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Beth A. Rhodes, M.D v. Sutter Health

July 25, 2012

BETH A. RHODES, M.D.,
PLAINTIFF,
v.
SUTTER HEALTH, A CALIFORNIA CORPORATION, SUTTER GOULD MEDICAL FOUNDATION, A CALIFORNIA CORPORATION, THE GOULD MEDICAL GROUP, INC., A CALIFORNIA CORPORATION, DEFENDANTS.



STIPULATION AND PROPOSED PROTECTIVE ORDER IN REGARD TO THE EXCHANGE AND DISCLOSURE OF CONFIDENTIAL INFORMATION

Disclosure and discovery activity in this action are likely to involve production of confidential, trade secret, proprietary or personal information, including but not limited to private medical information of patients and highly confidential and proprietary business agreements, for which special protection from public disclosure and from use for any purpose other than prosecuting or defending this litigation would be warranted. Accordingly, in order to protect the confidentiality of Confidential Information obtained by the parties in connection with the lawsuit entitled Beth Rhodes, M.D. v. Sutter Health, et al., Case No. 2:12 CV 00013-WBS-DAD in the District Court for the Eastern District of California, the parties, by and through their respective attorneys of record, hereby agree to stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery, and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential.

I. DESIGNATION OF DOCUMENTS AND TESTIMONY AS CONFIDENTIAL OR ATTORNEYS' EYES ONLY

A. Any party to this Stipulation may designate as "Confidential" any document, thing, electronically-stored information, response to discovery, or deposition testimony, or any portion thereof, which that party considers in good faith to contain Confidential Information subject to protection under California law.

B. As used herein, the designation "Confidential" is to be used to identify any testimony, document, thing, electronically-stored information, or other response to discovery, or any portion thereof, that contains private, confidential and/or nonpublic personal, business, financial, proprietary, commercial, trade secret or personnel information about any party to this litigation or third parties.

C. A party may designate as "Confidential" documents or discovery materials produced in connection with the case by providing written notice to all parties of the relevant document numbers or other identification within thirty (30) days after receiving such documents or discovery materials. Any party may voluntarily disclose to others without restriction any information designated by that party as confidential, although a document may lose its confidential status if it is made public.

D. Any party may designate highly confidential material as "Attorneys' Eyes Only" if such information contains personal information pertaining to patients or other highly confidential information, including, but not limited to any peer review documents, complaints, appeals, or things, or any documents or agreements containing highly confidential proprietary information, the disclosure of which would create a substantial risk of serious injury that could not be avoided by less restrictive means. Designation of such information shall be made in the same manner as information designated "Confidential" as stated in Subsection C of this Section. Special care shall be taken with respect to material designated "Attorneys' Eyes Only" so as to prevent inadvertent disclosure.

II. IDENTIFICATION OF DOCUMENTS AND TESTIMONY DESIGNATED AS CONFIDENTIAL OR ATTORNEYS' EYES ONLY

A. A party may designate a document produced voluntarily, in response to written discovery and/or a subpoena as "Confidential" or "Attorneys' Eyes Only" by stamping or otherwise marking the document as "Confidential" or "Attorneys' Eyes Only." If only a portion of the document is to be identified "Confidential" or "Attorneys' Eyes Only," the first page of the document shall be marked as "Subject to Protective Order" and the party producing the document should stamp or otherwise mark the specific portion(s) of the document that are "Confidential" or "Attorneys' Eyes Only." If portions of a document identified as "Confidential" or "Attorneys' Eyes Only" contain highly confidential information that is neither relevant to this lawsuit nor reasonably likely to lead to the discovery of admissible evidence, such highly confidential, irrelevant information may be redacted.

B. A party may designate a written response to discovery as "Confidential" or "Attorneys' Eyes Only" by stamping or otherwise marking the response as "Confidential" or "Attorneys' Eyes Only."

C. A party may designate an audio and/or video recording, computer disk, or other electronic media as "Confidential" or "Attorneys' Eyes Only" by stamping or otherwise marking the audio and/or video tape, computer disk, or other electronic media as "Confidential" or "Attorneys' Eyes Only." If only a portion of the audio and/or video tape, computer disk, or other electronic media is to be identified "Confidential" or "Attorneys' Eyes Only," the exterior of the audio and/or video tape, computer disk, or other electronic media shall be marked as "Subject to Protective Order" and the party producing the audio and/or video tape, computer disk, or other electronic media should identify or otherwise mark the specific portion(s) of the audio and/or video tape, computer disk, or other electronic media that are "Confidential" or "Attorneys' Eyes Only."

D. A party may designate information disclosed during deposition as "Confidential" or "Attorneys' Eyes Only" by so indicating on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally, a party may designate in writing, within twenty (20) days after receipt of said deposition transcript or which the designation is proposed, that specific pages of the transcript be treated as "Confidential" or "Attorneys' Eyes Only."

E. Material designated as "Confidential" may be referred to herein as "Confidential Information." Similarly, material designated as "Attorneys' Eyes Only" may be referred to herein as "Attorneys' Eyes Only Information."

III. OBJECTION TO DESIGNATION OF INFORMATION AS CONFIDENTIAL OR ATTORNEYS' EYES ONLY

A. If a party contends that any material is not entitled to confidential or attorneys' eyes only treatment such party may at any time give written notice to the party who designated the material. The party who designated the material shall have twenty-five (25) days from the receipt of such written notice to apply to the court for an order designating the material as confidential or attorneys' eyes only. The party seeking the order has the burden of establishing that the material is entitled to protection.

B. Notwithstanding any challenge to the designation of material as Confidential Information or Attorneys' Eyes Only Information, all material shall be treated as such and shall be subject to the provisions hereof unless and until one of the following occurs:

(1) the party who claims that the material is Confidential Information or Attorneys' Eyes Only Information withdraws such designation in writing; or

(2) the party who claims that the material is Confidential Information or Attorneys' Eyes Only Information fails to apply to the court for an order designating the material confidential within the time period specified above ...


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