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Atzin v. Anthem, Inc.

United States District Court, C.D. California

September 17, 2019

LACY ATZIN; MARK ANDERSEN, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
ANTHEM, INC.; ANTHEM UM SERVICES, INC., Defendants.

          PROTECTIVE ORDER

          HONORABLE PAUL L. ABRAMS UNITED STATES MAGISTRATE JUDGE.

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and for good cause, the Court issues this Protective Order (the “Order”). Unless modified, this Order shall remain in effect through the conclusion of this litigation:

         GOOD CAUSE STATEMENT

         The parties acknowledge that information produced in discovery, regardless of its designation under this Order, may contain personal and health information subject to the protections of, inter alia, the Health Insurance Portability and Accountability Act of 1996, the applicable requirements of the Standards for Privacy of Individually Identifiable Health Information and its implementing regulations issued by the U.S. Department of Health and Human Services (45 C.F.R. Parts 160-64; HIPAA Privacy Regulations), and California Civil Code §§ 56 et seq., and 1798.82 et seq., which protect the confidentiality of individually-identifiable personal and health information. Discovery may also involve trade secrets, customer and pricing lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted.

         Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled or required to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and to serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         IT IS THEREFORE ORDERED THAT:

         1. A document constitutes or contains “Confidential Material” when it has been given that designation by the party producing it or by the party to whom the information relates (“the Designating Party”). A party or nonparty may designate documents or information as “Confidential Material” as follows:

         a. In the case of documents and information contained in documents, designation must be made by placing the following legend on each page of the document before production:

         “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.”

         b. In the case of discovery responses and information contained in discovery responses, designation must be made by (i) placing a statement at the start or end of the responses specifying that the responses, or part of the responses, are designated Confidential Material, and (ii) placing the following legend on each page (including the caption page) of any discovery response containing designated Confidential Material:

         “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.”

         c. In the case of depositions and hearings, designation of the portions of the transcript (including exhibits) that contain Confidential Material must be made by the Designating Party by: (i) making a statement to that effect on the record in the course of the deposition or hearing; or (ii) sending a letter to all counsel within the time permitted for the review and signing of the deposition by the witness (in the event of a deposition) or within 45 days of receipt of the transcript of the hearing (in the event of a hearing). Once designated, the original and each copy of the transcript that contains Confidential Material must bear (or must be modified by counsel to bear) the following legend on its cover:

         “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.”

         2. For purposes of this Order, “Confidential Material” includes the following types of documents and information:

a. information that is proprietary or constitutes a trade secret, including, without limitation, information, materials, and other documents reflecting non-public business or financial strategies and confidential competitive information that, if ...

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