Berry, State Bar No. 110219 Rex.Berry@aalrr.com Brandon P. Jack, State Bar No. 325584 Brandon.Jackson@aalrr.com 2151 River Plaza Drive, Suite 300 Sacramento, California 95833-4130 Telephone: (916) 923-1200 Fax: (916) 923-1222 Attorneys for Defendant SUTTER VALLEY HOSPITALS dba SUTTER AUBURN FAITH HOSPITAL GERAGOS & GERAGOS A Professional Corporation Marcus Petoyan (SBN 109817) Historic Engine Co. NO. 28 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone: (213) 625-3900 Facsimile: (213) 232-3255 Email: Geragos@Geragos.com Attorneys for Plaintiff COURTNEY WILSON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER COURTNEY WILSON, Plaintiff, v. SUTTER VALLEY HOSPITALS, a California corporation; and DOES 1 through 100, inclusive, Defendants. Case No. S-CV-0046839 STIPULATED PROTECTIVE ORDER Complaint Filed: June 9, 2021 FAC Filed: July 12, 2021 Trial Date: TBD - 2 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 STIPULATION 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this litigation are likely to involve production of confidential, proprietary, or private information (including, but not limited to, Protected Health Information) for which special protection from public disclosure and from use for any purpose other than this litigation would be warranted. Accordingly, Plaintiff Courtney Wilson and Defendant Sutter Valley Hospitals dba Sutter Auburn Faith Hospital (collectively, the “Parties”) hereby stipulate to and request that the Court enter the following Stipulated Protective Order (the “Protective Order”). The Parties acknowledge that this Protective Order does not confer blanket protections on all disclosures, responses, or objections to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. 2. DEFINITIONS 2.1. Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Protective Order. 2.2. “Confidential” Information or Items: Information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under Civil Code sections 3426.1-3426.11 and Code of Civil Procedure section 2031.060, including, but not limited to, proprietary information not generally known to the public that contains sensitive financial, technical, or competitive information, trade secrets, or current research and development that may harm the Designating Party’s business position if known by other parties or non-parties, and/or that the Designating Party would not disclose to competitors or third parties within the ordinary course of business. 2.3. Consultant: A person with specialized knowledge or experience in a matter pertinent to the litigation who: (i) has been retained by a Party or Outside Counsel to serve as a non-expert consultant in this action; (ii) is not a current employee of a Party or of a competitor of the opposing Party; (iii) at the time of retention, is not anticipated to become an employee of a Party or of a competitor of the opposing Party; and (iv) is not likely to be called as a percipient - 3 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 witness in the case. 2.4. Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as their support staffs). 2.5. Designating Party: A Party or Non-Party that designates information or items in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6. Discovery Material: All items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, declarations, documents, electronically stored information (“ESI”), testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter. 2.7. Expert: A person with specialized knowledge or experience in a matter pertinent to the litigation who: (i) has been retained by a Party or its counsel to serve as a testifying expert witness or as an expert consultant in this matter; (ii) is not a past or current employee, director, or officer of a Party or of a Party’s competitor; and (iii) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s competitor. 2.8. In-House Counsel: Attorneys who are employees of a Party to this action. 2.9. Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10. Outside Counsel: Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this litigation. 2.11. Party: Any named party to this litigation, including all of its officers, directors, employees. 2.12. Producing Party: A Party or Non-Party that produces Discovery Material in this litigation. 2.13. Professional Vendors: Persons or entities that provide litigation support services (e.g., ESI identification, extraction, collection, hosting, processing, search and review; photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving, or hosting data in any form or medium; etc.) and their employees and subcontractors. 2.14. Protected Health Information (“PHI”): Protected Health Information has the same - 4 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 scope and definition as set forth in 45 C.F.R. §§ 160.103 and 160.501 and includes “Medical Information” as defined by Cal. Civ. Code § 56.05. Without limiting the generality of the foregoing, “PHI” includes, but is not limited to “individually identifiable” records or information that contains any information that is sufficient to identify a particular patient. 2.15. Protected Material: Any Discovery Material that is designated as “CONFIDENTIAL.” 2.16. Receiving Party: A Party that receives Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by the Parties or counsel to or in the litigation that might reveal Protected Material. However, the protections conferred by this Protective Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Protective Order; and (b) any information known to the Receiving Party before the production or disclosure or obtained by the Receiving Party after the production or disclosure from a source who obtained the information lawfully and is under no obligation of confidentiality to the Designating Party. Additionally, the Parties anticipate that information produced in this matter will include health records and/or data that include the private health information of patients, including PHI. Generally, such information is protected from disclosure under the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d, et seq. (“HIPAA”) and the rules promulgated thereunder, as well as Cal. Civ. Code § 56.10, et seq. (“CMIA”). HIPAA permits disclosure of such information in litigation pursuant to a “qualified protective order” that limits the use or disclosure of the information to the litigation and requires return or destruction of the information at the end of the litigation. 45 C.F.R. § 164.512(e)(1)(V). In addition, CMIA permits disclosure of medical records when required by law or pursuant to a court order. Accordingly, good cause - 5 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 exists to protect any health records or data that may be produced in this litigation pursuant to the terms set forth in this Protective Order. All Parties and Receiving Parties will comply with all HIPAA and CMIA confidentiality requirements. 4. DURATION This Protective Order shall become effective as soon as counsel for all Parties have executed it, and shall remain effective unless and until this Court declines to enter this Protective Order, or the Parties agree to terminate it. Even after the termination of this litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or the Court otherwise orders. 5. DESIGNATING PROTECTED MATERIAL 5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Designating Party must take care to limit any such designation to specific material that qualifies under the appropriate standards. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions pursuant to applicable law. To the extent that a Non-Party’s confidential information is contained in Discovery Material produced by another Producing Party, that Producing Party will undertake good faith designations of Protected Material. That Producing Party, however, is not required to provide notice of such designation to the Non-Party unless it is contractually or otherwise obligated to do so. 5.2. Manner and Timing of Designations. Except as otherwise provided in this Protective Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material that qualifies for protection under this Protective Order must be clearly designated as such before the material is disclosed or produced. Designation in conformity with this Protective Order requires: (a) For information in documentary form, (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), the Producing Party shall affix the legend “CONFIDENTIAL,” in the document name for documents produced in - 6 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 native format, or to at least the first page of any document that contains Protected Material, and if feasible, to each page of any document that contains Protected Material. (b) For testimony given in a deposition, that testimony shall presumptively be entitled to designation as “CONFIDENTIAL.” The Party or Non-Party offering or sponsoring the testimony has the opportunity to identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony. When it is impractical to identify separately each portion of testimony that is entitled to the higher level of protection, and when it appears that substantial portions of the testimony may qualify for such protection, the Party or Non-Party that sponsors, offers, or gives the testimony may have up to twenty (20) days after receiving the final deposition transcript to identify the specific portions of the testimony as to which protection is sought and to specify the level of protection being asserted. During the pendency of the 20-day waiting period, the entire transcript is entitled to protection as “CONFIDENTIAL.” If a Party believes that a court proceeding will require testimony of “CONFIDENTIAL” materials, the Party must ensure the proper procedures are adopted by the Court to ensure the confidentiality of any such materials. A party’s failure to do so, or the Court’s failure to adopt any procedures after being made aware of the issue by a Party, will not waive any designation of “CONFIDENTIAL” on materials. (c) For information produced in electronic form, and for any other tangible items, the Producing Party must affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend “CONFIDENTIAL,” Receiving Parties are permitted to affix a confidentiality legend to or on individual electronic documents produced in this manner to facilitate tracking and proper use of Protected Material. 5.3. Inadvertent Failures to Designate. If a Producing Party inadvertently produces or provides discovery of any “CONFIDENTIAL” Information without designating, labeling, or marking it with the appropriate legend as provided in this Protective Order, the Producing Party may give written notice to the Receiving Party or Parties that the document, or other information, response or testimony is confidential and should be treated in accordance with the provisions of this Protective Order. Such inadvertent production shall not be a waiver of the protections of this - 7 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 Protective Order. The Receiving Party or Parties must treat such documents, information, responses and testimony as designated from the date that the Receiving Party or Parties receive such notice. Disclosure of such documents, information, responses or testimony before receipt of such notice to persons not authorized to receive “CONFIDENTIAL” Information is not be deemed a violation of this Protective Order; however, those persons to whom disclosure was made are to be advised that the material disclosed is “CONFIDENTIAL” and must be treated in accordance with this Protective Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1. Timing of Challenges. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. (a) Meet and Confer. A Party that elects to initiate a challenge to a Designating Party’s confidential designation must do so in good faith, and shall initiate the dispute resolution process by providing written notice via email of each designation it is challenging and describing the basis for each challenge (“Designation Objections”). The Parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (via email or in voice to voice dialogue) within five (5) days of the date of service of notice of the challenge, unless otherwise agreed by the Parties. The Designating Party shall have thirty (30) days from receipt of written Designation Objections to either (a) agree in writing to re-designate the documents, testimony, or information pursuant to any or all of the Designation Objections, and/or (b) file a motion with the Superior Court of California, County of Placer (the “Court”) seeking to uphold any or all confidential designations on the documents, testimony or information addressed by the designation objections (the “Designation Motion”). A Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely manner. - 8 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 6.2. Resolution by Court. The Parties agree that the Court shall have the authority to decide any such dispute if they are unable to resolve the dispute on their own. Until the Court has decided the dispute, all documents, deposition testimony or information designated as Confidential Material shall be treated as Confidential Material as provided in this Protective Order. The designating party shall have the burden on any Designation Motion of establishing the applicability of its “Confidential Material” designation. In the event the Designation Objections are neither timely agreed to nor timely addressed in a Designation Motion, then such documents, testimony or information shall be de-designated in accordance with the Designation Objections applicable to such material. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this matter only for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Protective Order. When the litigation has been terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Protective Order. 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Panel or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated CONFIDENTIAL only to: (a) The Receiving Party’s Outside Counsel, as well as employees of said Counsel to whom it is reasonably necessary to disclose the information for this litigation; (b) Current and former employees (including In-House Counsel) and current and former Contractors of the Receiving Party to whom disclosure is reasonably necessary because a Party: (i) believes they are likely to testify at the Court proceedings; or (ii) they can provide valuable insight and background context as to particular documents and/or communications based - 9 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 upon personal knowledge; (c) Experts of the Receiving Party to whom disclosure is reasonably necessary for this litigation; (d) The Court; (e) Court reporters and their staffs; (f) Consultants and Professional Vendors to whom disclosure is reasonably necessary for this litigation; (g) Witnesses to prepare for their depositions or testimony before the Court, to whom it is reasonably necessary to disclose the information for this litigation; and (h) The author of the document and any additional parties or individuals who have been copied as recipients of the document, or the original source of the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Receiving Party is served with a subpoena or an order issued in other litigation that would compel disclosure of any information or items designated in this litigation as “CONFIDENTIAL,” the Receiving Party must so notify the Designating Party, in writing, immediately and in no event more than three (3) court days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order. In the event such a subpoena requires the production of material containing PHI, the Receiving Party to whom the subpoena is directed must meet and confer with the Designating Party regarding the required redaction, de-identification and/or anonymization of such PHI before it is produced. The Receiving Party also must immediately inform in writing the Party who caused the subpoena or order to issue in the other litigation that some or all the material covered by the subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy of this Protective Order promptly to the Party in the other action that caused the subpoena or order to issue. The purpose of imposing these duties is to alert Non-Parties to the existence of this Protective Order and to afford that Producing Party in this case an opportunity to protect its - 10 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 confidentiality interests in the court from which the subpoena or order issued. After receipt of the notice specified under this section, the Designating Party shall have the sole responsibility for obtaining any order it believes necessary to prevent disclosure of documents designated, and the Receiving Party to whom the referenced subpoena or other request is directed shall be free to produce such document or information unless served within thirty (30) business days after the Designating Party’s receipt of the written notice with an appropriate order issued by a court of competent jurisdiction precluding such disclosure. The Designating Party will bear the burdens and the expenses of seeking protection in that court of its confidential material, and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this litigation to disobey a lawful order from another court. 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that it has disclosed Protected Material to any person or in any circumstance not authorized under this Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Protective Order, and (d) request such person or persons to execute the “Acknowledgment And Agreement To Be Bound By Protective Order” that is attached hereto as Exhibit A. 10. CLAWBACK: INADVERTENT DISCLOSURE OF PRIVILEGED MATERIAL To the extent not modified or otherwise addressed by this Protective Order, privileged information produced in this matter will be handled in accordance with Evidence Code section 952 et. seq. and Code of Civil Procedure sections 2018.030 and 2031.285. Due to the large volume of electronic and hard copy data in the possession, custody, or control of the Parties and the concerns regarding attorney-client privilege, work-product protection, and other privileges and immunities under applicable law (including, but not limited to, Cal. Evid. Code § 1157), this “Clawback” provision is intended to expedite and facilitate the production and clawback of electronic and hard copy data, information and documents, and to protect against waiver of any such privileges and immunities upon disclosure of such privileged or - 11 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 protected materials and information. Nothing in this Order may be construed to require the production of any information that a Party contends is protected from disclosure or production by the attorney-client privilege, the work product doctrine, and/or any other privilege or immunity. Nothing in this Order is intended to or does serve to limit or eliminate a Party’s ability or right to conduct a review of information for relevance, responsiveness, or segregation of privileged or protected information prior to production. (a) Non-Waiver. The disclosure or production of a communication or Discovery Material does not constitute a waiver of attorney-client privilege, work product immunity, or other immunity under applicable law in connection with this or any other federal or state proceeding or in any non-litigation matters and does not estop that Party or the privilege holder from designating the information or Discovery Material as attorney-client privileged or subject to the attorney work- product doctrine or other privilege or immunity at a later date. In addition, the privileges and immunities protecting any communications that are subsequently distributed internally to a Party’s employee(s) will not be destroyed by such distribution. The Parties agree that no affidavit or other evidence is required to prove that the privileges and immunities extend to internally distributed communications. Whether a party took reasonable steps or not to prevent disclosure, and whether or not the disclosure was inadvertent, shall have no bearing on whether there was waiver of the privilege or immunity, nor shall it have any bearing on whether the Receiving Party has an obligation to return and/or destroy the Discovery Material and all copies of the Discovery Material. Regardless of whether the Producing Party took reasonable steps to prevent disclosure, and regardless of whether the disclosure was inadvertent, there is no waiver of privileges or immunities and the Receiving Party shall return and/or destroy the Discovery Material and all copies thereof promptly as set forth in this Protective Order. (b) Disputing Claims of Privilege or Immunity over Produced Documents. If a Producing Party produces or discloses Discovery Material that it believes is subject to a claim of attorney-client privilege, work product immunity, or other immunity under applicable law, the Producing Party must give written notice to the Receiving Party or Parties that the Discovery - 12 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 Material is subject to a claim of attorney-client privilege, work product immunity, or other privilege or immunity under applicable law and request that the document be returned to the Producing Party. The Producing Party is not required to provide any explanation or evidence regarding the reasonableness of efforts taken to prevent such disclosure or production and the Receiving Party agrees to not challenge the reasonableness of such efforts. A Receiving Party must promptly alert the Producing Party if information that is produced, disclosed, or exhibited by a Producing Party appears, either on its face or in light of facts known to the Receiving Party, to be privileged or protected. If the Receiving Party disclosed to others the privileged or protected information before being notified, it must take reasonable steps to retrieve and prevent all further use or distribution of such information. The Receiving Party or Receiving Parties must, to the extent technically feasible, return to the Producing Party (with the cost borne by the Producing Party) and/or destroy such Discovery Material and destroy any and all copies within ten (10) days of the receipt of such a request, regardless of whether the Receiving Party agrees with the claim of privilege and/or immunity and regardless of whether the Receiving Party intends to challenge the claim of privilege or other protection. Any such Discovery Material that may exist on any computer or back-up media that cannot be reasonably deleted may be retained until such time as they are subject to routine deletion or destruction provided that no person attempts to access the contents of the information unless allowed under the terms of this Protective Order. Return or destruction of the Discovery Material by the Receiving Party does not constitute an admission or concession, or permit any inference, that the returned Discovery Material is, in fact, properly subject to a claim of attorney-client privilege, work product immunity, or other privilege or immunity under applicable law, nor does it foreclose any Party from moving the Court for an order that such Discovery Material has been improperly designated or should be produced for reasons other than waiver. The Receiving Party may not use or disclose the privileged or protected information, in any manner or for any purpose, unless and until after the Court has determined that the information is not privileged or protected. Nothing herein prevents the Receiving Party from challenging the propriety of the claim of attorney-client privilege, work product immunity, or any - 13 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 other applicable privilege or immunity by submitting a written challenge to the Court. However, the party challenging the privilege or protection may not submit the Discovery Material at issue to the Court for determination of the applicability of the privilege or immunity and may not refer to the contents of the Discovery Material at issue other than what is provided by the Party in a privilege log entry. The mis-designation of information does not, in any way, affect the Court’s determination as to whether the information is entitled to the requested privileged or protected status. 11. FINAL DISPOSITION Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60) days after the final termination of this litigation, each Receiving Party must either return all Protected Material to the Producing Party or destroy the Protected Material, except that Protected Material containing PHI must be either returned to the Producing Party or destroyed within thirty (30) days after the earlier of: (a) final termination of this litigation or (b) when it is no longer reasonably necessary for the prosecution of the claims or defenses in this litigation. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries or any other form of reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party by the 60-day deadline that identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and that affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms of reproducing or capturing any of the Protected Material, except that for Protected Material containing PHI, the Receiving Party must submit such a written certification to the Producing Party by the thirty-day deadline. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence, notes or attorney work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above. Counsel are also permitted to retain the following metadata and work product for Protected Material subject to sealing and/or a motion to seal: MD5 Hash value; fields - 14 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 related to Sealing Status. 12. MISCELLANEOUS 12.1. Right to Further Relief. Nothing in this Protective Order shall prevent the Parties from agreeing to amend this Protective Order, nor shall it prevent any Party from moving for an amendment of this Protective Order either during or after the conclusion of this litigation. This Protective Order shall not prejudice in any way the rights of a Party to apply to the Court for any additional protection with respect to the confidentiality of documents or information as that Party may consider appropriate. 12.2. Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to the use in evidence of any of the material covered by this Protective Order. 12.3. Party’s Own Materials. Nothing in this Protective Order shall limit a Party’s right to use its own Protected Material as it deems appropriate. 12.4. Retroactivity. Protected Material already distributed or exchanged in this proceeding is hereby retroactively deemed Protected Material. 12.5. Interpretation and Enforcement. The Court is responsible for the interpretation and enforcement of this Protective Order. All disputes concerning Discovery Material produced under the protection of this Protective Order shall be resolved by the Court. Any individual who receives any Discovery Material agrees to subject himself or herself to the jurisdiction of this Court for the purposes of any proceedings related to performance under, compliance with, or violation of this Protective Order. 12.6. Modification. No part of the restrictions imposed by this Protective Order may be waived or terminated, except by the written stipulation executed by counsel of record for each Party, or by an order of the Court for good cause shown. IT IS SO STIPULATED, THROUGH THE PARTIES’ UNDERSIGNED COUNSEL OF RECORD. - 16 - STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A T IO N A T T O R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 -1 2 2 2 016785.00017 34259464.1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER I, ___________________________________ (name) of _________________________ (organization name), hereby declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order (“Protective Order”) that was issued by the Superior Court of the State of California, County of Placer, in the case of Courtney Wilson v. Sutter Valley Hospitals dba Sutter Auburn Faith Hospital, a California corporation and DOES 1 through 100, inclusive, Case No. S-CV-0046839. I agree to comply with and to be bound by all the terms of this Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and/or other punishment, such as in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with the provisions of this Protective Order. I further agree to submit to the jurisdiction of Superior Court in which this matter is pending for the purpose of enforcing the terms and remedying violations of this Protective Order. Signature: Printed name: Date: City and State where sworn and signed: STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A TK IN SO N , A N D EL SO N , L O Y A , R U U D & R O M O A P RO FE SS IO N A L C O RP O RA TI O N A TT O RN EY S A T LA W 2 15 1 R IV E R P LA ZA D R IV E , SU IT E 3 0 0 SA C R A M E N TO , C A LI FO R N IA 9 58 3 3- 4 1 3 0 TE LE P H O N E : ( 9 1 6) 9 2 3- 1 20 0 FA X : ( 91 6) 9 2 3 -1 2 22 016785.00017 34259464.1 PROOF OF SERVICE (CODE CIV. PROC. § 1013A(3)) STATE OF CALIFORNIA, COUNTY OF SACRAMENTO I am employed in the County of Sacramento, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 2151 River Plaza Drive, Suite 300, Sacramento, California 95833-4130. On September 20, 2021, I served the following document(s) described as STIPULATED PROTECTIVE ORDER on the interested parties in this action as follows: Marcus Petoyan GERAGOS & GERAGOS 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone: (213) 625-3900 Facsimile: (213) 232-3255 Email: geragos@geragos.com; marcus@geragos.com; eller@geragos.com Attorneys for Plaintiff Courtney Wilson ☒ BY EMAIL: My electronic service address is Kathy.Rockenstein@aalrr.com. Based on a written agreement of the parties pursuant to California Code of Civil Procedure § 1010.6 to accept service by electronic means, I sent such document(s) to the email address(es) listed above or on the attached Service List. Such document(s) was scanned and emailed to such recipient(s) and email confirmation(s) will be maintained with the original document in this office indicating the recipients’ email address(es) and time of receipt pursuant to CCP § 1013(a). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 20, 2021, at Sacramento, California. Katherine L. Rockenstein [PROPOSED[ ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A T K IN S O N , A N D E L S O N , L O Y A , R U U D & R O M O A P R O F E S S IO N A L C O R P O R A TI O N A T TO R N E Y S A T L A W 2 1 5 1 R IV E R P L A Z A D R IV E , S U IT E 3 0 0 S A C R A M E N T O , C A L IF O R N IA 9 5 8 3 3 -4 1 3 0 T E L E P H O N E : ( 9 1 6 ) 9 2 3 -1 2 0 0 F A X : ( 9 1 6 ) 9 2 3 - 1 2 2 2 016785.00017 34477416.1 PROOF OF SERVICE (CODE CIV. PROC. § 1013A(3)) STATE OF CALIFORNIA, COUNTY OF SACRAMENTO I am employed in the County of Sacramento, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 2151 River Plaza Drive, Suite 300, Sacramento, California 95833-4130. On September 20, 2021, I served the following document(s) described as [PROPOSED[ ORDER GRANTING STIPULATED PROTECTIVE ORDER on the interested parties in this action as follows: Marcus Petoyan GERAGOS & GERAGOS 644 South Figueroa Street Los Angeles, CA 90017-3411 Telephone: (213) 625-3900 Facsimile: (213) 232-3255 Email: geragos@geragos.com; marcus@geragos.com; eller@geragos.com Attorneys for Plaintiff Courtney Wilson ☒ BY EMAIL: My electronic service address is Kathy.Rockenstein@aalrr.com. Based on a written agreement of the parties pursuant to California Code of Civil Procedure § 1010.6 to accept service by electronic means, I sent such document(s) to the email address(es) listed above or on the attached Service List. Such document(s) was scanned and emailed to such recipient(s) and email confirmation(s) will be maintained with the original document in this office indicating the recipients’ email address(es) and time of receipt pursuant to CCP § 1013(a). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 20, 2021, at Sacramento, California. Katherine L. Rockenstein
