United States of America v. Nationwide Medical, Inc.

Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 1 of 16 Page ID #:264 1 JUSTIN T. BERGER (SBN 250346) jberger@cpmlegal.com 2 THERESA E. VITALE (SBN 333993) tvitale@cpmlegal.com 3 COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road 4 Burlingame, California 94010 Telephone: (650) 697-6000 5 Facsimile: (650) 692-3606 6 Attorneys for Relators [7] IN THE UNITED STATES DISTRICT COURT [8] FOR THE CENTRAL DISTRICT OF CALIFORNIA [9] UNITED STATES OF AMERICA ex rel. Case No. 2:20-cv-07736-MWF-PD [10] CURT CANALES and DOUG 11 BELLOWS, STIPULATED PROTECTIVE [12] Plaintiffs, ORDER 1 [13] v. [14] NATIONWIDE MEDICAL, INC., a [15] California Corporation; and DOES 1-100, 16 inclusive, [17] Defendants. [27] 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under ♼ Magistrate Judge Patricia Donahue’s Procedures. COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 2 of 16 Page ID #:265 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use 4 for any purpose other than prosecuting this litigation may be warranted, including, but 5 not limited to, confidential health information regarding non-parties. Accordingly, the 6 parties hereby stipulate to and petition the Court to enter the following Stipulated 7 Protective Order. The parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or items that are 10 entitled to confidential treatment under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve confidential health information regarding non13 parties for which special protection from public disclosure and from use for any purpose 14 other than prosecution of this action is warranted. Such confidential materials and 15 information consist of, among other things, confidential health and medical records of 16 third-party patients, information otherwise generally unavailable to the public, or which 17 may be privileged or otherwise protected from disclosure under state or federal statutes, 18 court rules, case decisions, or common law. Accordingly, to expedite the flow of 19 information, to facilitate the prompt resolution of disputes over confidentiality of 20 discovery materials, to adequately protect information the parties are entitled to keep 21 confidential, to ensure the parties are permitted reasonable necessary uses of such 22 material in preparation for and in the conduct of trial, to address their handling at the end 23 of litigation, and serve the ends of justice, a protective order for such information is 24 justified in this matter. It is the intent of the parties that information will not be designated 25 as confidential for tactical reasons and that nothing be so designated without a good faith 26 belief that it has been maintained in a confidential, non-public manner, and there is good 27 cause why it should not be part of the public record of this case. 28 /// ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 1 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 3 of 16 Page ID #:266 1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 2 The parties further acknowledge, as set forth in Section 12.3, below, that this 3 Stipulated Protective Order does not entitle them to file confidential information under 4 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 5 standards that will be applied when a party seeks permission from the court to file 6 material under seal. 7 There is a strong presumption that the public has a right of access to judicial 8 proceedings and records in civil cases. In connection with non-dispositive motions, good 9 cause must be shown to support a filing under seal. See Kamakana v. City and County 10 of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 11 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 12 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause 13 showing), and a specific showing of good cause or compelling reasons with proper 14 evidentiary support and legal justification, must be made with respect to Protected 15 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure 16 or Discovery Material as CONFIDENTIAL does not—without the submission of 17 competent evidence by declaration, establishing that the material sought to be filed under 18 seal qualifies as confidential, privileged, or otherwise protectable—constitute good 19 cause. 20 Further, if a party requests sealing related to a dispositive motion or trial, then 21 compelling reasons, not only good cause, for the sealing must be shown, and the relief 22 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 23 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 24 of information, document, or thing sought to be filed or introduced under seal in 25 connection with a dispositive motion or trial, the party seeking protection must articulate 26 compelling reasons, supported by specific facts and legal justification, for the requested 27 sealing order. Again, competent evidence supporting the application to file documents 28 under seal must be provided by declaration. ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 2 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 4 of 16 Page ID #:267 1 Any document that is not confidential, privileged, or otherwise protectable in its 2 entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document, shall be 5 filed. Any application that seeks to file documents under seal in their entirety should 6 include an explanation of why redaction is not feasible. 7 2. DEFINITIONS 8 2.1 Action: United States of America ex rel. Curt Canales and Doug Bellows v. 9 Nationwide Medical, Inc., Case No. 2:20-cv-07736-MWF-PD. 10 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 11 information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 13 it is generated, stored or maintained) or tangible things that qualify for protection under 14 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 15 Statement. Confidential Information or Items also include, but are not limited to, 16 “Confidential Health Information,” which includes “individually identifiable health 17 information” as defined in 45 C.F.R. § 160.103 , and “medical information” as defined 18 in Cal. Civil Code § 56.05 (j). Any Confidential Health Information/medical information 19 produced may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a; to the 20 provisions of 45 C.F.R. §§ 164.102-164.534 ; to the provisions of 42 U.S.C. § 1306 ; to 21 the provisions of Cal. Civil Code §§ 56.05 et. seq., the California Confidentiality of 22 Medical Information Act; to the peer review confidentiality provisions set forth in 23 California Evidence Code § 1157, and/or to the privacy provisions of various state(s) 24 law(s), and there may be no waiver or authorization by the patient or other holder of 25 privilege/protection to produce the records to any entity outside one of the Parties. All 26 patient files, medical records and documents, or other materials containing individually 27 identifiable health information, and the proceedings and records of peer review 28 committees, shall be deemed to be CONFIDENTIAL. ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 3 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 5 of 16 Page ID #:268 1 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 2 support staff). 3 2.5 Designating Party: a Party or Non-Party that designates information or 4 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 5 2.6 Disclosure or Discovery Material: all items or information, regardless of the 6 medium or manner in which it is generated, stored, or maintained (including, among 7 other things, testimony, transcripts, and tangible things), that are produced or generated 8 in disclosures or responses to discovery in this matter. 9 2.7 Expert: a person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 11 expert witness or as a consultant in this Action. 12 2.8 House Counsel: attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other outside counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association, or 15 other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 17 this Action but are retained to represent or advise a party to this Action and have appeared 18 in this Action on behalf of that party or are affiliated with a law firm which has appeared 19 on behalf of that party and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation support 26 services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 28 their employees and subcontractors. ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 4 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 6 of 16 Page ID #:269 1 2.14 Protected Material: any Disclosure or Discovery Material that is designated 2 as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 4 from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only Protected 7 Material (as defined above), but also (1) any information copied or extracted from 8 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 9 Material; and (3) any testimony, conversations, or presentations by Parties or their 10 Counsel that might reveal Protected Material. 11 Any use of Protected Material at trial shall be governed by the orders of the trial 12 judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION 14 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 15 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. 16 Except as set forth below, the terms of this protective order apply through FINAL 17 DISPOSITION of the action. The parties stipulate that they will be contractually bound 18 by the terms of this agreement beyond FINAL DISPOSITION but will have to file a 19 separate action for enforcement of the agreement once all proceedings in this case are 20 complete. 21 Once a case proceeds to trial, information that was designated as 22 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as 23 an exhibit at trial becomes public and will be presumptively available to all members of 24 the public, including the press, unless compelling reasons supported by specific factual 25 findings to proceed otherwise are made to the trial judge in advance of the trial. See 26 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing 27 documents produced in discovery from “compelling reasons” standard when merits28 related documents are part of court record). Accordingly, for such materials, the terms ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 5 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 7 of 16 Page ID #:270 1 of this protective order do not extend beyond the commencement of the trial. 2 5. DESIGNATING PROTECTED MATERIAL 3 5.1 Exercise of Restraint and Care in Designating Material for Protection. 4 Each Party or Non-Party that designates information or items for protection under 5 this Order must take care to limit any such designation to specific material that qualifies 6 under the appropriate standards. The Designating Party must designate for protection 7 only those parts of material, documents, items, or oral or written communications that 8 qualify so that other portions of the material, documents, items, or communications for 9 which protection is not warranted are not swept unjustifiably within the ambit of this 10 Order. 11 Mass, indiscriminate, or routinized designations are prohibited. Designations that 12 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 13 to unnecessarily encumber the case development process or to impose unnecessary 14 expenses and burdens on other parties) may expose the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. 19 Except as otherwise provided in this Order (see, e.g., second paragraph of section 20 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material 21 that qualifies for protection under this Order must be clearly so designated before the 22 material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 26 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 27 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 28 portion or portions of the material on a page qualifies for protection, the Producing Party ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 6 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 8 of 16 Page ID #:271 1 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 2 in the margins). 3 A Party or Non-Party that makes original documents available for inspection need 4 not designate them for protection until after the inspecting Party has indicated which 5 documents it would like copied and produced. During the inspection and before the 6 designation, all of the material made available for inspection shall be deemed 7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 8 copied and produced, the Producing Party must determine which documents, or portions 9 thereof, qualify for protection under this Order. Then, before producing the specified 10 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 11 that contains Protected Material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 (b) for testimony given in depositions that the Designating Party identify 15 the Disclosure or Discovery Material on the record, before the close of the deposition all 16 protected testimony. 17 (c) for information produced in some form other than documentary and for 18 any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information is stored the legend 20 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 21 the Producing Party, to the extent practicable, shall identify the protected portion(s). 22 5.3 Inadvertent Failures to Designate. 23 If timely corrected, an inadvertent failure to designate qualified information or 24 items does not, standing alone, waive the Designating Party’s right to secure protection 25 under this Order for such material. Upon timely correction of a designation, the 26 Receiving Party must make reasonable efforts to assure that the material is treated in 27 accordance with the provisions of this Order. 28 Moreover, any document containing Confidential Health Information/medical ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 7 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 9 of 16 Page ID #:272 1 information shall be treated as Protected Material regardless of whether or not such a 2 designation is included in or on the document. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 5 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 7 process under Local Rule 37.1 et seq. 8 6.3 The burden of persuasion in any such challenge proceeding shall be on the 9 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 10 to harass or impose unnecessary expenses and burdens on other parties) may expose the 11 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 12 the confidentiality designation, all parties shall continue to afford the material in question 13 the level of protection to which it is entitled under the Producing Party’s designation 14 until the Court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. 17 A Receiving Party may use Protected Material that is disclosed or produced by 18 another Party or by a Non-Party in connection with this Action only for prosecuting, 19 defending, or attempting to settle this Action. Such Protected Material may be disclosed 20 only to the categories of persons and under the conditions described in this Order. When 21 the Action has been terminated, a Receiving Party must comply with the provisions of 22 section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 27 Unless otherwise ordered by the court or permitted in writing by the Designating 28 Party, a Receiving Party may disclose any information or item designated ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 8 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 10 of 16 Page ID #:273 1 “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 3 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 4 to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of 6 the Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 14 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or a 16 custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in 18 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 20 be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 22 by the Designating Party or ordered by the court. Pages of transcribed deposition 23 testimony or exhibits to depositions that reveal Protected Material may be separately 24 bound by the court reporter and may not be disclosed to anyone except as permitted 25 under this Stipulated Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 28 /// ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 9 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 11 of 16 Page ID #:274 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include a 11 copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 23 IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the remedies 27 and relief provided by this Order. Nothing in these provisions should be construed as 28 prohibiting a Non-Party from seeking additional protections. ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 10 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 12 of 16 Page ID #:275 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is subject 3 to an agreement with the Non-Party not to produce the Non-Party’s confidential 4 information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may 15 produce the Non-Party’s confidential information responsive to the discovery request. If 16 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 17 information in its possession or control that is subject to the confidentiality agreement 18 with the Non-Party before a determination by the court. Absent a court order to the 19 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 20 court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 26 all unauthorized copies of the Protected Material, (c) inform the person or persons to 27 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 28 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 11 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 13 of 16 Page ID #:276 1 that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, the 6 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 7 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 8 established in an e-discovery order that provides for production without prior privilege 9 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 10 an agreement on the effect of disclosure of a communication or information covered by 11 the attorney-client privilege or work product protection, the parties may incorporate their 12 agreement in the stipulated protective order submitted to the court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 15 person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 20 to use in evidence of any of the material covered by this Protective Order. 21 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 22 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 23 under seal pursuant to a court order authorizing the sealing of the specific Protected 24 Material at issue. If a Party's request to file Protected Material under seal is denied by 25 the court, then the Receiving Party may file the information in the public record unless 26 otherwise instructed by the court. 27 13. FINAL DISPOSITION 28 After the final disposition of this Action, as defined in paragraph 4, within 60 days ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 12 MCCARTHY, LLP Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 14 of 16 Page ID #:277 1 of a written request by the Designating Party, each Receiving Party must return all 2 Protected Material to the Producing Party or destroy such material. As used in this 3 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 4 summaries, and any other format reproducing or capturing any of the Protected Material. 5 Whether the Protected Material is returned or destroyed, the Receiving Party must 6 submit a written certification to the Producing Party (and, if not the same person or entity, 7 to the Designating Party) by the 60 day deadline that (1) identifies (by category, where 8 appropriate) all the Protected Material that was returned or destroyed and (2)affirms that 9 the Receiving Party has not retained any copies, abstracts, compilations, summaries or 10 any other format reproducing or capturing any of the Protected Material. 11 14. Any violation of this Order may be punished by any and all appropriate measures 12 including, without limitation, contempt proceedings and/or monetary sanctions. [28] ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 13 MCCARTHY, LLP Case □□□□□□□□□□□□□□□□□□□□□ Document 51 Filed 09/20/22 Page 15o0f16 Page ID #:278 1 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 Dated: September 19, 2022 COTCHETT, PITRE & McCARTHY, LLP 5 By: /s/Justin T. Berger JUSTIN T. BERGER 6 THERESA E. VITALE 7 Attorneys for Relators 9 Dated: September 19, 2022 JACOBS & DODDS 10 By: /s/Paul N. Jacobs PAUL N. JACOBS 11 Attorney for Defendant Nationwide Medical, Inc. [13] Dated: September 19, 2022 BROWN & FORTUNATO, P.C. [14] 15 By: /s/Bradley W. Howard BRADLEY W. HOWARD 16 JARED W. BARTON Attorneys for Defendant Nationwide Medical, Inc. [18] 19 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [20] 21 A}, Vena 2 » Dated: September 20, 2022 Lena HON. PATRICIA DONAHUE 23 United States Magistrate Judge [28] @ ee corcserrmne® || STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 14 Case 2:20-cv-07736-MWF-PD Document 51 Filed 09/20/22 Page 16 of 16 Page ID #:279 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _____________________________ [print or type full address], declare under penalty 5 of perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on [date] in the case of United States of America ex rel. Curt Canales and 8 Doug Bellows v. Nationwide Medical, Inc., Case No. 2:20-cv-07736-MWF-PD. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the provisions 14 of this Order. I further agree to submit to the jurisdiction of the United States District 15 Court for the Central District of California for the purpose of enforcing the terms of 16 this Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint _____________________________ [print 18 or type full name] of _____________________________ [print or type full address 19 and telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. [22] 23 Date: 24 City and State where sworn and signed: 25 Printed name: 26 Signature: [28] ♼ COL TA CW HE O TTF ,F PI IC TE RES & STIPULATED PROTECTIVE ORDER; Case No. 2:20-cv-07736-MWF-PD 15 MCCARTHY, LLP