1 STEPHEN M. HARBER, STATE BAR #119830 AMY ARSENEAUX EVENSTAD, STATE BAR #305828 2 McCUNE & HARBER, LLP 515 South Figueroa Street, Suite 1100 3 Los Angeles, California 90071 Telephone: (213) 689-2500 4 Facsimile: (213) 689-2501 [email protected] and [email protected] 5 Attorneys for Defendant, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 6 (ERRONEOUSLY SUED AND SERVED HEREIN AS UCLA HEALTH)

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT - WESTERN DIVISION

10

11 ALAN JANOWITZ, Case No: 2:19-CV-10918 RGK (RAOX) (Complaint filed on November 21, 2019) 12 Plaintiff, DISCOVERY MATTER ASSIGNED TO 13 vs. MAGISTRATE ROZELLA A. OLIVER, COURTROOM 590, ROYBAL 14 UCLA HEALTH, and DOES 1 - 10 inclusive, STIPULATED PROTECTIVE ORDER 15 Defendants. 16

17 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 proprietary or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation may 23 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 enter the following Stipulated Protective Order. The parties acknowledge that this 25 Order does not confer blanket protections on all disclosures or responses to 26 discovery and that the protection it affords from public disclosure and use extends 27 only to the limited information or items that are entitled to confidential treatment 28 1 B. GOOD CAUSE STATEMENT This ADA action involves sensitive and confidential information pertaining to 2 Plaintiff’s medical and mental health conditions and treatment therefor, the disclosure of 3 which would compromise the privacy rights of plaintiff. The possibility of public 4 disclosure of such information would have the effect of discouraging the disclosure of 5 such information, despite the potential relevance to this litigation. 6 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 7 of disputes over confidentiality of discovery materials, to adequately protect information 8 the parties are entitled to keep confidential, to ensure that the parties are permitted 9 reasonable necessary uses of such material in preparation for and in the conduct of trial, 10 to address their handling at the end of the litigation, and serve the ends of justice, a 11 protective order for such information is justified in this matter. 12 It is the intent of the parties that information will not be designated as confidential 13 for tactical reasons and that nothing be so designated without a good faith belief that it 14 has been maintained in a confidential, non-public manner, and there is good cause why it 15 should not be part of the public record of this case. 16 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 17 The parties further acknowledge, as set forth in Section 12.3, below, that this 18 Stipulated Protective Order does not entitle them to file confidential information under 19 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 20 standards that will be applied when a party seeks permission from the court to file 21 material under seal. 22 There is a strong presumption that the public has a right of access to judicial 23 proceedings and records in civil cases. In connection with non-dispositive motions, good 24 cause must be shown to support a filing under seal. See Kamakana v. City and County of 25 Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors Corp.,

1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

, 27 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), 28 1 and a specific showing of good cause or compelling reasons with proper evidentiary support and legal justification, must be made with respect to Protected Material that a 2 party seeks to file under seal. The parties’ mere designation of Disclosure or Discovery 3 Material as CONFIDENTIAL does not— without the submission of competent evidence 4 by declaration, establishing that the material sought to be filed under seal qualifies as 5 confidential, privileged, or otherwise protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, then 7 compelling reasons, not only good cause, for the sealing must be shown, and the relief 8 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 9 v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each item or type 10 of information, document, or thing sought to be filed or introduced under seal in 11 connection with a dispositive motion or trial, the party seeking protection must articulate 12 compelling reasons, supported by specific facts and legal justification, for the requested 13 sealing order. Again, competent evidence supporting the application to file documents 14 under seal must be provided by declaration. 15 Any document that is not confidential, privileged, or otherwise protectable in its 16 entirety will not be filed under seal if the confidential portions can be redacted. If 17 documents can be redacted, then a redacted version for public viewing, omitting only the 18 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 19 Any application that seeks to file documents under seal in their entirety should include 20 an explanation of why redaction is not feasible. 21

22 2. DEFINITIONS 23 2.1 Action: ALAN JANOWITZ v. THE REGENTS OF THE UNIVERSITY OF 24 CALIFORNIA, Case No. 2:19-CV-10918 RGK (RAOX). 25 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 26 information or items under this Order. 27 /// 28 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under 2 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 3 Statement. 4 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 5 support staff). 6 2.5 Designating Party: a Party or Non-Party that designates information or 7 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 8 2.6 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced or 11 generated in disclosures or responses to discovery in this matter. 12 2.7 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 14 expert witness or as a consultant in this Action. 15 2.8 House Counsel: attorneys who are employees of a party to this Action. House 16 Counsel does not include Outside Counsel of Record or any other outside counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 that has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 27 Material in this Action. 28 1 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 3 their employees and subcontractors. 4 2.14 Protected Material: any Disclosure or Discovery Material that is designated 5 as “CONFIDENTIAL.” 6 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 7 a Producing Party. 8

9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only Protected 11 Material (as defined above), but also (1) any information copied or extracted from 12 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 13 Material; and (3) any testimony, conversations, or presentations by Parties or their 14 Counsel that might reveal Protected Material. Any use of Protected Material at trial shall 15 be governed by the orders of the trial judge. This Order does not govern the use of 16 Protected Material at trial. 17

18 4. DURATION 19 Once a case proceeds to trial, information that was designated as 20 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 21 as an exhibit at trial becomes public and will be presumptively available to all members 22 of the public, including the press, unless compelling reasons supported by specific 23 factual findings to proceed otherwise are made to the trial judge in advance of the trial. 24 See Kamakana,

(distinguishing “good cause” showing for sealing 25 documents produced in discovery from “compelling reasons” standard when merits- 26 related documents are part of court record). Accordingly, the terms of this protective 27 order do not extend beyond the commencement of the trial. 28 1 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 2 Each Party or Non-Party that designates information or items for protection under this 3 Order must take care to limit any such designation to specific material that qualifies 4 under the appropriate standards. The Designating Party must designate for protection 5 only those parts of material, documents, items or oral or written communications that 6 qualify so that other portions of the material, documents, items or communications for 7 which protection is not warranted are not swept unjustifiably within the ambit of this 8 Order. 9 Mass, indiscriminate or routinized designations are prohibited. Designations that 10 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 11 to unnecessarily encumber the case development process or to impose unnecessary 12 expenses and burdens on other parties) may expose the Designating Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must 15 promptly notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in this 17 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 18 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 19 must be clearly so designated before the material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, but 22 excluding transcripts of depositions or other pretrial or trial proceedings), that the 23 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 portion of the material on a page qualifies for protection, the Producing Party also must 26 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 27 margins). 28 1 A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which 2 documents it would like copied and produced. During the inspection and before the 3 designation, all of the material made available for inspection shall be deemed 4 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 5 copied and produced, the Producing Party must determine which documents, or portions 6 thereof, qualify for protection under this Order. Then, before producing the specified 7 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 8 that contains Protected Material. If only a portion of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 10 by making appropriate markings in the margins). 11 (b) for testimony given in depositions that the Designating Party identifies the 12 Disclosure or Discovery Material on the record, before the close of the deposition all 13 protected testimony. 14 (c) for information produced in some form other than documentary and for any 15 other tangible items, that the Producing Party affix in a prominent place on the exterior 16 of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 18 the Producing Party, to the extent practicable, shall identify the protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 20 designate qualified information or items does not, standing alone, waive the Designating 21 Party’s right to secure protection under this Order for such material. Upon timely 22 correction of a designation, the Receiving Party must make reasonable efforts to assure 23 that the material is treated in accordance with the provisions of this Order. 24

25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 27 confidentiality at any time that is consistent with the Court’s Scheduling Order. 28 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 2 6.3 The burden of persuasion in any such challenge proceeding shall be on the 3 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 4 to harass or impose unnecessary expenses and burdens on other parties) may expose the 5 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 6 the confidentiality designation, all parties shall continue to afford the material in 7 question the level of protection to which it is entitled under the Producing Party’s 8 designation until the Court rules on the challenge. 9

10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this Action 13 only for prosecuting, defending or attempting to settle this Action. Such Protected 14 Material may be disclosed only to the categories of persons and under the conditions 15 described in this Order. When the Action has been terminated, a Receiving Party must 16 comply with the provisions of section 13 below (FINAL DISPOSITION). 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 22 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 23 may disclose any information or item designated “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 25 employees of said Outside Counsel of Record to whom it is reasonably necessary to 26 disclose the information for this Action; 27 /// 28 1 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 2 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 3 reasonably necessary for this Action and who have signed the “Acknowledgment and 4 Agreement to Be Bound” (Exhibit A); 5 (d) the court and its personnel; 6 (e) court reporters and their staff; 7 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to 8 whom disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (g) the author or recipient of a document containing the information or a custodian 11 or other person who otherwise possessed or knew the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 13 to whom disclosure is reasonably necessary provided: (1) the deposing party requests 14 that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be 15 permitted to keep any confidential information unless they sign the “Acknowledgment 16 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 17 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 18 depositions that reveal Protected Material may be separately bound by the court reporter 19 and may not be disclosed to anyone except as permitted under this Stipulated Protective 20 Order; and (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22

23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 24 IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this Action as 27 “CONFIDENTIAL,” that Party must: 28 1 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order to issue 3 in the other litigation that some or all of the material covered by the subpoena or order is 4 subject to this Protective Order. Such notification shall include a copy of this Stipulated 5 Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 Designating Party whose Protected Material may be affected. If the Designating Party 8 timely seeks a protective order, the Party served with the subpoena or court order shall 9 not produce any information designated in this action as “CONFIDENTIAL” before a 10 determination by the court from which the subpoena or order issued, unless the Party has 11 obtained the Designating Party’s permission. The Designating Party shall bear the 12 burden and expense of seeking protection in that court of its confidential material and 13 nothing in these provisions should be construed as authorizing or encouraging a 14 Receiving Party in this Action to disobey a lawful directive from another court. 15

16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a Non-Party 19 in this Action and designated as “CONFIDENTIAL.” Such information produced by 20 Non-Parties in connection with this litigation is protected by the remedies and relief 21 provided by this Order. Nothing in these provisions should be construed as prohibiting a 22 Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery request, to produce a 24 Non-Party’s confidential information in its possession, and the Party is subject to an 25 agreement with the Non-Party not to produce the Non-Party’s confidential information, 26 then the Party shall: 27 (1) promptly notify in writing the Requesting Party and the Non-Party 28 1 that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 2 (2) promptly provide the Non-Party with a copy of the Stipulated 3 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 specific description of the information requested; and 5 (3) make the information requested available for inspection by the 6 Non-Party, if requested. 7 (c) If the Non-Party fails to seek a protective order from this court within 14 days 8 of receiving the notice and accompanying information, the Receiving Party may produce 9 the Non-Party’s confidential information responsive to the discovery request. If the Non- 10 Party timely seeks a protective order, the Receiving Party shall not produce any 11 information in its possession or control that is subject to the confidentiality agreement 12 with the Non-Party before a determination by the court. Absent a court order to the 13 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 14 court of its Protected Material. 15

16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 18 Protected Material to any person or in any circumstance not authorized under this 19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this Order, 23 and (d) request such person or persons to execute the “Acknowledgment and Agreement 24 to Be Bound” that is attached hereto as Exhibit A. 25 /// 26 /// 27 /// 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 2 When a Producing Party gives notice to Receiving Parties that certain 3 inadvertently produced material is subject to a claim of privilege or other protection, the 4 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 5 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 6 may be established in an e-discovery order that provides for production without prior 7 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 8 parties reach an agreement on the effect of disclosure of a communication or information 9 covered by the attorney-client privilege or work product protection, the parties may 10 incorporate their agreement in the stipulated protective order submitted to the court. 11

12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order, no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 19 to use in evidence of any of the material covered by this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 21 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 22 under seal pursuant to a court order authorizing the sealing of the specific Protected 23 Material at issue. If a Party’s request to file Protected Material under seal is denied by 24 the court, then the Receiving Party may file the information in the public record unless 25 otherwise instructed by the court. 26 /// 27 /// 28 1 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 2 days of a written request by the Designating Party, each Receiving Party must return 3 all Protected Material to the Producing Party or destroy such material. As used in 4 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 summaries, and any other format reproducing or capturing any of the Protected 6 Material. Whether the Protected Material is returned or destroyed, the Receiving 7 Party must submit a written certification to the Producing Party (and, if not the same 8 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 9 (by category, where appropriate) all the Protected Material that was returned or 10 destroyed and (2) affirms that the Receiving Party has not retained any copies, 11 abstracts, compilations, summaries or any other format reproducing or capturing any 12 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 13 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 14 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 15 reports, attorney work product, and consultant and expert work product, even if such 16 materials contain Protected Material. Any such archival copies that contain or 17 constitute Protected Material remain subject to this Protective Order as set forth in 18 Section 4 (DURATION). 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 1 || 14. VIOLATION 2 || Any violation of this Order may be punished by appropriate measures including, witho 3 || limitation, contempt proceedings and/or monetary sanctions. 4 5 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 DATED: = March 3, 2020 LAW OFFICES OF TODD M. FRIEDMAN 7 8 By:_/s/ Todd M_Friedman —___ 9 TODD M. FRIEDMAN, ESQ. Attorneys for Plaintiff, ALAN JANOWTT 10 11 DATED: = March 3, 2020 McCUNE & HARBER, LLP

13 By: STEPH . HARBER, ESQ. 14 AMY ARSENEAUX EVENSTAD 15 Attorne or Defendant, THE REGENTS OF THE UNIVERSITY OF CALIFORNI 16 (ERRONEOUSLY SUED AND □□□□□□□ HEREIN AS UCLA HEALTH) 18 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 || DATED: March 11, 2020 Reapetin QL—~ oo OOOO Hon. ROZELLA A. OLIVER 23 || United States Magistrate Judge 24 25 26 27 28 -14-

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2

3 I,__________________________, [print or type full name], of 4 ____________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 _______________in the case of ALAN JANOWITZ v. THE REGENTS OF THE 8 UNIVERSITY OF CALIFORNIA, Case No. 2:19-CV-10918 RGK (RAOX). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint ________________________________ [print or type full name] 18 of ________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. 21

22 Date: __________________________________ 23 City and State where sworn and signed: ____________________________________ 24

25 Printed name: _______________________________________ 26 27 Signature: _________________________________________ 28