Robert E. Bloch (pro hac vice), Scott P. Perlman (pro hac vice), MAYER BROWN LLP, Washington, DC,
Christopher J. Kelly (SBN 276312), MAYER BROWN LLP, Palo Alto, CA, Attorneys for Defendant, CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE SHIELD OF CALIFORNIA.
COTCHETT, PITRE & McCARTHY, LLP, Niall P. McCarthy (SBN 160175), Anne Marie Murphy (SBN 202540), Eric J. Buescher (SBN 271323), Burlingame, California, Attorneys for Plaintiffs.
SIDLEY AUSTIN LLP, Richard D. Raskin (admitted pro hac vice), Scott D. Stein (admitted pro hac vice), Allison W. Reimann (admitted pro hac vice), Chicago, Illinois,
Ryan M. Sandrock (SBN 251781), Naomi A. Igra (SBN 269095), San Francisco, California, Attorneys for Defendants, Quest Diagnostics Incorporated and Quest Diagnostics Clinical Laboratories Incorporated.
JENNER & BLOCK LLP, John J. Hamill, Kenneth K. Lee (Cal. Bar No. 264296), Jean M. Doherty (Cal. Bar No. 264308), Los Angeles, CA, John J. Hamill (pro hac vice), Jason M. Bradford (pro hac vice), Chicago, IL, Attorneys for Defendant, Blue Cross and Blue Shield Association. JONES DAY
David C. Kiernan, Robert A. Mittelstaedt #60359, Craig E. Stewart #129530, David C. Kiernan #215335, Lin W. Kahn #261387, San Francisco, CA, Attorneys for Defendant, Aetna, Inc.
STIPULATED PROTECTIVE ORDER
WILLIAM H. ORRICK, District Judge.
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 14.4, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.
2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.
2.2 "CONFIDENTIAL" Information or Items: information considered by the Producing Party in good faith to contain non-public competitive business information, forecasts, projections, contracts with third parties, business or marketing plans, studies or models, asset valuations, pricing data, product or plan descriptions, or other similarly sensitive non-public commercial, financial, or business matters or trade secrets.
2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).
2.4 Designated House Counsel: House Counsel who seek access to "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" information in this matter.
2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY".
2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.
2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current officer, director or employee of a Party or of a Party's competitor, and (3) at the time of retention, is not anticipated to become an officer, director or employee of a Party or of a Party's competitor.
2.8 "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" Information or Items: information as to which the Producing Party determines both of the following in good faith: (1) such information contains non-public information of a competitively or commercially sensitive, proprietary, financial or trade secret nature, or that involves or implicates privacy interests; and (2) disclosure of such information to the Receiving Party or a Non-Party may be detrimental to the Producing Party's interests.
2.9 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel.
2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.
2.11 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.12 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.
2.14 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL, " or as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
3.1 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully, in either case under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
3.2 Nothing in this Order shall prevent or restrict a Producing Party's own disclosure or use of its own Protected Material for any purpose.
3.3 Nothing in this Order shall be construed to prejudice any Party's rights to use any Protected Material in Court or in any Court filing with the written consent of the Designating Party or by order of the Court or in accordance with the rules of this Court for filing documents under seal.
3.4 This Order is without prejudice to the right of any Party to seek further or additional protection of any Discovery Material or to modify this Order in any way, including, without limitation, an order that certain matter not be produced at all.
3.5 Nothing in this Order shall be construed to prevent Outside Counsel of Record or House Counsel from advising their clients with respect to this case in whole or in part upon Protected Materials, provided that the Protected Materials are not disclosed by such Counsel except as provided in this Order.
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this ...