Preview
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk SL
Docket Number 2484CV00171
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT
IN RE: DERRICK TODD, M.D. et al
CIVIL ACTION NO.: 2484CV00171 G
JOINT MOTION FOR ENTRY OF A
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
The Parties to the above captioned action hereby move this Honorable Court to enter a
Confidentiality Order in this matter, in the form and substance of the attached Stipulated
Confidentiality Agreement and Protective Order (the “Proposed Confidentiality Order”). See Ex
A. As grounds, the Parties jointly state that the entry of the Proposed Confidentiality Order is
reasonable, logical, and proper in the context of the case and certain confidential information,
including without limitation certain personal and medical information, that may be a part of the
discovery process in this case.
WHEREFORE, the Parties hereby joint move this Honorable Court to ALLOW this
Motion and enter a Confidentiality Order in the form of the attached Proposed Confidentiality
Order.
Respectfully submitted:
Counsel for Plaintiffs:
/s/ William J. Thompson
Andrew C. Meyer, Jr. (BBO# 344300)
William J. Thompson (BBO# 559275)
Julie A. Davis (BBO #691252)
LUBIN & MEYER, P.C.
100 City Hall Plaza
Boston, MA 02108-2106
Tel No.: (617) 740-4447
BThi son@lubinandmeyer.com
davis lubinandmeyer.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
/s/ Paula Bliss
Paula Bliss, BBO# 652361
JUSTICE LAW COLLABORATIVE, LLC
210 Washington Street
N. Easton, MA 02356
Tel No.: (508) 230-2700
Paula@justicele.com
/s/ Stacey L. Pietrowicz
Stacey L. Pietrowicz, BBO# 672395
SUGARMAN AND SUGARMAN, P.C.
31 St. James Avenue, 10th Floor
Boston, MA 02116
Tel No.: (617) 542-1000
pictr @sugarman OM
/s/ Richard W. Paterniti
Richard W. Paterniti, BBO#645170
JONES KELLEHER, LLP
21 Custom House Street
Boston, MA 02110
Tel No.: (617) 737-3100
rpaterniti@joneskell.com
/s/ Jeffrey Catalano
Jeffrey Catalano, BBO#567798
Jonathon Sweet BBO# 634755
KECHES LAW GROUP
2 Lakeshore Center, Suite 3
Bridgewater, MA 02324
Tel No.: (508) 821-4387
jcatalano@kecheslaw.com
jsweet@kecheslaw.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
/s/ HeatherM. Boutet
Heather M. Boutet, Esq.
PARKER SCHEER LLP
One Center Plaza, Suite 420
Boston, MA 02108
ph (617) 886-0500 x1014
fax (617) 886-0100
www.parkerscheer.com
/s/ Thomas Flaws
Thomas Flaws, BBO# 661179
Altman Nussbaum Shunnarah
44 School Street, 6th FL
Boston, MA 02108
tflaws@anslawyers.com
/s/ Tyler Fox
Tyler Fox, BBO# 176860
Altman & Altman, LLP
675 Massachusetts Avenue
Cambridge, MA 02139
617-492-3000
tylerfox@verizon.net
Counsel for Defendant,
Derrick Todd, M.D.,
By his attorneys,
/s/ Anthony Abeln
Anthony Abeln, BBO#669207
Rachel McCloskey, BBO#690712
MORRISON MAHONEY, LLP
250 Summer Street
Boston, MA 02210
Tel No.: 617-439-7500
AAbeln@morrisonmahoney.com
rmeccloskey@morrisonmahoney.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Counsel for Defendants,
The Brigham and Women’s Hospital, Inc., Brigham and Women’s
Faulkner Hospital, Inc., Brigham and Women’s Physicians
Organization, Inc., Mass General Brigham Community Physicians, Inc.,
and Mass General Brigham Incorporated,
By their Attorneys,
/s/ William P. Mekrut
Richard J. Riley, BBO #420610
William P. Mekrut, BBO# 654350
MURPHY & RILEY, P.C.
100 Franklin Street, Suite 500
Boston, MA 02110
Tel No.: (617) 423-3700
RRiley@murphyriley.com
WMekrut@murphyriley.com
Counsel for Defendants,
Charles River Medical Associates, P.C., Joseph Harrington, M.D.,
Vinay Kumar, M.D., Paige Meisheid, M.D., Douglas Gronda, M.D.,
and Brian Parillo
By their Attorneys,
/s/ A. Bernard Guekguezian
A. Bernard Guekguezian, BBO#559191
Sarah A. Doucett, BBO#693659
ADLER, COHEN, HARVEY, WAKEMAN AND GUEKGUEZIAN, LLP.
2 Oliver Street, Suite 1005
Boston, MA 02109
Tel No.: (617) 423-6674
BGuek guezian@adlercohen.com
SDoucett@adlercohen.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
CERTIFICATE OF SERVICE
I, William P. Merut, do hereby certify that on March 25, 2024, the within document was
filed through Odyssey File & Serve, will be served electronically to all registered participants
as identified on the Massachusetts ECF filing system and via electronic mail, as follows:
Andrew C. Meyer, Jr. Esq. Stacy Pietrowicz, Esq.
William J. Thompson, Esq. Sugarman and Sugarman, P.C.
LUBIN & MEYER, P.C. 31 St. James Ave. 10th Floor
100 City Hall Plaza Boston MA 02116
Boston, MA 02108-2106 Email: spietrowiez@sugarman.com
Email: BThompson@lubinandmeyer.com
Anthony E. Abeln, Esq. Patrick T. Jones, Esq.
Rachel S. McCloskey, Esq. Richard W. Paterniti, Esq.
Caroline M. Smith, Esq. JONES KELLEHER LLP
MORRISON MAHONEY LLP 21 Custom House Street
250 Summer Street Boston, MA 02110
Boston, MA 02210-1181 Email: materniti@joneskell.com
Email: aabeln@morrisonmahoncy.com pjones@ioneskell.com
rmccloskey(@morrisonmahoney.com
smth ( aGNOTLISO}
& SET more. Se onmahoney.com
Sarah Doucett, Esq. Jonathan D. Sweet, Esq.
Asbed Guekguezian, Esq. Patrick J. Nelligan, Esq.
Adler Cohen Harvey Wakeman and Guekguezian Jeffery N. Catalano, Esq.
2 Oliver Street, Suite 1005 KECHES LAW GROUP, P.C.
Boston, MA 02 109 2 Granite Ave. Suite 400
Email: BG ekguezi @adlercohen.com Milton, MA 02186
ouc: it@ad he com Email: j cheslaw.com
eches AW COM
pheiliga Les ECNES com
Paula S. Bliss, Esq. Thomas E. Flaws, Esq.
Kimberly Dougherty, Esq. Altman Nussbaum Shunnarah
Justice Law Collaborative, LLC 44 School Street
210 Washington Street Boston, MA 02108
North Easton, MA 02356 Email: TFlaws@anslawyers.com
1a nslaWwYe!
Email: paula@justicele.con
kim@ justice’ cont
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Brian J. Perkins (to file Pro Hac Vice) Heather Boutet, Esq.
Peiffer Wolf Carr Kane Conway & Wise Parker Scheer LLP
555 Montgomery Street, Suite 820 One Center Plaza Suite 420
San Francisco, CA 94111 Boston, Massachusetts 02108
Email: bperkins@y cifferwolf.com Email: hmb@parkerscheer.com
Tyler Fox, Esq.
Altman & Altman, LLP
675 Massachusetts Avenue
Cambridge, MA 02139
tylerfox@verizon.net
/s/ William P. Mekrut
William P. Mekrut
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Exhibit A
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT
IN RE: DERRICK TODD, M.D. et al
CIVIL ACTION NO.: 2484CV00171
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
This STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
(“Protective Order”), is made this 25th day of March, 2024, by and between Plaintiffs and
Defendants. The Plaintiffs and Defendants are collectively referred here in as the “Parties.”
The Parties hereby stipulate and agree to the entry of the following Protective Order:
1 This Protective Order shall apply to all documents, materials, and information,
including without limitation, documents produced by any party or third party, Plaintiff and
Defendant Fact Sheets, answers to interrogatories, responses to requests for admissions, deposition
testimony, and other information, whether in oral, written, paper, or electronic form, disclosed
pursuant to the disclosure or discovery duties created by the Massachusetts Rules of Civil
Procedure or by discovery order in this action that constitute, refer to, concern, or relate to
Plaintiffs’ medical records, of any nature and from any treatment provider, or contain or refer to
their medical information or medical treatment in any way. This Protective Order does NOT apply
to the trial of the underlying case, including but not limited to argument on any pretrial motions,
jury voir dire/selection, trial proceedings and any appeal of any verdict by any party who is
signatory to this agreement, although the Parties anticipate a similar agreement will be established
in the event of trial in order to protect the privacy and identities of those Plaintiffs wishing to
maintain anonymity throughout this litigation. This Protective Order also applies to the personal
identifying information of witnesses.
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
2. For purposes of this Protective Order, the term “Confidential Information” means
Plaintiffs’ names, addresses, dates of birth and medical records and information, including but not
limited to Plaintiffs’ medical history, care or treatments received, test results, diagnoses, and
medications taken. The term also includes confidential personal information, trade secrets,
personnel records, or proprietary or commercially sensitive information of any Defendant or
Defendant entity or witness or third-party, or that is otherwise subject to a non-disclosure
agreement with a third-party. Information or documents that are or become available in the public
sector, other than by violation of this Agreement, may not be designated as CONFIDENTIAL. The
parties, by executing this Protective Order, do not waive their rights and objections to the
production of any records for any other basis.
3 Any information, document, or portion of any document or electronically stored
information (“ESI”) produced by any party or third party or marked as an exhibit at any deposition
in this proceeding, any information given orally at a deposition, including the transcript of any
deposition taken in this proceeding, and/or any information provided in writing in any response or
answer to a written discovery request, or other exchange of information pursuant to an agreed upon
procedure, that contains Confidential Information shall be treated as CONFIDENTIAL and subject
to the terms of this Protective Order.
4 Any information, document, or portion of any document or electronically stored
information containing Confidential Information shall be treated as CONFIDENTIAL under this
Protective Order regardless of whether or not it is affixed with a “CONFIDENTIAL” designation.
5 In the case of a deposition where a party or third party produces documents
containing Confidential Information, or testifies concerning such Confidential Information, the
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
portions of the witness’ testimony and any exhibits marked at the deposition containing
Confidential Information are CONFIDENTIAL.
6. Documents, information or materials (“Discovery Information”) produced by any
Party pursuant to any discovery request, court order, authorization, or subpoena, in this Action,
including but not limited to material designated as CONFIDENTIAL, shall be used by the Parties
only in the litigation of this Action and shall not be used or disclosed to any party outside the
confines of the litigation for any other purpose.
7 Confidential Information, CONFIDENTIAL materials and Discovery Information
shall be used by the counsel for the party receiving or reviewing such documents only for the
purposes of preparing for and conducting this litigation. Confidential Information and
CONFIDENTIAL materials will only be used in connection with this litigation and shall not be
shared, emailed, communicated, published, or distributed in any way to third parties who are not
parties to this litigation. Except as expressly provided hereinafter, parties and witnesses receiving
any Confidential Information or CONFIDENTIAL material in connection this litigation shall
maintain it in confidence in accordance with the requirements of this Protective Order, and shall
not use it for any purpose other than in connection with this litigation.
8 Use of Confidential Information in Court Filings: Before filing CONFIDENTIAL
materials with the Court, counsel for the party intending to submit the Confidential Information
shall confer with opposing counsel as to whether filing under seal is necessary for the particular
materials at issue and to discuss whether redactions to the materials would be sufficient to preserve
confidentiality while allowing the materials to be otherwise publicly filed. If the parties cannot
agree, the party submitting materials designated as CONFIDENTIAL shall file and/or serve as
appropriate a motion to impound the Confidential Information in accordance with the
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Massachusetts Uniform Rules of Impoundment Procedure, Rule VIII of the Trial Court Rules and
the opposing party will file a statement and/or affidavit supporting the request to seal within one
week of service of the motion to impound. Pending a ruling on the motion to impound, the
materials designated as CONFIDENTIAL hereunder shall be filed under seal unless otherwise
agreed by the parties. In the alternative, materials containing Confidential Information may be
filed with the Court or otherwise disclosed in pleadings, motions, depositions, or other documents
if the Confidential Information has first been redacted from the materials.
9 The obligations that the Parties assume by entering into this Protective Order are
continuing in nature and are not terminable because of the disposition of the litigation, by award,
judgment or settlement. On the contrary, the provisions of this Protective Order shall remain in
full force and effect following the conclusion of the litigation unless and until modified or
withdrawn by the written consent of counsel for the Parties. At the conclusion of this case, unless
other arrangements are agreed upon, each CONFIDENTIAL document and all copies thereof shall
be returned to the producing Party or destroyed by counsel, who shall certify compliance.
10. The provisions of this Protective Order shall not be deemed a waiver by any of the
Parties of the attorney/client, attorney work product, or any other privilege, but only an agreement
that Confidential Information, once determined to be non-privileged and disclosed to the Parties,
shall not be further disseminated, except in accordance with this Protective Order.
11. Confidential Information and CONFIDENTIAL materials subject to this Protective
Order shall not be disclosed to anyone other than:
a. Counsel. Counsel of record to the parties, including staff who assist in the
prosecution or defense of this action and who are advised of the terms of this
Protective Order, as well as liability insurance company claims representatives
and other staff involved in the defense of any insured party;
b. Parties. The parties;
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Court Reporters and Recorders. Any Court reporter or typist recording or
transcribing testimony;
The Court. The Court and court personnel;
Consultants and Experts. Consultants, accountants, investigators, or experts
(hereinafter referred to collectively as “experts”) employed by the parties or
counsel for the parties to assist in the preparation and trial of this action, so long
as they agree to comply with the terms of the Protective Order;
Data Processing Services. Outside photocopying, data processing, or graphic
production services the parties or their counsel use to assist in this lawsuit;
Others by Consent or Order of the Court. Other persons only by written
consent of the producing party or upon order of the Court and on such
conditions as may be agreed or ordered; and
Others as Required by Law. If a party is served with a subpoena seeking
copies of documents such party has obtained through discovery that are marked
CONFIDENTIAL, such party may produce such documents in order to comply
with the subpoena; provided, however, that a party served with such subpoena
promptly will give notice to the party that produced the subject documents so
that the producing party will have an opportunity to oppose the subpoena.
12. Challenges by a Party to Designation as Confidential. Any designation of a
document as CONFIDENTIAL is subject to challenge by any party. The following procedure shall
apply to any such challenge.
a Objection to Confidentiality. If a party receiving any document designated as
CONFIDENTIAL seeks to challenge that designation, the receiving party may
serve upon the designating party a letter objecting to the designation. The objection
shall specify the documents to which the objection is directed and shall set forth the
reasons for the objection as to each document or category of documents.
CONFIDENTIAL documents to which objection has been made shall maintain
their designation until designated otherwise by waiver, agreement or order of the
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Superior Court - Suffolk
Docket Number 2484CV00171
Court. As to any document subject to this Agreement, the parties reserve the right
to object to a designation throughout the duration of this action.
Obligation to Meet and Confer. The objecting party and the party or third-party
which designated the documents to which objection has been made shall have
fifteen (15) calendar days from service of the objection to meet and confer in a good
faith effort to resolve the objection by agreement. Such meet and confer may occur
telephonically or via email. If agreement is reached confirming or waiving the
CONFIDENTIAL designation as to any documents subject to the objection, the
designating party shall serve on all parties a notice specifying the documents and
the nature of the agreement.
13. Control of Documents. Counsel for the parties shall make reasonable efforts to
prevent unauthorized disclosure of documents designated as CONFIDENTIAL pursuant to the
terms of this Agreement.
14. Inadvertent Production of Privileged Information. The inadvertent production of
any document or information during discovery in this action shall be without prejudice to and shall
not be deemed a waiver of any claim that such material is privileged under the attorney-client
privilege, the work product doctrine, or any other applicable privilege or immunity from
disclosure. A disclosing party may notify any party that received the inadvertently produced
privileged information of the claim and the basis for it. After being notified, the receiving party
must sequester and not use the information and any copies thereof. If the receiving party disagrees
with the disclosing party’s assertion of privilege, the parties shall promptly confer, and if they
cannot resolve the issue, the receiving party may present the dispute to the Court for a
determination of the claim of privilege.
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
15. Remedies. The provisions of this Protective Order are necessary for the protection
of confidential information and are considered by the Parties to be reasonable for such purpose.
The Parties agree that any breach of this Protective Order may cause substantial and irreparable
injury and, therefore, in the event of any threatened or actual breach, the parties agree to
immediately and cooperatively take all necessary steps to remedy any such breach.
16. This Protective Order may be executed in several counterparts, each of which shall
serve as an original against any Party who signed it, and all of which taken together shall constitute
one and the same document.
17. If it becomes necessary to interpret any of the terms of this Protective Order, it is
the intent of the parties that the laws of Massachusetts shall apply, without giving effect to the
provision of law relating to conflicts of law or choice of laws.
18. This Protective Order contains the entire agreement of the Parties with respect to
the subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements, discussions and statements concerning that subject matter. No modification or
amendment to this Protective Order shall be binding unless executed in writing signed by all
Parties. No waiver of any of the provisions of this Protective Order shall be deemed to constitute
a waiver of any other provisions hereof, whether or not similar, nor shall such waiver constitute a
continuing waiver.
[remainder of the page intentionally left blank]
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
AGREED TO BY:
Counsel for Plaintiffs:
/s/ William J. Thompson
Andrew C. Meyer, Jr. (BBO# 344300)
William J. Thompson (BBO# 559275)
Julie A. Davis (BBO #691252)
LUBIN & MEYER, P.C.
100 City Hall Plaza
Boston, MA 02108-2106
Tel No.: (617) 740-4447
BT hompson@lubinandmeyer.com
jdavis@lubinandmeyer.com
/s/ Paula Bliss
Paula Bliss, BBO# 652361
JUSTICE LAW COLLABORATIVE, LLC
210 Washington Street
N. Easton, MA 02356
Tel No.: (508) 230-2700
Paula@justicele.com
/s/ Stacey L. Pietrowicz
Stacey L. Pietrowicz, BBO# 672395
SUGARMAN AND SUGARMAN, P.C.
31 St. James Avenue, 10th Floor
Boston, MA 02116
Tel No.: (617) 542-1000
spietrowicz@sugarman.com
/s/ Richard W. Paterniti
Richard W. Paterniti, BBO#645170
JONES KELLEHER, LLP
21 Custom House Street
Boston, MA 02110
Tel No.: (617) 737-3100
aterniti@joneskell.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
/s/ Jeffrey Catalano
Jeffrey Catalano, BBO#567798
Jonathon Sweet BBO# 634755
KECHES LAW GROUP
2 Lakeshore Center, Suite 3
Bridgewater, MA 02324
Tel No.: (508) 821-4387
jcatalano@kecheslaw.com
isweet(@kecheslaw.com
/s/ Heather M. Boutet
Heather M. Boutet, Esq.
PARKER SCHEER LLP
One Center Plaza, Suite 420
Boston, MA 02108
ph (617) 886-0500 x1014
fax (617) 886-0100
www.parkerscheer.corr
/s/ Thomas Flaws
Thomas Flaws, BBO# 661179
Altman Nussbaum Shunnarah
44 School Street, 6th FL
Boston, MA 02108
tflaws(@anslawyers.com
/s/ Tyler Fox
Tyler Fox, BBO# 176860
Altman & Altman, LLP
675 Massachusetts Avenue
Cambridge, MA 02139
617-492-3000
fy 7 lerfo:
aa rizon.net
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Counsel for Defendant,
Derrick Todd, M.D.,
By his attorneys,
/s/ Anthony Abeln
Anthony Abeln, BBO#669207
Rachel McCloskey, BBO#6907 12
MORRISON MAHONEY, LLP
250 Summer Street
Boston, MA 02210
Tel No.: 617-439-7500
AAbel @morrisonmahoney.com
rmecloskey@morrisonmahoney.com
Counsel for Defendants,
The Brigham and Women’s Hospital, Inc., Brigham and Women’s
Faulkner Hospital, Inc., Brigham and Women’s Physicians
Organization, Inc., Mass General Brigham Community Physicians, Inc.,
and Mass General Brigham Incorporated,
By their Attorneys,
/s/ William P. Mekrut
Richard J. Riley, BBO #420610
William P. Mekrut, BBO# 654350
MURPHY & RILEY, P.C.
100 Franklin Street, Suite 500
Boston, MA 02110
Tel No.: (617) 423-3700
RRiley@murphyriley.con
WMekrut@murphyrile' Com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Counsel for Defendants,
Charles River Medical Associates, P.C., Joseph Harrington, M.D.,
Vinay Kumar, M.D., Paige Meisheid, M.D., Douglas Gronda, M.D.,
and Brian Parillo
By their Attorneys,
/s/ A. Bernard Guekguezian
A. Bernard Guekguezian, BBO#559191
Sarah A. Doucett, BBO#693659
ADLER, COHEN, HARVEY, WAKEMAN AND GUEKGUEZIAN, LLP
2 Oliver Street, Suite 1005
Boston, MA 02109
Tel No.: (617) 423-6674
BGuekguezian@adlercohen.com
SDoucett@adlercohen.com
CERTIFICATE OF SERVICE
I, William P. Merut, do hereby certify that on March 25, 2024, the within document was
filed through Odyssey File & Serve, will be served electronically to all registered participants
as identified on the Massachusetts ECF filing system and via electronic mail, as follows:
Andrew C. Meyer, Jr. Esq. Stacy Pietrowicz, Esq.
William J. Thompson, Esq. Sugarman and Sugarman, P.C.
LUBIN & MEYER, P.C. 31 St. James Ave. 10th Floor
100 City Hall Plaza Boston MA 02116
Boston, MA 02108-2106 Email: spictrowicz@sugarman.com
Email: BThompson@lubinandmeyer.com
Anthony E. Abeln, Esq. Patrick T. Jones, Esq.
Rachel S. McCloskey, Esq. Richard W. Paterniti, Esq.
Caroline M. Smith, Esq. JONES KELLEHER LLP
MORRISON MAHONEY LLP 21 Custom House Street
250 Summer Street Boston, MA 02110
Boston, MA 02210-1181 Email: materniti@joneskell.com
Email: aabeln@morrisonmahoney.com pjoncs@joneskell.com
rmecloskey(@morrisonmahoney.com
csmith@morrisonmahoney.com
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Sarah Doucett, Esq. Jonathan D. Sweet, Esq.
Asbed Guekguezian, Esq. Patrick J. Nelligan, Esq.
Adler Cohen Harvey Wakeman and Guekguezian Jeffery N. Catalano, Esq.
2 Oliver Street, Suite 1005 KECHES LAW GROUP, P.C.
Boston, MA 02109 2 Granite Ave. Suite 400
Email: BGuekguezian@adlercohen.com Milton, MA 02186
SDoucett@adlercohen.com Email: jsweet@kecheslaw.com
pnelligan@kecheslaw.com
Paula S. Bliss, Esq. Thomas E. Flaws, Esq.
Kimberly Dougherty, Esq. Altman Nussbaum Shunnarah
Justice Law Collaborative, LLC 44 School Street
210 Washington Street Boston, MA 02108
North Easton, MA 02356 Email: TFlaws@anslawyers.com
Email: paula@justicele.com
kim@justicele.com
Brian J. Perkins (to file Pro Hac Vice) Heather Boutet, Esq.
Peiffer Wolf Carr Kane Conway & Wise Parker Scheer LLP
555 Montgomery Street, Suite 820 One Center Plaza Suite 420
San Francisco, CA 94111 Boston, Massachusetts 02108
Email: bperkins@peifferwolf.com Email: hmb@parkerscheer.com
Tyler Fox, Esq.
Altman & Altman, LLP
675 Massachusetts Avenue
Cambridge, MA 02139
tylerfox@verizon.net
/s/ William P. Mekrut
William P. Mekrut
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
Date Filed 3/25/2024 3:23 PM
Superior Court - Suffolk
Docket Number 2484CV00171
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT
IN RE: DERRICK TODD, M.D. et al
CIVIL ACTION NO.: 2484CV00171
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
IT have read and understand the Protective Order entered in the above-captioned litigation
and I agree to be bound by its terms. Specifically, and without limitation upon such terms, I agree
not to use or disclose any Confidential Information made available to me other than in accordance
with this Protective Order.
I hereby agree to submit to the Massachusetts Superior Court, Suffolk County for
enforcement of the understanding I have made here.
DATE:
BY:
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Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk SL Docket Number 2484CV00171 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT IN RE: DERRICK TODD, M.D. et al CIVIL ACTION NO.: 2484CV00171 G JOINT MOTION FOR ENTRY OF A STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER The Parties to the above captioned action hereby move this Honorable Court to enter a Confidentiality Order in this matter, in the form and substance of the attached Stipulated Confidentiality Agreement and Protective Order (the “Proposed Confidentiality Order”). See Ex A. As grounds, the Parties jointly state that the entry of the Proposed Confidentiality Order is reasonable, logical, and proper in the context of the case and certain confidential information, including without limitation certain personal and medical information, that may be a part of the discovery process in this case. WHEREFORE, the Parties hereby joint move this Honorable Court to ALLOW this Motion and enter a Confidentiality Order in the form of the attached Proposed Confidentiality Order. Respectfully submitted: Counsel for Plaintiffs: /s/ William J. Thompson Andrew C. Meyer, Jr. (BBO# 344300) William J. Thompson (BBO# 559275) Julie A. Davis (BBO #691252) LUBIN & MEYER, P.C. 100 City Hall Plaza Boston, MA 02108-2106 Tel No.: (617) 740-4447 BThi son@lubinandmeyer.com davis lubinandmeyer.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 /s/ Paula Bliss Paula Bliss, BBO# 652361 JUSTICE LAW COLLABORATIVE, LLC 210 Washington Street N. Easton, MA 02356 Tel No.: (508) 230-2700 Paula@justicele.com /s/ Stacey L. Pietrowicz Stacey L. Pietrowicz, BBO# 672395 SUGARMAN AND SUGARMAN, P.C. 31 St. James Avenue, 10th Floor Boston, MA 02116 Tel No.: (617) 542-1000 pictr @sugarman OM /s/ Richard W. Paterniti Richard W. Paterniti, BBO#645170 JONES KELLEHER, LLP 21 Custom House Street Boston, MA 02110 Tel No.: (617) 737-3100 rpaterniti@joneskell.com /s/ Jeffrey Catalano Jeffrey Catalano, BBO#567798 Jonathon Sweet BBO# 634755 KECHES LAW GROUP 2 Lakeshore Center, Suite 3 Bridgewater, MA 02324 Tel No.: (508) 821-4387 jcatalano@kecheslaw.com jsweet@kecheslaw.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 /s/ HeatherM. Boutet Heather M. Boutet, Esq. PARKER SCHEER LLP One Center Plaza, Suite 420 Boston, MA 02108 ph (617) 886-0500 x1014 fax (617) 886-0100 www.parkerscheer.com /s/ Thomas Flaws Thomas Flaws, BBO# 661179 Altman Nussbaum Shunnarah 44 School Street, 6th FL Boston, MA 02108 tflaws@anslawyers.com /s/ Tyler Fox Tyler Fox, BBO# 176860 Altman & Altman, LLP 675 Massachusetts Avenue Cambridge, MA 02139 617-492-3000 tylerfox@verizon.net Counsel for Defendant, Derrick Todd, M.D., By his attorneys, /s/ Anthony Abeln Anthony Abeln, BBO#669207 Rachel McCloskey, BBO#690712 MORRISON MAHONEY, LLP 250 Summer Street Boston, MA 02210 Tel No.: 617-439-7500 AAbeln@morrisonmahoney.com rmeccloskey@morrisonmahoney.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Counsel for Defendants, The Brigham and Women’s Hospital, Inc., Brigham and Women’s Faulkner Hospital, Inc., Brigham and Women’s Physicians Organization, Inc., Mass General Brigham Community Physicians, Inc., and Mass General Brigham Incorporated, By their Attorneys, /s/ William P. Mekrut Richard J. Riley, BBO #420610 William P. Mekrut, BBO# 654350 MURPHY & RILEY, P.C. 100 Franklin Street, Suite 500 Boston, MA 02110 Tel No.: (617) 423-3700 RRiley@murphyriley.com WMekrut@murphyriley.com Counsel for Defendants, Charles River Medical Associates, P.C., Joseph Harrington, M.D., Vinay Kumar, M.D., Paige Meisheid, M.D., Douglas Gronda, M.D., and Brian Parillo By their Attorneys, /s/ A. Bernard Guekguezian A. Bernard Guekguezian, BBO#559191 Sarah A. Doucett, BBO#693659 ADLER, COHEN, HARVEY, WAKEMAN AND GUEKGUEZIAN, LLP. 2 Oliver Street, Suite 1005 Boston, MA 02109 Tel No.: (617) 423-6674 BGuek guezian@adlercohen.com SDoucett@adlercohen.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 CERTIFICATE OF SERVICE I, William P. Merut, do hereby certify that on March 25, 2024, the within document was filed through Odyssey File & Serve, will be served electronically to all registered participants as identified on the Massachusetts ECF filing system and via electronic mail, as follows: Andrew C. Meyer, Jr. Esq. Stacy Pietrowicz, Esq. William J. Thompson, Esq. Sugarman and Sugarman, P.C. LUBIN & MEYER, P.C. 31 St. James Ave. 10th Floor 100 City Hall Plaza Boston MA 02116 Boston, MA 02108-2106 Email: spietrowiez@sugarman.com Email: BThompson@lubinandmeyer.com Anthony E. Abeln, Esq. Patrick T. Jones, Esq. Rachel S. McCloskey, Esq. Richard W. Paterniti, Esq. Caroline M. Smith, Esq. JONES KELLEHER LLP MORRISON MAHONEY LLP 21 Custom House Street 250 Summer Street Boston, MA 02110 Boston, MA 02210-1181 Email: materniti@joneskell.com Email: aabeln@morrisonmahoncy.com pjones@ioneskell.com rmccloskey(@morrisonmahoney.com smth ( aGNOTLISO} & SET more. Se onmahoney.com Sarah Doucett, Esq. Jonathan D. Sweet, Esq. Asbed Guekguezian, Esq. Patrick J. Nelligan, Esq. Adler Cohen Harvey Wakeman and Guekguezian Jeffery N. Catalano, Esq. 2 Oliver Street, Suite 1005 KECHES LAW GROUP, P.C. Boston, MA 02 109 2 Granite Ave. Suite 400 Email: BG ekguezi @adlercohen.com Milton, MA 02186 ouc: it@ad he com Email: j cheslaw.com eches AW COM pheiliga Les ECNES com Paula S. Bliss, Esq. Thomas E. Flaws, Esq. Kimberly Dougherty, Esq. Altman Nussbaum Shunnarah Justice Law Collaborative, LLC 44 School Street 210 Washington Street Boston, MA 02108 North Easton, MA 02356 Email: TFlaws@anslawyers.com 1a nslaWwYe! Email: paula@justicele.con kim@ justice’ cont Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Brian J. Perkins (to file Pro Hac Vice) Heather Boutet, Esq. Peiffer Wolf Carr Kane Conway & Wise Parker Scheer LLP 555 Montgomery Street, Suite 820 One Center Plaza Suite 420 San Francisco, CA 94111 Boston, Massachusetts 02108 Email: bperkins@y cifferwolf.com Email: hmb@parkerscheer.com Tyler Fox, Esq. Altman & Altman, LLP 675 Massachusetts Avenue Cambridge, MA 02139 tylerfox@verizon.net /s/ William P. Mekrut William P. Mekrut Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Exhibit A Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT IN RE: DERRICK TODD, M.D. et al CIVIL ACTION NO.: 2484CV00171 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER This STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER (“Protective Order”), is made this 25th day of March, 2024, by and between Plaintiffs and Defendants. The Plaintiffs and Defendants are collectively referred here in as the “Parties.” The Parties hereby stipulate and agree to the entry of the following Protective Order: 1 This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced by any party or third party, Plaintiff and Defendant Fact Sheets, answers to interrogatories, responses to requests for admissions, deposition testimony, and other information, whether in oral, written, paper, or electronic form, disclosed pursuant to the disclosure or discovery duties created by the Massachusetts Rules of Civil Procedure or by discovery order in this action that constitute, refer to, concern, or relate to Plaintiffs’ medical records, of any nature and from any treatment provider, or contain or refer to their medical information or medical treatment in any way. This Protective Order does NOT apply to the trial of the underlying case, including but not limited to argument on any pretrial motions, jury voir dire/selection, trial proceedings and any appeal of any verdict by any party who is signatory to this agreement, although the Parties anticipate a similar agreement will be established in the event of trial in order to protect the privacy and identities of those Plaintiffs wishing to maintain anonymity throughout this litigation. This Protective Order also applies to the personal identifying information of witnesses. Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 2. For purposes of this Protective Order, the term “Confidential Information” means Plaintiffs’ names, addresses, dates of birth and medical records and information, including but not limited to Plaintiffs’ medical history, care or treatments received, test results, diagnoses, and medications taken. The term also includes confidential personal information, trade secrets, personnel records, or proprietary or commercially sensitive information of any Defendant or Defendant entity or witness or third-party, or that is otherwise subject to a non-disclosure agreement with a third-party. Information or documents that are or become available in the public sector, other than by violation of this Agreement, may not be designated as CONFIDENTIAL. The parties, by executing this Protective Order, do not waive their rights and objections to the production of any records for any other basis. 3 Any information, document, or portion of any document or electronically stored information (“ESI”) produced by any party or third party or marked as an exhibit at any deposition in this proceeding, any information given orally at a deposition, including the transcript of any deposition taken in this proceeding, and/or any information provided in writing in any response or answer to a written discovery request, or other exchange of information pursuant to an agreed upon procedure, that contains Confidential Information shall be treated as CONFIDENTIAL and subject to the terms of this Protective Order. 4 Any information, document, or portion of any document or electronically stored information containing Confidential Information shall be treated as CONFIDENTIAL under this Protective Order regardless of whether or not it is affixed with a “CONFIDENTIAL” designation. 5 In the case of a deposition where a party or third party produces documents containing Confidential Information, or testifies concerning such Confidential Information, the Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 portions of the witness’ testimony and any exhibits marked at the deposition containing Confidential Information are CONFIDENTIAL. 6. Documents, information or materials (“Discovery Information”) produced by any Party pursuant to any discovery request, court order, authorization, or subpoena, in this Action, including but not limited to material designated as CONFIDENTIAL, shall be used by the Parties only in the litigation of this Action and shall not be used or disclosed to any party outside the confines of the litigation for any other purpose. 7 Confidential Information, CONFIDENTIAL materials and Discovery Information shall be used by the counsel for the party receiving or reviewing such documents only for the purposes of preparing for and conducting this litigation. Confidential Information and CONFIDENTIAL materials will only be used in connection with this litigation and shall not be shared, emailed, communicated, published, or distributed in any way to third parties who are not parties to this litigation. Except as expressly provided hereinafter, parties and witnesses receiving any Confidential Information or CONFIDENTIAL material in connection this litigation shall maintain it in confidence in accordance with the requirements of this Protective Order, and shall not use it for any purpose other than in connection with this litigation. 8 Use of Confidential Information in Court Filings: Before filing CONFIDENTIAL materials with the Court, counsel for the party intending to submit the Confidential Information shall confer with opposing counsel as to whether filing under seal is necessary for the particular materials at issue and to discuss whether redactions to the materials would be sufficient to preserve confidentiality while allowing the materials to be otherwise publicly filed. If the parties cannot agree, the party submitting materials designated as CONFIDENTIAL shall file and/or serve as appropriate a motion to impound the Confidential Information in accordance with the Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Massachusetts Uniform Rules of Impoundment Procedure, Rule VIII of the Trial Court Rules and the opposing party will file a statement and/or affidavit supporting the request to seal within one week of service of the motion to impound. Pending a ruling on the motion to impound, the materials designated as CONFIDENTIAL hereunder shall be filed under seal unless otherwise agreed by the parties. In the alternative, materials containing Confidential Information may be filed with the Court or otherwise disclosed in pleadings, motions, depositions, or other documents if the Confidential Information has first been redacted from the materials. 9 The obligations that the Parties assume by entering into this Protective Order are continuing in nature and are not terminable because of the disposition of the litigation, by award, judgment or settlement. On the contrary, the provisions of this Protective Order shall remain in full force and effect following the conclusion of the litigation unless and until modified or withdrawn by the written consent of counsel for the Parties. At the conclusion of this case, unless other arrangements are agreed upon, each CONFIDENTIAL document and all copies thereof shall be returned to the producing Party or destroyed by counsel, who shall certify compliance. 10. The provisions of this Protective Order shall not be deemed a waiver by any of the Parties of the attorney/client, attorney work product, or any other privilege, but only an agreement that Confidential Information, once determined to be non-privileged and disclosed to the Parties, shall not be further disseminated, except in accordance with this Protective Order. 11. Confidential Information and CONFIDENTIAL materials subject to this Protective Order shall not be disclosed to anyone other than: a. Counsel. Counsel of record to the parties, including staff who assist in the prosecution or defense of this action and who are advised of the terms of this Protective Order, as well as liability insurance company claims representatives and other staff involved in the defense of any insured party; b. Parties. The parties; Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Court Reporters and Recorders. Any Court reporter or typist recording or transcribing testimony; The Court. The Court and court personnel; Consultants and Experts. Consultants, accountants, investigators, or experts (hereinafter referred to collectively as “experts”) employed by the parties or counsel for the parties to assist in the preparation and trial of this action, so long as they agree to comply with the terms of the Protective Order; Data Processing Services. Outside photocopying, data processing, or graphic production services the parties or their counsel use to assist in this lawsuit; Others by Consent or Order of the Court. Other persons only by written consent of the producing party or upon order of the Court and on such conditions as may be agreed or ordered; and Others as Required by Law. If a party is served with a subpoena seeking copies of documents such party has obtained through discovery that are marked CONFIDENTIAL, such party may produce such documents in order to comply with the subpoena; provided, however, that a party served with such subpoena promptly will give notice to the party that produced the subject documents so that the producing party will have an opportunity to oppose the subpoena. 12. Challenges by a Party to Designation as Confidential. Any designation of a document as CONFIDENTIAL is subject to challenge by any party. The following procedure shall apply to any such challenge. a Objection to Confidentiality. If a party receiving any document designated as CONFIDENTIAL seeks to challenge that designation, the receiving party may serve upon the designating party a letter objecting to the designation. The objection shall specify the documents to which the objection is directed and shall set forth the reasons for the objection as to each document or category of documents. CONFIDENTIAL documents to which objection has been made shall maintain their designation until designated otherwise by waiver, agreement or order of the Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Court. As to any document subject to this Agreement, the parties reserve the right to object to a designation throughout the duration of this action. Obligation to Meet and Confer. The objecting party and the party or third-party which designated the documents to which objection has been made shall have fifteen (15) calendar days from service of the objection to meet and confer in a good faith effort to resolve the objection by agreement. Such meet and confer may occur telephonically or via email. If agreement is reached confirming or waiving the CONFIDENTIAL designation as to any documents subject to the objection, the designating party shall serve on all parties a notice specifying the documents and the nature of the agreement. 13. Control of Documents. Counsel for the parties shall make reasonable efforts to prevent unauthorized disclosure of documents designated as CONFIDENTIAL pursuant to the terms of this Agreement. 14. Inadvertent Production of Privileged Information. The inadvertent production of any document or information during discovery in this action shall be without prejudice to and shall not be deemed a waiver of any claim that such material is privileged under the attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity from disclosure. A disclosing party may notify any party that received the inadvertently produced privileged information of the claim and the basis for it. After being notified, the receiving party must sequester and not use the information and any copies thereof. If the receiving party disagrees with the disclosing party’s assertion of privilege, the parties shall promptly confer, and if they cannot resolve the issue, the receiving party may present the dispute to the Court for a determination of the claim of privilege. Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 15. Remedies. The provisions of this Protective Order are necessary for the protection of confidential information and are considered by the Parties to be reasonable for such purpose. The Parties agree that any breach of this Protective Order may cause substantial and irreparable injury and, therefore, in the event of any threatened or actual breach, the parties agree to immediately and cooperatively take all necessary steps to remedy any such breach. 16. This Protective Order may be executed in several counterparts, each of which shall serve as an original against any Party who signed it, and all of which taken together shall constitute one and the same document. 17. If it becomes necessary to interpret any of the terms of this Protective Order, it is the intent of the parties that the laws of Massachusetts shall apply, without giving effect to the provision of law relating to conflicts of law or choice of laws. 18. This Protective Order contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements, discussions and statements concerning that subject matter. No modification or amendment to this Protective Order shall be binding unless executed in writing signed by all Parties. No waiver of any of the provisions of this Protective Order shall be deemed to constitute a waiver of any other provisions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver. [remainder of the page intentionally left blank] Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 AGREED TO BY: Counsel for Plaintiffs: /s/ William J. Thompson Andrew C. Meyer, Jr. (BBO# 344300) William J. Thompson (BBO# 559275) Julie A. Davis (BBO #691252) LUBIN & MEYER, P.C. 100 City Hall Plaza Boston, MA 02108-2106 Tel No.: (617) 740-4447 BT hompson@lubinandmeyer.com jdavis@lubinandmeyer.com /s/ Paula Bliss Paula Bliss, BBO# 652361 JUSTICE LAW COLLABORATIVE, LLC 210 Washington Street N. Easton, MA 02356 Tel No.: (508) 230-2700 Paula@justicele.com /s/ Stacey L. Pietrowicz Stacey L. Pietrowicz, BBO# 672395 SUGARMAN AND SUGARMAN, P.C. 31 St. James Avenue, 10th Floor Boston, MA 02116 Tel No.: (617) 542-1000 spietrowicz@sugarman.com /s/ Richard W. Paterniti Richard W. Paterniti, BBO#645170 JONES KELLEHER, LLP 21 Custom House Street Boston, MA 02110 Tel No.: (617) 737-3100 aterniti@joneskell.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 /s/ Jeffrey Catalano Jeffrey Catalano, BBO#567798 Jonathon Sweet BBO# 634755 KECHES LAW GROUP 2 Lakeshore Center, Suite 3 Bridgewater, MA 02324 Tel No.: (508) 821-4387 jcatalano@kecheslaw.com isweet(@kecheslaw.com /s/ Heather M. Boutet Heather M. Boutet, Esq. PARKER SCHEER LLP One Center Plaza, Suite 420 Boston, MA 02108 ph (617) 886-0500 x1014 fax (617) 886-0100 www.parkerscheer.corr /s/ Thomas Flaws Thomas Flaws, BBO# 661179 Altman Nussbaum Shunnarah 44 School Street, 6th FL Boston, MA 02108 tflaws(@anslawyers.com /s/ Tyler Fox Tyler Fox, BBO# 176860 Altman & Altman, LLP 675 Massachusetts Avenue Cambridge, MA 02139 617-492-3000 fy 7 lerfo: aa rizon.net Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Counsel for Defendant, Derrick Todd, M.D., By his attorneys, /s/ Anthony Abeln Anthony Abeln, BBO#669207 Rachel McCloskey, BBO#6907 12 MORRISON MAHONEY, LLP 250 Summer Street Boston, MA 02210 Tel No.: 617-439-7500 AAbel @morrisonmahoney.com rmecloskey@morrisonmahoney.com Counsel for Defendants, The Brigham and Women’s Hospital, Inc., Brigham and Women’s Faulkner Hospital, Inc., Brigham and Women’s Physicians Organization, Inc., Mass General Brigham Community Physicians, Inc., and Mass General Brigham Incorporated, By their Attorneys, /s/ William P. Mekrut Richard J. Riley, BBO #420610 William P. Mekrut, BBO# 654350 MURPHY & RILEY, P.C. 100 Franklin Street, Suite 500 Boston, MA 02110 Tel No.: (617) 423-3700 RRiley@murphyriley.con WMekrut@murphyrile' Com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Counsel for Defendants, Charles River Medical Associates, P.C., Joseph Harrington, M.D., Vinay Kumar, M.D., Paige Meisheid, M.D., Douglas Gronda, M.D., and Brian Parillo By their Attorneys, /s/ A. Bernard Guekguezian A. Bernard Guekguezian, BBO#559191 Sarah A. Doucett, BBO#693659 ADLER, COHEN, HARVEY, WAKEMAN AND GUEKGUEZIAN, LLP 2 Oliver Street, Suite 1005 Boston, MA 02109 Tel No.: (617) 423-6674 BGuekguezian@adlercohen.com SDoucett@adlercohen.com CERTIFICATE OF SERVICE I, William P. Merut, do hereby certify that on March 25, 2024, the within document was filed through Odyssey File & Serve, will be served electronically to all registered participants as identified on the Massachusetts ECF filing system and via electronic mail, as follows: Andrew C. Meyer, Jr. Esq. Stacy Pietrowicz, Esq. William J. Thompson, Esq. Sugarman and Sugarman, P.C. LUBIN & MEYER, P.C. 31 St. James Ave. 10th Floor 100 City Hall Plaza Boston MA 02116 Boston, MA 02108-2106 Email: spictrowicz@sugarman.com Email: BThompson@lubinandmeyer.com Anthony E. Abeln, Esq. Patrick T. Jones, Esq. Rachel S. McCloskey, Esq. Richard W. Paterniti, Esq. Caroline M. Smith, Esq. JONES KELLEHER LLP MORRISON MAHONEY LLP 21 Custom House Street 250 Summer Street Boston, MA 02110 Boston, MA 02210-1181 Email: materniti@joneskell.com Email: aabeln@morrisonmahoney.com pjoncs@joneskell.com rmecloskey(@morrisonmahoney.com csmith@morrisonmahoney.com Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Sarah Doucett, Esq. Jonathan D. Sweet, Esq. Asbed Guekguezian, Esq. Patrick J. Nelligan, Esq. Adler Cohen Harvey Wakeman and Guekguezian Jeffery N. Catalano, Esq. 2 Oliver Street, Suite 1005 KECHES LAW GROUP, P.C. Boston, MA 02109 2 Granite Ave. Suite 400 Email: BGuekguezian@adlercohen.com Milton, MA 02186 SDoucett@adlercohen.com Email: jsweet@kecheslaw.com pnelligan@kecheslaw.com Paula S. Bliss, Esq. Thomas E. Flaws, Esq. Kimberly Dougherty, Esq. Altman Nussbaum Shunnarah Justice Law Collaborative, LLC 44 School Street 210 Washington Street Boston, MA 02108 North Easton, MA 02356 Email: TFlaws@anslawyers.com Email: paula@justicele.com kim@justicele.com Brian J. Perkins (to file Pro Hac Vice) Heather Boutet, Esq. Peiffer Wolf Carr Kane Conway & Wise Parker Scheer LLP 555 Montgomery Street, Suite 820 One Center Plaza Suite 420 San Francisco, CA 94111 Boston, Massachusetts 02108 Email: bperkins@peifferwolf.com Email: hmb@parkerscheer.com Tyler Fox, Esq. Altman & Altman, LLP 675 Massachusetts Avenue Cambridge, MA 02139 tylerfox@verizon.net /s/ William P. Mekrut William P. Mekrut Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 Date Filed 3/25/2024 3:23 PM Superior Court - Suffolk Docket Number 2484CV00171 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT IN RE: DERRICK TODD, M.D. et al CIVIL ACTION NO.: 2484CV00171 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER IT have read and understand the Protective Order entered in the above-captioned litigation and I agree to be bound by its terms. Specifically, and without limitation upon such terms, I agree not to use or disclose any Confidential Information made available to me other than in accordance with this Protective Order. I hereby agree to submit to the Massachusetts Superior Court, Suffolk County for enforcement of the understanding I have made here. DATE: BY: