United States District Court, C.D. California
VALLEY SURGICAL CENTER, LLC, a California Limited Liability Company, Plaintiff,
COUNTY OF LOS ANGELES, a government entity, LAKSHMANAN SATHYAVAGISWARAN, M.D., an individual, ADRIAN MARINOVICH, M.D. an individual, RAFFI DJABOURIAN, M.D., an individual, DENIS C. ASTARITA, M.D., an individual, SELMA CALMES, M.D., an individual, JOHN KADES, an individual, ED WINTER, an individual and DOES 1-10, Defendants.
Kenneth A. Maranga, Esq, Morgan A. Metzger, Esq, Patricia E.
Ellyatt, Esq., Woodland Hills, Attorney for Defendant SELMA
CALMES, M.D., a public employee
FIRST AMENDED PROTECTIVE ORDER WHICH INCLUDES CHANGES
MADE TO DOCKET NUMBER 56, PURSUANT TO THE COURT'S
11/6/2017 ORDER (DKT. NO. 357)
ALICIA G. ROSENBERG UNITED STATES MAGISTRATE JUDGE.
PURPOSE AND LIMITATIONS
to and petitioned the Court to enter a Stipulated Protective
Order (Dkt. No. 56). The Court's November 6, 2017 Order
(Dkt. No. 357) made some changes to the Protective Order
which have been incorporated into this Amended 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 12.3, below, that this 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.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
“CONFIDENTIAL” Information or Items: information
(regardless of how it is generated, stored or maintained) or
tangible things that qualify for protection under Federal
Rule of Civil Procedure 26(c).
Counsel (without qualifier): Outside Counsel of Record and
House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as “CONFIDENTIAL.” 2.5
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.
Expert: a person with specialized knowledge or experience in
a matter pertinent to the litigation who has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in this action.
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.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
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.
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). The term Party does not include intervenors in this
action such as the United States of America.
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
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.
Protected Material: any Disclosure or Discovery Material that
is designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL.” 2.14 Receiving Party: a Party that
receives Disclosure or Discovery Material from a Producing
“HIGHLY CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that are extremely sensitive
CONFIDENTIAL INFORMATION, the disclosure of which to another
Party or Non-Party would create a substantial risk of serious
and irremediable harm to the disclosing party.
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 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 and 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.
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 action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for
Protection. Each Party or Non-Party that designates
information or items for protection under this Order must
take care to limit any such designation to specific material
that qualifies under the appropriate standards. The
Designating Party must designate for protection only those
parts of material, documents, items, or oral or written
communications that qualify - so that other portions of the
material, documents, items, or communications for which
protection is not warranted are not swept unjustifiably
within the ambit of this Order.
indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that
have been made for an improper purpose (e.g., to
unnecessarily encumber or retard the case development process
or to impose unnecessary ...