I 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT ? CENTRAL DISTRICT OF CALIFORNIA 10 BERYL WEINER, an individual; -19-cv- - - 11 || ROXBURY HEALTHCARE Case No. 2:19-cv-10664-JWH-E SERVICES, LLC, a California limited 12 Nability company: and S&W HEALTH | Matter Assigned to Honorable Judge John MANAGE SERVICES, INC.,a | w. Holcomb 13 || California corporation, 14 Plaintiffs/Counter-Defendants, Magistrate Judge Charles F. Eick 15 v [PROPOSED] AMENDED 16 || SCOTTSDALE INSURANCE PROTECTIVE ORDER 7 COMPANY, an Ohio corporation, GOVERNING CONFIDENTIAL Defendant/Counter- INFORMATION 18 Claimant/Third-Party Plaintiff, 19 || v. 20 || SOUTH BAY HOSPITAL MANAGEMENT COMPANY, LLC, a 21 || California limited liability company, 22 Third-Party Defendant/Counter Claimant. 23 24 25 1. GUIDING PRINCIPLES 26 1.1. PURPOSES AND LIMITATIONS 27 Discovery in this action is likely to involve production of confidentia 28 || proprietary or private information for which special protection from public disclosur

and from use for any purpose other than prosecuting this litigation may be warrantec Accordingly, the parties hereby stipulate to and petition the Court to enter the followin ° Stipulated Protective Order. The parties acknowledge that this Order does not confe ° blanket protections on all disclosures or responses to discovery and that the protectio it affords from public disclosure and use extends only to the limited information c ° items that are entitled to confidential treatment under the applicable legal principles. ° 1.2. GOOD CAUSE STATEMENT ’ SCOTTSDALE INSURANCE COMPANY (“Scottsdale”) has propounde discovery on BERYL WEINER, an individual; ROXBURY HEALTHCARI ° SERVICES, LLC, a California limited liability company; and S&W HEALTI MANAGEMENT SERVICES, INC., and SOUTH BAY □□□□□□□□□ MANAGEMENT COMPANY, LLC (collectively, the “Insureds”) regarding th ‘7 insurance coverage issues in this litigation. The Insureds believe that disclosure o non-public confidential information relating to several pending lawsuits, including / re Gardens Regional Hospital and Medical Center, Inc., Case No. 2:16-bk-17463-E] (C.D. Cal.); State of California ex. rel. Mark Sersansie, et al. v. Gardens □□□□□□□ Hospital Medical Center, Inc., et al., Los Angeles Superior Court, Case Ne BC534466; and Serrano Management Group, et al. v. South Bay Hospital Managemer 8 Co., LLC, et al., Los Angeles Superior Court, Case No. BC479025 (the “Underlyin Actions”), particularly settlement agreements and protective orders entered int therein, warrant special protection from public disclosure and from use for any purpos other than prosecution of this action. Such confidential and proprietary materials an °° information consist of, among other things, confidential business or □□□□□□□□ 3 information, and information regarding confidential business practices, or which ma be privileged or otherwise protected from disclosure under state or federal statute: court rules, case decisions, or common law. Further, the courts approved a protectiv *6 order governing the production and exchange of confidential and highly confidentie information in the Underlying Actions.

The Insureds have propounded discovery on Scottsdale regarding th

5 investigation of claims and coverage decisions regarding the insurance policies at issu

3 in this coverage action (the “Policies”). Scottsdale believes that documents an information relating to the insurance coverage issues are likely to contain Scottsdale’ confidential business practices. Accordingly, to expedite the flow of information, to facilitate the □□□□□ 5 resolution of disputes over confidentiality of discovery materials, to adequately protec information the parties are entitled to keep confidential, to ensure that the parties ar permitted reasonable necessary uses of such material in preparation for and in th conduct of trial, to address their handling at the end of the litigation, and serve the end of justice, a protective order for such information is justified in this matter. It is th intent of the parties that information will not be designated as confidential for tactics reasons and that nothing be so designated without a good faith belief that it has bee maintained in a confidential, non-public manner, and there is good cause why it shoul not be part of the public record of this case. 1.3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that thi 8 Stipulated Protective Order does not entitle them to file confidential information unde seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and th standards that will be applied when a party seeks permission from the court to fil material under seal. There is a strong presumption that the public has a right of access to judicie 54 proceedings and records in civil cases. In connection with non-dispositive motion:

35 good cause must be shown to support a filing under seal. See Kamakana v. City an

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motor

57 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc

38 187 E R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require goo

cause showing), and a specific showing of good cause or compelling reasons wit

5 proper evidentiary support and legal justification, must be made with respect t

3 Protected Material that a party seeks to file under seal. The parties’ mere designatio of Disclosure or Discovery Material as CONFIDENTIAL does not—without th : submission of competent evidence by declaration, establishing that the material □□□□□ to be filed under seal qualifies as confidential, privileged, or otherwise protectable— ° constitute good cause. Further, if a party requests sealing related to a dispositive motion or trial, the

9 compelling reasons, not only good cause, for the sealing must be shown, and the □□□□□

10 sought shall be narrowly tailored to serve the specific interest to be protected. Se

1 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each iter

or type of information, document, or thing sought to be filed or introduced under sez in connection with a dispositive motion or trial, the party seeking protection mu: articulate compelling reasons, supported by specific facts and legal justification, fc

1s the requested sealing order. Again, competent evidence supporting the application t file documents under seal must be provided by declaration. Any document that is not confidential, privileged, or otherwise protectable in it

entirety will not be filed under seal if the confidential portions can be redacted. □ documents can be redacted, then a redacted version for public viewing, omitting onl the confidential, privileged, or otherwise protectable portions of the document, sha

51 be filed. Any application that seeks to file documents under seal in their entirety shoul include an explanation of why redaction is not feasible. 2. DEFINITIONS 2.1. ACTION The above-captioned action pending in the United States District Court for th Central District of California and styled as Beryl Weiner, et al. v. Scottsdale Insuranc

54 Company, et al., Case No. 2:19-cv-10664-JWH-E.

2.2. CHALLENGING PARTY A Party or Non-Party that challenges the designation of information or item under this Order. ° 2.3. “CONFIDENTIAL” INFORMATION OR ITEMS : Information (regardless of how it is generated, stored or maintained) or tangibl things that qualify for protection under Federal Rule of Civil Procedure 26(c), and a specified above in the Good Cause Statement. 2.4. COUNSEL Outside Counsel of Record and House Counsel (as well as their support staff). ° 2.5. DESIGNATING PARTY A Party or Non-Party that designates information or items that it produces 1 disclosures or in responses to discovery as “CONFIDENTIAL.” ‘7 2.6. DISCLOSURE OR DISCOVERY MATERIAL All items or information, regardless of the medium or manner in which it 1 generated, stored, or maintained (including, among other things, testimony, transcript: 6 and tangible things), that are produced or generated in disclosures or responses t discovery in this matter. 2.7. EXPERT A person with specialized knowledge or experience in a matter pertinent to th litigation who has been retained by a Party or its counsel to serve as an expert witnes or as a consultant in this Action. 2.8. HOUSE COUNSEL Attorneys who are employees of a party to this Action. House Counsel does nc include Outside Counsel of Record or any other outside counsel. 2.9. NON-PARTY Any natural person, partnership, corporation, association or other legal entity nc named as a Party to this action. 2.10. OUTSIDE COUNSEL OF RECORD

Attorneys who are not employees of a party to this Action but are retained t

5 represent or advise a party to this Action and have appeared in this Action on behalf o

3 that party or are affiliated with a law firm that has appeared on behalf of that party, an includes support staff. 2.11. PARTY Any party to this Action, including all of its officers, directors, employee: 5 consultants, retained experts, and Outside Counsel of Record (and their support staffs 2.12. PRODUCING PARTY A Party or Non-Party that produces Disclosure or Discovery Material in thi Action. 2.13. PROFESSIONAL VENDORS Persons or entities that provide litigation support services (e.g., photocopying 3 videotaping, translating, preparing exhibits or demonstrations, and organizing, storing 4 or retrieving data in any form or medium) and their employees and subcontractors. 2.14. PROTECTED MATERIAL Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL. 2.15. RECEIVING PARTY A Party that receives Disclosure or Discovery Material from a Producing Party 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protecte

51 Material (as defined above), but also (1) any information copied or extracted fror

Protected Material; (2) all copies, excerpts, summaries, or compilations of Protecte

33 Material; and (3) any testimony, conversations, or presentations by Parties or the: Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the triz

judge. This Order does not govern the use of Protected Material at trial. 4. DURATION Once a case proceeds to trial, information that was designated as

CONFIDENTIAL or maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public and will be presumptively available to all ° members of the public, including the press, unless compelling reasons supported by ° specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” ° showing for sealing documents produced in discovery from “compelling reasons” ° standard when merits-related documents are part of court record). Accordingly, with ’ respect to Confidential Material introduced at trial, the terms of this protective order do not extend beyond the commencement of the trial. ° 5. DESIGNATING PROTECTED MATERIAL 5.1. EXERCISE OF RESTRAINT AND CARE IN DESIGNATING

MATERIAL FOR PROTECTION.

‘7 Each Party or Non-Party that designates information or items for protectio under this Order must take care to limit any such designation to specific material the qualifies under the appropriate standards. The Designating Party must designate fc protection only those parts of material, documents, items or oral or writte communications that qualify so that other portions of the material, documents, item or communications for which protection is not warranted are not swept unjustifiabl within the ambit of this Order. Mass, indiscriminate or routinized designations are prohibited. Designation that are shown to be clearly unjustified or that have been made for an improper purpos (e.g., to unnecessarily encumber the case development process or to impos °° unnecessary expenses and burdens on other parties) may expose the Designating Part to sanctions. If it comes to a Designating Party’s attention that information or items that - > designated for protection do not qualify for protection, that Designating Party mus promptly notify all other Parties that it is withdrawing the inapplicable designation. 28

5.2. MANNER AND TIMING OF DESIGNATIONS. Except as otherwise provided in this Order, or as otherwise stipulated or orderec

3 Disclosure or Discovery Material that qualifies for protection under this Order must b

4 clearly so designated before the material is disclosed or produced. Designation 1 conformity with this Order requires: (a) for information in documentary form (e.g., paper or electroni

5 documents, but excluding transcripts of depositions or other pretrial or tris

proceedings), that the Producing Party affix at a minimum, the legen 9 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page the

10 contains protected material. If only a portion of the material on a page qualifies fc

1 protection, the Producing Party also must clearly identify the protected portion(s) (e.g by making appropriate markings in the margins). 3 (b) for testmony given in depositions, either that the Designating Part identifies the Disclosure or Discovery Material on the record, before the close of th deposition all protected testimony, or within ten (10) business days of receipt of th

6 deposition transcript, whichever is later. During the first ten (10) business days afte

receipt of the deposition transcript, the deposition transcript shall be deeme “CONFIDENTIAL.” (c) for information produced in some form other than documentary and fo

50 any other tangible items, that the Producing Party affix in a prominent place on th exterior of the container or containers in which the information 1s stored the legen “CONFIDENTIAL.” If only a portion or portions of the information warrant protection, the Producing Party, to the extent practicable, shall identify the protecte portion(s). 5.3. INADVERTENT FAILURES TO DESIGNATE. > If timely corrected, an inadvertent failure to designate qualified information c items does not, standing alone, waive the Designating Party’s right to secure protectio 38 under this Order for such material. Upon timely correction of a designation, th

Receiving Party must make reasonable efforts to assure that the material is treated 1 accordance with the provisions of this Order. ° 6. CHALLENGING DESIGNATIONS ° 6.1. TIMING OF CHALLENGES. : Any Party or Non-Party may challenge a designation of confidentiality at an time that is consistent with the Court’s Scheduling Order. ° 6.2. MEET AND CONFER. The Challenging Party shall initiate the dispute resolution process under □□□ Rule 37.1 et seq. ° 6.3. BURDEN. The burden of persuasion in any such challenge proceeding shall be on th

Designating Party. Frivolous challenges, and those made for an improper purpos 3 (e.g., to harass or impose unnecessary expenses and burdens on other parties) ma 4 expose the Challenging Party to sanctions. Unless the Designating Party has waive

1s or withdrawn the confidentiality designation, all parties shall continue to afford th

6 material in question the level of protection to which it is entitled under the Producin Party’s designation until the Court rules on the challenge. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1. BASIC PRINCIPLES. A Receiving Party may use Protected Material that is disclosed or produced b 51 another Party or by a Non-Party in connection with this Action only for □□□□□□□□□□□ defending or attempting to settle this Action. Such Protected Material may b disclosed only to the categories of persons and under the conditions described in thi Order. When the Action has been terminated, a Receiving Party must comply with th

35 provisions of Section 13 below (FINAL DISPOSITION). 7.2. STORAGE. Protected Material must be stored and maintained by a Receiving Party at location and in a secure manner that ensures that access is limited to the person

authorized under this Order. 7.3. DISCLOSURE OF “CONFIDENTIAL” INFORMATION OR ° ITEMS. ° Unless otherwise ordered by the court or permitted in writing by the Designatin Party, a Receiving Party may disclose any information or item designate ° “CONFIDENTIAL” only to: ° (a) the Receiving Party’s Outside Counsel of Record in this Action, as we! ’ as employees of said Outside Counsel of Record to whom it is reasonably necessary t disclose the information for this Action; ° (b) the officers, directors, and employees (including House Counsel) of th Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whor ‘7 disclosure is reasonably necessary for this Action and who have agreed to be bound b this Order; 14 (d) the court and its personnel: (e) court reporters and their staff; (f) professional jury or trial consultants, mock jurors, and □□□□□□□□□□ Vendors to whom disclosure is reasonably necessary for this Action and who hav 8 agreed to be bound by this Order; (g) the author or recipient of a document containing the information or custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in th °° Action to whom disclosure is reasonably necessary provided: (1) the deposing part requests that the witness agree to be bound by this Order: and (2) they will not b permitted to keep any confidential information unless they agree to be bound by thi Order, unless otherwise agreed by the Designating Party or ordered by the court. Page *6 of transcribed deposition testimony or exhibits to depositions that reveal Protecte Material may be separately bound by the court reporter and may not be disclosed t

anyone except as permitted under this Stipulated Protective Order:

5 (i) any mediator or settlement officer, and their supporting personne 3 mutually agreed upon by any of the parties engaged in settlement discussions;

4 (j) the Receiving Party’s auditors, insurers, reinsurers, insuranc

; representatives, and regulators of the Parties to whom disclosure is reasonabl necessary for this Action; and (k) any other person as to whom the Producing Party agrees in writing. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

° 8.1. NOTIFICATION. Ifa Party is served with a subpoena or a court order issued in other litigation the compels disclosure of any information or items designated in this Action a “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification sha! include a copy of the subpoena or court order: (b) promptly notify in writing the party who caused the subpoena or order t issue in the other litigation that some or all of the material covered by the subpoena c order is subject to this Protective Order. Such notification shall include a copy of thi 8 Stipulated Protective Order: and (c) cooperate with respect to all reasonable procedures sought to be pursue by the Designating Party whose Protected Material may be affected. 8.2. DELAYING PRODUCTION. If the Designating Party timely seeks a protective order, the Party served wit the subpoena or court order shall not produce any information designated in this actio as “CONFIDENTIAL” before a determination by the court from which the subpoen or order issued, unless the Party has obtained the Designating Party’s permission. Th

57 Designating Party shall bear the burden and expense of seeking protection in that cou

38 of its Protected Material and nothing in these provisions should be construed a

authorizing or encouraging a Receiving Party in this Action to disobey a lawft directive from another court. ° 9. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE ° PRODUCED IN THIS LITIGATION 9.1. APPLICATION. The terms of this Order are applicable to information produced by a Non Party in this Action and designated as “CONFIDENTIAL.” — Such informatio produced by Non-Parties in connection with this litigation is protected by the remedie

9 and relief provided by this Order. Nothing in these provisions should be construed a

10 prohibiting a Non-Party from seeking additional protections. 9.2. NOTICE. In the event that a Party is required, by a valid discovery request, to produc 3 a Non-Party’s confidential information in its possession, and the Party is subject to a

4 agreement with the Non-Party not to produce the Non-Party’s confidential informatior then the Party shall: (a) promptly notify in writing the Requesting Party and the Non-Party the

some or all of the information requested is subject to a confidentiality agreement wit a Non-Party: (b) promptly provide the Non-Party with a copy of the Stipulated Protectiv

50 Order in this Action, the relevant discovery request(s), and a reasonably specifi description of the information requested: and (c) make the information requested available for inspection by the Non Party, if requested. 9.3. PRODUCTION. If the Non-Party fails to seek a protective order from this court within 14 day of receiving the notice and accompanying information, the Receiving Party ma 57 produce the Non-Party’s confidential information responsive to the discovery reques 38 If the Non-Party timely seeks a protective order, the Receiving Party shall not produc 12

any information in its possession or control that is subject to the confidentialit agreement with the Non-Party before a determination by the court. Absent a cow ° order to the contrary, the Non-Party shall bear the burden and expense of seekin ° protection in this court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL ° If a Receiving Party learns that, by inadvertence or otherwise, it has disclose ° Protected Material to any person or in any circumstance not authorized under thi ’ Stipulated Protective Order, the Receiving Party must immediately (a) notify in writin the Designating Party of the unauthorized disclosures, (b) use its best efforts to retriev ° all unauthorized copies of the Protected Material, (c) inform the person or persons t whom unauthorized disclosures were made of all the terms of this Order, and (d request such person or persons to agree to be bound by this Order. ‘7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certai inadvertently produced material is subject to a claim of privilege or other protectior the obligations of the Receiving Parties are those set forth in Federal Rule of Civ Procedure 26(b)(S)(B). This provision is not intended to modify whatever procedur 8 may be established in an e-discovery order that provides for production without pric privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as th parties reach an agreement on the effect of disclosure of a communication o information covered by the attorney-client privilege or work product protection, th °° parties may incorporate their agreement in the stipulated protective order submitted t the court. 12. MISCELLANEOUS > 12.1. RIGHT TO FURTHER RELIEF. Nothing in this Order abridges the right of any person to seek its modificatio: by the Court in the future.

12.2. RIGHT TO ASSERT OTHER OBJECTIONS. By stipulating to the entry of this Protective Order, no Party waives any right 1

3 otherwise would have to object to disclosing or producing any information or item o

4 any ground not addressed in this Stipulated Protective Order. Similarly, no Part ; waives any right to object on any ground to use in evidence of any of the materie covered by this Protective Order. ° 12.3. FILING PROTECTED MATERIAL. A Party that seeks to file under seal any Protected Material must comply wit

9 Local Civil Rule 79-5. Protected Material may only be filed under seal pursuant to court order authorizing the sealing of the specific Protected Material at issue. If Party’s request to file Protected Material under seal is denied by the court, then th

Receiving Party may file the information in the public record unless otherwis instructed by the court. 13. FINAL DISPOSITION This Order, insofar as it restricts the communication and use of Confidentiz Material, shall continue to be binding throughout and after the conclusion of thi litigation, including any appeals. The obligations of the Parties under this Order sha. survive the resolution of this action such that the Parties agree to maintain al Confidential Material as “CONFIDENTIAL” during the pendency of and after th conclusion of this action. 14. VIOLATION Any violation of this Order may be punished by appropriate measures including 33 without limitation, contempt proceedings and/or monetary sanctions.

94 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2) DaTpp. February 17, 2021 26 /s/ Charles F. Eick 27 CHARLESF.FICK 28 United States Magistrate Judge 14