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1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
2 2255 Calle Clara
La Jolla, CA 92037
3 Tel: 858.551.1223
Fax: 858.551.1232
4 norm@bamlawca.com
5 Attorneys for Plaintiff
ANDREA SPEARS
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SETAREH LAW GROUP ^
7 SHAUN SETAREH (SBN 204514)
shaun@setarehlaw.com
8 9454 Wilshire Blvd., Suite 907
Beverly Hills, CA 90212
9 Telephone: (310) 888-7771
10 Attorneys for Plaintiff
TOMAS R. ARANA
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*** COUNSEL FOR DEFENDANT ON NEXT PAGE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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15 ANDREA SPEARS, an individual, on behalf Consolidated Case No.
of herself and on behalf of all persons 34-2017-00210560-CU-OE-GDS
16 simileirly situated,
ASSIGNED FOR ALL PURPOSES TO
17 Plaintiff, JUDGE ALAN G. PERKINS, DEPT 35
18 STIPULATION AND [PROPOSED]
PROTECTIVE ORDER RE
19 HEALTH NET OF CALIFORNIA, INC., a CONFIDENTIAL MATERIAL
Califomia Corporation; and Does 1 through
20 50, inclusive.
Complaint Filed: April 5, 2017
21 Defendants. FAC Filed: June 29, 2017
22
TOMAS R. ARANA, on behalf of himself, Complaint Filed: August 1, 2017.
23 all others similarly situated. FAC Filed: October 3, 2017
24 Plaintiff,
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26 HEALTH NET, INC., a Delaware
corporation; and DOES 1-50, inclusive,
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Defendant.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
36 OIISUSA:767407060.2
ClNi^
TIMOTHY J. LONG (SBN 137591)
tjlong@orrick.com
2 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall
3 Suite 3000
Sacramento, Califomia 95814-4497
4 Telephone: +1 916 447 9200
Facsimile: +1 916 329 4900
5
STEPHANIE GAIL LEE (SBN 285379)
6 slee@orrick:.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
7 777 South Figueroa Street, Suite 3200
Los Angeles, California 90017
8 Telephone: (213)629-2020
Facsimile: (213)612-2499
9
Attomeys for Defendant
10 HEALTH NET OF CALIFORNIA, INC.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
OHSUSA;767407060.2
1 IT IS HEREBY STIPULATED by and between the Parties to Andrea Spears v. Health
2 Net of California, Inc., by and through their respective counsel of record, that in order to facilitate
3 the exchange of information and documents which may be subject to confidentiality limitations on
4 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
5 1. In this Stipulation and Protective Order, the words set forth below shall have the
6 following meemings:
7 a. "Proceeding" means the above-entitled proceeding. Case No. 34-2017-
8 00210560-CU-OE-GDS.
9 b. "Court" means the Hon. Alan G. Perkins, or any other judge to which this
10 Proceeding may be assigned, including Court staff participating in such proceedings.
11 c. "Confidential" means any information which is in the possession of a
12 Designating Party who believes in good faith that such information is entitled to confidential
13 treatment under applicable law.
14 d. "Confidential Materials" means any Documents, Testimony or Information
15 as defined below designated as "Confidential" pursuant to the provisions of this Stipulation and
16 Protective Order.
17 e. "Designating Party" means the Party that designates Materials as
18 "Confidential."
19 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give, or
20 make available Materials, or any part thereof, or any information contained therein.
21 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as those
22 terms are defined by Califomia Evidence Code Sections 250, 255, and 260, which have been
23 produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or
24 summaries of all or any part of the foregoing.
25 h. "Information" means the content of Documents or Testimony.
26 i. "Testimony" means all depositions, declarations or other testimony taken or
27 used in this Proceeding.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
OHSUSA:767407060.2
1 2. The Designating Party shall have the right to designate as "Confidential" any
2 Documents, Testimony or Information that the Designating Party in good faith believes to contain
3 non-public information that is entitled to confidential treatment under applicable law.
4 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or
5 abridge any right, privilege or protection otherwise available to any Party with respect to the
6 discovery of matters, including but not limited to any Party's right to assert the attomey-client
7 privilege, the attomey work product doctrine, or other privileges, or any Party's right to contest any
8 such assertion.
9 4. Any Documents, Testimony or Information to be designated as "Confidential" must
10 be clearly so designated before the Document, Testimony or Information is Disclosed or produced.
11 The parties may agree that the case name and number are to be part of the "Confidential"
12 designation. The "Confidential" designation should not obscure or interfere with the legibility of
13 the designated Information.
14 a. For Documents (apart from transcripts of depositions or other pretrial or trial
15 proceedings), the Designating Party must affix the legend "Confidenfial" on each page of any
16 Document containing such designated Confidential Material.
17 b. For Tesfimony given in depositions the Designafing Party may either:
18 i. identify on the record, before the close of the deposition, all
19 "Confidenfial" Testimony, by specifying all portions of the Testimony that qualify as
20 "Confidenfial;" or
21 ii. designate the entirety of the Testimony at the deposition as
22 "Confidential" (before the deposifion is concluded) with the right to idenfify more specific portions
23 of the Testimony as to which protecfion is sought within 30 days following receipt of the deposifion
24 transcript. In circumstances where portions of the deposition Testimony are designated for
25 protection, the transcript pages containing "Confidential" Information may be separately bound by
26 the court reporter, who must affix to the top of each page the legend "Confidential," as instructed
27 by the Designating Party.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
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1 c. For Information produced in some form other than Documents, and for any
2 other tangible items, including, without limitation, compact discs or DVDs, the Designating Party
3 must affix in a prominent place on the exterior of the container or containers in which the
4 Infonnation or item is stored the legend "Confidential." If only portions of the Informafion or item
5 warrant protection, the Designating Party, to the extent practicable, shall identify the "Confidential"
6 portions.
7 5. The inadvertent production by any of the undersigned Parties or non-Parties to the
8 Proceedings of any Document, Testimony or Information during discovery in this Proceeding
9 without a "Confidential" designation, shall be without prejudice to any claim that such item is
10 "Confidenfial" and such Party shall not be held to have waived any rights by such inadvertent
11 producfion. In the event that any Document, Testimony or Infonnation that is subject to a
12 "Confidenfial" designafion is inadvertently produced without such designation, the Party that
13 inadvertently produced the document shall give written notice of such inadvertent production
14 within twenty (20) days of discovery of the inadvertent producfion, together with a further copy of
15 the subject Document, Testimony or Information designated as "Confidential" (the "Inadvertent
16 Production Notice"). Upon receipt of such Inadvertent Production Notice, the Party that received
17 the inadvertently produced Document, Testimony or Information shall promptly destroy the
18 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the
19 expense of the producing Party, return such together with all copies of such Document, Testimony
20 or Information to counsel for the producing Party and shall retain only the "Confidential"
21 designated Materials. Should the receiving Party choose to destroy such inadvertently produced
22 Document, Testimony or Information, the receiving Party shall notify the producing Party in
23 writing of such destruction within ten (10) days of receipt of written notice of the inadvertent
24 production. This provision is not intended to apply to any inadvertent production of any
25 Information protected by attorney-client or work product privileges. In the event that this provision
26 conflicts with any applicable law regarding waiver of confidentiality through the inadvertent
27 production of Documents, Testimony or Information, such law shall govern.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
OHSUSA:767407060.2
1 6. In the event that counsel for a Party receiving Documents, Testimony or Information
2 in discovery designated as "Confidential" objects to such designation with respect to any or all of
3 such items, said counsel shall advise counsel for the Designating Party, in writing, of such
4 objections, the specific Documents, Testimony or Information to which each objection pertains,
5 and the specific reasons and support for such objections (the "Designation Objections"). Counsel
6 for the Designating Party shall have thirty (30) days from receipt of the written Designation
7 Objections to either (a) agree in writing to de-designate Documents, Testimony or Information
8 pursuant to any or all of the Designation Objections and/or (b) file a motion with the Court seeking
9 to uphold any or all designations on Documents, Testimony or Information addressed by the
10 Designation Objections (the "Designation Motion"). Pending a resolution of the Designation
11 Motion by the Court, any and all existing designations on the Documents, Testimony or Information
12 at issue in such Motion shall remain in place. The Designating Party shall have the burden on any
13 Designation Motion of establishing the applicability of its "Confidential" designation. In the event
14 that the Designation Objecfions are neithertimelyagreed to nor timely addressed in the Designation
15 Motion, then such Documents, Testimony or Information shall be de-designated in accordance with
16 the Designation Objection applicable to such material.
17 7. Access to and/or Disclosure of Confidenfial Materials designated as "Confidential"
18 shall be permitted only to the following persons:
19 a. theCourt;
20 b. (1) Attomeys of record in the Proceedings and their affiliated attorneys,
21 paralegals, clerical and secretarial staff employed by such attomeys who are actively involved in
22 the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned Parties
23 and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that
24 each non-lawyer given access to Confidential Materials shall be advised that such Materials are
25 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order
26 and that they may not be Disclosed other than pursuant to its terms;
27 c. those officers, directors, partners, members, employees and agents of all
28 non-designating Parties that counsel for such Parties deems necessary to aid counsel in the
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
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1 prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure of
2 Confidenfial Materials to any such officer, director, partner, member, employee or agent, counsel
3 for the Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order to
4 such person, shall explain that such person is bound to follow the terms of such Order, and shall
5 secure the signature of such person on a statement in the form attached hereto as Exhibit A;
6 d. court reporters in this Proceeding (whether at depositions, hearings, or any
7 other proceeding);
8 e. any deposition, trial or hearing witness in the Proceeding who previously has
9 had access to the Confidential Materials, or who is currently or was previously an officer, director,
10 pzirtner, member, employee or agent of an entity that has had access to the Confidential Materials;
11 f any deposition or non-trial hearing witness in the Proceeding who previously
12 did not have access to the Confidential Materials; provided, however, that each such witness given
13 access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant
14 to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be
15 Disclosed other than pursuant to its terms;
16 g. mock jury participants, provided, however, that prior to the Disclosure of
17 Confidential Materials to any such mock jury participant, counsel for the Party making the
18 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain
19 that such person is bound to follow the terms of such Order, and shall secure the signature of such
20 person on a statement in the form attached hereto as Exhibit A.
21 h. outside experts or expert consultants consulted by the undersigned Parties or
22 their counsel in connection with the Proceeding, whether or not retained to testify at any oral
23 hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert
24 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this
25 Stipulation and Protective Order to such person, shall explain its terms to such person, and shall
26 secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall
27 be the obligation of counsel, upon leaming of any breach or threatened breach of this Stipulation
28 £ind Protective Order by any such expert or expert consultant, to promptly notify counsel for the
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
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1 Designating Party of such breach or threatened breach; and
2 i. any other person that the Designating Party agrees to in writing.
3 8. Confidential Materials shall be used by the persons receiving them only for the
4 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or
5 defending the Proceeding, and not for any business or other purpose whatsoever.
6 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation
7 and Protective Order) may ask the Court, after appropriate notice tp the other Parties to the
8 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
9 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
10 Protective Order shall not:
11 a. operate as an admission by any person that any particular Document,
12 Testimony or Information marked "Confidential" contains or reflects trade secrets, proprieteiry,
13 confidential or competitively sensitive business, commercial,financialor personal information; or
14 b. prejudice in any way the right of any Party (or any other person subject to
15 the terms of this Stipulation and Protective Order):
16 i. to seek a determination by the Court of whether any particular
17 Confidential Material should be subject to protection as "Confidential" under the terms of this
18 Stipulation and Protective Order; or
19 ii. to seek relief from the Court on appropriate notice to all other
20 Parties to the Proceeding from any provision(s) of this Stipulation and Protective Order, either
21 generally or as to any particular Document, Material or Information.
22 11. Any Party to the Proceeding who has not executed this Stipulation and Protective
23 Order as of the time it is presented to the Court for signature may thereafter become a Party to this
24, Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the
25 same with the Court, and serving copies of such signed and dated copy upon the other Parties to
26 this Stipulation and Protective Order.
27 12. Any Information that may be produced by a non-Party witness in discovery in the
28 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
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1 "Confidential" under the terms of this Stipulation and Protective Order, and any such designation
2 by a non-Party shall have the same force and effect, and create the same duties and obligations, as
3 if made by one of the undersigned Parties hereto. Any such designation shall also function as a
4 consent by such producing Party to the authority of the Court in the Proceeding to resolve and
5 conclusively determine any motion or other application made by any person or Party with respect
6 to such designation, or any other matter otherwise arising under this Stipulation and Protective
7 Order.
8 13. If any person subject to this Stipulation and Protective Order who has custody of
9 any Confidential Materials receives a subpoena or other process ("Subpoena") from any
10 govemment or other person or entity demanding production of Confidential Materials, the recipient
11 of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed
12 by either express mail or ovemight delivery to counsel of record for the Designating Party, and
13 shall fumish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating
14 Party may, in its sole discretion and at its ovm cost, move to quash or limit the Subpoena, otherwise
15 oppose production of the Confidential Materials, and/or seek to obtain confidential treatment of
16 such Confidential Materials from the subpoenaing person or entity to the fullest extent available
17 imder law. The recipient of the Subpoena may not produce any Documents, Testimony or
18 Information pursuant to the Subpoena prior to the date specified for production on the Subpoena.
19 14. Nothing in this Stipulation and Protective Order shall be constmed to preclude either
20 Party from asserting in good faith that certain Confidential Materials require additional protection.
21 The Parties shall meet and confer to agree upon the terms of such additional protection.
22 15. If, after execution of this Stipulation and Protective Order, any Confidential
23 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order
24 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this
25 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall
26 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate
27 attention of the Designating Party.
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STIPULATION AND PROTECTIVE ORDER RE C0NFIDENTL^L MATERIAL
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1 16. This Stipulation and Protective Order is entered into without prejudice to the right
2 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
3 Confidential Materials designated by that Party. If the Designating Party uses Confidential
4 Materials in a non-Confidential manner, then the Designating Party shall advise that the designation
5 no longer applies.
6 17. Where any Confidential Materials, or Information derived from Confidential
7 Materials, is included in any motion or other proceeding govemed by Califomia Rules of Court,
8 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery mofions or
9 other proceedings not govemed by Califomia Rules of Court, Rules 2.550 and 2.551, the foUov^dng
10 shall apply: If Confidential Materials or Information derived from Confidential Materials are
11 submitted to or otherwise disclosed to the Court in connection wdth discovery motions and
12 proceedings, the same shall be separately filed under seal with the clerk ofthe Court in an envelope
13 marked: "CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
14 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED."
15 18. The Parties shall meet and confer regarding the procedures for use of Confidential
16 Materials at trial and shall move the Court for entry of an appropriate order.
17 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
18 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to
19 pursue other appropriate judicial action with respect to any ruling made by the Court conceming
20 the issue of the status of Protected Material.
21 20. This Stipulation and Protective Order shall continue to be binding after the
22 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except
23 that a Party may seek the written permission of the Designating Party or may move the Court for
24 relieffi'omthe provisions of this Stipulation and Protective Order. To the extent permitted by Jaw,
25 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective
26 Order, even after the Proceeding is terminated.
27 21. Upon v/ritten request made within thirty (30) days after the settlement or other
28 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
OIISUSA:767407060.2
1 promptiy retum to counsel for each Designating Party all Confidential Materials and all copies
2 thereof (except that counsel for each Party may maintain in itsfiles,in continuing compliance with
3 the terms of this Stipulation and Protective Order, all work product, one copy of each pleading filed
4 with the Court, and one copy of each deposition together with the exhibits marked at the
5 deposition), (b) agree with counsel for the Designating Party upon appropriate methods and
6 certification of destmction or other disposition of such Confidential Materials, or (c) as to any
7 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a
8 motion seeking a Court order regarding proper preservation of such Materials. To the extent
9 permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion
10 referred to in sub-paragraph (c) herein.
11 22. After this Stipulation and Protective Order has been signed by counsel for all Parties,
12 it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein
13 with regard to any Confidential Materials that have been produced before the Court signs this
14 Stipulation and Protective Order.
15 23. The Parties and all signatories to the Certification attached hereto as Exhibit A agree
16 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court.
17 In the event that the Court modifies this Stipulation and Protective Order, or in the event that the
18 Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and
19 Protective Order until such time as the Court may enter such a different Order. It is the Parties'
20 intent to be boimd by the terms of this Stipulation and Protective Order pending its entry so as to
21 allow for immediate production of Confidential Materials under the terms herein.
22 This Stipulation and Protective Order may be executed in counterparts.
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MA TERLaiL
OHSUSA:767407060,2
I Dated: December 14. 2017 Nomian B. Blumenthal
BLUMENTHAL, NORDREHAUG &
2 BHOWMIK LLP
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5 Attomeys for Plaintiff
ANDREA SPEARS
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Dated: DecemlKr 14,2017 Shaun Setareh
8 SETAREH LAW GROUP
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Attoineys for Plaintiff
12 TOMAS R. ARANA
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14 Dated: December* 0 . 2017 Timothy J. Long
Stephanie Gail Lee
15 ORRJCK, HERRINGTON & SUTCLIFFE LLP
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18 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
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sni'ui.A'i ION AND i'Kori:{(;Tivi-; ORDI-.R RH (:ONI-IIJI:NTIAI. MA I I^RIAI.
OI1SUSA;7674()706().2
1 ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective
3 Order.
4 IT IS SO ORDERED.
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6 Dated:
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STIPULATION AND PROTECTIVE ORDER RE CONFlDENTL^iL MATERL^iL
OHSUSA:767407060.2
1 EXHIBIT A
2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
3 I hereby acknowledge that I, [NAME],
4 [POSITION AND EMPLOYER], am
5 about to receive Confidential Materials supplied in connection with the Proceeding, Case No. 34-
6 2017-00210560-CU-OE-GDS. I certify that I understand that the Confidential Materials are
7 provided to me subject to the terms and restrictions of the Stipulation and Protective Orderfiledin
8 this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it,
9 and I agree to be bound by its terms.
10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order,
11 including any notes or other records that may be made regarding any such materials, shall not be
12 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will
13 not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials
14 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the
15 Court in the Proceeding.
16 I further understand that I am to retain all copies of all Confidential Materials provided to
17 me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my
18 personal custody until termination of my participation in this Proceeding, whereupon the copies of
19 such Materials will be retumed to counsel who provided me with such Materials.
20 I declare under penalty of perjury, under the laws of the State of California, that the
21 foregoing is tme and correct. Executed this day of , 20 , at .
22
DATED: BY:
23 Signature
24 Titie
25 Address
26 City, State, Zip
27 Telephone Number
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STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL
OHSUSA:767407060.2
1 PROOF OF SERVICE VIA U.S. MAIL
2 I am more than eighteen years old and not a party to this action. My business address is
3 Orrick, Herrington & Sutcliffe LLP, 777 South Figueroa Sti-eet, Suite 3200, Los Angeles, CA
4 90017-5855. On December 18, 2017,1 served the following document:
5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER
RE CONFIDENTIAL MATERIAL
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on the interested parties in this action by placing true and correct copies thereof in sealed
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envelope(s) addressed as follows:
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Norman B. Blumenthal, Esq. Shaun Setareh, Esq.
9 BLUMENTHAL, NORDREHAUG & BHOWMIK SETAREH LAW GROUP
10 2255 Calle Clara 9454 Wilshire Blvd, Suite 907
La Jolla, CA 92037 Beverly Hills, CA 90212
11 Phone: (858)551-1223 Tel: (310)888-7771
Fax: (858) 551-1232
12
I am employed in the county from which the mailing occurred. On the date indicated above,
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I placed the sealed envelope(s) for collection and mailing at this firm's office business address
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indicated above. I am readily familiar with this firm's practice for the collection and processing of
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correspondence for mailing with the United States Postal Service. Under that practice, the firm's
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correspondence would be deposited with the United States Postal Service on this same date with
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postage thereon fully prepaid in the ordinary course of business.
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I declare under penalty of perjury under the laws of the State of Califomia that the above is
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true and correct.
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Executed on December 18,2017, at Los Angeles, Califomia.
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23 'A
Susan Totin
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PROOF OF SERVICE VIA U.S. MAIL
Preview
1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP NORMAN B. BLUMENTHAL (SBN 068687) 2 2255 Calle Clara La Jolla, CA 92037 3 Tel: 858.551.1223 Fax: 858.551.1232 4 norm@bamlawca.com 5 Attorneys for Plaintiff ANDREA SPEARS 6 SETAREH LAW GROUP ^ 7 SHAUN SETAREH (SBN 204514) shaun@setarehlaw.com 8 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 9 Telephone: (310) 888-7771 10 Attorneys for Plaintiff TOMAS R. ARANA 11 *** COUNSEL FOR DEFENDANT ON NEXT PAGE 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SACRAMENTO 14 15 ANDREA SPEARS, an individual, on behalf Consolidated Case No. of herself and on behalf of all persons 34-2017-00210560-CU-OE-GDS 16 simileirly situated, ASSIGNED FOR ALL PURPOSES TO 17 Plaintiff, JUDGE ALAN G. PERKINS, DEPT 35 18 STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE 19 HEALTH NET OF CALIFORNIA, INC., a CONFIDENTIAL MATERIAL Califomia Corporation; and Does 1 through 20 50, inclusive. Complaint Filed: April 5, 2017 21 Defendants. FAC Filed: June 29, 2017 22 TOMAS R. ARANA, on behalf of himself, Complaint Filed: August 1, 2017. 23 all others similarly situated. FAC Filed: October 3, 2017 24 Plaintiff, 25 26 HEALTH NET, INC., a Delaware corporation; and DOES 1-50, inclusive, 27 Defendant. 28 STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL 36 OIISUSA:767407060.2 ClNi^ TIMOTHY J. LONG (SBN 137591) tjlong@orrick.com 2 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall 3 Suite 3000 Sacramento, Califomia 95814-4497 4 Telephone: +1 916 447 9200 Facsimile: +1 916 329 4900 5 STEPHANIE GAIL LEE (SBN 285379) 6 slee@orrick:.com ORRICK, HERRINGTON & SUTCLIFFE LLP 7 777 South Figueroa Street, Suite 3200 Los Angeles, California 90017 8 Telephone: (213)629-2020 Facsimile: (213)612-2499 9 Attomeys for Defendant 10 HEALTH NET OF CALIFORNIA, INC. U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1 - STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA;767407060.2 1 IT IS HEREBY STIPULATED by and between the Parties to Andrea Spears v. Health 2 Net of California, Inc., by and through their respective counsel of record, that in order to facilitate 3 the exchange of information and documents which may be subject to confidentiality limitations on 4 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows: 5 1. In this Stipulation and Protective Order, the words set forth below shall have the 6 following meemings: 7 a. "Proceeding" means the above-entitled proceeding. Case No. 34-2017- 8 00210560-CU-OE-GDS. 9 b. "Court" means the Hon. Alan G. Perkins, or any other judge to which this 10 Proceeding may be assigned, including Court staff participating in such proceedings. 11 c. "Confidential" means any information which is in the possession of a 12 Designating Party who believes in good faith that such information is entitled to confidential 13 treatment under applicable law. 14 d. "Confidential Materials" means any Documents, Testimony or Information 15 as defined below designated as "Confidential" pursuant to the provisions of this Stipulation and 16 Protective Order. 17 e. "Designating Party" means the Party that designates Materials as 18 "Confidential." 19 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give, or 20 make available Materials, or any part thereof, or any information contained therein. 21 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as those 22 terms are defined by Califomia Evidence Code Sections 250, 255, and 260, which have been 23 produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or 24 summaries of all or any part of the foregoing. 25 h. "Information" means the content of Documents or Testimony. 26 i. "Testimony" means all depositions, declarations or other testimony taken or 27 used in this Proceeding. 28 STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 1 2. The Designating Party shall have the right to designate as "Confidential" any 2 Documents, Testimony or Information that the Designating Party in good faith believes to contain 3 non-public information that is entitled to confidential treatment under applicable law. 4 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or 5 abridge any right, privilege or protection otherwise available to any Party with respect to the 6 discovery of matters, including but not limited to any Party's right to assert the attomey-client 7 privilege, the attomey work product doctrine, or other privileges, or any Party's right to contest any 8 such assertion. 9 4. Any Documents, Testimony or Information to be designated as "Confidential" must 10 be clearly so designated before the Document, Testimony or Information is Disclosed or produced. 11 The parties may agree that the case name and number are to be part of the "Confidential" 12 designation. The "Confidential" designation should not obscure or interfere with the legibility of 13 the designated Information. 14 a. For Documents (apart from transcripts of depositions or other pretrial or trial 15 proceedings), the Designating Party must affix the legend "Confidenfial" on each page of any 16 Document containing such designated Confidential Material. 17 b. For Tesfimony given in depositions the Designafing Party may either: 18 i. identify on the record, before the close of the deposition, all 19 "Confidenfial" Testimony, by specifying all portions of the Testimony that qualify as 20 "Confidenfial;" or 21 ii. designate the entirety of the Testimony at the deposition as 22 "Confidential" (before the deposifion is concluded) with the right to idenfify more specific portions 23 of the Testimony as to which protecfion is sought within 30 days following receipt of the deposifion 24 transcript. In circumstances where portions of the deposition Testimony are designated for 25 protection, the transcript pages containing "Confidential" Information may be separately bound by 26 the court reporter, who must affix to the top of each page the legend "Confidential," as instructed 27 by the Designating Party. 28 -3 STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060,2 1 c. For Information produced in some form other than Documents, and for any 2 other tangible items, including, without limitation, compact discs or DVDs, the Designating Party 3 must affix in a prominent place on the exterior of the container or containers in which the 4 Infonnation or item is stored the legend "Confidential." If only portions of the Informafion or item 5 warrant protection, the Designating Party, to the extent practicable, shall identify the "Confidential" 6 portions. 7 5. The inadvertent production by any of the undersigned Parties or non-Parties to the 8 Proceedings of any Document, Testimony or Information during discovery in this Proceeding 9 without a "Confidential" designation, shall be without prejudice to any claim that such item is 10 "Confidenfial" and such Party shall not be held to have waived any rights by such inadvertent 11 producfion. In the event that any Document, Testimony or Infonnation that is subject to a 12 "Confidenfial" designafion is inadvertently produced without such designation, the Party that 13 inadvertently produced the document shall give written notice of such inadvertent production 14 within twenty (20) days of discovery of the inadvertent producfion, together with a further copy of 15 the subject Document, Testimony or Information designated as "Confidential" (the "Inadvertent 16 Production Notice"). Upon receipt of such Inadvertent Production Notice, the Party that received 17 the inadvertently produced Document, Testimony or Information shall promptly destroy the 18 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the 19 expense of the producing Party, return such together with all copies of such Document, Testimony 20 or Information to counsel for the producing Party and shall retain only the "Confidential" 21 designated Materials. Should the receiving Party choose to destroy such inadvertently produced 22 Document, Testimony or Information, the receiving Party shall notify the producing Party in 23 writing of such destruction within ten (10) days of receipt of written notice of the inadvertent 24 production. This provision is not intended to apply to any inadvertent production of any 25 Information protected by attorney-client or work product privileges. In the event that this provision 26 conflicts with any applicable law regarding waiver of confidentiality through the inadvertent 27 production of Documents, Testimony or Information, such law shall govern. 28 STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 1 6. In the event that counsel for a Party receiving Documents, Testimony or Information 2 in discovery designated as "Confidential" objects to such designation with respect to any or all of 3 such items, said counsel shall advise counsel for the Designating Party, in writing, of such 4 objections, the specific Documents, Testimony or Information to which each objection pertains, 5 and the specific reasons and support for such objections (the "Designation Objections"). Counsel 6 for the Designating Party shall have thirty (30) days from receipt of the written Designation 7 Objections to either (a) agree in writing to de-designate Documents, Testimony or Information 8 pursuant to any or all of the Designation Objections and/or (b) file a motion with the Court seeking 9 to uphold any or all designations on Documents, Testimony or Information addressed by the 10 Designation Objections (the "Designation Motion"). Pending a resolution of the Designation 11 Motion by the Court, any and all existing designations on the Documents, Testimony or Information 12 at issue in such Motion shall remain in place. The Designating Party shall have the burden on any 13 Designation Motion of establishing the applicability of its "Confidential" designation. In the event 14 that the Designation Objecfions are neithertimelyagreed to nor timely addressed in the Designation 15 Motion, then such Documents, Testimony or Information shall be de-designated in accordance with 16 the Designation Objection applicable to such material. 17 7. Access to and/or Disclosure of Confidenfial Materials designated as "Confidential" 18 shall be permitted only to the following persons: 19 a. theCourt; 20 b. (1) Attomeys of record in the Proceedings and their affiliated attorneys, 21 paralegals, clerical and secretarial staff employed by such attomeys who are actively involved in 22 the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned Parties 23 and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that 24 each non-lawyer given access to Confidential Materials shall be advised that such Materials are 25 being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order 26 and that they may not be Disclosed other than pursuant to its terms; 27 c. those officers, directors, partners, members, employees and agents of all 28 non-designating Parties that counsel for such Parties deems necessary to aid counsel in the -5- STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 . 1 prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure of 2 Confidenfial Materials to any such officer, director, partner, member, employee or agent, counsel 3 for the Party making the Disclosure shall deliver a copy of this Stipulation and Protective Order to 4 such person, shall explain that such person is bound to follow the terms of such Order, and shall 5 secure the signature of such person on a statement in the form attached hereto as Exhibit A; 6 d. court reporters in this Proceeding (whether at depositions, hearings, or any 7 other proceeding); 8 e. any deposition, trial or hearing witness in the Proceeding who previously has 9 had access to the Confidential Materials, or who is currently or was previously an officer, director, 10 pzirtner, member, employee or agent of an entity that has had access to the Confidential Materials; 11 f any deposition or non-trial hearing witness in the Proceeding who previously 12 did not have access to the Confidential Materials; provided, however, that each such witness given 13 access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant 14 to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be 15 Disclosed other than pursuant to its terms; 16 g. mock jury participants, provided, however, that prior to the Disclosure of 17 Confidential Materials to any such mock jury participant, counsel for the Party making the 18 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain 19 that such person is bound to follow the terms of such Order, and shall secure the signature of such 20 person on a statement in the form attached hereto as Exhibit A. 21 h. outside experts or expert consultants consulted by the undersigned Parties or 22 their counsel in connection with the Proceeding, whether or not retained to testify at any oral 23 hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert 24 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this 25 Stipulation and Protective Order to such person, shall explain its terms to such person, and shall 26 secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall 27 be the obligation of counsel, upon leaming of any breach or threatened breach of this Stipulation 28 £ind Protective Order by any such expert or expert consultant, to promptly notify counsel for the -6- STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 1 Designating Party of such breach or threatened breach; and 2 i. any other person that the Designating Party agrees to in writing. 3 8. Confidential Materials shall be used by the persons receiving them only for the 4 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or 5 defending the Proceeding, and not for any business or other purpose whatsoever. 6 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation 7 and Protective Order) may ask the Court, after appropriate notice tp the other Parties to the 8 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. 9 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and 10 Protective Order shall not: 11 a. operate as an admission by any person that any particular Document, 12 Testimony or Information marked "Confidential" contains or reflects trade secrets, proprieteiry, 13 confidential or competitively sensitive business, commercial,financialor personal information; or 14 b. prejudice in any way the right of any Party (or any other person subject to 15 the terms of this Stipulation and Protective Order): 16 i. to seek a determination by the Court of whether any particular 17 Confidential Material should be subject to protection as "Confidential" under the terms of this 18 Stipulation and Protective Order; or 19 ii. to seek relief from the Court on appropriate notice to all other 20 Parties to the Proceeding from any provision(s) of this Stipulation and Protective Order, either 21 generally or as to any particular Document, Material or Information. 22 11. Any Party to the Proceeding who has not executed this Stipulation and Protective 23 Order as of the time it is presented to the Court for signature may thereafter become a Party to this 24, Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the 25 same with the Court, and serving copies of such signed and dated copy upon the other Parties to 26 this Stipulation and Protective Order. 27 12. Any Information that may be produced by a non-Party witness in discovery in the 28 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as -7- STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 1 "Confidential" under the terms of this Stipulation and Protective Order, and any such designation 2 by a non-Party shall have the same force and effect, and create the same duties and obligations, as 3 if made by one of the undersigned Parties hereto. Any such designation shall also function as a 4 consent by such producing Party to the authority of the Court in the Proceeding to resolve and 5 conclusively determine any motion or other application made by any person or Party with respect 6 to such designation, or any other matter otherwise arising under this Stipulation and Protective 7 Order. 8 13. If any person subject to this Stipulation and Protective Order who has custody of 9 any Confidential Materials receives a subpoena or other process ("Subpoena") from any 10 govemment or other person or entity demanding production of Confidential Materials, the recipient 11 of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed 12 by either express mail or ovemight delivery to counsel of record for the Designating Party, and 13 shall fumish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating 14 Party may, in its sole discretion and at its ovm cost, move to quash or limit the Subpoena, otherwise 15 oppose production of the Confidential Materials, and/or seek to obtain confidential treatment of 16 such Confidential Materials from the subpoenaing person or entity to the fullest extent available 17 imder law. The recipient of the Subpoena may not produce any Documents, Testimony or 18 Information pursuant to the Subpoena prior to the date specified for production on the Subpoena. 19 14. Nothing in this Stipulation and Protective Order shall be constmed to preclude either 20 Party from asserting in good faith that certain Confidential Materials require additional protection. 21 The Parties shall meet and confer to agree upon the terms of such additional protection. 22 15. If, after execution of this Stipulation and Protective Order, any Confidential 23 Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order 24 is Disclosed by a non-Designating Party to any person other than in the manner authorized by this 25 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall 26 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate 27 attention of the Designating Party. 28 -8 STIPULATION AND PROTECTIVE ORDER RE C0NFIDENTL^L MATERIAL OHSUSA:767407060.2 1 16. This Stipulation and Protective Order is entered into without prejudice to the right 2 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 3 Confidential Materials designated by that Party. If the Designating Party uses Confidential 4 Materials in a non-Confidential manner, then the Designating Party shall advise that the designation 5 no longer applies. 6 17. Where any Confidential Materials, or Information derived from Confidential 7 Materials, is included in any motion or other proceeding govemed by Califomia Rules of Court, 8 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery mofions or 9 other proceedings not govemed by Califomia Rules of Court, Rules 2.550 and 2.551, the foUov^dng 10 shall apply: If Confidential Materials or Information derived from Confidential Materials are 11 submitted to or otherwise disclosed to the Court in connection wdth discovery motions and 12 proceedings, the same shall be separately filed under seal with the clerk ofthe Court in an envelope 13 marked: "CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER 14 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED." 15 18. The Parties shall meet and confer regarding the procedures for use of Confidential 16 Materials at trial and shall move the Court for entry of an appropriate order. 17 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into 18 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to 19 pursue other appropriate judicial action with respect to any ruling made by the Court conceming 20 the issue of the status of Protected Material. 21 20. This Stipulation and Protective Order shall continue to be binding after the 22 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except 23 that a Party may seek the written permission of the Designating Party or may move the Court for 24 relieffi'omthe provisions of this Stipulation and Protective Order. To the extent permitted by Jaw, 25 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective 26 Order, even after the Proceeding is terminated. 27 21. Upon v/ritten request made within thirty (30) days after the settlement or other 28 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) -9- STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OIISUSA:767407060.2 1 promptiy retum to counsel for each Designating Party all Confidential Materials and all copies 2 thereof (except that counsel for each Party may maintain in itsfiles,in continuing compliance with 3 the terms of this Stipulation and Protective Order, all work product, one copy of each pleading filed 4 with the Court, and one copy of each deposition together with the exhibits marked at the 5 deposition), (b) agree with counsel for the Designating Party upon appropriate methods and 6 certification of destmction or other disposition of such Confidential Materials, or (c) as to any 7 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a 8 motion seeking a Court order regarding proper preservation of such Materials. To the extent 9 permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion 10 referred to in sub-paragraph (c) herein. 11 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, 12 it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein 13 with regard to any Confidential Materials that have been produced before the Court signs this 14 Stipulation and Protective Order. 15 23. The Parties and all signatories to the Certification attached hereto as Exhibit A agree 16 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. 17 In the event that the Court modifies this Stipulation and Protective Order, or in the event that the 18 Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and 19 Protective Order until such time as the Court may enter such a different Order. It is the Parties' 20 intent to be boimd by the terms of this Stipulation and Protective Order pending its entry so as to 21 allow for immediate production of Confidential Materials under the terms herein. 22 This Stipulation and Protective Order may be executed in counterparts. 23- 24 25 26 27 28 - 10- STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MA TERLaiL OHSUSA:767407060,2 I Dated: December 14. 2017 Nomian B. Blumenthal BLUMENTHAL, NORDREHAUG & 2 BHOWMIK LLP 3 4 5 Attomeys for Plaintiff ANDREA SPEARS 6 7 Dated: DecemlKr 14,2017 Shaun Setareh 8 SETAREH LAW GROUP 9 10 11 Attoineys for Plaintiff 12 TOMAS R. ARANA 13 14 Dated: December* 0 . 2017 Timothy J. Long Stephanie Gail Lee 15 ORRJCK, HERRINGTON & SUTCLIFFE LLP 16 17 18 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 19 20 21 22 23 24 25 26 27 28 -1 sni'ui.A'i ION AND i'Kori:{(;Tivi-; ORDI-.R RH (:ONI-IIJI:NTIAI. MA I I^RIAI. OI1SUSA;7674()706().2 1 ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 3 Order. 4 IT IS SO ORDERED. 5 6 Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND PROTECTIVE ORDER RE CONFlDENTL^iL MATERL^iL OHSUSA:767407060.2 1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am 5 about to receive Confidential Materials supplied in connection with the Proceeding, Case No. 34- 6 2017-00210560-CU-OE-GDS. I certify that I understand that the Confidential Materials are 7 provided to me subject to the terms and restrictions of the Stipulation and Protective Orderfiledin 8 this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, 9 and I agree to be bound by its terms. 10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order, 11 including any notes or other records that may be made regarding any such materials, shall not be 12 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will 13 not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials 14 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the 15 Court in the Proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials provided to 17 me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my 18 personal custody until termination of my participation in this Proceeding, whereupon the copies of 19 such Materials will be retumed to counsel who provided me with such Materials. 20 I declare under penalty of perjury, under the laws of the State of California, that the 21 foregoing is tme and correct. Executed this day of , 20 , at . 22 DATED: BY: 23 Signature 24 Titie 25 Address 26 City, State, Zip 27 Telephone Number 28 13 STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL OHSUSA:767407060.2 1 PROOF OF SERVICE VIA U.S. MAIL 2 I am more than eighteen years old and not a party to this action. My business address is 3 Orrick, Herrington & Sutcliffe LLP, 777 South Figueroa Sti-eet, Suite 3200, Los Angeles, CA 4 90017-5855. On December 18, 2017,1 served the following document: 5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE CONFIDENTIAL MATERIAL 6 on the interested parties in this action by placing true and correct copies thereof in sealed 7 envelope(s) addressed as follows: 8 Norman B. Blumenthal, Esq. Shaun Setareh, Esq. 9 BLUMENTHAL, NORDREHAUG & BHOWMIK SETAREH LAW GROUP 10 2255 Calle Clara 9454 Wilshire Blvd, Suite 907 La Jolla, CA 92037 Beverly Hills, CA 90212 11 Phone: (858)551-1223 Tel: (310)888-7771 Fax: (858) 551-1232 12 I am employed in the county from which the mailing occurred. On the date indicated above, 13 I placed the sealed envelope(s) for collection and mailing at this firm's office business address 14 indicated above. I am readily familiar with this firm's practice for the collection and processing of 15 correspondence for mailing with the United States Postal Service. Under that practice, the firm's 16 correspondence would be deposited with the United States Postal Service on this same date with 17 postage thereon fully prepaid in the ordinary course of business. 18 I declare under penalty of perjury under the laws of the State of Califomia that the above is 19 true and correct. 20 Executed on December 18,2017, at Los Angeles, Califomia. 21 22 23 'A Susan Totin 24 25 26 27 28 4129-5258-7535.1 -1- PROOF OF SERVICE VIA U.S. MAIL