Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 1 of 21 Page ID #:114

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 HEALTHCARE ALLY Case No. 2:22-cv-07125-DMG-AFM 10 MANAGEMENT, 11 Plaintiff, [PROPOSED] STIPULATED

PROTECTIVE ORDER

12 v.

13 UNITED HEALTHCARE SERVICES, INC., and DOES 1-10, 14 Defendants. 15

16

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1. A. PURPOSES AND LIMITATIONS 1 Discovery in this action is likely to involve production of confidential, 2 proprietary or private information for which special protection from public 3 disclosure and from use for any purpose other than prosecuting this litigation may 4 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 5 enter the following Stipulated Protective Order.1 The parties acknowledge that this 6 Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. 10

11

B. GOOD CAUSE STATEMENT

12 Discovery in this action is likely to involve patient records and data, medical 13 claim files, non-public financial records and data, employee or personnel files, 14 customer or client lists, confidential contracts, and other healthcare-related 15 information protected by The Health Insurance Portability and Accountability Act 16 of 1996, as well as United Healthcare Services, Inc.’s proprietary claims-review and 17 audit processes, and other non-public, proprietary financial, regulatory, or strategic 18 information and data, that would, if disclosed, cause substantial competitive and 19 economic harm to the Producing Party. Accordingly, to expedite the flow of 20 information, to facilitate the prompt resolution of disputes over confidentiality of 21 discovery materials, to adequately protect information the parties are entitled to keep 22 confidential, to ensure that the parties are permitted reasonable necessary uses of 23 such material in preparation for and in the conduct of trial, to address their handling 24 at the end of the litigation, and serve the ends of justice, a protective order for such 25

26 1 This Stipulated Protective Order is based substantially on the model protective 27 order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 3 of 21 Page ID #:116

information is justified in this matter. It is the intent of the parties that information 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public manner, and there is good cause why it should not be part of the public 4 record of this case. 5

6

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

7

SEAL

8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 and the standards that will be applied when a party seeks permission from the court 12 to file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 proceedings and records in civil cases. In connection with non-dispositive motions, 15 good cause must be shown to support a filing under seal. See Kamakana v. City and 16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 18 Electrics,Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 19 orders require good cause showing), and a specific showing of good cause or 20 compelling reasons with proper evidentiary support and legal justification, must be 21 made with respect to Protected Material that a party seeks to file under seal. The 22 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 23 does not—without the submission of competent evidence by declaration, 24 establishing that the material sought to be filed under seal qualifies as confidential, 25 privileged, or otherwise protectable—constitute good cause. 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 2 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 4 of 21 Page ID #:117

Further, if a party requests sealing related to a dispositive motion or trial, then 1 compelling reasons, not only good cause, for the sealing must be shown, and the 2 relief sought shall be narrowly tailored to serve the specific interest to be protected. 3 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 4 each item or type of information, document, or thing sought to be filed or introduced 5 under seal in connection with a dispositive motion or trial, the party seeking 6 protection must articulate compelling reasons, supported by specific facts and legal 7 justification, for the requested sealing order. Again, competent evidence supporting 8 the application to file documents under seal must be provided by declaration. 9 Any document that is not confidential, privileged, or otherwise protectable in 10 its entirety will not be filed under seal if the confidential portions can be redacted. If 11 documents can be redacted, then a redacted version for public viewing, omitting only 12 the confidential, privileged, or otherwise protectable portions of the document, shall 13 be filed. Any application that seeks to file documents under seal in their entirety 14 should include an explanation of why redaction is not feasible. 15

16 2. DEFINITIONS 17 2.1 Action: this pending federal lawsuit, Healthcare Ally Management of 18 California, LLC v. United HealthCare Services, Inc., Case No. 2:22-cv-07125- 19 DMG-AFM, which was removed from the Superior Court of California for the 20 County of Los Angeles, Case No. 22STCV27749. 21 2.2 Challenging Party: a Party or Non-Party that challenges the 22 designation of information or items under this Order. 23 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 24 it is generated, stored or maintained) or tangible things that qualify for protection under 25 Federal Rule of Civil Procedure 26(c), including but not limited to patient records and 26 data, claim files, non-public financial records and data, employee or personnel files, 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 3 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 5 of 21 Page ID #:118

customer or client lists, confidential contracts, other healthcare-related information 1 protected by The Health Insurance Portability and Accountability Act of 1996, and all 2 other information that the party in good faith believes will, if disclosed, cause harm to 3 the Producing Party’s competitive position. 4 2.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 5 subset of information (regardless of how it is generated, stored or maintained) or 6 tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c) 7 subject to limited disclosure as set forth in Paragraph 7.3, that will, if disclosed, cause 8 substantial competitive and economic harm to the Producing Party. This includes, but 9 is not limited to, trade secrets, United’s proprietary claims-review and audit processes, 10 and all other non-public, proprietary financial, regulatory, or strategic information and 11 data, to the extent that any of these categories of information or tangible things will, if 12 disclosed, cause substantial competitive and economic harm to the Producing Party. 13 2.5 Counsel (without qualifier): Outside Counsel of Record and House 14 Counsel (as well as their support staff). 15 2.6 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 18 2.7 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are provided, 21 produced or generated in relation to the claims and disputes in this matter or in 22 disclosures or responses to discovery in this matter. 23 2.8 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 4 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 6 of 21 Page ID #:119

2.9 House Counsel: attorneys who are employees of a party to this Action. 1 House Counsel does not include Outside Counsel of Record or any other outside 2 counsel. 3 2.10 Non-Party: any natural person, partnership, corporation, association or 4 other legal entity not named as a Party to this Action. 5 2.11 Outside Counsel of Record: attorneys who are not employees of a party 6 to this Action but are retained to represent or advise a party to this Action and have 7 appeared in this Action on behalf of that party or are affiliated with a law firm that 8 has appeared on behalf of that party, and includes support staff. 9 2.12 Party: any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.14 Professional Vendors: persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 and their employees and subcontractors. 18 2.15 Protected Material: any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 20

ONLY.”

21 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 2.17 United: United HealthCare Services, Inc. and its affiliated companies. 24

25

26

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3. SCOPE 1 The protections conferred by this Stipulation and Order cover not only 2 Protected Material (as defined above), but also (1) any information copied or 3 extracted from Protected Material; (2) all copies, excerpts, summaries, or 4 compilations of Protected Material; and (3) any testimony, conversations, or 5 presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the 7 following information: (a) any information that is in the public domain at the time 8 of disclosure to a Receiving Party or becomes part of the public domain after its 9 disclosure to a Receiving Party as a result of publication not involving a violation of 10 this Order, including becoming part of the public record through trial or otherwise; 11 and (b) any information known to the Receiving Party prior to the disclosure or 12 obtained by the Receiving Party after the disclosure from a source who obtained the 13 information lawfully and under no obligation of confidentiality to the Designating 14 Party. 15 Any use of Protected Material at trial shall be governed by the orders of the 16 trial judge. This Order does not govern the use of Protected Material at trial. 17

18 4. DURATION 19 If this Action proceeds to trial, information that was designated as 20 CONFIDENTIAL or maintained pursuant to this protective order that is used or 21 introduced as an exhibit at trial becomes public and will be presumptively available 22 to all members of the public, including the press, unless compelling reasons 23 supported by specific factual findings to proceed otherwise are made to the trial 24 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 25 “good cause” showing for sealing documents produced in discovery from 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 6 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 8 of 21 Page ID #:121

“compelling reasons” standard when merits-related documents are part of court 1 record). 2 Even after final disposition of this litigation, as to any information that was 3 designated as CONFIDENTIAL that is not used or introduced as an exhibit at trial, 4 the confidentiality obligations imposed by this Order shall remain in effect until a 5 Designating Party agrees otherwise in writing or a court order otherwise directs. 6 Final disposition shall be deemed to be the later of (1) dismissal of all claims and 7 defenses in this action, with or without prejudice; and (2) final judgment herein after 8 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews 9 of this action, including the time limits for filing any motions or applications for 10 extension of time pursuant to applicable law. 11

12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under 15 this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only those parts of material, documents, items or oral or written 18 communications that qualify so that other portions of the material, documents, items 19 or communications for which protection is not warranted are not swept unjustifiably 20 within the ambit of this Order. 21 Mass, indiscriminate or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to impose 24 unnecessary expenses and burdens on other parties) may expose the Designating 25 Party to sanctions. 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 7 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 9 of 21 Page ID #:122

If it comes to a Designating Party’s attention that information or items that it 1 designated for protection do not qualify for protection, that Designating Party must 2 promptly notify all other Parties that it is withdrawing the inapplicable designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in 4 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 5 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 6 under this Order must be clearly so designated before the material is disclosed or 7 produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings), that the Producing Party affix at a minimum, the legend 12 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to 13 each page that contains protected material. If only a portion of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected 15 portion(s) (e.g., by making appropriate markings in the margins). 16 A Party or Non-Party that makes original documents available for inspection 17 need not designate them for protection until after the inspecting Party has indicated 18 which documents it would like copied and produced. During the inspection and 19 before the designation, all of the material made available for inspection shall be 20 deemed “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY.” After the inspecting Party has identified the documents it wants 22 copied and produced, the Producing Party must determine which documents, or 23 portions thereof, qualify for protection under this Order. Then, before producing the 24 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 25 to each page that contains Protected Material. If only a portion of the material on a 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 8 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 10 of 21 Page ID #:123

page qualifies for protection, the Producing Party also must clearly identify the 1 protected portion(s) (e.g., by making appropriate markings in the margins). 2 (b) for testimony given in a deposition, confidentiality designations 3 shall be made either on the record or by written notice to the other party within 14 4 days of receipt of the transcript. Unless otherwise agreed, depositions shall be 5 treated as protected under this Order during the 14 day period following receipt of 6 the transcript. The deposition of any witness (or any portion of such deposition) that 7 encompasses information designated as “CONFIDENTIAL” or “CONFIDENTIAL 8 – ATTORNEYS’ EYES ONLY” shall be taken only in the presence of persons who 9 are qualified to have access to such information. 10 (c) for information produced in some form other than documentary 11 and for any other tangible items, that the Producing Party affix in a prominent place 12 on the exterior of the container or containers in which the information is stored the 13 legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 14 ONLY.” If only a portion or portions of the information warrants protection, the 15 Producing Party, to the extent practicable, shall identify the protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive 18 the Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22

23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 All challenges to confidentiality designations shall proceed under Local Rule 25 37-1 through Local Rule 37-4. 26

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7. ACCESS TO AND USE OF PROTECTED MATERIAL 1 7.1 Basic Principles. A Receiving Party may use Protected Material that is 2 disclosed or produced by another Party or by a Non-Party in connection with this 3 Action only for prosecuting, defending or attempting to settle this Action. Such 4 Protected Material may be disclosed only to the categories of persons and under the 5 conditions described in this Order. When the Action has been terminated, a 6 Receiving Party must comply with the provisions of section 13 below (FINAL 7

DISPOSITION).

8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons 10 authorized under this Order. 11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 12 otherwise ordered by the court or permitted in writing by the Designating Party, a 13 Receiving Party may disclose any information or item designated 14 “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, 16 as well as employees of said Outside Counsel of Record to whom it is reasonably 17 necessary to disclose the information for this Action; 18 (b) the officers, directors, and employees (including House Counsel) 19 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary for this Action 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 10 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 12 of 21 Page ID #:125

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 1

A);

2 (g) the author or recipient of a document containing the information 3 or a custodian or other person who otherwise possessed or knew the information; 4 (h) during their depositions, witnesses, and attorneys for witnesses, 5 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 6 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 7 they will not be permitted to keep any confidential information unless they sign the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 9 agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material may 11 be separately bound by the court reporter and may not be disclosed to anyone except 12 as permitted under this Stipulated Protective Order; and 13 (i) any mediator or settlement officer, and their supporting 14 personnel, mutually agreed upon by any of the parties engaged in settlement 15 discussions. 16 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 17 Information or Items. Unless otherwise ordered by the court or permitted in writing 18 by the Designating Party, a Receiving Party may disclose any information or item 19 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this action; 21 (b) United’s House Counsel in this action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this litigation and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 11 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 13 of 21 Page ID #:126

(e) court reporters and their staff, professional jury or trial consultants, 1 mock jurors, licensed private investigators retained by Counsel, and Professional 2 Vendors to whom disclosure is reasonably necessary for this litigation and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) during their depositions, witnesses in the action to whom disclosure 5 is reasonably necessary and who have signed the “Acknowledgment and Agreement 6 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 7 ordered by the court. Pages of transcribed deposition testimony or exhibits to 8 depositions that reveal Protected Material must be separately bound by the court 9 reporter and may not be disclosed to anyone except as permitted under this Stipulated 10 Protective Order. 11 (g) the author or recipient of a document containing the information or 12 a custodian or other person who otherwise possessed or knew the information. 13

14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 15

IN OTHER LITIGATION

16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that 19 Party must: 20 (a) unless prohibited by a Court Order, or specifically prohibited by a 21 statute or regulation cited to the producing party by the requesting party, promptly 22 notify in writing the Designating Party. Such notification shall include a copy of the 23 subpoena or court order, unless prohibited by law; 24 (b) promptly notify in writing the party who caused the request, subpoena, 25 or order to issue in the other litigation that some or all of the material covered by the 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 12 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 14 of 21 Page ID #:127

request, subpoena, or order is subject to this Protective Order. Such notification shall 1 include a copy of this Stipulated Protective Order; and 2 (c) when applicable, as set forth in Section 8(a) above, cooperate with 3 respect to all reasonable procedures sought to be pursued by the Designating Party 4 whose Protected Material may be affected. However, the parties must follow the 5 procedures set forth in Federal Rule of Civil Procedure 45(d)(2) when asserting that 6 subpoenaed or requested information is subject to a privilege. The filing of a motion 7 for a protective order does not, by itself, stay compliance with a subpoena. 8 If the Designating Party timely seeks a protective order, the Party served with 9 the subpoena or court order shall not produce any information designated in this 10 action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY” before a determination by the court from which the subpoena or order 12 issued, unless the Party has obtained the Designating Party’s permission or as 13 otherwise required by law or court order. The Designating Party shall bear the 14 burden and expense of seeking protection in that court of its confidential material 15 and nothing in these provisions should be construed as authorizing or encouraging a 16 Receiving Party in this Action to disobey a lawful directive from another court. 17

18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19

PRODUCED IN THIS LITIGATION

20 (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL” or 22 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced 23 by Non-Parties in connection with this litigation, when so designated by the Non- 24 Party upon production or by any other Party pursuant to Section 9(b) below, is 25 protected by the remedies and relief provided by this Order. Nothing in these 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 13 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 15 of 21 Page ID #:128

provisions should be construed as prohibiting a Non-Party from seeking additional 1 protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non- 7 Party that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 21 of seeking protection in this court of its Protected Material. 22

23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 14 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 16 of 21 Page ID #:129

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 2 or persons to whom unauthorized disclosures were made of all the terms of this 3 Order, and (d) request such person or persons to execute the “Acknowledgment 4 and Agreement to Be Bound” that is attached hereto as Exhibit A. 5

6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7

PROTECTED MATERIAL

8 In accordance with Federal Rule of Civil Procedure 26(b)(5)(B) and Federal 9 Rule of Evidence 502, any Party who inadvertently produces Discovery Material 10 that is privileged or otherwise immune from discovery shall, promptly upon 11 discovery of such inadvertent production, so advise the Producing Party and request 12 that the Discovery Materials be returned. The Receiving Party shall return, 13 sequester, or destroy such inadvertently produced Discovery Materials, including all 14 copies, within five (5) business days of receiving such a written request. The Party 15 returning such inadvertently produced Discovery Materials may thereafter seek re- 16 production of any such Discovery Materials pursuant to applicable law. 17

18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 person to seek its modification by the Court in the future. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this 22 Protective Order, no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground not addressed in this 24 Stipulated Protective Order. Similarly, no Party waives any right to object on any 25 ground to use in evidence of any of the material covered by this Protective Order. 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 15 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 17 of 21 Page ID #:130

12.3 Filing Protected Material. Without written permission from the 1 Designating Party or a court order secured after appropriate notice to all interested 2 persons, a Party may not file in the public record in this action any Protected 3 Material. A Party that seeks to file any Protected Material under seal must comply 4 with Local Rule 79-5. Protected Material may only be filed under seal pursuant to 5 a court order authorizing the sealing of the specific Protected Material at issue. 6 Pursuant to Local Rule 79-5, a sealing order will issue only upon a request 7 establishing that the Protected Material at issue is privileged, protectable as a trade 8 secret, or otherwise entitled to protection under the law. If a Receiving Party's 9 request to file Protected Material under seal pursuant to Local Rule 79-5 is denied 10 by the court, then the Receiving Party may file the information in the public record 11 unless otherwise instructed by the court. 12

13 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 4, within 60 15 days, each Receiving Party must return all Protected Material to the Producing Party 16 or destroy such material. As used in this subdivision, “all Protected Material” 17 includes all copies, abstracts, compilations, summaries, and any other format 18 reproducing or capturing any of the Protected Material. Whether the Protected 19 Material is returned or destroyed, the Receiving Party must submit a written 20 certification to the Producing Party (and, if not the same person or entity, to the 21 Designating Party) by the 60 day deadline that (1) identifies (by category, where 22 appropriate) all the Protected Material that was returned or destroyed, and (2) affirms 23 that the Receiving Party has not retained any copies, abstracts, compilations, 24 summaries or any other format reproducing or capturing any of the Protected 25 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 26 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 16 Cage 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 18 of 21 Page ID #:131

' memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 5 work product, and consultant and expert work product, even if such materials contain 4 Protected Material. Any such archival copies that contain or constitute Protected 4 Material remain subject to this Protective Order as set forth in Section 4 5 (DURATION). 7 ||14- MIQLATION g Any violation of this Order may be punished by appropriate measures 9 including, without limitation, contempt proceedings and/or monetary sanctions. 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 1 DATED: January 10, 2023 13 /s/ Jonathan A. Stieglitz 14 || Attorneys for Plaintiff 15 16 |};DATED: January 10, 2023 17 1g ||/S/Nicole E. Wurscher Attorneys for Defendant 19 20 21 22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 ||/DATED: 1/11/2023 25 - ky Wf 26 ||HON. ALEXANDER F. MacKINNON 27 ||United States Magistrate Judge 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDE 17

Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 19 of 21 Page ID #:132

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2 I, _____________________________ [print or type full name], of 3 _________________ [print or type full address], declare under penalty of perjury 4 that I have read in its entirety and understand the Stipulated Protective Order that 5 was issued by the United States District Court for the Central District of California 6 on [date] in the case of Healthcare Ally Management of California, LLC v. United 7 HealthCare Services, Inc., Case No. 2:22-cv-07125-DMG-AFM. I agree to comply 8 with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions 10 and punishment in the nature of contempt. I solemnly promise that I will not disclose 11 in any manner any information or item that is subject to this Stipulated Protective 12 Order to any person or entity except in strict compliance with the provisions of this 13 Order. I further agree to submit to the jurisdiction of the United States District Court 14 for the Central District of California for enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of 16 this action. I hereby appoint _______________________________________ [print 17 or type full name] of _______________________________________ [print or type 18 full address and telephone number] as my California agent for service of process in 19 connection with this action or any proceedings related to enforcement of this 20 Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23

24 Printed name: _______________________________ 25

26 Signature: __________________________________ 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 18 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 20 of 21 Page ID #:133

1 CERTIFICATION PURSUANT TO LOCAL RULE 5-4.3.4(a)(2)(i) 2 Pursuant to Local Rule 5-4.3.4, I hereby certify that the content of this 3 document is acceptable to Jonathan A. Stieglitz, counsel for Plaintiff, and I have 4 obtained his authorization to affix his electronic signature to this document. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 19 Case 2:22-cv-07125-DMG-AFM Document 15 Filed 01/11/23 Page 21 of 21 Page ID #:134

1 Proof of Service

2 I am employed in the County of Orange, State of California. I am over the age of 3 18 years and not a party to the within action. My business address is 20 Enterprise, 4 Suite 310, Aliso Viejo, CA 92656. 5 On January 11, 2023, I served the foregoing document(s) described as 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 7 on all interested parties in this action as follows (or as on the attached service list): 8 Jonathan A. Stieglitz Jonathan.a.stieglitz@gmail.com The Law Offices of Jonathan A. Stieglitz 9 11845 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064 10 Tel: 323-979-2063 Fax: 323-488-6748 11 12 (VIA E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic 13 transmission, I caused the document(s) to be sent to the person(s) at the e-mail address(es) listed above. I did not receive, within a reasonable time after the 14 transmission, any electronic message or other indication that the transmission was unsuccessful. 15 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the 16 document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF 17 system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules. 18

19 I declare under penalty of perjury under the laws of the State of 20 California that the above is true and correct. 21 Executed on January 11, 2023, at Aliso Viejo, California. 22

23 24 Nicole E. Wurscher

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26 27 28 2:22-CV-07125-DMG-AFM [PROPOSED] STIPULATED PROTECTIVE ORDER 1