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Bristol SL Holdings, Inc. v. Cigna Health Life Insurance Co.

United States District Court, C.D. California, Southern Division

July 18, 2019

BRISTOL SL HOLDINGS, INC. et al., Plaintiff,
v.
CIGNA HEALTH AND LIFE INSURANCE COMPANY, et al., Defendants.

          Jennifer A. Liakos, Esq SBN 106425 Matthew M. Lavin, Esq. (pro hac vice) NAPOLI SHKOLNIK PLLC Attorneys for Plaintiff Bristol SL Holdings, Inc., in its capacity as the assignee for Sure Haven, Inc.

          HON. ANDREW J. GUILFORD JUDGE

          PROTECTIVE ORDER AS TO ALL CONFIDENTIAL INFORMATION

          AUTUMN D. SPAETH UNITED STATES MAGISTRATE JUDGE

         Judge: Hon. Andrew J. Guilford Magistrate: Hon. Autumn D. Spaeth Jennifer A. Liakos, Esq SBN 106425 Matthew M. Lavin, Esq. (pro hac vice)

         The Court recognizes that at least some of the documents and information (“materials”) being sought by parties in the above-captioned action are, for competitive or other reasons, normally kept confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order (“Order”) in this action.

         The materials to be exchanged throughout the course of the litigation between the parties may contain confidential research, technical, cost, price, marketing, or other commercial information, as well as information protected by the Health Insurance Portability and Accountability Act (“HIPAA”), 42 U.S.C. § 290dd-2, and state privacy statutes, as is contemplated by Fed.R.Civ.P. 26(c), F.R.E. 502(d) and 45 CFR § 162.512(e)(1)(v).

         Information exchanged by the parties may contain Protected Health Information (PHI) as defined by 45 C.F.R. §§ 160.103 and 164.501, including information protected by 42 U.S.C. § 290dd-2. In accordance with HIPAA, codified at 42 U.S.C. §§ 1320d et seq. and implemented at 45 C.F.R. §§ 160 and 164 and 42 U.S.C. § 290dd-2 and implemented at 42 C.F.R. §§ 2.1-2.67, this Protective Order specifically prevents any receiving party from using or disclosing PHI for any purpose other than prosecuting, defending or settling the claims in this litigation. See 45 C.F.R. § 164.512(e)(1)(v)(A); 42 C.F.R. § 2.33. The parties have established good cause for a qualified protective order.

         The purpose of this Order is to protect the confidentiality of such materials as much as practical during the litigation. THEREFORE:

         DEFINITIONS

         1. The term “Confidential Information” will mean and include information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, and compilations derived therefrom that is deemed to be “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY'S EYES ONLY” by any party to which it belongs.

         2. “Producing Party” shall mean a Party or non-party on whose behalf the Discovery Material is produced, furnished, or disclosed, during the course of this action, in response to requests for production of documents, interrogatories, requests for admission, depositions, subpoena, or any other requests for discovery pursuant to the Federal Rules of Civil Procedure.

         3. “Receiving Party” shall mean any Party or non-party to whom Discovery Material is produced, furnished, or disclosed, whether voluntarily or in response to a formal or informal discovery request, subpoena, deposition notice, or court order, by any Producing Party in this action;

         4. “Designating Party” means any Party or non-party that opts to designate any Discovery Material or portion thereof as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY'S EYES ONLY” pursuant to this Order.

         5. The terms “materials” or “Discovery Material” will include, but is not be limited to: documents; correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other material that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; compilations from which information can be obtained and translated into reasonably usable form through detection devices; sketches; drawings; notes (including laboratory notebooks and records); reports; instructions; disclosures; other writings; models and prototypes and other physical objects.

         6. The term “counsel” will mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed by counsel of record for the Parties herein, and in-house counsel for the Parties.

         7. The term “CONFIDENTIAL” will mean sensitive, confidential, proprietary information, or non-public personal information (e.g., social security numbers) that has not been made public by the Designating Party and that the Designating Party reasonably and in good faith believes contains or comprises (i) trade secrets, (ii) proprietary or otherwise sensitive non-public business information, (iii) information implicating an individual's legitimate expectation of privacy, or (iv) “protected health information” as defined in 45 C.F.R. §§ 160.103 and 164.501.

         8. “CONFIDENTIAL - ATTORNEY'S EYES ONLY” means Discovery Material that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party.

         GENERAL RULES

         9. Each party to this litigation that produces or discloses any materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, or information that the producing party believes should be subject to this Protective Order may designate the same as “CONFIDENTIAL or “CONFIDENTIAL - ATTORNEY'S EYES ONLY” consistent with the above definitions.

         10. Protected Health Information:

a. All parties and counsel in this action (including all plaintiffs' counsel, regardless of the particular individual(s) they represent) are authorized to receive, subpoena, and transmit protected health information to the ...

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