Mallard-Warren v. Saint Agnes Medical Center ( 2022 )

1 LOWELL C. BROWN (SBN 108253) lowell.brown@afslaw.com 2 DIANE ROLDÁN (SBN 288224) diane.roldan@afslaw.com 3 ARENTFOX SCHIFF LLP 555 West Fifth Street, 48th Floor 4 Los Angeles, CA 90013-1065 Telephone: 213.629.7400 5 Facsimile: 213.629.7401 6 Attorneys for Defendant SAINT AGNES MEDICAL CENTER MEDICAL STAFF 7 DANIEL HOROWITZ (SBN 92400) 8 horowitz@physiciandefense.lawyer LAW OFFICE OF DANIEL HOROWITZ 9 3650 Mt. Diablo Blvd., Ste. 225 Lafayette, CA 94549 10 Telephone: (925) 283-1863 11 Attorneys for Plaintiff GAIL MALLARD-WARREN, M.D. 12 [Additional Counsel Listed on Next Page] 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 16 17 GAIL MALLARD-WARREN, M.D., Case No. 1:21−CV−01530−JLT−BAM 18 Plaintiff, STIPULATED PROTECTIVE ORDER 19 v. 20 SAINT AGNES MEDICAL CENTER, THE Courtroom: 8 MEDICAL STAFF OF SAINT AGNES Trial Date: None Set 21 MEDICAL CENTER and TRINITY HEALTH INC., NANCY HOLLINGSWORTH, and Date Action Filed: 10/15/21 22 DOES 1-100, 23 Defendants. 24 25 26 27 28 1 [Additional Counsel from Prior Page:] 2 CHARLES BOND (SBN 60611) cb@physiciansadvocates.com 3 PHYSICIANS’ ADVOCATES 2033 N. Main St., Ste. 340 4 Walnut Creek, Ca 94596 Telephone: (510) 841-7500 5 cb@physiciansadvocates.com 6 KARINA JOHNSON (SBN 243099) kjohnsonlaw@outlook.com 7 c/o PHYSICIANS ADVOCATES 2033 N. Main St., Ste. 340 8 Walnut Creek, Ca 94596 Telephone: (510) 841-7500 9 Attorneys for Plaintiff 10 GAIL MALLARD-WARREN, M.D. 11 WILLIAM C. HAHESY (SBN 105743) bill@hahesylaw.com 12 LAW OFFICES OF WILLIAM C. HAHESY 5260 N. Palm Avenue, Suite 400 13 Fresno, CA 93704 Telephone (559) 579-1230 14 Attorney for Defendants SAINT AGNES MEDICAL CENTER, TRINITY HEALTH 15 CORPORATION, erroneously sued as TRINITY HEALTH INC., AND NANCY HOLLINGSWORTH 16 17 18 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between Plaintiff, GAIL MALLARD- 2 WARREN, M.D., by and through her attorneys, and Defendants SAINT AGNES MEDICAL 3 CENTER, THE MEDICAL STAFF OF SAINT AGNES MEDICAL CENTER, TRINITY 4 HEALTH CORPORATION, and NANCY HOLLINGSWORTH, by and through their attorneys, 5 that in order to facilitate the exchange of information and documents which may be subject to 6 confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights 7 stipulate as follows: 8 1. PURPOSES AND LIMITATIONS 9 Disclosure and discovery activity in this action are likely to involve production of 10 confidential, proprietary, or private information for which special protection from public 11 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 12 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 13 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 14 all disclosures or responses to discovery and that the protection it affords from public disclosure 15 and use extends only to the limited information or items that are entitled to confidential treatment 16 under the applicable legal principles. The parties further acknowledge, as set forth in Section 17 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 18 information under seal; Local Rule 141 sets forth the procedures that must be followed and the 19 standards that will be applied when a party seeks permission from the court to file material under 20 seal. 21 2. DEFINITIONS 22 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 23 information or items under this Order. 24 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 25 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 26 of Civil Procedure 26(c). 27 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 28 well as their support staff). 1 2.4 Designating Party: a Party or Non-Party that designates information or items that it 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3 2.5 Disclosure or Discovery Material: all items or information, regardless of the 4 medium or manner in which it is generated, stored, or maintained (including, among other things, 5 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 6 responses to discovery in this matter. 7 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 8 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 9 consultant in this action. 10 2.7 House Counsel: attorneys who are employees of a party to this action. House 11 Counsel does not include Outside Counsel of Record or any other outside counsel. 12 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 13 entity not named as a Party to this action. 14 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 15 action but are retained to represent or advise a party to this action and have appeared in this action 16 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 17 2.10 Party: any party to this action, including all of its officers, directors, employees, 18 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 19 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 20 Material in this action. 21 2.12 Professional Vendors: persons or entities that provide litigation support services 22 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 23 organizing, storing, or retrieving data in any form or medium) and their employees and 24 subcontractors. 25 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 26 “CONFIDENTIAL.” 27 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 28 Producing Party. 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a 8 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 9 a result of publication not involving a violation of this Order, including becoming part of the 10 public record through trial or otherwise; and (b) any information known to the Receiving Party 11 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 12 obtained the information lawfully and under no obligation of confidentiality to the Designating 13 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 14 4. DURATION 15 Even after final disposition of this litigation, the confidentiality obligations imposed by 16 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 17 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 18 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 19 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 20 including the time limits for filing any motions or applications for extension of time pursuant to 21 applicable law. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 24 or Non-Party that designates information or items for protection under this Order must take care 25 to limit any such designation to specific material that qualifies under the appropriate standards. 26 The Designating Party must designate for protection only those parts of material, documents, 27 items, or oral or written communications that qualify – so that other portions of the material, 28 1 documents, items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 4 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 5 unnecessarily encumber or retard the case development process or to impose unnecessary 6 expenses and burdens on other parties) expose the Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it designated 8 for protection do not qualify for protection, that Designating Party must promptly notify all other 9 Parties that it is withdrawing the mistaken designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 11 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 12 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 13 designated before the material is disclosed or produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic documents, 16 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 17 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 18 portion or portions of the material on a page qualifies for protection, the Producing Party also 19 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 A Party or Non-Party that makes original documents or materials available for inspection 22 need not designate them for protection until after the inspecting Party has indicated which 23 material it would like copied and produced. During the inspection and before the designation, all 24 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 25 inspecting Party has identified the documents it wants copied and produced, the Producing Party 26 must determine which documents, or portions thereof, qualify for protection under this Order. 27 Then, before producing the specified documents, the Producing Party must affix the 28 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 1 portions of the material on a page qualifies for protection, the Producing Party also must clearly 2 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 3 (b) for testimony given in deposition or in other pretrial or trial proceedings, 4 that the Designating Party identify on the record, before the close of the deposition, hearing, or 5 other proceeding, all protected testimony. 6 (c) for information produced in some form other than documentary and for any 7 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 8 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 9 If only a portion or portions of the information or item warrant protection, the Producing Party, to 10 the extent practicable, shall identify the protected portion(s). 11 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 12 designate qualified information or items does not, standing alone, waive the Designating Party’s 13 right to secure protection under this Order for such material. Upon timely correction of a 14 designation, the Receiving Party must make reasonable efforts to assure that the material is 15 treated in accordance with the provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 18 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 19 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 20 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 21 challenge a confidentiality designation by electing not to mount a challenge promptly after the 22 original designation is disclosed. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 24 process by providing written notice of each designation it is challenging and describing the basis 25 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 26 notice must recite that the challenge to confidentiality is being made in accordance with this 27 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 28 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 1 forms of communication are not sufficient) within 14 days of the date of service of notice. In 2 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 3 designation was not proper and must give the Designating Party an opportunity to review the 4 designated material, to reconsider the circumstances, and, if no change in designation is offered, 5 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 6 stage of the challenge process only if it has engaged in this meet and confer process first or 7 establishes that the Designating Party is unwilling to participate in the meet and confer process in 8 a timely manner. 9 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 10 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 11 applicable law within 30 days of the initial notice of challenge or within 21 days of the parties 12 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each 13 such motion must be accompanied by a competent declaration affirming that the movant has 14 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by 15 the Designating Party to make such a motion including the required declaration within the 16 applicable time shall automatically waive the confidentiality designation for each challenged 17 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 18 designation at any time if there is good cause for doing so, including a challenge to the 19 designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this 20 provision must be accompanied by a competent declaration affirming that the movant has 21 complied with the meet and confer requirements imposed by the preceding paragraph. 22 The burden of persuasion in any such challenge proceeding shall be on the Designating 23 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 24 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 25 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 26 file a motion to retain confidentiality as described above, all parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the Producing Party’s 28 designation until the court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 7 DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and 9 in a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 16 Bound” that is attached hereto as Exhibit A; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 22 and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock 25 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation 26 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) during their depositions, witnesses in the action to whom disclosure is 28 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 1 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 2 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 3 separately bound by the court reporter and may not be disclosed to anyone except as permitted 4 under this Stipulated Protective Order. 5 (g) the author or recipient of a document containing the information or a 6 custodian or other person who otherwise possessed or knew the information. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 8 LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that compels 10 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 11 must: 12 (a) promptly notify in writing the Designating Party. Such notification shall 13 include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to 15 issue in the other litigation that some or all of the material covered by the subpoena or order is 16 subject to this Protective Order. Such notification shall include a copy of this Stipulated 17 Protective Order; and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by 19 the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the 21 subpoena or court order shall not produce any information designated in this action as 22 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 23 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 24 shall bear the burden and expense of seeking protection in that court of its confidential material – 25 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 26 Party in this action to disobey a lawful directive from another court. 27 / / 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 5 Parties in connection with this litigation is protected by the remedies and relief provided by this 6 Order. 7 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 8 additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is subject to an 11 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 12 Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 that some or all of the information requested is subject to a confidentiality agreement with a Non- 15 Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 18 description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party. 21 (c) If the Non-Party fails to object or seek a protective order from this court 22 within 14 days of receiving the notice and accompanying information, the Receiving Party may 23 produce the Non-Party’s confidential information responsive to the discovery request. If the Non- 24 Party timely seeks a protective order, the Receiving Party shall not produce any information in its 25 possession or control that is subject to the confidentiality agreement with the Non-Party before a 26 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 27 burden and expense of seeking protection in this court of its Protected Material. 28 / / 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 6 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 7 made of all the terms of this Order, and (d) request such person or persons to execute the 8 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain inadvertently 12 produced material is subject to a claim of privilege or other protection, the obligations of the 13 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 14 provision is not intended to modify whatever procedure may be established in an e-discovery 15 order that provides for production without prior privilege review. Pursuant to Federal Rule of 16 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 17 communication or information covered by the attorney-client privilege or work product 18 protection, the parties may incorporate their agreement in the stipulated protective order 19 submitted to the court. 20 12. MISCELLANEOUS 21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 22 seek its modification by the court in the future. 23 12.2 Right to Assert Other Objections or Retention of Rights. By stipulating to the entry 24 of this Protective Order no Party waives any right it otherwise would have to object to disclosing 25 or producing any information or item on any ground, including on any ground addressed in this 26 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in 27 evidence of any of the material covered by this Protective Order. Nothing in this stipulation 28 prevents a Party from seeking to limit production and disclosure to attorneys’ eyes only. 1 12.3 Filing Protected Material. Without written permission from the Designating Party 2 or a court order secured after appropriate notice to all interested persons, a Party may not file in 3 the public record in this action any Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 5 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 6 13. FINAL DISPOSITION 7 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 8 Receiving Party must return all Protected Material to the Producing Party or destroy such 9 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the Protected 11 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 12 submit a written certification to the Producing Party (and, if not the same person or entity, to the 13 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 14 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 15 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 17 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 18 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 19 product, and consultant and expert work product, even if such materials contain Protected 20 Material. Any such archival copies that contain or constitute Protected Material remain subject to 21 this Protective Order as set forth in Section 4 (DURATION). 22 23 [SIGNATURES ON FOLLOWING PAGE] 24 25 26 27 28 1 Dated: May 24, 2022 LAW OFFICES OF DANIEL HOROWITZ 2 3 By:/s/ DANIEL HOROWITZ* 4 DANIEL HOROWITZ Attorneys for Plaintiff 5 6 Dated: May 24, 2022 LAW OFFICES OF WILLIAM C. HAHESY 7 8 By:/s/ WILLIAM C. HAHESY* 9 WILLIAM C. HAHESY Attorney for Defendants Saint Agnes 10 Medical Center, Trinity Health Corporation, and Nancy Hollingsworth 11 12 Dated: May 24, 2022 ARENTFOX SCHIFF LLP 13 14 By:/s/ DIANE ROLDÁN 15 DIANE ROLDÁN Attorneys for Defendant the Medical Staff 16 of Saint Agnes Medical Center 17 *As approved May 24, 2022 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ___________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand 5 the Stipulated Protective Order that was issued by the United States District Court for the Eastern 6 District of California on [date] in the case of ________ [insert formal name of the case and the 7 number and initials assigned to it by the court]. I agree to comply with and to be bound by all the 8 terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions 12 of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint _________________ [print or type full name] of 17 ____________________________ [print or type full address and telephone number] as my 18 California agent for service of process in connection with this action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 21 Date: ____________________________ 22 City and State where sworn and signed: _______________________________ 23 24 Printed name: _____________________ 25 26 Signature: _______________________ 27 28 1 ORDER 2 Based on the above stipulation and finding good cause, the Court adopts the stipulated 3 protective order. The parties are advised that pursuant to the Local Rules of the United States 4 District Court, Eastern District of California, any documents subject to the protective order to be 5 filed under seal must be accompanied by a written request which complies with Local Rule 141 6 prior to sealing. The party making a request to file documents under seal shall be required to 7 show good cause for documents attached to a non-dispositive motion or compelling reasons for 8 documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 9 677-78 (9th Cir. 2009). Within five (5) days of any approved document filed under seal, the party 10 shall file a redacted copy of the sealed document. The redactions shall be narrowly tailored to 11 protect only the information that is confidential or was deemed confidential. 12 Additionally, the parties shall consider resolving any dispute arising under the protective 13 order according to the Court’s informal discovery dispute procedure. 14 IT IS SO ORDERED. 15 16 Dated: May 27, 2022 /s/ Barbara A. McAuliffe _ 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28