The Regents of University of California v. Cigna Healthcare of California

          LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS, ESQ. RICHARD A. LOVICH, ESQ. (SBN 113472) KARLENE ROGERS-ABERMAN (SBN 237883) DAVID F. MASTAN, ESQ. (SBN 152109) JIN HEE PARK, ESQ. (SBN 309941) Attorneys for Plaintiff THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California constitutional corporation, on behalf of the UNIVERSITY OF CALIFORNIA, IRVINE MEDICAL CENTER

          Kenneth R. Pedroza (SBN 184906) Joshua C. Traver (SBN 229778) Alysia B. Carroll (SBN 303136) COLE PEDROZA LLP CIGNA HEALTHCARE OF CALIFORNIA and CIGNAHEALTH & LIFE INSURANCE COMPANY

          PROTECTIVE ORDER

          JUDGE AUTUMN D. SPAETH U.S. MAGISTRATE JUDGE

         Plaintiff THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California constitutional corporation, on behalf of the UNIVERSITY OF CALIFORNIA, IRVINE MEDICAL CENTER (“UCI” or “PLAINTIFF”) and Defendants CIGNA HEALTHCARE OF CALIFORNIA and CIGNAHEALTH & LIFE INSURANCE COMPANY (“DEFENDANT”) having stipulated to the matters herein, the Court hereby orders that all confidential documents or information produced in this case shall be subject to the terms and provisions that are set forth herein:

         I. Definitions

         The following definitions shall apply to this order:

         A. “Confidential Information” is information that is not in the public domain and contains employee information, financial data, or information that may reasonably be characterized by the producing party as intellectual property, a trade secret, or confidential or proprietary information, including, but not limited to, internal business communications, customer lists, price lists, pricing data, financial information, market studies, business plans, computer software and programs, and sales and marketing materials. To be considered Confidential Information, a document must be designated “Confidential” as set forth in Section III, infra.

         B. “Attorneys' Eyes Only” shall mean a subset of Confidential Information that contains, constitutes, reveals, or reflects trade secrets or highly personal information or other information of a high degree of commercial sensitivity and/or information that would provide a competitive advantage to the producing party's competitors if disclosed.

         C. “Case” shall refer to the above-captioned matter.

         D. “Confidential Health Information” shall constitute a subset of Confidential Information, and shall mean information supplied in any form, or any portion thereof, that identifies an individual or subscriber in any manner and relates to the past, present, or future care, services, or supplies relating to the physical or mental health or condition of such individual or subscriber, the provision of health care to such individual or subscriber, or the past, present, or future payment for the provision of health care to such individual or subscriber. By way of example, Confidential Health Information may be found in medical bills, claims forms, claim data, grievances or appeals, charge sheets, medical records, medical charts, test results, notes, dictation, invoices, itemized billing statements, remittance advice forms, explanations of benefits, checks, notices, and requests, as well as any summaries or compilations of the information contained in these documents, to the extent that such summaries or compilations themselves include Confidential Health Information. Confidential Health Information is intended to encompass all “protected health information” as such term is defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. part 160.103, promulgated pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”), as well as any patient health information protected by state law. Designating information as Confidential Health Information does not alleviate a party's obligation to otherwise comply with applicable privacy laws, including HIPAA.

         E. “Covered Entity” shall have the meaning as such term is defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. part 160.103, promulgated pursuant to HIPAA.

         F. “Documents” shall mean all originals, copies, and non-identical copies, however produced or reproduced, of any printed, typed, handwritten, graphic, electronic or otherwise recorded matter of whatever character, including, but not limited to, files, correspondence, contracts, agreements, memoranda, notes, forms, diaries, reports, communications, statements, transcripts, affidavits, photographs, audiotape or videotape recordings, motion pictures, email, computer files, and any other Documents and electronically stored information contemplated by California Evidence Code section 250 and California Code of Civil Procedure section 2016.020. Nothing in this definition shall be interpreted to require the parties to produce more than one copy of identical ESI or to produce the same ESI in more than one form.

         G. “Legend” as used herein shall mean a stamp or similar insignia stating “CONFIDENTIAL” or other appropriate term or terms connoting the confidentiality of the document. When any document is designated “CONFIDENTIAL” pursuant to this order, the legend shall be affixed to each page of documents produced in TIFF format and to the file name of documents produced in native format.

         H. “Producing Party” shall mean any party to the case, or any other person or entity producing documents, information, or other materials in the case, including any Covered Entity.

         I. “Parties” collectively shall mean and include Plaintiffs and Defendant.

         J. “Party” shall mean any of the parties.

         II. Scope Application of This Protective Order

This order shall govern all Documents, testimony, and other information and materials that contain Confidential Information and are produced in response to any discovery conducted by any Party to the Case. Further, this order shall govern all Documents and materials containing Confidential Information that are submitted in connection with a pleading, brief, or other Document filed in this Case, whether submitted to the Court or formally exchanged between the Parties. In addition, this order shall govern all Confidential Information produced by any Producing Party, including without limitation a Covered Entity, in response to any discovery conducted by any Party to the Case. The Parties shall be able to disclose Protected Health Information for the purpose of prosecuting or defending this action, including any appeals of this case. (See 45 C.F.R. § 164.512(e).)

         III. Confidential Information Designation Procedure

         Any Confidential Information (including Confidential Health Information) may be designated by the Designating Party as “Confidential” or “Attorneys' Eyes Only.” A Designating Party may designate Confidential Information as “Attorneys' Eyes Only” if the Designating Party believes in good faith that the Confidential Information contains, constitutes, reveals, or reflects trade secrets or highly personal information or other information of a high degree of commercial sensitivity and/or information that would provide a competitive advantage to its competitors if disclosed.

         Confidential Information will be designated as “Confidential” by the Producing Party in one or more of the following ways: (1) information contained in any Document or part thereof may be so designated by marking the word “CONFIDENTIAL” and/or “ATTORNEYS' EYES ONLY” on the Document or any copy of it delivered to the Parties or their counsel or by giving written notice to the counsel, describing the Document or part thereof either specifically or by category, as provided in Sections VII and IX of this order; and (2) a Party may designate information contained in an answer to any question asked during an oral deposition as Confidential within 30 calendar days of receipt of the deposition transcript by underlining the portions of the pages that are confidential and stamping such pages “CONFIDENTIAL” or specifying on the record at the deposition or up to thirty (30) calendar days after receiving a deposition transcript, that the entire transcript, or portions thereof, shall be treated as Confidential as provided in Section VIII of this order.

         IV. Individuals To Whom Disclosure of Confidential Information is Permitted; Conditions of Disclosure

         Confidential Information shall not be used by a Receiving Party for any purpose other than in connection with this Case. This Protective Order shall not prevent a Producing Party from disclosing its own Confidential Information to any person for any purpose.

         Except as otherwise provided in this order, a Receiving Party's disclosure of a Producing Party's Confidential Information to the following persons is permitted under the scope of this order:

         A. The Parties, including their current employees who are necessary to assist counsel in this Case; the Parties' inside counsel, if any, and employees of the Parties' inside counsel who are acting under the direction and control of ...