Thomas Mark Stafford v. Alkermes, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 THOMAS MARK STAFFORD and Case No. 2:20-cv-02472-ODW (GJS) 11 MARY STAFFORD, [PROPOSED] STIPULATED 12 PROTECTIVE ORDER Plaintiffs, 13 14 v. 15 ALKERMES, Inc.; ALKERMES, PLC; 16 ALKERMES PHARMA IRELAND Ltd; ALKERMES CONTROLLED 17 THERAPEUTICS, INC. THE CAMDEN 18 CENTER, INC.; AND DOES 1 THROUGH 100, 19 Defendants. 20 21 22 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the court 6 to enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery 8 and that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. The parties further acknowledge, as set forth in Section 11 12.3, below, that this Stipulated Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 13 that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. 15 A. Good Cause Statement 16 This is a product liability action concerning Vivitrol® (naltrexone for extended- 17 release injectable suspension), a pharmaceutical product that was approved by the 18 U.S. Food & Drug Administration (“FDA”) for the prevention of relapse to opioid 19 dependence, following opioid detoxification and when used as part of a 20 comprehensive management program that includes psychosocial support. This action 21 will necessarily involve the production of medical records concerning substance abuse 22 treatment and mental health, in addition to proprietary and confidential business 23 information. This action is likely to involve trade secrets, customer and pricing lists 24 and other valuable research, development, commercial, financial, technical and/or 25 proprietary information for which special protection from public disclosure and from 26 use for any purpose other than prosecution of this action is warranted. Such 27 confidential and proprietary materials and information consist of, among other things, 1 business practices, or other confidential research, development, or commercial 2 information (including information implicating privacy rights of third parties), 3 information otherwise generally unavailable to the public, or which may be privileged 4 or otherwise protected from disclosure under state or federal statutes, court rules, case 5 decisions, or common law. Accordingly, to expedite the flow of information, to 6 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 7 to adequately protect information the parties are entitled to keep confidential, to 8 ensure that the parties are permitted reasonable necessary uses of such material in 9 preparation for and in the conduct of trial, to address their handling at the end of the 10 litigation, and serve the ends of justice, a protective order for such information is 11 justified in this matter. It is the intent of the parties that information will not be 12 designated as confidential for tactical reasons and that nothing be so designated 13 without a good faith belief that it has been maintained in a confidential, non-public 14 manner, and there is good cause why it should not be part of the public record of this 15 case. 16 The parties agree and acknowledge that, for purposes of efficiency, documents, 17 things, and electronically-stored information produced in this Action may also be 18 used, subject to the same limitations and protections set forth herein, in Tobin v. 19 Alkermes, Inc., et al., Case No. 20-794, filed March 20, 2020 and currently pending in 20 Massachusetts Superior Court, Middlesex County. 21 B. Acknowledgement of Procedure for Filing Under Seal 22 The parties further acknowledge, as set forth in Section 12.3, below, that this 23 Stipulated Protective Order does not entitle them to file confidential information under 24 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 25 standards that will be applied when a party seeks permission from the court to file 26 material under seal. 27 There is a strong presumption that the public has a right of access to judicial 1 good cause must be shown to support a filing under seal. See Kamakana v. City and 2 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 3 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 4 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 5 cause showing), and a specific showing of good cause or compelling reasons with 6 proper evidentiary support and legal justification, must be made with respect to 7 Protected Material that a party seeks to file under seal. The parties’ mere designation 8 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 9 CONFIDENTIAL does not—without the submission of competent evidence by 10 declaration, establishing that the material sought to be filed under seal qualifies as 11 confidential, privileged, or otherwise protectable—constitute good cause. 12 Further, if a party requests sealing related to a dispositive motion or trial, then 13 compelling reasons, not only good cause, for the sealing must be shown, and the relief 14 sought shall be narrowly tailored to serve the specific interest to be protected. See 15 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 16 item or type of information, document, or thing sought to be filed or introduced under 17 seal in connection with a dispositive motion or trial, the party seeking protection must 18 articulate compelling reasons, supported by specific facts and legal justification, for 19 the requested sealing order. Again, competent evidence supporting the application to 20 file documents under seal must be provided by declaration. 21 Any document that is not confidential, privileged, or otherwise protectable in its 22 entirety will not be filed under seal if the confidential portions can be redacted. If 23 documents can be redacted, then a redacted version for public viewing, omitting only 24 the confidential, privileged, or otherwise protectable portions of the document, shall 25 be filed. Any application that seeks to file documents under seal in their entirety 26 should include an explanation of why redaction is not feasible. 27 2. DEFINITIONS 1 2.2 Challenging Party: a Party or Non-Party that challenges the designation 2 of information or items under this Order. 3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 4 how it is generated, stored or maintained) or tangible things that qualify for protection 5 under Federal Rule of Civil Procedure 26(c). 6 2.4 Counsel (without qualifier): Outside Counsel of Record and House 7 Counsel (as well as their support staff). 8 2.55 Designating Party: a Party or Non-Party that designates information or 9 items that it produces in disclosures or in responses to discovery as 10 “CONFIDENTIAL.” 11 2.6 Disclosure or Discovery Material: all items or information, regardless of 12 the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 17 expert witness or as a consultant in this action. 18 2.8 “HIGHLY CONFIDENTIAL” Information or Items: extremely sensitive 19 “Confidential Information or Items,” disclosure of which to another Party or Non- 20 Party would create a substantial risk of serious harm that could not be avoided by less 21 restrictive means. 22 2.9 House Counsel: attorneys who are employees of a party to this action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.10 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 2.11 Outside Counsel of Record: attorneys who are not employees of a party 1 appeared in this action on behalf of that party or are affiliated with a law firm which 2 has appeared on behalf of that party. 3 2.12 Party: any party to this action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their 5 support staffs). 6 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this action. 8 2.14 Professional Vendors: persons or entities that provide litigation support 9 services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 and their employees and subcontractors. 12 2.15 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 14 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 15 from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulated Protective Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or extracted 19 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 20 Protected Material; and (3) any testimony, conversations, or presentations by Parties 21 or their Counsel that might reveal Protected Material. However, the protections 22 conferred by this Stipulated Protective Order do not cover the following information: 23 (a) any information that is in the public domain at the time of disclosure to a 24 Receiving Party or becomes part of the public domain after its disclosure to a 25 Receiving Party as a result of publication not involving a violation of this Order, 26 including becoming part of the public record through trial or otherwise; and (b) any 27 information known to the Receiving Party prior to the disclosure or obtained by the 1 lawfully and under no obligation of confidentiality to the Designating Party. Any use 2 of Protected Material at trial shall be governed by a separate agreement or order. 3 Plaintiff filed this Action against Defendant on February 3, 2020. By doing so, 4 it placed Decedent’s medical condition at issue. Pursuant to a request by counsel for 5 Defendant, Plaintiff’s counsel provided Decedent’s medical records to defense 6 counsel. In the spirit of cooperation, Defendant agreed to keep Decedent’s medical 7 records produced prior to the entry of this Order confidential and further agrees that 8 the same shall be subject to the protections afforded by this Order, as entered by the 9 Court. 10 The parties acknowledge that Alkermes, Inc. is under an obligation to report 11 qualifying adverse events concerning Vivitrol® to the U.S. Food and Drug 12 Administration (“FDA”) and agree that this Stipulated Protective Order shall not 13 preclude or impede the ability or duty to report qualifying adverse events to the FDA. 14 Consistent with 45 C.F.R. § 164.512(b)(1)(iii), the parties expressly authorize and 15 consent to the use of medical records, including but not limited to the disclosure 16 and/or transmission of psychological, mental health, and/or substance abuse records, 17 in discharging its duties and obligations. 18 4. DURATION 19 FINAL DISPOSITION of the action is defined as the conclusion of any 20 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 21 has run. Except as set forth below, the terms of this protective order apply through 22 FINAL DISPOSITION of the action. The parties may stipulate that they will be 23 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 24 but will have to file a separate action for enforcement of the agreement once all 25 proceedings in this case are complete. 26 Once a case proceeds to trial, information that was designated as 27 CONFIDENTIAL, HIGHLY CONFIDENTIAL, or maintained pursuant to this 1 presumptively available to all members of the public, including the press, unless 2 compelling reasons supported by specific factual findings to proceed otherwise are 3 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 4 (distinguishing “good cause” showing for sealing documents produced in discovery 5 from “compelling reasons” standard when merits-related documents are part of court 6 record). Accordingly, for such materials, the terms of this protective order do not 7 extend beyond the commencement of the trial. Any use of Protected Material at trial 8 shall be governed by a separate agreement or order. 9 5. DESIGNATING PROTECTED MATERIAL 10 5.1 Exercise of Restraint and Care in Designating Material for Protection. 11 Each Party or Non-Party that designates information or items for protection 12 under this Order must take care to limit any such designation to specific material that 13 qualifies under the appropriate standards. The Designating Party must designate for 14 protection only those parts of material, documents, items, or oral or written 15 communications that qualify – so that other portions of the material, documents, 16 items, or communications for which protection is not warranted are not swept 17 unjustifiably within the ambit of this Order. 18 If it comes to a Designating Party’s attention that information or items that it 19 designated for protection do not qualify for protection, that Designating Party must 20 promptly notify all other Parties that it is withdrawing the mistaken designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in 22 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 24 under this Order must be clearly so designated before the material is disclosed or 25 produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 1 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL” to each page that contains protected material. If only a 3 portion or portions of the material on a page qualifies for protection, the Producing 4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 5 markings in the margins). 6 A Party or Non-Party that makes original documents or materials available for 7 inspection need not designate them for protection until after the inspecting Party has 8 indicated which material it would like copied and produced. During the inspection and 9 before the designation, all of the material made available for inspection shall be 10 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 11 it wants copied and produced, the Producing Party must determine which documents, 12 or portions thereof, qualify for protection under this Order. Then, before producing the 13 specified documents, the Producing Party must affix the “CONFIDENTIAL” or 14 “HIGHLY CONFIDENTIAL” legend to each page that contains Protected Material. If 15 only a portion or portions of the material on a page qualifies for protection, the 16 Producing Party also must clearly identify the protected portion(s) (e.g., by making 17 appropriate markings in the margins). 18 (b) for testimony given in deposition or in other pretrial or trial proceedings, 19 that the Designating Party either (a) identify on the record, before the close of the 20 deposition, hearing, or other proceeding, all protected testimony, or (b) identify in 21 writing within 10 calendar days of receipt of the certified transcript of the deposition, 22 hearing, or other proceeding, all protected testimony. 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information or item is stored the 26 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or 27 portions of the information or item warrant protection, the Producing Party, to the 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive the 3 Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37.1, et seq. 13 6.3. The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Unless the Designating Party has waived or withdrawn the 15 confidentiality designation, all parties shall continue to afford the material in question 16 the level of protection to which it is entitled under the Producing Party’s designation 17 until the Court rules on the challenge. 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this case 21 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 22 Material may be disclosed only to the categories of persons and under the conditions 23 described in this Order. When the litigation has been terminated, a Receiving Party 24 must comply with the provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 1 otherwise ordered by the Court or permitted in writing by the Designating Party, a 2 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 3 only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 5 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 6 disclose the information for this litigation; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this litigation; 9 (c) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this litigation and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff; 14 (f) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this litigation and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (g) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (h) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit A hereto; and (2) the 22 deponent, witness and attorneys for the witness will not be permitted to keep any 23 confidential information, unless otherwise agreed by the Designating Party or ordered 24 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 25 reveal Protected Material may be separately bound by the court reporter and may not 26 be disclosed to anyone except as permitted under this Stipulated Protective Order; and 27 (i) any mediator or settlement officer, and their supporting personnel, 1 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 2 Unless otherwise ordered by the Court or permitted in writing by the Designating 3 Party, a Receiving Party may disclose any information or item designed as “HIGHLY 4 CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 6 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 7 disclose the information for this litigation; 8 (b) House Counsel of the Receiving Party to whom disclosure is reasonably 9 necessary for this litigation; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this litigation and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the Court and its personnel; 14 (e) court reporters and their staff to whom disclosure is reasonably 15 necessary for this litigation and who have signed the “Acknowledgment and 16 Agreement to Be Bound” (Exhibit A); and 17 (f) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 20 OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this action as 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification shall 25 include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order to 27 issue in the other litigation that some or all of the material covered by the subpoena or 1 Stipulated Protective Order; and 2 (c) cooperate with respect to all reasonable procedures sought to be pursued 3 by the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this 6 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a 7 determination by the Court from which the subpoena or order issued, unless the Party 8 has obtained the Designating Party’s permission in writing. The Designating Party 9 shall bear the burden and expense of seeking protection in that Court of its 10 confidential material and nothing in these provisions should be construed as 11 authorizing or encouraging a Receiving Party in this action to disobey a lawful 12 directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 14 IN THIS LITIGATION 15 (a) The terms of this Order are applicable to information produced by a 16 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 17 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 18 this litigation is protected by the remedies and relief provided by this Order. Nothing 19 in these provisions should be construed as prohibiting a Non-Party from seeking 20 additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality agreement 27 with a Non-Party; 1 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 2 specific description of the information requested; and 3 (3) make the information requested available for inspection by the Non- 4 Party. 5 (c) If the Non-Party fails to object or seek a protective order from this Court 6 within 14 days of receiving the notice and accompanying information, the Receiving 7 Party may produce the Non-Party’s confidential information responsive to the 8 discovery request. If the Non-Party timely seeks a protective order, the Receiving 9 Party shall not produce any information in its possession or control that is subject to 10 the confidentiality agreement with the Non-Party before a determination by the Court. 11 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 12 of seeking protection in this court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 Protected Material to any person or in any circumstance not authorized under this 16 Stipulated Protective Order, the Receiving Party must promptly (a) notify in writing 17 the Designating Party of the unauthorized disclosures, (b) use its best efforts to 18 retrieve all unauthorized copies of the Protected Material, (c) inform the person or 19 persons to whom unauthorized disclosures were made of all the terms of this Order, 20 and (d) request such person or persons to execute the “Acknowledgment and 21 Agreement to Be Bound” that is attached hereto as Exhibit A. 22 If a data breach occurs or a Receiving Party reasonably believes a breach may 23 have occurred, Receiving Party shall immediately report such incident to the 24 Designating Party in writing, describe the Confidential or Highly Confidential 25 Information accessed without authorization, and use best efforts to return to the 26 Designating Party Confidential or Highly Confidential Information copied or 27 removed. In such event, the Receiving Party shall immediately take such actions as 1 breaches, and to address publicity regarding the breach, and in any event take such 2 actions as are required by applicable laws, including privacy laws. After notification, 3 the Receiving Party shall keep the Designating Party informed of remediation efforts. 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted to 15 the Court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 person to seek its modification by the Court in the future. 19 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. Without written permission from the 25 Designating Party or a court order secured after appropriate notice to all interested 26 persons, a Party may not file in the public record in this action any Protected Material. 27 A Party that seeks to file under seal any Protected Material must comply with Civil 1 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 2 Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that 3 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 4 entitled to protection under the law. If a Receiving Party’s request to file Protected 5 Material under seal pursuant to Civil Local Rule 79-5 is denied by the Court, then the 6 Receiving Party may file the information in the public record pursuant to Civil Local 7 Rule 79-5 unless otherwise instructed by the Court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 10 calendar days of a written request by the Designating Party, each Receiving Party 11 must return all Protected Material to the Producing Party or destroy such material. As 12 used in this subdivision, “all Protected Material” includes all copies, abstracts, 13 compilations, summaries, and any other format reproducing or capturing any of the 14 Protected Material. Whether the Protected Material is returned or destroyed, the 15 Receiving Party must submit a written certification to the Producing Party (and, if not 16 the same person or entity, to the Designating Party) by the 60 day deadline that 17 (1) identifies (by category, where appropriate) all the Protected Material that was 18 returned or destroyed and (2) affirms that the Receiving Party has not retained any 19 copies, abstracts, compilations, summaries or any other format reproducing or 20 capturing any of the Protected Material. 21 22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 23 August 6, 2020 /s/ Fabrice N. Vincen 24 DATED: ________________________ ___________________________________ Attorneys for Plaintiffs 25 26 /s/ Alexander A. Guney 27 DATED: ___A_u_g_u_s_t_ 6_,_ 2_0_2_0________ _____________________________________ Attorneys for Defendant Alkermes, Inc. 1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 || DATED: August 21, 2020 4 | a 6 , || GAIL J. STANDISH UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of 3 _________________ [print or type full address], declare under penalty of perjury 4 under the laws of the State of California that I have read in its entirety and understand 5 the Stipulated Protective Order that was issued by the United States District Court for 6 the Central District of California on [DATE] in the case of Thomas Mark Stafford, et 7 al. v. Alkermes, Inc., et al., Case No. 20-cv-02472 ODW (GJS). I agree to comply 8 with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions 10 and punishment in the nature of contempt. I solemnly promise that I will not disclose 11 in any manner any information or item that is subject to this Stipulated Protective 12 Order to any person or entity except in strict compliance with the provisions of this 13 Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Order. 22 Date: ______________________________________ 23 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 27 Signature: _______________________________