1 MMOicRhaGeAl DN., WLEeiWl, IBSa &r N BoO. 2C0K9I0U56S LLP 2 michael.weil@morganlewis.com J.P. Schreiber, Bar No. 317829 3 One Market Spear Street Tower 4 San Francisco, CA 94105-1596 Tel: +1.415.442.1000 5 Fax: +1.415.442.1001

6 MORGAN, LEWIS & BOCKIUS LLP Jennifer B. Zargarof, Bar No. 204382 7 jennifer.zargarof@morganlewis.com Anahi Cruz, Bar No. 324326 8 anahi.cruz@morganlewis.com 300 South Grand Avenue 9 Twenty-Second Floor Los Angeles, CA 90071-3132 10 Tel: +1.213.612.2500 Fax: +1.213.612.2501 11 Attorneys for Defendants, 12 THE ELEVANCE COMPANIES, INC. (f.k.a. The Anthem Companies, Inc.); 13 ELEVANCE HEALTH, INC.; and THE

ELEVANCE HEALTH COMPANIES OF

14 CALIFORNIA, INC. 15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17 18 KIKISHIA BURRUS, an individual, Case No. 2:22-CV-06901-SB-KS 19 Plaintiff, STIPULATED PROTECTIVE 20 ORDER v. 21 Action Filed: Aug. 22, 2022

THE ANTHEM COMPANIES, INC.,

22 an Indiana corporation; ELEVANCE HEALTH, INC., an Indiana 23 corporation; THE ELEVANCE

HEALTH COMPANIES OF

24 CALIFORNIA, INC., a California corporation; and DOES 1 through 50, 25 inclusive, 26 Defendants. 27 28 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition 6 the Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items 10 that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section XIII(C), 12 below, that this Stipulated Protective Order does not entitle them to file 13 confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied when 15 a party seeks permission from the Court to file material under seal. 16 II. GOOD CAUSE STATEMENT 17 A. This action is likely to involve trade secrets, confidential company 18 policies, and other valuable research, development, commercial, financial, 19 technical and/or proprietary information for which special protection from 20 public disclosure and from use for any purpose other than prosecution of this 21 action is warranted. Such confidential and proprietary materials and 22 information consist of, among other things, confidential business or financial 23 information, information regarding confidential business practices, or other 24 confidential research, development, or commercial information (including 25 information implicating privacy rights of third parties), information 26 otherwise generally unavailable to the public, or which may be privileged or 27 otherwise protected from disclosure under state or federal statutes, court 28 rules, case decisions, or common law. Accordingly, to expedite the flow of 1 information, to facilitate the prompt resolution of disputes over 2 confidentiality of discovery materials, to adequately protect information the 3 parties are entitled to keep confidential, to ensure that the parties are 4 permitted reasonable necessary uses of such material in preparation for and 5 in the conduct of trial, to address their handling at the end of the litigation, 6 and serve the ends of justice, a protective order for such information is 7 justified in this matter. It is the intent of the parties that information will not 8 be designated as confidential for tactical reasons and that nothing be so 9 designated without a good faith belief that it has been maintained in a 10 confidential, non-public manner, and there is good cause why it should not be 11 part of the public record of this case. 12 III. DEFINITIONS 13 A. Action: This pending federal lawsuit. 14 B. Challenging Party: A Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 C. “CONFIDENTIAL” Information or Items: Information (regardless of 17 how it is generated, stored or maintained) or tangible things that qualify for 18 protection under Federal Rule of Civil Procedure 26(c), and as specified 19 above in the Good Cause Statement. 20 D. Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff). 22 E. Designating Party: A Party or Non-Party that designates information 23 or items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 F. Disclosure or Discovery Material: All items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained 27 (including, among other things, testimony, transcripts, and tangible things), 28 that are produced or generated in disclosures or responses to discovery in this 1 matter. 2 G. Expert: A person with specialized knowledge or experience in a 3 matter pertinent to the litigation who has been retained by a Party or its 4 counsel to serve as an expert witness or as a consultant in this Action. 5 H. House Counsel: Attorneys who are employees of a party to this 6 Action. House Counsel does not include Outside Counsel of Record or any 7 other outside counsel. 8 I. Non-Party: Any natural person, partnership, corporation, association, 9 or other legal entity not named as a Party to this action. 10 J. Outside Counsel of Record: Attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this 12 Action and have appeared in this Action on behalf of that party or are 13 affiliated with a law firm which has appeared on behalf of that party, and 14 includes support staff. 15 K. Party: Any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record 17 (and their support staffs). 18 L. Producing Party: A Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 M. Professional Vendors: Persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing 22 exhibits or demonstrations, and organizing, storing, or retrieving data in any 23 form or medium) and their employees and subcontractors. 24 N. Protected Material: Any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 O. Receiving Party: A Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 1 IV. SCOPE 2 A. The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected 7 Material. 8 B. Any use of Protected Material at trial shall be governed by the 9 orders of the trial judge. This Order does not govern the use of Protected 10 Material at trial. 11 V. DURATION 12 A. Once a case proceeds to trial, all of the information that was 13 designated as confidential or maintained pursuant to this Protective Order 14 becomes public and will be presumptively available to all members of the 15 public, including the press, unless compelling reasons supported by specific 16 factual findings to proceed otherwise are made to the trial judge in advance 17 of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 18 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 19 documents produced in discovery from “compelling reasons” standard when 20 merits-related documents are part of court record). Accordingly, the terms of 21 this Protective Order do not extend beyond the commencement of the trial. 22 VI. DESIGNATING PROTECTED MATERIAL 23 A. Exercise of Restraint and Care in Designating Material for Protection 24 1. Each Party or Non-Party that designates information or items for 25 protection under this Order must take care to limit any such 26 designation to specific material that qualifies under the appropriate 27 standards. The Designating Party must designate for protection only 28 those parts of material, documents, items, or oral or written 1 communications that qualify so that other portions of the material, 2 documents, items, or communications for which protection is not 3 warranted are not swept unjustifiably within the ambit of this Order. 4 2. Mass, indiscriminate, or routinized designations are prohibited. 5 Designations that are shown to be clearly unjustified or that have been 6 made for an improper purpose (e.g., to unnecessarily encumber the 7 case development process or to impose unnecessary expenses and 8 burdens on other parties) may expose the Designating Party to 9 sanctions. 10 3. If it comes to a Designating Party’s attention that information or 11 items that it designated for protection do not qualify for protection, 12 that Designating Party must promptly notify all other Parties that it is 13 withdrawing the inapplicable designation. 14 B. Manner and Timing of Designations 15 1. Except as otherwise provided in this Order (see, e.g., Section 16 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 17 Discovery Material that qualifies for protection under this Order must 18 be clearly so designated before the material is disclosed or produced. 19 2. Designation in conformity with this Order requires the 20 following: 21 a. For information in documentary form (e.g., paper or 22 electronic documents, but excluding transcripts of depositions or 23 other pretrial or trial proceedings), that the Producing Party affix 24 at a minimum, the legend “CONFIDENTIAL” (hereinafter 25 “CONFIDENTIAL legend”), to each page that contains 26 protected material. If only a portion or portions of the material 27 on a page qualifies for protection, the Producing Party also must 28 clearly identify the protected portion(s) (e.g., by making 1 appropriate markings in the margins). 2 b. A Party or Non-Party that makes original documents 3 available for inspection need not designate them for protection 4 until after the inspecting Party has indicated which documents it 5 would like copied and produced. During the inspection and 6 before the designation, all of the material made available for 7 inspection shall be deemed “CONFIDENTIAL.” After the 8 inspecting Party has identified the documents it wants copied 9 and produced, the Producing Party must determine which 10 documents, or portions thereof, qualify for protection under this 11 Order. Then, before producing the specified documents, the 12 Producing Party must affix the “CONFIDENTIAL legend” to 13 each page that contains Protected Material. If only a portion or 14 portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the 17 margins). 18 c. For testimony given in depositions, that the Designating 19 Party identify the Disclosure or Discovery Material on the 20 record, before the close of the deposition all protected 21 testimony. 22 d. For information produced in form other than document 23 and for any other tangible items, that the Producing Party affix 24 in a prominent place on the exterior of the container or 25 containers in which the information is stored the legend 26 “CONFIDENTIAL.” If only a portion or portions of the 27 information warrants protection, the Producing Party, to the 28 extent practicable, shall identify the protected portion(s). 1 C. Inadvertent Failure to Designate 2 1. If timely corrected, an inadvertent failure to designate qualified 3 information or items does not, standing alone, waive the Designating 4 Party’s right to secure protection under this Order for such material. 5 Upon timely correction of a designation, the Receiving Party must 6 make reasonable efforts to assure that the material is treated in 7 accordance with the provisions of this Order. 8 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 A. Timing of Challenges 10 1. Any party or Non-Party may challenge a designation of 11 confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 13 B. Meet and Confer 14 1. The Challenging Party shall initiate the dispute resolution 15 process under Local Rule 37.1 et seq. 16 C. The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 parties) may expose the Challenging Party to sanctions. Unless the 20 Designating Party has waived or withdrawn the confidentiality designation, 21 all parties shall continue to afford the material in question the level of 22 protection to which it is entitled under the Producing Party’s designation 23 until the Court rules on the challenge. 24 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 25 A. Basic Principles 26 1. A Receiving Party may use Protected Material that is disclosed 27 or produced by another Party or by a Non-Party in connection with this 28 Action only for prosecuting, defending, or attempting to settle this 1 Action. Such Protected Material may be disclosed only to the 2 categories of persons and under the conditions described in this Order. 3 When the Action has been terminated, a Receiving Party must comply 4 with the provisions of Section XIV below. 5 2. Protected Material must be stored and maintained by a 6 Receiving Party at a location and in a secure manner that ensures that 7 access is limited to the persons authorized under this Order. 8 B. Disclosure of “CONFIDENTIAL” Information or Items 9 1. Unless otherwise ordered by the Court or permitted in writing 10 by the Designating Party, a Receiving Party may disclose any 11 information or item designated “CONFIDENTIAL” only to: 12 a. The Receiving Party’s Outside Counsel of Record in this 13 Action, as well as employees of said Outside Counsel of Record 14 to whom it is reasonably necessary to disclose the information 15 for this Action; 16 b. The officers, directors, and employees (including House 17 Counsel) of the Receiving Party to whom disclosure is 18 reasonably necessary for this Action; 19 c. Experts (as defined in this Order) of the Receiving Party 20 to whom disclosure is reasonably necessary for this Action and 21 who have signed the “Acknowledgment and Agreement to Be 22 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 27 necessary for this Action and who have signed the 28 “Acknowledgment and Agreement to be Bound” attached as 1 Exhibit A hereto; 2 g. The author or recipient of a document containing the 3 information or a custodian or other person who otherwise 4 possessed or knew the information; 5 h. During their depositions, witnesses, and attorneys for 6 witnesses, in the Action to whom disclosure is reasonably 7 necessary provided: (i) the deposing party requests that the 8 witness sign the “Acknowledgment and Agreement to Be 9 Bound;” and (ii) they will not be permitted to keep any 10 confidential information unless they sign the “Acknowledgment 11 and Agreement to Be Bound,” unless otherwise agreed by the 12 Designating Party or ordered by the Court. Pages of transcribed 13 deposition testimony or exhibits to depositions that reveal 14 Protected Material may be separately bound by the court 15 reporter and may not be disclosed to anyone except as permitted 16 under this Stipulated Protective Order; and 17 i. Any mediator or settlement officer, and their supporting 18 personnel, mutually agreed upon by any of the parties engaged 19 in settlement discussions. 20 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 21 PRODUCED IN OTHER LITIGATION 22 A. If a Party is served with a subpoena or a court order issued in other 23 litigation that compels disclosure of any information or items designated in 24 this Action as “CONFIDENTIAL,” that Party must: 25 1. Promptly notify in writing the Designating Party. Such 26 notification shall include a copy of the subpoena or court order; 27 2. Promptly notify in writing the party who caused the subpoena or 28 order to issue in the other litigation that some or all of the material 1 covered by the subpoena or order is subject to this Protective Order. 2 Such notification shall include a copy of this Stipulated Protective 3 Order; and 4 3. Cooperate with respect to all reasonable procedures sought to be 5 pursued by the Designating Party whose Protected Material may be 6 affected. 7 B. If the Designating Party timely seeks a protective order, the Party 8 served with the subpoena or court order shall not produce any information 9 designated in this action as “CONFIDENTIAL” before a determination by 10 the Court from which the subpoena or order issued, unless the Party has 11 obtained the Designating Party’s permission. The Designating Party shall 12 bear the burden and expense of seeking protection in that court of its 13 confidential material and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this Action to disobey a 15 lawful directive from another court. 16 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 A. The terms of this Order are applicable to information produced by a 19 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 20 information produced by Non-Parties in connection with this litigation is 21 protected by the remedies and relief provided by this Order. Nothing in these 22 provisions should be construed as prohibiting a Non-Party from seeking 23 additional protections. 24 B. In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the 26 Party is subject to an agreement with the Non-Party not to produce the Non- 27 Party’s confidential information, then the Party shall: 28 1. Promptly notify in writing the Requesting Party and the Non- 1 Party that some or all of the information requested is subject to a 2 confidentiality agreement with a Non-Party; 3 2. Promptly provide the Non-Party with a copy of the Stipulated 4 Protective Order in this Action, the relevant discovery request(s), and a 5 reasonably specific description of the information requested; and 6 3. Make the information requested available for inspection by the 7 Non-Party, if requested. 8 C. If the Non-Party fails to seek a protective order from this court within 9 14 days of receiving the notice and accompanying information, the Receiving 10 Party may produce the Non-Party’s confidential information responsive to 11 the discovery request. If the Non-Party timely seeks a protective order, the 12 Receiving Party shall not produce any information in its possession or 13 control that is subject to the confidentiality agreement with the Non-Party 14 before a determination by the court. Absent a court order to the contrary, the 15 Non-Party shall bear the burden and expense of seeking protection in this 16 court of its Protected Material. 17 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not 20 authorized under this Stipulated Protective Order, the Receiving Party must 21 immediately (1) notify in writing the Designating Party of the unauthorized 22 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 23 Protected Material, (3) inform the person or persons to whom unauthorized 24 disclosures were made of all the terms of this Order, and (4) request such 25 person or persons to execute the “Acknowledgment and Agreement to be 26 Bound” that is attached hereto as Exhibit A. 27 28 1 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 A. When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other 5 protection, the obligations of the Receiving Parties are those set forth in 6 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 7 to modify whatever procedure may be established in an e-discovery order 8 that provides for production without prior privilege review. Pursuant to 9 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 10 agreement on the effect of disclosure of a communication or information 11 covered by the attorney-client privilege or work product protection, the 12 parties may incorporate their agreement in the Stipulated Protective Order 13 submitted to the Court. 14 XIII. MISCELLANEOUS 15 A. Right to Further Relief 16 1. Nothing in this Order abridges the right of any person to seek its 17 modification by the Court in the future. 18 B. Right to Assert Other Objections 19 1. By stipulating to the entry of this Protective Order, no Party 20 waives any right it otherwise would have to object to disclosing or 21 producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to 23 object on any ground to use in evidence of any of the material covered 24 by this Protective Order. 25 C. Filing Protected Material 26 1. A Party that seeks to file under seal any Protected Material must 27 comply with Civil Local Rule 79-5. Protected Material may only be 28 filed under seal pursuant to a court order authorizing the sealing of the 1 specific Protected Material at issue. If a Party's request to file 2 Protected Material under seal is denied by the Court, then the 3 Receiving Party may file the information in the public record unless 4 otherwise instructed by the Court. 5 XIV. FINAL DISPOSITION 6 A. After the final disposition of this Action, as defined in Section V, 7 within sixty (60) days of a written request by the Designating Party, each 8 Receiving Party must return all Protected Material to the Producing Party or 9 destroy such material. As used in this subdivision, “all Protected Material” 10 includes all copies, abstracts, compilations, summaries, and any other format 11 reproducing or capturing any of the Protected Material. Whether the 12 Protected Material is returned or destroyed, the Receiving Party must submit 13 a written certification to the Producing Party (and, if not the same person or 14 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 15 category, where appropriate) all the Protected Material that was returned or 16 destroyed and (2) affirms that the Receiving Party has not retained any 17 copies, abstracts, compilations, summaries or any other format reproducing 18 or capturing any of the Protected Material. Notwithstanding this provision, 19 Counsel are entitled to retain an archival copy of all pleadings, motion 20 papers, trial, deposition, and hearing transcripts, legal memoranda, 21 correspondence, deposition and trial exhibits, expert reports, attorney work 22 product, and consultant and expert work product, even if such materials 23 contain Protected Material. Any such archival copies that contain or 24 constitute Protected Material remain subject to this Protective Order as set 25 forth in Section V. 26 B. Any violation of this Order may be punished by any and all 27 appropriate measures including, without limitation, contempt proceedings 28 and/or monetary sanctions. 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Dated: June 30, 2023 SETAREH LAW GROUP

3 By /s/ Tyson Gibb 4 Shaun Setareh Jose Maria D. Patino, Jr. 5 Tyson Gibb

6 Attorneys for Plaintiff

KIKISHIA BURRUS

7

8 Dated: June 30, 2023 MORGAN, LEWIS & BOCKIUS LLP

9 By /s/J.P. Schreiber Michael D. Weil 10 Jennifer B. Zargarof J.P. Schreiber 11 Anahi Cruz

12 Attorneys for Defendants

THE ELEVANCE COMPANIES,

13 INC. (f.k.a. The Anthem Companies, Inc.); ELEVANCE HEALTH, INC.; 14 and THE ELEVANCE HEALTH

COMPANIES OF CALIFORNIA,

15

INC.

16

17

18 Filer’s Attestation: 19 Pursuant to Local Rule 5-4.3.4 regarding signatures, J.P. Schreiber hereby 20 attests that concurrence in the filing of this document has been obtained from 21 Tyson Gibb. 22 /s/J.P. Schreiber 23 J.P. Schreiber 24 25

26 27 28 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 || Dated: ___July 3, 2023 7 oem. fe isinsrr_ ; KAREN L. STEVENSON

CHIEF MAGISTRATE JUDGE

6 7 g 9 10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [DATE] in the case of Burrus v. Elevance Health, 8 Inc., et al., Case No. 2:22-cv-06901-SB-KS. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms of 17 this Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint [print or 19 type full name] of [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: 24 City and State where sworn and signed: 25 26 Printed Name: 27 Signature: 28