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International Longshore & Warehouse Union-Pacific Maritime Association v. Sharp Surgery Center

December 13, 2011

INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARITIME ASSOCIATION WELFARE PLAN BOARD OF TRUSTEES, ET AL. PLAINTIFFS,
v.
SHARP SURGERY CENTER, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: The Hon. Ralph Zarefsky U.S. Magistrate Judge

STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION AND USE OF CONFIDENTIAL INFORMATION [PROPOSED] NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT

Pursuant to the Parties' Stipulated Request for Entry of Protective Order Regarding Production and Use of Confidential Information, and the Court finding good cause for granting the requested relief, hereby enters the following Protective Order in the above-titled case:

1. Definitions.

a. "Action" shall refer to the above-titled action, United States District Court, Central District of California, Case No. 2:11-cv-06265-JHN-RZx.

b. "Confidential Material" shall mean Material (regardless of how generated, stored or maintained) or tangible things that relate to or describe medical treatment, services or supplies provided to Plan participants or others and includes all information or documents regarding individuals that are subject to the Standards of Privacy of Individually Identifiable Health Information, 45 C.F.R. Parts 160 and 164 promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), or other similar statutory regulatory privacy protections.

c. "Designating Person" shall refer to a Person (including a Party) that designates Material as "Confidential" under this Order.

d. "Material" shall mean all documents, electronically stored information, testimony and discovery responses, including all copies, excerpts and summaries thereof, relating to this case.

e. "Party" or "Parties" shall refer to any party to this action, including all counsel (and their support staff).

f. "Person" shall refer to and include (a) all Parties to the Action; and (b) any other person receiving, producing or disclosing Material in the Action.

g. "Producing Person" shall refer to a Person (including a Party) that produces Material in the Action.

h. "Receiving Person" shall refer to a Person (including a Party) that receives Material from a Producing Person.

i. "Order" shall refer to this Protective Order.

2. This Order shall govern the handling of all Material provided during the course of the Action either voluntarily, as initial disclosures or in response to discovery requests made pursuant to the Federal Rules of Civil Procedure, or as required or permitted by Court order. The provisions of this Order shall apply to any Person.

3. All Material shall be used only for the purpose of preparing for, and conducting the Action, including any appeals thereof, and shall not be used by the Parties or any other person for any other purpose. All Confidential Material disclosed in this Action shall be permitted to be disclosed and used in the case of Sharp Surgery Center v. SHPS, Inc., Case No. YC062741 pending in the Superior Court of California, County of Los Angeles ("State Court Action"), only after (1) at least one Plaintiff herein is named as a defendant in the State Court Action, and (2) all parties to the State Court Action have executed a Stipulated Protective Order, which will govern the ...


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