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United States ex rel. Loi Trinh v. North East Medical Services

United States District Court, Ninth Circuit

October 7, 2013

UNITED STATES OF AMERICA and the STATE OF CALIFORNIA, ex rel. LOI TRINH and ED TA-CHIANG HSU, Plaintiffs,
v.
NORTH EAST MEDICAL SERVICES, Defendant.

Wilke, Fleury, Hoffelt, Gould & Birney, LLP, Matthew W. Powell, Sacramento, California. Counsel for Non-Party San Francisco Health Plan.

STUART F. DELERY, Assistant Attorney General, MELINDA HAAG United States Attorney.

Ila C. Deiss (NYBN 3052909), Melanie L. Proctor (CABN 228971), Assistant United States Attorneys, San Francisco, California.

Michael D. Granston, Daniel R. Anderson, Edward C. Crooke, Meredith L. Toole, Civil Division, U.S. Department of Justice, Attorneys, Civil Division, United States Department of Justice, Washington, D.C., Counsel for the United States.

KAMALA D. HARRIS, Attorney General for the State of California.

Lora Fox Martin (CABN 168012), Deputy Attorney General, California Attorney General's Office, Bureau of Medi-Cal Fraud and Elder Abuse, San Diego, CA., Counsel for the State of California.

Feldesman Tucker Leifer Fidell LLP, Matthew S. Freedus, Marisa B. Guevara, Nicole M. Bacon [1] , Washington, D.C.

CLAUDIA WILKEN, District Judge.

WHEREAS, Defendant Northeast Medical Services ("NEMS") has served a subpoena on Non-Party San Francisco Health Plan ("SFHP") seeking the production of material directly from Non-Party SFHP;

WHEREAS, Non-Party SFHP maintains that a Stipulated Protective Order is needed to provide adequate protection against misuse or disclosure of its sensitive, proprietary or trade secret information, and it has requested that Plaintiffs and Defendant voluntarily stipulate to the entry of a Protective Order in this Litigation (the "Protective Order") applicable to Non-Party SFHP.

THEREFORE, Plaintiffs, Defendant, and Non-Party SFHP, by and through their respective counsel, hereby STIPULATE AND AGREE that the Court may enter the following Protective Order to provide protection for material produced by Non-Party SFHP:

The documents to be protected by the Protective Order shall be produced or submitted by Non-Party SFHP with the designation "ATTORNEYS' EYES ONLY" and shall be subject to the following restrictions:

A. Definitions

1. "Party": any party to this Litigation, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).

2. "Material": all information, documents, testimony, and things generated, produced, served, or otherwise provided in this Litigation by Non-Party SFHP.

3. "ATTORNEYS' EYES ONLY" Material: information, documents, and things Non-Party SFHP believes in good faith is not generally known to others, and that Non-Party SFHP (i) would not normally reveal to third parties except in confidence, or has undertaken with others to maintain in confidence, or (ii) believes in good faith is protected by a right to privacy under federal or state law, or any other applicable privilege or right related to confidentiality or privacy.

4. "Receiving Party": a Party that receives Material from Non-Party SFHP.

5. "Designated Material": Material that is designated "ATTORNEYS' EYES ONLY" under this Order.

6. "Counsel of Record": (i) outside counsel who appears on the pleadings as counsel for a Party, (ii) partners, principals, counsel, associates, employees and contract attorneys of such outside counsel to whom it is reasonably necessary to disclose the information for this Litigation, including supporting personnel employed by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks and shorthand reporters, and/or (iii) independent legal translators retained to translate in connection with this Litigation, or independent shorthand reporters retained to record and transcribe testimony in connection with this Litigation.

7. "Outside Consultant": a person with specialized knowledge or experience in a matter pertinent to the Litigation who has been retained by Counsel of Record to serve as an expert witness, or as a litigation consultant in this Litigation.

8. "Professional Vendors": persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics, or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors who have been retained by Counsel of Record in this Litigation. This definition includes ESI vendors, professional jury or trial consultants retained in connection with this Litigation retained by such consultants to assist them in their work. Professional vendors do not include consultants who fall within the definition of Outside Consultant.

B. Scope

9. The protections conferred by this Order cover not only Designated Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof. Nothing herein shall alter or change in any way the discovery provisions of the Federal Rules of Civil Procedure or any applicable local rules or General Orders.

C. Access to Designated Material

10. Access to "ATTORNEYS' EYES ONLY" Material: Unless otherwise ordered by the United States District Court for the Northern District of California or permitted in writing by Non-Party SFHP, a Receiving Party may disclose any ...


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