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LEWIS BRISBOIS BISGAARD & SMITH LLP
CHRISTOPHER R. RODRIGUEZ, SB# 212274
E-Mail: Chris.Rodriguez@lewisbrisbois.com
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ANDREW D. BLUTH, SB# 232387
E-Mail: Andrew.Bluth@lewisbrisbois.com
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2020 West El Camino Avenue, Suite 700 Su an it. ED nis
Sacramento, California 95833 Per county of Placer orme
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Telephone: 916.564.5400
Facsimile: 916.564.5444 SEP 04 2020
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12:21
Attorneys for Plaintiffs, AMERICAN eke Chatters
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HEALTHCARE ADMINISTRATIVE tee Stee cn
SERVICES, INC. and AHAS HOLDINGS, INC.
08/20/2020
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
Received
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11
AMERICAN HEALTHCARE CASE NO. SCV0042143
12 ADMINISTRATIVE SERVICES, INC. and
Electronically
AHAS HOLDINGS, INC., STIPULATION AND PROTECTIVE
13 ORDER
Plaintiffs,
14 Trial Date: None Set
vs.
15
LANCE AIZEN, an individual; and DOES 1-
16 10,
17 Defendants.
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19 IT IS HEREBY STIPULATED by and between the Parties to _American Healthcare
20 Administrative Services, Inc. and AHAS Holdings, Inc. v Lance Aizen., Plaintiff American
Administrative Services, Inc., Plaintiff AHAS Holdings, Inc., and Defendant Lance
21 Healthcare
their respective counsel of record, that in order to facilitate the exchange of
22 Aizen, by and through
documents which may be subject to confidentiality limitations on disclosure due
23 information and
24 to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
25 1. DEFINITIONS.
and Protective Order, the words set forth below shall have the following
26 In this Stipulation
27 meanings:
28
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a. “Proceeding” means the above-entitled proceeding, Placer County Court
Case No. SCV0042143.
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b. “Court” means
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any judge to which this Proceeding may be assigned,
including Court staffparticipating
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insuch proceedings.
c. “Confidential”
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means any information which is in the possession of a
Designating Party who
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believes in good faith that such information is entitled to confidential
treatment under applicable law.
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d. “Confidential Materials” means the specific portions of any Documents,
Testimony or Information (as those terms are defined below) designated as “Confidential”
10 pursuant to the provisions of this Stipulation and Protective Order, including confidential Personal
11 Information, as defined herein.
12 e. “Designating Party” means the Party that designates Materials as
13 “Confidential.”
14 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or
15 make available Materials, or any part thereof, or any information contained therein.
16 g. “Documents” means (i)any “Writing,” “Original,” and “Duplicate” as those
17 terms are defined by California Evidence Code Sections 250, 255, and 260, whether in paper or
18 electronic format, which have been produced in discovery inthis Proceeding by any party or third
19 party, and (ii)any copies, reproductions, or summaries of all or any part of the foregoing.
20 h. “Information” means the content of Documents or Testimony.
21 i. “Testimony” means all depositions, declarations or other testimony taken or
22 used in this Proceeding.
23 j- “Personal Information” means private information of natural human beings,
24 protected from disclosure by federal, state or local laws or regulations. Personal Information
25 includes, but is not limited to, social security numbers (except for the last4 digits), home
26 addresses (except for the city and state),personal telephone numbers, and medical information.
27 Nothing herein shall be construed as a waiver, release or alteration of such federal, state or local
28 laws or regulations protecting the private information of natural human beings. To the extent that
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such federal, state or local laws require greater protections, or impose greater obligations than
those of this Stipulation and Protective Order, then the requirements of such law or regulation
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shall prevail.
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2. DESIGNATION
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a. The Designating Party shall have the right to designate as “Confidential”
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the specific portions of any Documents, Testimony or Information that the Designating Party in
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good faith believes to contain non-public information, including Personal Information, that is
entitled to confidential treatment under applicable law.
b. The Party receiving Documents, Testimony or Information may also
10 designate specific portions of those Documents, Testimony or Information which it believes is
11 Confidential under applicable law, which has not been so designated by the Party producing them,
12 and shall be considered the “Designating Party” as to that Confidential Information.
15 as DISCOVERY PRIVILEGES AND RIGHTS
14 The entry of this Stipulation and Protective Order does not alter, waive, modify, or abridge
15 any right,privilege or protection otherwise available to any Party with respect to the discovery of
16 matters, including but not limited to any Party’s right to assert the attorney-client privilege, the
17 attorney work product doctrine, or other privileges, or any Party’s right to contest any such
18 assertion.
19 4, MANNER OF DESIGNATION
20 The specific portion, and only those specific portions, of any Documents, Testimony or
21 Information to be designated as “Confidential” must be clearly so designated before the
22 Document, Testimony or Information is Disclosed or produced. The “Confidential” designation
23 should not obscure or interfere with the legibilityof the designated Information.
24 a. For Documents (apart from transcripts of depositions or other pretrial or
25 trialproceedings), the Designating Party must affix the legend “Confidential” on each page of any
26 Document containing such designated Confidential Material.
For Testimony given in depositions the Designating Party may either:
27 b.
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i. identify on the record, before the close of the deposition, all
“Confidential” Testimony, by specifying those portions of the Testimony that
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qualify as “Confidential;” or
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ii. designate the entirety of the Testimony at the deposition as
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“Confidential” (before the deposition isconcluded) with the right to identify more
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specific portions of the Testimony as to which protection issought within 30 days
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following receipt of the deposition transcript. In circumstances where portions of
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the deposition Testimony are designated for protection, the transcript pages
containing “Confidential” Information may be separately bound by the court
10 reporter, who must affix to the top of each page the legend “Confidential,” as
11 instructed by the Designating Party.
12 6; For Information produced in some form other than Documents, and for any
13 other tangible items, including, without limitation, compact discs or DVDs, the Designating Party
14 must affix in a prominent place on the exterior of the container or containers inwhich the
15 Information or item is stored the legend “Contains Confidential Information” If only portions of
16 the Information or item warrant protection, the Designating Party shall identify to the receiving
17 Party the specific “Confidential” portions.
18 5. INDADVERTANT PRODUCTION OF CONFIDENTIAL INFORMATION
19 The inadvertent production by any of the undersigned Parties or non-Parties to the
20 Proceedings of any Document, Testimony or Information during discovery in thisProceeding
21 without a “Confidential” designation, shall be without prejudice to any claim that such item is
22 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent
23 production. In the event that any Document, Testimony or Information that is subject to a
“Confidential” designation is inadvertently produced without such designation, the Party that
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produced the document shall give written notice of such inadvertent production
25 inadvertently
(20) days of discovery of the inadvertent production, together with a further copy of
26 within twenty
Document, Testimony or Information designated as “Confidential” (the “Inadvertent
27 the subject
Upon receipt of such Inadvertent Production Notice, the Party that received
Production Notice”).
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the inadvertently produced Document, Testimony or Information shall promptly destroy the
inadvertently produced Document, Testimony or Information and all copies thereof, or, at the
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expense of the producing Party, return such together with all copies of such Document, Testimony
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or Information to counsel for the producing Party and shall retain only the “Confidential”
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designated Materials. Should the receiving Party choose to destroy such inadvertently produced
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Document, Testimony or Information, the receiving Party shall notify the producing
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Party in
writing of such destruction within ten (10) days of receipt of written notice of the inadvertent
production. This provision isnot intended to apply to any inadvertent production of any
Information protected by attorney-client or work product privileges. In the event that this
10 provision conflicts with any applicable law regarding waiver of confidentiality through the
11 inadvertent production of Documents, Testimony or Information, such law shall govern.
12 6. OBJECTIONS TO DESIGNATION
13 In the event that counsel for a Party receiving Documents, Testimony or Information in
14 discovery designated as “Confidential” objects to such designation with respect to any or allof
15 such items, said counsel shall advise counsel for the Designating Party, in writing, of such
16 objections, the specific portions of the Documents, Testimony or Information to which each
17 objection pertains, and the specific reasons and support for such objections (the “Designation
18 Objections”). Any Party or Non-Party may challenge a designation of confidentiality at any time.
19 Unless aprompt challenge to a Designating Party’s confidentiality designation isnecessary to
20 avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant
21 disruption or delay of the litigation, a Party does not waive itsright to challenge a confidentiality
22 designation by electing not to mount a challenge promptly after the original designation is
23 disclosed.
24 The parties shall attempt to resolve each challenge in good faith and must begin the
25 process by conferring directly (in voice-to-voice dialogue; other forms of communication are not
26 sufficient) within 14 days of the date of service of notice, unless some other period ismutually
27 agreed. In conferring, the challenging party must explain the basis for its belief that the
28 confidentiality designation was not proper and must give the Designating Party an opportunity to
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review the designated material, to reconsider the circumstances, and, ifno change in designation is
offered, to explain the basis for the chosen designation. A challenging party may proceed to the
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next stage of the challenge process only if ithas engaged in this meet and confer process firstor
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establishes that the designating party isunwilling to participate in the meet and confer process in a
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timely manner.
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Ifthe Parties cannot resolve the Designation Objections without court intervention,
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Counsel for the Designating Party within 14 days of the conclusion of the meet and confer
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process, or such other period as the Parties may otherwise agree, shall either (a)agree in writing to
de-designate Documents, Testimony or Information pursuant to any or all of the Designation
10 Objections and/or (b) file a motion with the Court seeking to uphold any or all designations on
11 Documents, Testimony or Information addressed by the Designation Objections (the “Designation
12 Motion”). Pending a resolution of the Designation Motion by the Court, any and all existing
13 designations on the Documents, Testimony or Information at issue in such Motion shall remain in
14 place. Each such motion must be accompanied by a competent declaration affirming that the
15 movant has complied with the meet and confer requirements imposed in the preceding paragraph.
16 The Designating Party shall have the burden on any Designation Motion of establishing the
17 applicability of its“Confidential” designation. In the event that the Designation Objections are
18 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents,
19 Testimony or Information shall be de-designated in accordance with the Designation Objection
20 applicable to such material.
21 In addition, the challenging party may file a motion challenging a confidentiality
22 designation at any time if there is good cause for doing so, including a challenge to the designation
23 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision
24 must be accompanied by a competent declaration affirming that the movant has complied with the
25 meet and confer requirements imposed by the preceding paragraph.
26 7. ACCESS AND DISCLOSURE
27 Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall
28 be permitted only to the following persons:
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a. the Court;
b. (1) Attorneys of record in the Proceedings and their affiliated attorneys,
paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in
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the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned
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Parties and the paralegal, clerical and secretarial staffemployed by such counsel. Provided,
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however, that each non-lawyer given access to Confidential Materials shall be advised that such
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Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and
Protective Order and that they may not be Disclosed other than pursuant to its terms;
Cc. those officers, directors, shareholders, partners, members, employees and
10 agents of all non-designating Parties that counsel for such Parties deems necessary to aid counsel
11 in the prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure
12 of Confidential Materials to any such officer, director, partner, member, employee or agent,
13 counsel for the Party making the Disclosure shall deliver acopy of this Stipulation and Protective
14 Order to such person, shall explain that such person isbound to follow the terms of such Order,
15 and shall secure the signature of such person on a statement in the form attached hereto as Exhibit
16 A;
17 d. court reporters in this Proceeding (whether atdepositions, hearings, or any
18 other proceeding);
19 e. any deposition, trialor hearing witness in the Proceeding who previously
20 has had access to the Confidential Materials, or who is currently or was previously an officer,
21 director, partner, member, employee or agent of an entity that has had access tothe Confidential
22 Materials;
23 E. any deposition or non-trial hearing witness inthe Proceeding who
24 previously did not have access to the Confidential Materials; provided, however, that each such
25 witness given access to Confidential Materials shall be advised that such Materials are being
Disclosed pursuant to,and are subject to, the terms of this Stipulation and Protective Order and
26
27 that they may not be Disclosed other than pursuant to itsterms;
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g. mock jury participants, provided, however, that prior to the Disclosure of
Confidential Materials to any such mock jury participant, counsel for the Party making the
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Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall
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explain that such person isbound to follow the terms of such Order, and shall secure the signature
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of such person on a statement in the form attached hereto as Exhibit A.
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h. outside experts or expert consultants consulted by the undersigned Parties
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or their counsel in connection with the Proceeding, whether or not retained to testify at any oral
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hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such
expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this
10 Stipulation and Protective Order to such person, shall explain itsterms to such person, and shall
11 secure the signature of such person on a statement in the form attached hereto as Exhibit A. Itshall
12 be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation
13 and Protective Order by any such expert or expert consultant, to promptly notify counsel for the
14 Designating Party of such breach or threatened breach; and
15 i. any other person that the Designating Party agrees to in writing.
16 8. PERMITTED USE
17 Confidential Materials shall be used by the persons receiving them only for the purposes of
18 preparing for,conducting, participating in the conduct of,and/or prosecuting and/or defending the
19 Proceeding, and not for any business or other purpose whatsoever. However, persons who have
20 legal access to Personal Information, subject to legal restrictions on itsuse, shall not be restricted
21 in such legal use by operation of this Stipulation and Protective Order. Nor shall any natural
22 human being be restricted in the use of their own Personal Information.
23 9. MODIFICATION OR RELIEF
24 Any Party to the Proceeding (or other person subject to the terms of this Stipulation and
may ask the Court, after appropriate notice to the other Parties to the
25 Protective Order)
modify or grant relief from any provision of this Stipulation and Protective Order.
26 Proceeding, to
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10. NOADMISSION
Entering into,agreeing to, and/or complying with the terms of this Stipulation and
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Protective Order shall not:
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a. operate as an admission by any person that any particular Document,
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Testimony or Information marked “‘Confidential” contains or reflects trade secrets, proprietary,
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confidential or competitively sensitive business, commercial, financial or personal information; or
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b. prejudice in any way the right of any Party (or any other person subject to
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the terms of this Stipulation and Protective Order):
1. to seek a determination by the Court of whether any particular
10 Confidential Material should be subject to protection as “Confidential” under the
11 terms of this Stipulation and Protective Order; or
12 il. to seek relieffrom the Court on appropriate notice to all other
13 Parties tothe Proceeding from any provision(s) of this Stipulation and Protective
14 Order, either generally or as to any particular Document, Material or Information.
15 ili. Relieve any Party of any obligation to safeguard Personal
16 Information under applicable law or regulation, nor constitute awaiver or release of
17 such Personal Information.
18 11. ADDITIONAL PARTIES
19 Any Party to the Proceeding who has not executed this Stipulation and Protective Order as
20 of the time it ispresented to the Court for signature may thereafter become a Party to this
21 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the
22 same with the Court, and serving copies of such signed and dated copy upon the other Parties to
23 this Stipulation and Protective Order.
24 12. NON-PARTY WITNESSES
25 Any Information that may be produced by a non-Party witness in discovery in the
26 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
27 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation
have the same force and effect, and create the same duties and obligations, as
28 by a non-Party shall
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ifmade by one of the undersigned Parties hereto. Any such designation shall also function as
consent by such producing Party to the authority of the Court in the Proceeding to resolve and
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conclusively determine any motion or other application made by any person or Party with respect to
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such designation, or any other matter otherwise arising under this Stipulation and Protective Order.
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13. SUBPOENA OF MATERIALS
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Ifany person subject to this Stipulation and Protective Order who has custody of any
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Confidential Materials receives a subpoena or other process (“Subpoena”) from any government
or other person or entity demanding production of Confidential Materials, the recipient of the
Subpoena shall promptly give notice of the same by electronic mail transmission, followed by
10 either express mail or overnight delivery to counsel of record for the Designating Party, and shall
11 furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating
12 Party may, in itssole discretion and at its own cost, move to quash or limit the Subpoena,
13 otherwise oppose production of the Confidential Materials, and/or seek to obtain confidential
14 treatment of such Confidential Materials from the subpoenaing person or entity to the fullest
15 extent available under law. The recipient of the Subpoena may not produce any Documents,
16 Testimony or Information pursuant to the Subpoena prior to the date specified for production on
17 the Subpoena. Nothing herein alters the obligations and rights of Code Civ. P. § 1985.6.
18 14. ADDITIONAL PROTECTIONS
19 Nothing in this Stipulation and Protective Order shall be construed to preclude either Party
20 from asserting in good faith that certain Confidential Materials require additional protection. The
21 Parties shall meet and confer to agree upon the terms of such additional protection.
22 15. UNAUTHORIZED DISCLOSURE
of this Stipulation and Protective Order, any Confidential
23 a. If,after execution
24 Materials submitted by a Designating Party under the terms of this Stipulation and Protective
by a non-Designating Party to any person other than in the manner authorized
25 Order is Disclosed
this Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure
26 by
pertinent facts relating to the Disclosure of such Confidential Materials to the
27 shall bring all
28 immediate attention of the Designating Party.
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16. WAIVER
This Stipulation and Protective Order is entered into without prejudice to the right of any
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Party to knowingly waive the applicability of this Stipulation and Protective Order to any
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Confidential Materials designated by that Party. Ifthe Designating Party
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uses Confidential
Materials in a non-Confidential manner, then the Designating Party shall advise that the
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designation no longer applies.
17. USEIN MOTIONS
Where any Confidential Material is included in any motion or other proceeding (other than
trial),the party shall follow either the rules specified in (a) or (b) below, as applicable:
10 a. The Party submitting the Document, Testimony or other Information shall
11 redact allConfidential or Personal Information designated pursuant to this Stipulated Protective
12 Order before it isfiled and served. If there is any dispute over the designation of such
13 Confidential or Personal Information, the party shall redact allsuch Information subject to dispute,
14 unless and untila finalresolution as to that dispute. OR:
15 b. The Party submitting the Document, Testimony or other Information, shall
16 follow the procedures of California Rules of Court, Rules 2.550 and 2.551. With respect to
17 discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550
18 and 2.551, the following shall apply: If Confidential Materials or Information derived from
19 Confidential Materials are submitted to or otherwise disclosed to the Court in connection with
20 discovery motions and proceedings, the same shall be separately filed under seal with the clerk of
21 the Court in an envelope marked: “CONFIDENTIAL — FILED UNDER SEAL PURSUANT TO
22 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
23 18. USEIN TRIAL
24 The Parties shall meet and confer regarding the procedures for use of Confidential
25 Materials at trialand shall move the Court for entry of an appropriate order.
26 19. ADMISSIBILITY AND STATUS
this Stipulation and Protective Order shall affect the admissibility into evidence
27 Nothing in
Materials, or abridge the rights of any person to seek judicial review or to pursue
28 of Confidential
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other appropriate judicial action with respect to any ruling made by the Court concerning the issue
of the status of Protected Material.
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20. CONTINUED EFFECT
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This Stipulation and Protective Order
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shall continue to be binding after the conclusion of
this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party
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may seek the written permission of the Designating Party or may move the Court for relief from
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the provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court
shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective Order,
even after the Proceeding isterminated.
10 21. RETURN OF MATERIALS
11 Upon written request made within thirty (30) days afterthe settlement or other termination
12 of the Proceeding, the undersigned Parties shall have thirty(30) days to either (a) promptly return
13 to counsel for each Designating Party all Confidential Materials and all copies thereof (except that
14 counsel for each Party may maintain in itsfiles, in continuing compliance with the terms of this
15 Stipulation and Protective Order, all work product, and one copy of each pleading filedwith the
16 Court and one copy of each deposition together with the exhibits marked at the deposition), (b)
17 agree with counsel for the Designating Party upon appropriate methods and certification of
18 destruction or other disposition of such Confidential Materials, or (c) as to any Documents,
19 Testimony or other Information not addressed by sub-paragraphs (a) and (b), filea motion seeking
20 a Court order regarding proper preservation of such Materials. To the extent permitted by law the
21 Court shall retain continuing jurisdiction to review and rule upon the motion referred to in sub-
22 paragraph (c) herein.
23 22. COURT APPROVAL
24 After this Stipulation and Protective Order has been signed by counsel for allParties, it
25 shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein
with regard to any Confidential Materials that have been produced before the Court signs this
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Protective Order. Each Party reserves the right to contest or appeal any alteration
27 Stipulation and
28 of this Stipulation and Protective Order by the Court.
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23. PARTIES BOUND
The Parties and allsignatories to the Certification attached hereto as Exhibit A agree tobe
bound by this Stipulation and Protective Order pending itsapproval and entry by the Court. In the
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event that the Court modifies this Stipulation and Protective Order, or in the event that the Court
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enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective
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Order until such time as the Court may enter such a different Order. It isthe Parties’ intent to be
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bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for
immediate production of Confidential Materials under the terms herein.
24. HEADINGS
10 Headings used in this Stipulation and Protective Order are solely for convenience in
11 navigating the document, and shall not be construed to affect or alter its substance.
12 This Stipulation and Protective Order may be executed in counterparts.
13
14 SO STIPULATED:
15
16 DATED: August 2° , 2020 LEWIS BRISBOIS BISGAARD & SMITH LLP
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LEWIS BRISBOIS BISGAARD & SMITH LLP CHRISTOPHER R. RODRIGUEZ, SB# 212274 E-Mail: Chris.Rodriguez@lewisbrisbois.com N ANDREW D. BLUTH, SB# 232387 E-Mail: Andrew.Bluth@lewisbrisbois.com HH 2020 West El Camino Avenue, Suite 700 Su an it. ED nis Sacramento, California 95833 Per county of Placer orme & Telephone: 916.564.5400 Facsimile: 916.564.5444 SEP 04 2020 ua 12:21 Attorneys for Plaintiffs, AMERICAN eke Chatters nN HEALTHCARE ADMINISTRATIVE tee Stee cn SERVICES, INC. and AHAS HOLDINGS, INC. 08/20/2020 | SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER Received 10 11 AMERICAN HEALTHCARE CASE NO. SCV0042143 12 ADMINISTRATIVE SERVICES, INC. and Electronically AHAS HOLDINGS, INC., STIPULATION AND PROTECTIVE 13 ORDER Plaintiffs, 14 Trial Date: None Set vs. 15 LANCE AIZEN, an individual; and DOES 1- 16 10, 17 Defendants. 18 19 IT IS HEREBY STIPULATED by and between the Parties to _American Healthcare 20 Administrative Services, Inc. and AHAS Holdings, Inc. v Lance Aizen., Plaintiff American Administrative Services, Inc., Plaintiff AHAS Holdings, Inc., and Defendant Lance 21 Healthcare their respective counsel of record, that in order to facilitate the exchange of 22 Aizen, by and through documents which may be subject to confidentiality limitations on disclosure due 23 information and 24 to federal laws, state laws, and privacy rights, the Parties stipulate as follows: 25 1. DEFINITIONS. and Protective Order, the words set forth below shall have the following 26 In this Stipulation 27 meanings: 28 LEWIS BRISBOIS BISGAARD 4849-4015-5336.1 & SMATH LP ATIORNEYS Al LAW STIPULATION AND PROTECTIVE ORDER a. “Proceeding” means the above-entitled proceeding, Placer County Court Case No. SCV0042143. Ww b. “Court” means WwW any judge to which this Proceeding may be assigned, including Court staffparticipating &® insuch proceedings. c. “Confidential” nn means any information which is in the possession of a Designating Party who nA believes in good faith that such information is entitled to confidential treatment under applicable law. ~ d. “Confidential Materials” means the specific portions of any Documents, Testimony or Information (as those terms are defined below) designated as “Confidential” 10 pursuant to the provisions of this Stipulation and Protective Order, including confidential Personal 11 Information, as defined herein. 12 e. “Designating Party” means the Party that designates Materials as 13 “Confidential.” 14 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or 15 make available Materials, or any part thereof, or any information contained therein. 16 g. “Documents” means (i)any “Writing,” “Original,” and “Duplicate” as those 17 terms are defined by California Evidence Code Sections 250, 255, and 260, whether in paper or 18 electronic format, which have been produced in discovery inthis Proceeding by any party or third 19 party, and (ii)any copies, reproductions, or summaries of all or any part of the foregoing. 20 h. “Information” means the content of Documents or Testimony. 21 i. “Testimony” means all depositions, declarations or other testimony taken or 22 used in this Proceeding. 23 j- “Personal Information” means private information of natural human beings, 24 protected from disclosure by federal, state or local laws or regulations. Personal Information 25 includes, but is not limited to, social security numbers (except for the last4 digits), home 26 addresses (except for the city and state),personal telephone numbers, and medical information. 27 Nothing herein shall be construed as a waiver, release or alteration of such federal, state or local 28 laws or regulations protecting the private information of natural human beings. To the extent that LEWIS BRISBOIS BISGAARD 4849-40 15-5336.1 2 & SMITH LP ATIORNEYS AT LAW STIPULATION AND PROTECTIVE ORDER such federal, state or local laws require greater protections, or impose greater obligations than those of this Stipulation and Protective Order, then the requirements of such law or regulation Ww shall prevail. WwW 2. DESIGNATION & a. The Designating Party shall have the right to designate as “Confidential” n the specific portions of any Documents, Testimony or Information that the Designating Party in na good faith believes to contain non-public information, including Personal Information, that is entitled to confidential treatment under applicable law. b. The Party receiving Documents, Testimony or Information may also 10 designate specific portions of those Documents, Testimony or Information which it believes is 11 Confidential under applicable law, which has not been so designated by the Party producing them, 12 and shall be considered the “Designating Party” as to that Confidential Information. 15 as DISCOVERY PRIVILEGES AND RIGHTS 14 The entry of this Stipulation and Protective Order does not alter, waive, modify, or abridge 15 any right,privilege or protection otherwise available to any Party with respect to the discovery of 16 matters, including but not limited to any Party’s right to assert the attorney-client privilege, the 17 attorney work product doctrine, or other privileges, or any Party’s right to contest any such 18 assertion. 19 4, MANNER OF DESIGNATION 20 The specific portion, and only those specific portions, of any Documents, Testimony or 21 Information to be designated as “Confidential” must be clearly so designated before the 22 Document, Testimony or Information is Disclosed or produced. The “Confidential” designation 23 should not obscure or interfere with the legibilityof the designated Information. 24 a. For Documents (apart from transcripts of depositions or other pretrial or 25 trialproceedings), the Designating Party must affix the legend “Confidential” on each page of any 26 Document containing such designated Confidential Material. For Testimony given in depositions the Designating Party may either: 27 b. 28 LEWIS BRISBOIS BISGAARD 5-5336.1 4849-401 3 & SMITH LLP ATIORNEYS AT LAW STIPULATION AND PROTECTIVE ORDER i. identify on the record, before the close of the deposition, all “Confidential” Testimony, by specifying those portions of the Testimony that WN qualify as “Confidential;” or GS ii. designate the entirety of the Testimony at the deposition as & “Confidential” (before the deposition isconcluded) with the right to identify more mn specific portions of the Testimony as to which protection issought within 30 days Nn following receipt of the deposition transcript. In circumstances where portions of —l the deposition Testimony are designated for protection, the transcript pages containing “Confidential” Information may be separately bound by the court 10 reporter, who must affix to the top of each page the legend “Confidential,” as 11 instructed by the Designating Party. 12 6; For Information produced in some form other than Documents, and for any 13 other tangible items, including, without limitation, compact discs or DVDs, the Designating Party 14 must affix in a prominent place on the exterior of the container or containers inwhich the 15 Information or item is stored the legend “Contains Confidential Information” If only portions of 16 the Information or item warrant protection, the Designating Party shall identify to the receiving 17 Party the specific “Confidential” portions. 18 5. INDADVERTANT PRODUCTION OF CONFIDENTIAL INFORMATION 19 The inadvertent production by any of the undersigned Parties or non-Parties to the 20 Proceedings of any Document, Testimony or Information during discovery in thisProceeding 21 without a “Confidential” designation, shall be without prejudice to any claim that such item is 22 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent 23 production. In the event that any Document, Testimony or Information that is subject to a “Confidential” designation is inadvertently produced without such designation, the Party that 24 produced the document shall give written notice of such inadvertent production 25 inadvertently (20) days of discovery of the inadvertent production, together with a further copy of 26 within twenty Document, Testimony or Information designated as “Confidential” (the “Inadvertent 27 the subject Upon receipt of such Inadvertent Production Notice, the Party that received Production Notice”). LEWIS BRISBOIS 4849-4015-5336.1 4 BISGAARD & SMITH LLP STIPULATION AND PROTECTIVE ORDER ATTORNEYS AT LAW the inadvertently produced Document, Testimony or Information shall promptly destroy the inadvertently produced Document, Testimony or Information and all copies thereof, or, at the wv expense of the producing Party, return such together with all copies of such Document, Testimony Ww or Information to counsel for the producing Party and shall retain only the “Confidential” > designated Materials. Should the receiving Party choose to destroy such inadvertently produced MN Document, Testimony or Information, the receiving Party shall notify the producing Nn Party in writing of such destruction within ten (10) days of receipt of written notice of the inadvertent production. This provision isnot intended to apply to any inadvertent production of any Information protected by attorney-client or work product privileges. In the event that this 10 provision conflicts with any applicable law regarding waiver of confidentiality through the 11 inadvertent production of Documents, Testimony or Information, such law shall govern. 12 6. OBJECTIONS TO DESIGNATION 13 In the event that counsel for a Party receiving Documents, Testimony or Information in 14 discovery designated as “Confidential” objects to such designation with respect to any or allof 15 such items, said counsel shall advise counsel for the Designating Party, in writing, of such 16 objections, the specific portions of the Documents, Testimony or Information to which each 17 objection pertains, and the specific reasons and support for such objections (the “Designation 18 Objections”). Any Party or Non-Party may challenge a designation of confidentiality at any time. 19 Unless aprompt challenge to a Designating Party’s confidentiality designation isnecessary to 20 avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant 21 disruption or delay of the litigation, a Party does not waive itsright to challenge a confidentiality 22 designation by electing not to mount a challenge promptly after the original designation is 23 disclosed. 24 The parties shall attempt to resolve each challenge in good faith and must begin the 25 process by conferring directly (in voice-to-voice dialogue; other forms of communication are not 26 sufficient) within 14 days of the date of service of notice, unless some other period ismutually 27 agreed. In conferring, the challenging party must explain the basis for its belief that the 28 confidentiality designation was not proper and must give the Designating Party an opportunity to LEWIS BRISBOIS BISGAARD 4849-4015-5336.1 5 & SMATH LLP ATIORNEYS AT LAW STIPULATION AND PROTECTIVE ORDER review the designated material, to reconsider the circumstances, and, ifno change in designation is offered, to explain the basis for the chosen designation. A challenging party may proceed to the WN next stage of the challenge process only if ithas engaged in this meet and confer process firstor eH establishes that the designating party isunwilling to participate in the meet and confer process in a > timely manner. un Ifthe Parties cannot resolve the Designation Objections without court intervention, Nn Counsel for the Designating Party within 14 days of the conclusion of the meet and confer oo| process, or such other period as the Parties may otherwise agree, shall either (a)agree in writing to de-designate Documents, Testimony or Information pursuant to any or all of the Designation 10 Objections and/or (b) file a motion with the Court seeking to uphold any or all designations on 11 Documents, Testimony or Information addressed by the Designation Objections (the “Designation 12 Motion”). Pending a resolution of the Designation Motion by the Court, any and all existing 13 designations on the Documents, Testimony or Information at issue in such Motion shall remain in 14 place. Each such motion must be accompanied by a competent declaration affirming that the 15 movant has complied with the meet and confer requirements imposed in the preceding paragraph. 16 The Designating Party shall have the burden on any Designation Motion of establishing the 17 applicability of its“Confidential” designation. In the event that the Designation Objections are 18 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents, 19 Testimony or Information shall be de-designated in accordance with the Designation Objection 20 applicable to such material. 21 In addition, the challenging party may file a motion challenging a confidentiality 22 designation at any time if there is good cause for doing so, including a challenge to the designation 23 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 24 must be accompanied by a competent declaration affirming that the movant has complied with the 25 meet and confer requirements imposed by the preceding paragraph. 26 7. ACCESS AND DISCLOSURE 27 Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall 28 be permitted only to the following persons: LEWIS BRISBOIS BISGAARD 15-5336.1 4849-40 6 & SMITH LLP ATIORNEYS AT LAW STIPULATION AND PROTECTIVE ORDER a. the Court; b. (1) Attorneys of record in the Proceedings and their affiliated attorneys, paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in —& the Proceedings and are not employees of any Party. (2) In-house counsel to the undersigned & Parties and the paralegal, clerical and secretarial staffemployed by such counsel. Provided, on however, that each non-lawyer given access to Confidential Materials shall be advised that such nH Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be Disclosed other than pursuant to its terms; Cc. those officers, directors, shareholders, partners, members, employees and 10 agents of all non-designating Parties that counsel for such Parties deems necessary to aid counsel 11 in the prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure 12 of Confidential Materials to any such officer, director, partner, member, employee or agent, 13 counsel for the Party making the Disclosure shall deliver acopy of this Stipulation and Protective 14 Order to such person, shall explain that such person isbound to follow the terms of such Order, 15 and shall secure the signature of such person on a statement in the form attached hereto as Exhibit 16 A; 17 d. court reporters in this Proceeding (whether atdepositions, hearings, or any 18 other proceeding); 19 e. any deposition, trialor hearing witness in the Proceeding who previously 20 has had access to the Confidential Materials, or who is currently or was previously an officer, 21 director, partner, member, employee or agent of an entity that has had access tothe Confidential 22 Materials; 23 E. any deposition or non-trial hearing witness inthe Proceeding who 24 previously did not have access to the Confidential Materials; provided, however, that each such 25 witness given access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant to,and are subject to, the terms of this Stipulation and Protective Order and 26 27 that they may not be Disclosed other than pursuant to itsterms; 28 LEWIS BRISBOIS 7 BISGAARD 15-5336.1 4849-40 & SMITH LP ATTORNEYS AT LAW STIPULAT ION AND PROTECT IVE ORDER g. mock jury participants, provided, however, that prior to the Disclosure of Confidential Materials to any such mock jury participant, counsel for the Party making the WN Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall WO explain that such person isbound to follow the terms of such Order, and shall secure the signature >» of such person on a statement in the form attached hereto as Exhibit A. a h. outside experts or expert consultants consulted by the undersigned Parties nN or their counsel in connection with the Proceeding, whether or not retained to testify at any oral I hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this 10 Stipulation and Protective Order to such person, shall explain itsterms to such person, and shall 11 secure the signature of such person on a statement in the form attached hereto as Exhibit A. Itshall 12 be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation 13 and Protective Order by any such expert or expert consultant, to promptly notify counsel for the 14 Designating Party of such breach or threatened breach; and 15 i. any other person that the Designating Party agrees to in writing. 16 8. PERMITTED USE 17 Confidential Materials shall be used by the persons receiving them only for the purposes of 18 preparing for,conducting, participating in the conduct of,and/or prosecuting and/or defending the 19 Proceeding, and not for any business or other purpose whatsoever. However, persons who have 20 legal access to Personal Information, subject to legal restrictions on itsuse, shall not be restricted 21 in such legal use by operation of this Stipulation and Protective Order. Nor shall any natural 22 human being be restricted in the use of their own Personal Information. 23 9. MODIFICATION OR RELIEF 24 Any Party to the Proceeding (or other person subject to the terms of this Stipulation and may ask the Court, after appropriate notice to the other Parties to the 25 Protective Order) modify or grant relief from any provision of this Stipulation and Protective Order. 26 Proceeding, to 27 28 LEWIS BRISBOIS 8 BISGAARD 4849-4015-5336.1 & SMITH LLP ATTORNEYS AT LAW STIPULATION AND PROTECTIVE ORDER 10. NOADMISSION Entering into,agreeing to, and/or complying with the terms of this Stipulation and WN Protective Order shall not: |S a. operate as an admission by any person that any particular Document, >»_ Testimony or Information marked “‘Confidential” contains or reflects trade secrets, proprietary, a confidential or competitively sensitive business, commercial, financial or personal information; or nN b. prejudice in any way the right of any Party (or any other person subject to — the terms of this Stipulation and Protective Order): 1. to seek a determination by the Court of whether any particular 10 Confidential Material should be subject to protection as “Confidential” under the 11 terms of this Stipulation and Protective Order; or 12 il. to seek relieffrom the Court on appropriate notice to all other 13 Parties tothe Proceeding from any provision(s) of this Stipulation and Protective 14 Order, either generally or as to any particular Document, Material or Information. 15 ili. Relieve any Party of any obligation to safeguard Personal 16 Information under applicable law or regulation, nor constitute awaiver or release of 17 such Personal Information. 18 11. ADDITIONAL PARTIES 19 Any Party to the Proceeding who has not executed this Stipulation and Protective Order as 20 of the time it ispresented to the Court for signature may thereafter become a Party to this 21 Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the 22 same with the Court, and serving copies of such signed and dated copy upon the other Parties to 23 this Stipulation and Protective Order. 24 12. NON-PARTY WITNESSES 25 Any Information that may be produced by a non-Party witness in discovery in the 26 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 27 “Confidential” under the terms of this Stipulation and Protective Order, and any such designation have the same force and effect, and create the same duties and obligations, as 28 by a non-Party shall LEWIS BRISBOIS 15-5336.1 9 BISGAARD 4849-40 & SMITH LLP STIPULATION AND PROTECTIVE ORDER ATTORNEYS AT LAW ifmade by one of the undersigned Parties hereto. Any such designation shall also function as consent by such producing Party to the authority of the Court in the Proceeding to resolve and NY conclusively determine any motion or other application made by any person or Party with respect to | such designation, or any other matter otherwise arising under this Stipulation and Protective Order. &— 13. SUBPOENA OF MATERIALS a Ifany person subject to this Stipulation and Protective Order who has custody of any Nn Confidential Materials receives a subpoena or other process (“Subpoena”) from any government or other person or entity demanding production of Confidential Materials, the recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed by 10 either express mail or overnight delivery to counsel of record for the Designating Party, and shall 11 furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating 12 Party may, in itssole discretion and at its own cost, move to quash or limit the Subpoena, 13 otherwise oppose production of the Confidential Materials, and/or seek to obtain confidential 14 treatment of such Confidential Materials from the subpoenaing person or entity to the fullest 15 extent available under law. The recipient of the Subpoena may not produce any Documents, 16 Testimony or Information pursuant to the Subpoena prior to the date specified for production on 17 the Subpoena. Nothing herein alters the obligations and rights of Code Civ. P. § 1985.6. 18 14. ADDITIONAL PROTECTIONS 19 Nothing in this Stipulation and Protective Order shall be construed to preclude either Party 20 from asserting in good faith that certain Confidential Materials require additional protection. The 21 Parties shall meet and confer to agree upon the terms of such additional protection. 22 15. UNAUTHORIZED DISCLOSURE of this Stipulation and Protective Order, any Confidential 23 a. If,after execution 24 Materials submitted by a Designating Party under the terms of this Stipulation and Protective by a non-Designating Party to any person other than in the manner authorized 25 Order is Disclosed this Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure 26 by pertinent facts relating to the Disclosure of such Confidential Materials to the 27 shall bring all 28 immediate attention of the Designating Party. LEWIS BRISBOIS 10 BISGAARD 4849-4015-5336.1 & SMITH UP ATIORNEYS Al LAW STIPULATION AND PROTECTIVE ORDER 16. WAIVER This Stipulation and Protective Order is entered into without prejudice to the right of any WN Party to knowingly waive the applicability of this Stipulation and Protective Order to any Ww Confidential Materials designated by that Party. Ifthe Designating Party —_- uses Confidential Materials in a non-Confidential manner, then the Designating Party shall advise that the Nn designation no longer applies. 17. USEIN MOTIONS Where any Confidential Material is included in any motion or other proceeding (other than trial),the party shall follow either the rules specified in (a) or (b) below, as applicable: 10 a. The Party submitting the Document, Testimony or other Information shall 11 redact allConfidential or Personal Information designated pursuant to this Stipulated Protective 12 Order before it isfiled and served. If there is any dispute over the designation of such 13 Confidential or Personal Information, the party shall redact allsuch Information subject to dispute, 14 unless and untila finalresolution as to that dispute. OR: 15 b. The Party submitting the Document, Testimony or other Information, shall 16 follow the procedures of California Rules of Court, Rules 2.550 and 2.551. With respect to 17 discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550 18 and 2.551, the following shall apply: If Confidential Materials or Information derived from 19 Confidential Materials are submitted to or otherwise disclosed to the Court in connection with 20 discovery motions and proceedings, the same shall be separately filed under seal with the clerk of 21 the Court in an envelope marked: “CONFIDENTIAL — FILED UNDER SEAL PURSUANT TO 22 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 23 18. USEIN TRIAL 24 The Parties shall meet and confer regarding the procedures for use of Confidential 25 Materials at trialand shall move the Court for entry of an appropriate order. 26 19. ADMISSIBILITY AND STATUS this Stipulation and Protective Order shall affect the admissibility into evidence 27 Nothing in Materials, or abridge the rights of any person to seek judicial review or to pursue 28 of Confidential LEWIS BRISBOIS 11 BISGAARD 4849-4015-5336.1 & SMITH LIP STIPULATION AND PROTECTIVE ORDER ATIORNEYS AI LAW other appropriate judicial action with respect to any ruling made by the Court concerning the issue of the status of Protected Material. WN 20. CONTINUED EFFECT WY This Stipulation and Protective Order &»_ shall continue to be binding after the conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party ua may seek the written permission of the Designating Party or may move the Court for relief from Nn the provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective Order, even after the Proceeding isterminated. 10 21. RETURN OF MATERIALS 11 Upon written request made within thirty (30) days afterthe settlement or other termination 12 of the Proceeding, the undersigned Parties shall have thirty(30) days to either (a) promptly return 13 to counsel for each Designating Party all Confidential Materials and all copies thereof (except that 14 counsel for each Party may maintain in itsfiles, in continuing compliance with the terms of this 15 Stipulation and Protective Order, all work product, and one copy of each pleading filedwith the 16 Court and one copy of each deposition together with the exhibits marked at the deposition), (b) 17 agree with counsel for the Designating Party upon appropriate methods and certification of 18 destruction or other disposition of such Confidential Materials, or (c) as to any Documents, 19 Testimony or other Information not addressed by sub-paragraphs (a) and (b), filea motion seeking 20 a Court order regarding proper preservation of such Materials. To the extent permitted by law the 21 Court shall retain continuing jurisdiction to review and rule upon the motion referred to in sub- 22 paragraph (c) herein. 23 22. COURT APPROVAL 24 After this Stipulation and Protective Order has been signed by counsel for allParties, it 25 shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein with regard to any Confidential Materials that have been produced before the Court signs this 26 Protective Order. Each Party reserves the right to contest or appeal any alteration 27 Stipulation and 28 of this Stipulation and Protective Order by the Court. LEWIS BRISBOIS 1 15-5336. 4849-40 12 BISGAARD & SMITH LIP STIPULATION AND PROTECTIVE ORDER ATIORNEYS AI LAW 23. PARTIES BOUND The Parties and allsignatories to the Certification attached hereto as Exhibit A agree tobe bound by this Stipulation and Protective Order pending itsapproval and entry by the Court. In the WW event that the Court modifies this Stipulation and Protective Order, or in the event that the Court ee enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective a Order until such time as the Court may enter such a different Order. It isthe Parties’ intent to be NS bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for immediate production of Confidential Materials under the terms herein. 24. HEADINGS 10 Headings used in this Stipulation and Protective Order are solely for convenience in 11 navigating the document, and shall not be construed to affect or alter its substance. 12 This Stipulation and Protective Order may be executed in counterparts. 13 14 SO STIPULATED: 15 16 DATED: August 2° , 2020 LEWIS BRISBOIS BISGAARD & SMITH LLP CE™