1 Shaun Setareh (SBN 204514) [email protected] 2 Jose Maria D. Patino, Jr. (SBN 270194) [email protected] 3 Tyson Gibb (SBN 339154) 4 [email protected] SETAREH LAW GROUP 5 9665 Wilshire Blvd., Suite 430 Beverly Hills, CA 90212 6 Tel: (310) 888-7771 7 Fax: (310) 888-0109

8 Attorneys for Plaintiff KIKISHIA BURRUS 9

10 [Counsel for Defendants listed on the following page]

11 UNITED STATES DISTRICT COURT 12

13 CENTRAL DISTRICT OF CALIFORNIA

14 KIKISHIA BURRUS, CASE NO. 2:22-cv-09433-JLS-MAR 15

Plaintiff, 16 STIPULATED PROTECTIVE 17 vs. ORDER

18 ELEVANCE HEALTH, INC., et al.

19 Defendants. 20

21 22

23

24 1 MORGAN, LEWIS & BOCKIUS LLP Michael D. Weil, Bar No. 209056 [email protected] 2 J.P. Schreiber, Bar No. 317829 [email protected] 3 One Market Spear Street Tower 4 San Francisco, CA 94105-1596 Tel: +1.415.442.1000 5 Fax: +1.415.442.1001

MORGAN, LEWIS & BOCKIUS LLP 6 Jennifer B. Zargarof, Bar No. 204382 [email protected] 7 Anahi Cruz, Bar No. 324326 [email protected] 8 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 9 Tel: +1.213.612.2500 Fax: +1.213.612.2501 10 Attorneys for Defendants, 11 THE ELEVANCE HEALTH COMPANIES, INC. (f.k.a. The Anthem Companies, Inc.) and ELEVANCE HEALTH, INC. 12

13 14 15 16 17 18 19 20 21 22 23 24 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of 3 4 confidential, proprietary, or private information for which special protection 5 from public disclosure and from use for any purpose other than prosecuting 6 this litigation may be warranted. Accordingly, the parties hereby stipulate 7 to and petition the Court to enter the following Stipulated Protective Order. 8 The parties acknowledge that this Order does not confer blanket protections 9 10 on all disclosures or responses to discovery and that the protection it affords 11 from public disclosure and use extends only to the limited information or 12 items that are entitled to confidential treatment under the applicable legal 13 principles. The parties further acknowledge, as set forth in Section XIII(C), 14 below, that this Stipulated Protective Order does not entitle them to file 15 confidential information under seal; Civil Local Rule 79-5 sets forth the 16 17 procedures that must be followed and the standards that will be applied 18 when a party seeks permission from the Court to file material under seal. 19 II. GOOD CAUSE STATEMENT 20 A. This action is likely to involve trade secrets, employee and payroll 21 lists and other valuable research, development, commercial, financial, 22 23 technical and/or proprietary information for which special protection from 24 public disclosure and from use for any purpose other than prosecution of 1 this action is warranted. Such confidential and proprietary materials and 2 information consist of, among other things, confidential business or 3 financial information, information regarding confidential business practices, 4 or other confidential research, development, or commercial information 5 (including information implicating privacy rights of third parties), 6 7 information otherwise generally unavailable to the public, or which may be 8 privileged or otherwise protected from disclosure under state or federal 9 statutes, court rules, case decisions, or common law. Accordingly, to 10 expedite the flow of information, to facilitate the prompt resolution of 11 disputes over confidentiality of discovery materials, to adequately protect 12 13 information the parties are entitled to keep confidential, to ensure that the 14 parties are permitted reasonable necessary uses of such material in 15 preparation for and in the conduct of trial, to address their handling at the 16 end of the litigation, and serve the ends of justice, a protective order for 17 such information is justified in this matter. It is the intent of the parties that 18 information will not be designated as confidential for tactical reasons and 19 20 that nothing be so designated without a good faith belief that it has been 21 maintained in a confidential, non-public manner, and there is good cause 22 why it should not be part of the public record of this case. 23 /// 24 1 III. DEFINITIONS 2 A. Action: This pending federal law suit. 3 B. Challenging Party: A Party or Non-Party that challenges the 4 designation of information or items under this Order. 5 C. “CONFIDENTIAL” Information or Items: Information (regardless 6 7 of how it is generated, stored or maintained) or tangible things that qualify 8 for protection under Federal Rule of Civil Procedure 26(c), and as specified 9 above in the Good Cause Statement. 10 D. Counsel: Outside Counsel of Record and House Counsel (as well as 11 their support staff). 12 13 E. Designating Party: A Party or Non-Party that designates information 14 or items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 F. Disclosure or Discovery Material: All items or information, 17 regardless of the medium or manner in which it is generated, stored, or 18 maintained (including, among other things, testimony, transcripts, and 19 20 tangible things), that are produced or generated in disclosures or responses 21 to discovery in this matter. 22 23 24 1 G. Expert: A person with specialized knowledge or experience in a 2 matter pertinent to the litigation who has been retained by a Party or its 3 counsel to serve as an expert witness or as a consultant in this Action. 4 H. House Counsel: Attorneys who are employees of a party to this 5 Action. House Counsel does not include Outside Counsel of Record or any 6 7 other outside counsel. 8 I. Non-Party: Any natural person, partnership, corporation, association, 9 or other legal entity not named as a Party to this action. 10 J. Outside Counsel of Record: Attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this 12 13 Action and have appeared in this Action on behalf of that party or are 14 affiliated with a law firm which has appeared on behalf of that party, and 15 includes support staff. 16 K. Party: Any party to this Action, including all of its officers, 17 directors, employees, consultants, retained experts, and Outside Counsel of 18 Record (and their support staffs). 19 20 L. Producing Party: A Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 M. Professional Vendors: Persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing 24 1 exhibits or demonstrations, and organizing, storing, or retrieving data in any 2 form or medium) and their employees and subcontractors. 3 N. Protected Material: Any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL.” 5 O. Receiving Party: A Party that receives Disclosure or Discovery 6 7 Material from a Producing Party. 8 IV. SCOPE 9 A. The protections conferred by this Stipulation and Order cover not 10 only Protected Material (as defined above), but also (1) any information 11 copied or extracted from Protected Material; (2) all copies, excerpts, 12 13 summaries, or compilations of Protected Material; and (3) any testimony, 14 conversations, or presentations by Parties or their Counsel that might reveal 15 Protected Material. 16 B. Any use of Protected Material at trial shall be governed by the orders 17 of the trial judge. This Order does not govern the use of Protected Material at 18 trial. 19 20 V. DURATION 21 A. Once a case proceeds to trial, all of the information that was 22 designated as confidential or maintained pursuant to this Protective Order 23 becomes public and will be presumptively available to all members of the 24 1 public, including the press, unless compelling reasons supported by specific 2 factual findings to proceed otherwise are made to the trial judge in advance 3 of the trial. See Kamakana v. City and County of Honolulu,

, 4 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing 5 documents produced in discovery from “compelling reasons” standard 6 7 when merits-related documents are part of court record). Accordingly, the 8 terms of this Protective Order do not extend beyond the commencement of 9 the trial. 10 VI. DESIGNATING PROTECTED MATERIAL 11 A. Exercise of Restraint and Care in Designating Material for Protection 12 13 1. Each Party or Non-Party that designates information or items 14 for protection under this Order must take care to limit any such 15 designation to specific material that qualifies under the appropriate 16 standards. The Designating Party must designate for protection only 17 those parts of material, documents, items, or oral or written 18 communications that qualify so that other portions of the material, 19 20 documents, items, or communications for which protection is not 21 warranted are not swept unjustifiably within the ambit of this Order. 22 2. Mass, indiscriminate, or routinized designations are prohibited. 23 Designations that are shown to be clearly unjustified or that have 24 1 been made for an improper purpose (e.g., to unnecessarily encumber 2 the case development process or to impose unnecessary expenses and 3 burdens on other parties) may expose the Designating Party to 4 sanctions. 5 3. If it comes to a Designating Party’s attention that information 6 7 or items that it designated for protection do not qualify for protection, 8 that Designating Party must promptly notify all other Parties that it is 9 withdrawing the inapplicable designation. 10 B. Manner and Timing of Designations 11 1. Except as otherwise provided in this Order (see, e.g., Section 12 13 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 14 Discovery Material that qualifies for protection under this Order must 15 be clearly so designated before the material is disclosed or produced. 16 2. Designation in conformity with this Order requires the 17 following: 18 a. For information in documentary form (e.g., paper or 19 20 electronic documents, but excluding transcripts of depositions 21 or other pretrial or trial proceedings), that the Producing Party 22 affix at a minimum, the legend “CONFIDENTIAL” 23 (hereinafter “CONFIDENTIAL legend”), to each page that 24 1 contains protected material. If only a portion or portions of the 2 material on a page qualifies for protection, the Producing Party 3 also must clearly identify the protected portion(s) (e.g., by 4 making appropriate markings in the margins). 5 b. A Party or Non-Party that makes original documents 6 7 available for inspection need not designate them for protection 8 until after the inspecting Party has indicated which documents 9 it would like copied and produced. During the inspection and 10 before the designation, all of the material made available for 11 inspection shall be deemed “CONFIDENTIAL.” After the 12 13 inspecting Party has identified the documents it wants copied 14 and produced, the Producing Party must determine which 15 documents, or portions thereof, qualify for protection under 16 this Order. Then, before producing the specified documents, 17 the Producing Party must affix the “CONFIDENTIAL legend” 18 to each page that contains Protected Material. If only a portion 19 20 or portions of the material on a page qualifies for protection, 21 the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings in the 23 margins). 24 1 c. For testimony given in depositions, that the Designating 2 Party identify the Disclosure or Discovery Material on the 3 record, before the close of the deposition all protected 4 testimony. 5 d. For information produced in form other than document 6 7 and for any other tangible items, that the Producing Party affix 8 in a prominent place on the exterior of the container or 9 containers in which the information is stored the legend 10 “CONFIDENTIAL.” If only a portion or portions of the 11 information warrants protection, the Producing Party, to the 12 13 extent practicable, shall identify the protected portion(s). 14 C. Inadvertent Failure to Designate 15 1. If timely corrected, an inadvertent failure to designate qualified 16 information or items does not, standing alone, waive the Designating 17 Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must 19 20 make reasonable efforts to assure that the material is treated in 21 accordance with the provisions of this Order. 22 /// 23 /// 24 1 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 A. Timing of Challenges 3 1. Any party or Non-Party may challenge a designation of 4 confidentiality at any time that is consistent with the Court’s 5 Scheduling Order. 6 7 B. Meet and Confer 8 1. The Challenging Party shall initiate the dispute resolution 9 process under Local Rule 37.1 et seq. 10 C. The burden of persuasion in any such challenge proceeding shall be 11 on the Designating Party. Frivolous challenges, and those made for an 12 13 improper purpose (e.g., to harass or impose unnecessary expenses and 14 burdens on other parties) may expose the Challenging Party to sanctions. 15 Unless the Designating Party has waived or withdrawn the confidentiality 16 designation, all parties shall continue to afford the material in question the 17 level of protection to which it is entitled under the Producing Party’s 18 designation until the Court rules on the challenge. 19 20 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 21 A. Basic Principles 22 1. A Receiving Party may use Protected Material that is disclosed 23 or produced by another Party or by a Non-Party in connection with 24 1 this Action only for prosecuting, defending, or attempting to settle 2 this Action. Such Protected Material may be disclosed only to the 3 categories of persons and under the conditions described in this 4 Order. When the Action has been terminated, a Receiving Party must 5 comply with the provisions of Section XIV below. 6 7 2. Protected Material must be stored and maintained by a 8 Receiving Party at a location and in a secure manner that ensures that 9 access is limited to the persons authorized under this Order. 10 B. Disclosure of “CONFIDENTIAL” Information or Items 11 1. Unless otherwise ordered by the Court or permitted in writing 12 13 by the Designating Party, a Receiving Party may disclose any 14 information or item designated “CONFIDENTIAL” only to: 15 a. The Receiving Party’s Outside Counsel of Record in this 16 Action, as well as employees of said Outside Counsel of 17 Record to whom it is reasonably necessary to disclose the 18 information for this Action; 19 20 b. The officers, directors, and employees (including House 21 Counsel) of the Receiving Party to whom disclosure is 22 reasonably necessary for this Action; 23 24 1 c. Experts (as defined in this Order) of the Receiving Party 2 to whom disclosure is reasonably necessary for this Action and 3 who have signed the “Acknowledgment and Agreement to Be 4 Bound” (Exhibit A); 5 d. The Court and its personnel; 6 7 e. Court reporters and their staff; 8 f. Professional jury or trial consultants, mock jurors, and 9 Professional Vendors to whom disclosure is reasonably 10 necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to be Bound” attached as 12 13 Exhibit A hereto; 14 g. The author or recipient of a document containing the 15 information or a custodian or other person who otherwise 16 possessed or knew the information; 17 h. During their depositions, witnesses, and attorneys for 18 witnesses, in the Action to whom disclosure is reasonably 19 20 necessary provided: (i) the deposing party requests that the 21 witness sign the “Acknowledgment and Agreement to Be 22 Bound;” and (ii) they will not be permitted to keep any 23 confidential information unless they sign the 24 1 “Acknowledgment and Agreement to Be Bound,” unless 2 otherwise agreed by the Designating Party or ordered by the 3 Court. Pages of transcribed deposition testimony or exhibits to 4 depositions that reveal Protected Material may be separately 5 bound by the court reporter and may not be disclosed to 6 7 anyone except as permitted under this Stipulated Protective 8 Order; and 9 i. Any mediator or settlement officer, and their supporting 10 personnel, mutually agreed upon by any of the parties engaged 11 in settlement discussions. 12 13 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 14 PRODUCED IN OTHER LITIGATION 15 A. If a Party is served with a subpoena or a court order issued in other 16 litigation that compels disclosure of any information or items designated in 17 this Action as “CONFIDENTIAL,” that Party must: 18 1. Promptly notify in writing the Designating Party. Such 19 20 notification shall include a copy of the subpoena or court order; 21 2. Promptly notify in writing the party who caused the subpoena 22 or order to issue in the other litigation that some or all of the material 23 covered by the subpoena or order is subject to this Protective Order. 24 1 Such notification shall include a copy of this Stipulated Protective 2 Order; and 3 3. Cooperate with respect to all reasonable procedures sought to 4 be pursued by the Designating Party whose Protected Material may 5 be affected. 6 7 B. If the Designating Party timely seeks a protective order, the Party 8 served with the subpoena or court order shall not produce any information 9 designated in this action as “CONFIDENTIAL” before a determination by 10 the Court from which the subpoena or order issued, unless the Party has 11 obtained the Designating Party’s permission. The Designating Party shall 12 13 bear the burden and expense of seeking protection in that court of its 14 confidential material and nothing in these provisions should be construed as 15 authorizing or encouraging a Receiving Party in this Action to disobey a 16 lawful directive from another court. 17 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 18 PRODUCED IN THIS LITIGATION 19 20 A. The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 22 information produced by Non-Parties in connection with this litigation is 23 protected by the remedies and relief provided by this Order. Nothing in 24 1 these provisions should be construed as prohibiting a Non-Party from 2 seeking additional protections. 3 B. In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the 5 Party is subject to an agreement with the Non-Party not to produce the Non- 6 7 Party’s confidential information, then the Party shall: 8 1. Promptly notify in writing the Requesting Party and the Non- 9 Party that some or all of the information requested is subject to a 10 confidentiality agreement with a Non-Party; 11 2. Promptly provide the Non-Party with a copy of the Stipulated 12 13 Protective Order in this Action, the relevant discovery request(s), and 14 a reasonably specific description of the information requested; and 15 3. Make the information requested available for inspection by the 16 Non-Party, if requested. 17 C. If the Non-Party fails to seek a protective order from this court within 18 14 days of receiving the notice and accompanying information, the 19 20 Receiving Party may produce the Non-Party’s confidential information 21 responsive to the discovery request. If the Non-Party timely seeks a 22 protective order, the Receiving Party shall not produce any information in 23 its possession or control that is subject to the confidentiality agreement with 24 1 the Non-Party before a determination by the court. Absent a court order to 2 the contrary, the Non-Party shall bear the burden and expense of seeking 3 protection in this court of its Protected Material. 4 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 6 7 disclosed Protected Material to any person or in any circumstance not 8 authorized under this Stipulated Protective Order, the Receiving Party must 9 immediately (1) notify in writing the Designating Party of the unauthorized 10 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 11 Protected Material, (3) inform the person or persons to whom unauthorized 12 13 disclosures were made of all the terms of this Order, and (4) request such 14 person or persons to execute the “Acknowledgment and Agreement to be 15 Bound” that is attached hereto as Exhibit A. 16 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR 17 OTHERWISE PROTECTED MATERIAL 18 A. When a Producing Party gives notice to Receiving Parties that certain 19 20 inadvertently produced material is subject to a claim of privilege or other 21 protection, the obligations of the Receiving Parties are those set forth in 22 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 23 to modify whatever procedure may be established in an e-discovery order 24 1 that provides for production without prior privilege review. Pursuant to 2 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 3 agreement on the effect of disclosure of a communication or information 4 covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the Stipulated Protective Order 6 7 submitted to the Court. 8 XIII. MISCELLANEOUS 9 A. Right to Further Relief 10 1. Nothing in this Order abridges the right of any person to seek 11 its modification by the Court in the future. 12 13 B. Right to Assert Other Objections 14 1. By stipulating to the entry of this Protective Order, no Party 15 waives any right it otherwise would have to object to disclosing or 16 producing any information or item on any ground not addressed in 17 this Stipulated Protective Order. Similarly, no Party waives any right 18 to object on any ground to use in evidence of any of the material 19 20 covered by this Protective Order. 21 C. Filing Protected Material 22 1. A Party that seeks to file under seal any Protected Material 23 must comply with Civil Local Rule 79-5. Protected Material may 24 1 only be filed under seal pursuant to a court order authorizing the 2 sealing of the specific Protected Material at issue. If a Party's request 3 to file Protected Material under seal is denied by the Court, then the 4 Receiving Party may file the information in the public record unless 5 otherwise instructed by the Court. 6 7 XIV. FINAL DISPOSITION 8 A. After the final disposition of this Action, as defined in Section V, 9 within sixty (60) days of a written request by the Designating Party, each 10 Receiving Party must return all Protected Material to the Producing Party or 11 destroy such material. As used in this subdivision, “all Protected Material” 12 13 includes all copies, abstracts, compilations, summaries, and any other 14 format reproducing or capturing any of the Protected Material. Whether the 15 Protected Material is returned or destroyed, the Receiving Party must 16 submit a written certification to the Producing Party (and, if not the same 17 person or entity, to the Designating Party) by the 60 day deadline that (1) 18 identifies (by category, where appropriate) all the Protected Material that 19 20 was returned or destroyed and (2) affirms that the Receiving Party has not 21 retained any copies, abstracts, compilations, summaries or any other format 22 reproducing or capturing any of the Protected Material. Notwithstanding 23 this provision, Counsel are entitled to retain an archival copy of all 24 1 pleadings, motion papers, trial, deposition, and hearing transcripts, legal 2 memoranda, correspondence, deposition and trial exhibits, expert reports, 3 attorney work product, and consultant and expert work product, even if 4 such materials contain Protected Material. Any such archival copies that 5 contain or constitute Protected Material remain subject to this Protective 6 7 Order as set forth in Section V. 8 B. Any violation of this Order may be punished by any and all 9 appropriate measures including, without limitation, contempt proceedings 10 and/or monetary sanctions. 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12

13 Dated: June 1, 2023 SETAREH LAW GROUP 14 /s/ Jose Maria D. Patino, Jr. 15 SHAUN SETAREH JOSE MARIA D. PATINO, JR. 16 TYSON GIBB Attorneys for Plaintiff KIKISHIA BURRUS 17

18 Dated: May 31, 2023 MORGAN, LEWIS & BOCKIUS LLP 19 /s/J.P. Schreiber [authorized 5/31/2023] 20 Michael D. Weil J.P. Schreiber Jennifer B. Zargarof 21 Anahi Cruz Attorneys for Defendants 22 THE ELEVANCE HEALTH COMPANIES, INC. (f.k.a. The Anthem Companies, Inc.) 23 and ELEVANCE HEALTH, INC.

24 /// 1 |} FOR GOOD CAUSE SHOWN, IT IS SO ORDE .

3 Dated: June 27, 2023 HONORABLE MARGO A. ROCCONI 4 United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

22

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 6 7 was issue by the United States District Court for the Central District of California 8 on [DATE] in the case of Burrus v. Elevance 9 Health, INC., et al., Case No. 2:22-cv-09433-JLS-MAR. I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to 12 13 sanctions and punishment in the nature of contempt. I solemnly promise that I 14 will not disclose in any manner any information or item that is subject to this 15 Stipulated Protective Order to any person or entity except in strict compliance 16 with the provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District 18 Court for the Central District of California for the purpose of enforcing the terms 19 20 of this Stipulated Protective Order, even if such enforcement proceedings occur 21 after termination of this action. I hereby appoint 22 [print or type full name] of [print or type full 23 address and telephone number] as my California agent for service of process in 24 1 connection with this action or any proceedings related to enforcement of this 2 Stipulated Protective Order. 3 Date: 4 City and State where sworn and signed: 5 Printed Name: 6 7 Signature: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24