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1 Harold R. Jones (State Bar No. 209266)
Swaja Khanna (State Bar No. 334833)
2 JACKSON LEWIS P.C.
50 California Street, 9th Floor
3 San Francisco, California 94111-4615
Telephone: (415) 394-9400
4 Facsimile: (415) 394-9401
E-mail: Harold.Jones@jacksonlewis.com
5 E-mail: Swaja.Khanna@jacksonlewis.com
6 Attorneys for Defendant
NATERA, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
10 MONIKA CHOPRA, an individual, Case No. 21-CIV-04310
11 Plaintiff, [PROPOSED] STIPULATED
PROTECTIVE ORDER
12 v.
13 NATERA, INC., a Delaware corporation; and
DOES 1 through 50, inclusive,
14 Complaint Filed: 08/12/2021
Defendants. Trial Date: TBD
15
16 1. PURPOSES AND LIMITATIONS
17 Disclosure and discovery activity in this action are likely to involve production of
18 confidential, proprietary, or private information for which special protection from public
19 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
20 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
21 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
22 all disclosures or responses to discovery and that the protection it affords from public disclosure
23 and use extends only to the limited information or items that are entitled to confidential treatment
24 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,
25 below, that this Stipulated Protective Order does not entitle them to file confidential information
26 under seal; California Rule of Court 2.550 and set forth the procedures that must be followed and
27 the standards that will be applied when a party seeks permission from the court to file material
28 under seal.
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1 2. DEFINITIONS
2 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
3 information or items under this Order.
4 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
5 generated, stored or maintained), documents, or tangible things that qualify for protection under
6 California Rule of Court 2.550 et seq. and California Code of Civil Procedure Sections 2025.420,
7 2030.090, 2031.060, and 2033.080 or similar statutes.
8 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
9 well as their support staff).
10 2.4 Designating Party: a Party or Non-Party that designates information or items
11 produced in discovery as “CONFIDENTIAL.”
12 2.5 Disclosure or Discovery Material: all items or information, regardless of the
13 medium or manner in which it is generated, stored, or maintained (including, among other things,
14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
15 responses to discovery in this matter.
16 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
17 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
18 consultant in this action, whether or not retained to testify at any oral hearing or trial.
19 2.7 House Counsel: attorneys who are employees of a party to this action. House
20 Counsel does not include Outside Counsel of Record or any other outside counsel.
21 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
22 entity not named as a Party to this action.
23 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this
24 action but are retained to represent or advise a party to this action and have appeared in this action
25 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
26 2.10 Party: any party to this action, including all of its officers, directors, employees,
27 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
28 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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[PROPOSED] STIPULATED PROTECTIVE ORDER
1 Material in this action, and/or information or items belonging or pertaining to a Party or Non-Party
2 that are the subject of production via subpoena to a third-party.
3 2.12 Professional Vendor(s): persons or entities that provide litigation support services
4 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
5 organizing, storing, or retrieving data in any form or medium) and their employees and
6 subcontractors.
7 2.13 Protected Material: any Disclosure or Discovery Material that is designated as
8 “CONFIDENTIAL.”
9 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
10 Producing Party.
11 3. SCOPE
12 The protections conferred by this Stipulation and Order cover not only Protected Material
13 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
14 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
15 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
16 However, the protections conferred by this Stipulation and Order do not cover the following
17 information: (a) any information that is in the public domain at the time of disclosure to a
18 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
19 a result of publication not involving a violation of this Order, including becoming part of the public
20 record through trial; and (b) any information known to the Receiving Party prior to the disclosure
21 or obtained by the Receiving Party after the disclosure from a source who obtained the information
22 lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected
23 Material at trial shall be governed by a separate agreement or order.
24 4. DURATION
25 Even after final disposition of this litigation, the confidentiality obligations imposed by this
26 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
27 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
28 and defenses in this action, with or without prejudice; and (2) final judgment herein after the
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1 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
2 including the time limits for filing any motions or applications for extension of time pursuant to
3 applicable law.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
6 or Non-Party that designates information or items for protection under this Order must take care
7 to limit any such designation to specific material that qualifies under the appropriate standards.
8 The Designating Party must designate for protection only those parts of material, documents,
9 items, or oral or written communications that qualify – so that other portions of the material,
10 documents, items, or communications for which protection is not warranted are not swept
11 unjustifiably within the ambit of this Order.
12 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
13 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
14 unnecessarily encumber or retard the case development process or to impose unnecessary expenses
15 and burdens on other parties) expose the Designating Party to sanctions.
16 If it comes to a Designating Party’s attention that information or items that it designated
17 for protection do not qualify for protection, that Designating Party must promptly notify all other
18 Parties that it is withdrawing the mistaken designation.
19 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
20 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
21 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
22 designated before the material is disclosed or produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic documents, but
25 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
26 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
27 or portions of the material on a page qualifies for protection, the Producing Party also must clearly
28 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
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1 A Party or Non-Party that makes original documents, items, or materials available for
2 inspection, regardless of whether such documents, items, or materials are produced directly by a
3 Party, Non-Party, or via a Professional Vendor, need not designate them for protection until after
4 the inspecting Party has indicated which material it would like copied and produced. During the
5 inspection and before the designation, all of the material made available for inspection shall be
6 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
7 copied and produced, the Producing Party must determine which documents, or portions thereof,
8 qualify for protection under this Order. Then, before producing the specified documents, the
9 Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected
10 Material. If only a portion or portions of the material on a page qualifies for protection, the
11 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
12 markings in the margins).
13 Where information or items belonging or pertaining to a Party are the subject of
14 production via subpoena to a third-party, all information or items produced in response to the
15 subpoena shall be treated as Protected Material under this Order for fourteen (14) days. If a
16 Party believes in good faith that any information or items produced in response to the subpoena
17 are entitled to protection under this Order, then within fourteen (14) days after the production,
18 that Party may identify the information or items designated for protection, by affixing the
19 “CONFIDENTIAL” legend to each page that contains information and producing those items or
20 documents to all other Parties. If only a portion or portions of the material on a page qualifies
21 for protection, the designating Party also must clearly identify the protected portion(s) (e.g., by
22 making appropriate markings in the margins).
23 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
24 Designating Party identify on the record, before the close of the deposition, hearing, or other
25 proceeding, all protected testimony.
26 (c) for information produced in some form other than documentary and for any other
27 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
28 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
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1 portion or portions of the information or item warrant protection, the Producing Party, to the extent
2 practicable, shall identify the protected portion(s).
3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
4 designate qualified information or items does not, standing alone, waive the Designating Party’s
5 right to secure protection under this Order for such material. In the event that any information or
6 items that are subject to a “CONFIDENTIAL” designation is inadvertently produced without such
7 designation, the Producing Party shall give written notice of such inadvertent production within
8 twenty (20) days of discovery of the inadvertent production, together with a further copy of the
9 information or items designated as “CONFIDENTIAL” (the “Inadvertent Production Notice”).
10 Upon receipt of such Inadvertent Production Notice, the Party that received the inadvertently
11 produced items or information shall promptly destroy the inadvertently produced items or
12 information, and all copies thereof, or at the expense of the Producing Party, return such together
13 with all copies thereof, and shall retain only the Protected Material. Should the Receiving Party
14 choose to destroy such inadvertently produced items or information, the Receiving Party shall
15 notify the Producing Party of such destruction within ten (10) days receipt of the Inadvertent
16 Production Notice. This provision is not intended to apply to the inadvertent production of any
17 items or information protected by attorney-client or work product privileges. In the event that this
18 provision conflicts with any applicable law regarding waiver of confidentiality through the
19 inadvertent production of items or information, such law shall govern.
20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
22 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
23 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
24 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
25 challenge a confidentiality designation by electing not to mount a challenge promptly after the
26 original designation is disclosed.
27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
28 process by providing written notice of each designation it is challenging and describing the basis
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1 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice
2 must recite that the challenge to confidentiality is being made in accordance with this specific
3 paragraph of the Protective Order. The Parties shall attempt to resolve each challenge in good faith
4 and must begin the process by conferring directly (in voice to voice dialogue; other forms of
5 communication are not sufficient) within 14 days of the date of service of notice. In conferring,
6 the Challenging Party must explain the basis for its belief that the confidentiality designation was
7 not proper and must give the Designating Party an opportunity to review the designated material,
8 to reconsider the circumstances, and, if no change in designation is offered, to explain the basis
9 for the chosen designation. A Challenging Party may proceed to the next stage of the challenge
10 process only if it has engaged in this meet and confer process first or establishes that the
11 Designating Party is unwilling to participate in the meet and confer process in a timely manner.
12 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
13 intervention, the Designating Party shall file and serve a motion to retain confidentiality under this
14 Order within 30 days of the initial notice of challenge or within 14 days of the Parties agreeing
15 that the meet and confer process will not resolve their dispute, whichever is earlier. Each such
16 motion must be accompanied by a competent declaration affirming that the movant has complied
17 with the meet and confer requirements imposed in the preceding paragraph. Failure by the
18 Designating Party to make such a motion including the required declaration within 30 days (or 14
19 days, if applicable) shall automatically waive the confidentiality designation for each challenged
20 designation. In addition, the Challenging Party may file a motion challenging a confidentiality
21 designation at any time if there is good cause for doing so, including a challenge to the designation
22 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision
23 must be accompanied by a competent declaration affirming that the movant has complied with the
24 meet and confer requirements imposed by the preceding paragraph.
25 The burden of persuasion in any such challenge proceeding shall be on the Designating
26 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
27 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
28 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
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1 file a motion to retain confidentiality as described above, all Parties shall continue to afford the
2 material in question the level of protection to which it is entitled under the Producing Party’s
3 designation until the court rules on the challenge.
4 7. ACCESS TO AND USE OF PROTECTED MATERIAL
5 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
6 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
7 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
8 the categories of persons and under the conditions described in this Order. When the litigation has
9 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
10 DISPOSITION).
11 Protected Material must be stored and maintained by a Receiving Party at a location and in
12 a secure manner that ensures that access is limited to the persons authorized under this Order.
13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
14 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
15 information or item designated “CONFIDENTIAL” only to:
16 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
17 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
18 information for this litigation and who have signed the “Acknowledgment and Agreement to Be
19 Bound” that is attached hereto as Exhibit A;
20 (b) the officers, directors, employees, and attorneys (including House Counsel) of the
21 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed
22 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
24 reasonably necessary for this litigation and who have signed the “Acknowledgment and
25 Agreement to Be Bound” (Exhibit A);
26 (d) the court and its personnel;
27 (e) court reporters and their staff, professional jury or trial consultants, mock jurors,
28 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
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1 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2 (f) witnesses during their depositions, trial testimony, or hearing in the action who
3 previously had access to the Protected Materials, who is currently an officer, director, employee,
4 or agent of an entity that has had access to the Protected Materials, or to whom disclosure is
5 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
6 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
7 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be
8 separately bound by the court reporter and may not be disclosed to anyone except as permitted
9 under this Stipulated Protective Order.
10 (g) the author or recipient of a document containing the information or a custodian or
11 other person who otherwise possessed or knew the information.
12 (h) any other person that the Designating Party agrees to in writing.
13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
14 LITIGATION
15 If a Party is served with a subpoena or a court order issued in other litigation that compels
16 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
17 must:
18 (a) promptly notify in writing the Designating Party. Such notification shall include a
19 copy of the subpoena or court order;
20 (b) promptly notify in writing the party who caused the subpoena or order to issue in
21 the other litigation that some or all of the material covered by the subpoena or order is subject to
22 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
23 and
24 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
25 Designating Party whose Protected Material may be affected.
26 If the Designating Party timely seeks a protective order, the Party served with the subpoena
27 or court order shall not produce any information designated in this action as “CONFIDENTIAL”
28 before a determination by the court from which the subpoena or order was issued, unless the Party
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1 has obtained the Designating Party’s permission. The Designating Party shall bear the burden and
2 expense of seeking protection in that court of its confidential material – and nothing in these
3 provisions should be construed as authorizing or encouraging a Receiving Party in this action to
4 disobey a lawful directive from another court.
5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
6 LITIGATION
7 (a) The terms of this Order are applicable to information produced by a Non-Party in
8 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
9 connection with this litigation is protected by the remedies and relief provided by this Order.
10 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
11 additional protections.
12 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
13 Party’s confidential information in its possession, and the Party is subject to an agreement with the
14 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the Non-Party that some
16 or all of the information requested is subject to a confidentiality agreement with a Non-Party;
17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
18 in this litigation, the relevant discovery request(s), and a reasonably specific description of the
19 information requested; and
20 (3) make the information requested available for inspection by the Non-Party.
21 (c) If the Non-Party fails to object or seek a protective order from this court within 14
22 days of receiving the notice and accompanying information, the Receiving Party may produce the
23 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
24 seeks a protective order, the Receiving Party shall not produce any information in its possession
25 or control that is subject to the confidentiality agreement with the Non-Party before a
26 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
27 burden and expense of seeking protection in this court of its Protected Material.
28 ///
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1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
3 Material to any person or in any circumstance not authorized under this Stipulated Protective
4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and
8 Agreement to Be Bound” that is attached hereto as Exhibit A.
9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
10 MATERIAL
11 11.1 When a Producing Party gives notice to Receiving Parties that certain
12 inadvertently produced material is subject to a claim of privilege or other protection, the
13 obligations of the Receiving Parties are as follows: If information produced in discovery is
14 subject to a claim of privilege or of protection as trial-preparation material, the party making the
15 claim may notify any Receiving Parties the information of the claim and the basis for it. After
16 being notified, a Receiving Party must promptly return, sequester, or destroy the specified
17 information and any copies it has; must not use or disclose the information until the claim is
18 resolved; must take reasonable steps to retrieve the information if the Receiving Party disclosed
19 it before being notified; and may promptly present the information to the court under seal for a
20 determination of the claim. The Producing Party must preserve the information until the claim is
21 resolved. This provision is not intended to modify whatever procedure may be established in an
22 e-discovery order that provides for production without prior privilege review. Insofar as the
23 parties reach an agreement on the effect of disclosure of a communication or information
24 covered by the attorney-client privilege or work product protection, the parties may incorporate
25 their agreement in the stipulated protective order submitted to the court.
26 12. MISCELLANEOUS
27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
28 seek its modification by the court in the future.
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1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
2 no Party waives any right it otherwise would have to object to disclosing or producing any
3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
4 Party waives any right to object on any ground to use in evidence of any of the material covered
5 by this Protective Order.
6 12.3 Further Protections. Nothing in this Stipulation and Protective Order shall be
7 construed to preclude either Party from asserting in good faith that certain Confidential Materials
8 require additional protection. The Parties shall meet and confer to agree upon the terms of such
9 additional protection.
10 12.4 Filing Protected Material. Nothing in this order determines that any document
11 marked “Confidential” qualifies for sealing under California Rule of Court 2.550 or relieves any
12 party from following the procedure in California Rule of Court 2.551. The Parties agree to meet
13 and confer regarding the filing of any document that has been designated “Confidential Material”
14 by any Party and whether such document should be filed under seal in accordance with Rule 2.550
15 and 2.551 of the California Rules of Court and the relevant provisions of California Code of Civil
16 procedure Sections 2025, 2030, 2031, and 2033. Without written permission from the Designating
17 Party or a court order secured after appropriate notice to all interested persons, a Party may not file
18 in the public record in this action any Protected Material. If a Receiving Party's request to file
19 Protected Material under seal is denied by the court, then the Receiving Party may file the
20 information in the public record unless otherwise instructed by the court.
21 12.5 Use of Protected Materials at Trial. The Parties shall meet and confer regarding the
22 procedures for use of Protected Materials at trial and shall move the court for entry of an
23 appropriate order.
24 12.6 Admissibility. Nothing in this Stipulation and Protective Order shall affect the
25 admissibility into evidence of Protected Materials, or abridge the rights of any person to seek
26 judicial review or to pursue other appropriate judicial action with respect to any ruling made by
27 the court concerning the issue of the status of Protected Materials.
28 ///
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1 13. FINAL DISPOSITION
2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
3 Receiving Party must return all Protected Material to the Producing Party or destroy such material.
4 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
5 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
6 the Protected Material is returned or destroyed, the Receiving Party must submit a written
7 certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
8 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
9 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
10 abstracts, compilations, summaries or any other format reproducing or capturing any of the
11 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy
12 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
14 and expert work product, even if such materials contain Protected Material. Any such archival
15 copies that contain or constitute Protected Material remain subject to this Protective Order as set
16 forth in Section 4 (DURATION).
17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: _____________________
January 14, 2022 MARQUEE LAW GROUP, A.P.C.
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By: _________________________________
22 F. Shawn Azizollahi
Gary Brotman
23 Attorneys for Plaintiff
MONIKA CHOPRA
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Dated: January 14, 2022 JACKSON LEWIS P.C.
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By:
4 Harold R. Jones
Swaja Khanna
5 Attorneys for Defendant
NATERA, INC.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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9 DATED: ________________________ ____________________________________
Judge of the Superior Court
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and
5 understand the Stipulated Protective Order that was issued by the Superior Court, County of San
6 Mateo on [ date ] in the case of MONIKA CHOPRA V. NATERA; Case No.: 21-CIV-04310.
7 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and
8 I understand and acknowledge that failure to so comply could expose me to sanctions and
9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner
10 any information or item that is subject to this Stipulated Protective Order to any person or entity
11 except in strict compliance with the provisions of this Order.
12 I further agree to submit to the jurisdiction of the Superior Court, County of San Francisco
13 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
14 enforcement proceedings occur after termination of this action.
15 I hereby appoint __________________________ [print or type full name] of
16 _______________________________________ [print or type full address and telephone
17 number] as my California agent for service of process in connection with this action or any
18 proceedings related to enforcement of this Stipulated Protective Order.
19
20 Date: ______________________________________
21 City and State where sworn and signed: _________________________________
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23 Printed name: _______________________________
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25 Signature: __________________________________
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1 PROOF OF SERVICE
2 I, Beth Davis, declare that I am employed with the law firm of Jackson Lewis P.C., whose
3 address is 50 California Street, 9th Floor, San Francisco, California 94111-4615; I am over the age
4 of eighteen (18) years and am not a party to this action.
5 On January 14, 2022, I served the attached:
6
[PROPOSED] STIPULATED PROTECTIVE ORDER
7
8 in this action as follows:
F. Shawn Azizollahi
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1 Harold R. Jones (State Bar No. 209266) Swaja Khanna (State Bar No. 334833) 2 JACKSON LEWIS P.C. 50 California Street, 9th Floor 3 San Francisco, California 94111-4615 Telephone: (415) 394-9400 4 Facsimile: (415) 394-9401 E-mail: Harold.Jones@jacksonlewis.com 5 E-mail: Swaja.Khanna@jacksonlewis.com 6 Attorneys for Defendant NATERA, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 MONIKA CHOPRA, an individual, Case No. 21-CIV-04310 11 Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER 12 v. 13 NATERA, INC., a Delaware corporation; and DOES 1 through 50, inclusive, 14 Complaint Filed: 08/12/2021 Defendants. Trial Date: TBD 15 16 1. PURPOSES AND LIMITATIONS 17 Disclosure and discovery activity in this action are likely to involve production of 18 confidential, proprietary, or private information for which special protection from public 19 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 20 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 21 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 22 all disclosures or responses to discovery and that the protection it affords from public disclosure 23 and use extends only to the limited information or items that are entitled to confidential treatment 24 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 25 below, that this Stipulated Protective Order does not entitle them to file confidential information 26 under seal; California Rule of Court 2.550 and set forth the procedures that must be followed and 27 the standards that will be applied when a party seeks permission from the court to file material 28 under seal. 1 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 2. DEFINITIONS 2 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 3 information or items under this Order. 4 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 5 generated, stored or maintained), documents, or tangible things that qualify for protection under 6 California Rule of Court 2.550 et seq. and California Code of Civil Procedure Sections 2025.420, 7 2030.090, 2031.060, and 2033.080 or similar statutes. 8 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 9 well as their support staff). 10 2.4 Designating Party: a Party or Non-Party that designates information or items 11 produced in discovery as “CONFIDENTIAL.” 12 2.5 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, among other things, 14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 15 responses to discovery in this matter. 16 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 17 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 18 consultant in this action, whether or not retained to testify at any oral hearing or trial. 19 2.7 House Counsel: attorneys who are employees of a party to this action. House 20 Counsel does not include Outside Counsel of Record or any other outside counsel. 21 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 22 entity not named as a Party to this action. 23 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 24 action but are retained to represent or advise a party to this action and have appeared in this action 25 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 26 2.10 Party: any party to this action, including all of its officers, directors, employees, 27 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 28 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 2 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Material in this action, and/or information or items belonging or pertaining to a Party or Non-Party 2 that are the subject of production via subpoena to a third-party. 3 2.12 Professional Vendor(s): persons or entities that provide litigation support services 4 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 5 organizing, storing, or retrieving data in any form or medium) and their employees and 6 subcontractors. 7 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 8 “CONFIDENTIAL.” 9 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 10 Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected Material 13 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 14 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 15 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 16 However, the protections conferred by this Stipulation and Order do not cover the following 17 information: (a) any information that is in the public domain at the time of disclosure to a 18 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 19 a result of publication not involving a violation of this Order, including becoming part of the public 20 record through trial; and (b) any information known to the Receiving Party prior to the disclosure 21 or obtained by the Receiving Party after the disclosure from a source who obtained the information 22 lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected 23 Material at trial shall be governed by a separate agreement or order. 24 4. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations imposed by this 26 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 27 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 28 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 3 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 2 including the time limits for filing any motions or applications for extension of time pursuant to 3 applicable law. 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 6 or Non-Party that designates information or items for protection under this Order must take care 7 to limit any such designation to specific material that qualifies under the appropriate standards. 8 The Designating Party must designate for protection only those parts of material, documents, 9 items, or oral or written communications that qualify – so that other portions of the material, 10 documents, items, or communications for which protection is not warranted are not swept 11 unjustifiably within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 13 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 14 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 15 and burdens on other parties) expose the Designating Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that it designated 17 for protection do not qualify for protection, that Designating Party must promptly notify all other 18 Parties that it is withdrawing the mistaken designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 20 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 21 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 22 designated before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, but 25 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 26 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 27 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 4 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents, items, or materials available for 2 inspection, regardless of whether such documents, items, or materials are produced directly by a 3 Party, Non-Party, or via a Professional Vendor, need not designate them for protection until after 4 the inspecting Party has indicated which material it would like copied and produced. During the 5 inspection and before the designation, all of the material made available for inspection shall be 6 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 7 copied and produced, the Producing Party must determine which documents, or portions thereof, 8 qualify for protection under this Order. Then, before producing the specified documents, the 9 Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected 10 Material. If only a portion or portions of the material on a page qualifies for protection, the 11 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 markings in the margins). 13 Where information or items belonging or pertaining to a Party are the subject of 14 production via subpoena to a third-party, all information or items produced in response to the 15 subpoena shall be treated as Protected Material under this Order for fourteen (14) days. If a 16 Party believes in good faith that any information or items produced in response to the subpoena 17 are entitled to protection under this Order, then within fourteen (14) days after the production, 18 that Party may identify the information or items designated for protection, by affixing the 19 “CONFIDENTIAL” legend to each page that contains information and producing those items or 20 documents to all other Parties. If only a portion or portions of the material on a page qualifies 21 for protection, the designating Party also must clearly identify the protected portion(s) (e.g., by 22 making appropriate markings in the margins). 23 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 24 Designating Party identify on the record, before the close of the deposition, hearing, or other 25 proceeding, all protected testimony. 26 (c) for information produced in some form other than documentary and for any other 27 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 28 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 5 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 portion or portions of the information or item warrant protection, the Producing Party, to the extent 2 practicable, shall identify the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 4 designate qualified information or items does not, standing alone, waive the Designating Party’s 5 right to secure protection under this Order for such material. In the event that any information or 6 items that are subject to a “CONFIDENTIAL” designation is inadvertently produced without such 7 designation, the Producing Party shall give written notice of such inadvertent production within 8 twenty (20) days of discovery of the inadvertent production, together with a further copy of the 9 information or items designated as “CONFIDENTIAL” (the “Inadvertent Production Notice”). 10 Upon receipt of such Inadvertent Production Notice, the Party that received the inadvertently 11 produced items or information shall promptly destroy the inadvertently produced items or 12 information, and all copies thereof, or at the expense of the Producing Party, return such together 13 with all copies thereof, and shall retain only the Protected Material. Should the Receiving Party 14 choose to destroy such inadvertently produced items or information, the Receiving Party shall 15 notify the Producing Party of such destruction within ten (10) days receipt of the Inadvertent 16 Production Notice. This provision is not intended to apply to the inadvertent production of any 17 items or information protected by attorney-client or work product privileges. In the event that this 18 provision conflicts with any applicable law regarding waiver of confidentiality through the 19 inadvertent production of items or information, such law shall govern. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 22 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 23 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 24 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 25 challenge a confidentiality designation by electing not to mount a challenge promptly after the 26 original designation is disclosed. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 28 process by providing written notice of each designation it is challenging and describing the basis 6 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice 2 must recite that the challenge to confidentiality is being made in accordance with this specific 3 paragraph of the Protective Order. The Parties shall attempt to resolve each challenge in good faith 4 and must begin the process by conferring directly (in voice to voice dialogue; other forms of 5 communication are not sufficient) within 14 days of the date of service of notice. In conferring, 6 the Challenging Party must explain the basis for its belief that the confidentiality designation was 7 not proper and must give the Designating Party an opportunity to review the designated material, 8 to reconsider the circumstances, and, if no change in designation is offered, to explain the basis 9 for the chosen designation. A Challenging Party may proceed to the next stage of the challenge 10 process only if it has engaged in this meet and confer process first or establishes that the 11 Designating Party is unwilling to participate in the meet and confer process in a timely manner. 12 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 13 intervention, the Designating Party shall file and serve a motion to retain confidentiality under this 14 Order within 30 days of the initial notice of challenge or within 14 days of the Parties agreeing 15 that the meet and confer process will not resolve their dispute, whichever is earlier. Each such 16 motion must be accompanied by a competent declaration affirming that the movant has complied 17 with the meet and confer requirements imposed in the preceding paragraph. Failure by the 18 Designating Party to make such a motion including the required declaration within 30 days (or 14 19 days, if applicable) shall automatically waive the confidentiality designation for each challenged 20 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 21 designation at any time if there is good cause for doing so, including a challenge to the designation 22 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 23 must be accompanied by a competent declaration affirming that the movant has complied with the 24 meet and confer requirements imposed by the preceding paragraph. 25 The burden of persuasion in any such challenge proceeding shall be on the Designating 26 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 27 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 28 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 7 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 file a motion to retain confidentiality as described above, all Parties shall continue to afford the 2 material in question the level of protection to which it is entitled under the Producing Party’s 3 designation until the court rules on the challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 6 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 7 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 8 the categories of persons and under the conditions described in this Order. When the litigation has 9 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a location and in 12 a secure manner that ensures that access is limited to the persons authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 14 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 15 information or item designated “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 17 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 18 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 19 Bound” that is attached hereto as Exhibit A; 20 (b) the officers, directors, employees, and attorneys (including House Counsel) of the 21 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 22 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 24 reasonably necessary for this litigation and who have signed the “Acknowledgment and 25 Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 28 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 8 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (f) witnesses during their depositions, trial testimony, or hearing in the action who 3 previously had access to the Protected Materials, who is currently an officer, director, employee, 4 or agent of an entity that has had access to the Protected Materials, or to whom disclosure is 5 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 7 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 8 separately bound by the court reporter and may not be disclosed to anyone except as permitted 9 under this Stipulated Protective Order. 10 (g) the author or recipient of a document containing the information or a custodian or 11 other person who otherwise possessed or knew the information. 12 (h) any other person that the Designating Party agrees to in writing. 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 14 LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that compels 16 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 17 must: 18 (a) promptly notify in writing the Designating Party. Such notification shall include a 19 copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order to issue in 21 the other litigation that some or all of the material covered by the subpoena or order is subject to 22 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 23 and 24 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 25 Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with the subpoena 27 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 28 before a determination by the court from which the subpoena or order was issued, unless the Party 9 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 has obtained the Designating Party’s permission. The Designating Party shall bear the burden and 2 expense of seeking protection in that court of its confidential material – and nothing in these 3 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 4 disobey a lawful directive from another court. 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 6 LITIGATION 7 (a) The terms of this Order are applicable to information produced by a Non-Party in 8 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 9 connection with this litigation is protected by the remedies and relief provided by this Order. 10 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 11 additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 13 Party’s confidential information in its possession, and the Party is subject to an agreement with the 14 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party that some 16 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 18 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 19 information requested; and 20 (3) make the information requested available for inspection by the Non-Party. 21 (c) If the Non-Party fails to object or seek a protective order from this court within 14 22 days of receiving the notice and accompanying information, the Receiving Party may produce the 23 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 24 seeks a protective order, the Receiving Party shall not produce any information in its possession 25 or control that is subject to the confidentiality agreement with the Non-Party before a 26 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 27 burden and expense of seeking protection in this court of its Protected Material. 28 /// 10 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 7 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 8 Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 11.1 When a Producing Party gives notice to Receiving Parties that certain 12 inadvertently produced material is subject to a claim of privilege or other protection, the 13 obligations of the Receiving Parties are as follows: If information produced in discovery is 14 subject to a claim of privilege or of protection as trial-preparation material, the party making the 15 claim may notify any Receiving Parties the information of the claim and the basis for it. After 16 being notified, a Receiving Party must promptly return, sequester, or destroy the specified 17 information and any copies it has; must not use or disclose the information until the claim is 18 resolved; must take reasonable steps to retrieve the information if the Receiving Party disclosed 19 it before being notified; and may promptly present the information to the court under seal for a 20 determination of the claim. The Producing Party must preserve the information until the claim is 21 resolved. This provision is not intended to modify whatever procedure may be established in an 22 e-discovery order that provides for production without prior privilege review. Insofar as the 23 parties reach an agreement on the effect of disclosure of a communication or information 24 covered by the attorney-client privilege or work product protection, the parties may incorporate 25 their agreement in the stipulated protective order submitted to the court. 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 28 seek its modification by the court in the future. 11 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 2 no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 4 Party waives any right to object on any ground to use in evidence of any of the material covered 5 by this Protective Order. 6 12.3 Further Protections. Nothing in this Stipulation and Protective Order shall be 7 construed to preclude either Party from asserting in good faith that certain Confidential Materials 8 require additional protection. The Parties shall meet and confer to agree upon the terms of such 9 additional protection. 10 12.4 Filing Protected Material. Nothing in this order determines that any document 11 marked “Confidential” qualifies for sealing under California Rule of Court 2.550 or relieves any 12 party from following the procedure in California Rule of Court 2.551. The Parties agree to meet 13 and confer regarding the filing of any document that has been designated “Confidential Material” 14 by any Party and whether such document should be filed under seal in accordance with Rule 2.550 15 and 2.551 of the California Rules of Court and the relevant provisions of California Code of Civil 16 procedure Sections 2025, 2030, 2031, and 2033. Without written permission from the Designating 17 Party or a court order secured after appropriate notice to all interested persons, a Party may not file 18 in the public record in this action any Protected Material. If a Receiving Party's request to file 19 Protected Material under seal is denied by the court, then the Receiving Party may file the 20 information in the public record unless otherwise instructed by the court. 21 12.5 Use of Protected Materials at Trial. The Parties shall meet and confer regarding the 22 procedures for use of Protected Materials at trial and shall move the court for entry of an 23 appropriate order. 24 12.6 Admissibility. Nothing in this Stipulation and Protective Order shall affect the 25 admissibility into evidence of Protected Materials, or abridge the rights of any person to seek 26 judicial review or to pursue other appropriate judicial action with respect to any ruling made by 27 the court concerning the issue of the status of Protected Materials. 28 /// 12 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 4 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 6 the Protected Material is returned or destroyed, the Receiving Party must submit a written 7 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 8 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 9 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 10 abstracts, compilations, summaries or any other format reproducing or capturing any of the 11 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 12 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 14 and expert work product, even if such materials contain Protected Material. Any such archival 15 copies that contain or constitute Protected Material remain subject to this Protective Order as set 16 forth in Section 4 (DURATION). 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 Dated: _____________________ January 14, 2022 MARQUEE LAW GROUP, A.P.C. 20 21 By: _________________________________ 22 F. Shawn Azizollahi Gary Brotman 23 Attorneys for Plaintiff MONIKA CHOPRA 24 25 26 27 28 13 Case No. 21-CIV-04310 PROPOSED] STIPULATED PROTECTIVE ORDER 1 Dated: January 14, 2022 JACKSON LEWIS P.C. 2 3 By: 4 Harold R. Jones Swaja Khanna 5 Attorneys for Defendant NATERA, INC. 6 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 9 DATED: ________________________ ____________________________________ Judge of the Superior Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the Superior Court, County of San 6 Mateo on [ date ] in the case of MONIKA CHOPRA V. NATERA; Case No.: 21-CIV-04310. 7 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and 8 I understand and acknowledge that failure to so comply could expose me to sanctions and 9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner 10 any information or item that is subject to this Stipulated Protective Order to any person or entity 11 except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the Superior Court, County of San Francisco 13 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 14 enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone 17 number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28 15 Case No. 21-CIV-04310 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 PROOF OF SERVICE 2 I, Beth Davis, declare that I am employed with the law firm of Jackson Lewis P.C., whose 3 address is 50 California Street, 9th Floor, San Francisco, California 94111-4615; I am over the age 4 of eighteen (18) years and am not a party to this action. 5 On January 14, 2022, I served the attached: 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 7 8 in this action as follows: F. Shawn Azizollahi