1 THE VELEZ LAW FIRM, P.C. MARK P. VELEZ (SBN 163484) 2 NATALYA V. GRUNWALD (SBN 265084) 3010 Lava Ridge Court, Suite 180 3 Roseville, CA 95661 Telephone: (916) 774-2720 4 Facsimile: (916) 774-2730 E-mail: [email protected] 5 Attorneys for Plaintiff 6 KYONA SANDERS

7 HANSON BRIDGETT LLP JAHMAL T. DAVIS, SBN 191504 8 [email protected] WARREN HODGES, SBN 287162 9 [email protected] 425 Market Street, 26th Floor 10 San Francisco, California 94105 Telephone: (415) 777-3200 11 Facsimile: (415) 541-9366 12 Attorneys for Defendant SUTTER VALLEY MEDICAL FOUNDATION 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 KYONA SANDERS, No. 2:23-cv-0589 TLN DB

18 Plaintiff, STIPULATED PROTECTIVE ORDER

19 v.

20 SUTTER VALLEY MEDICAL FOUNDATION, 21 Defendant. 22

23 1. PURPOSES AND LIMITATIONS. 24 Disclosure and discovery activity in this action are likely to involve production of 25 confidential, proprietary, or private information for which special protection from public disclosure 26 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 27 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 1 or responses to discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment under the 3 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 4 this Stipulated Protective Order does not entitle them to file confidential information under seal; 5 Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be 6 applied when a party seeks permission from the court to file material under seal. 7 2. DEFINITIONS. 8 2.1 Challenging Party: A Party or Non-Party that challenges the designation of 9 information or items under this Order. 10 2.2 “CONFIDENTIAL” Information or Items: Information (regardless of how it is 11 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 12 Civil Procedure 26(c). 13 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 14 as their support staff). 15 2.4 Designating Party: A Party or Non-Party that designates information or items that it 16 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 17 2.5 Disclosure or Discovery Material: All items or information, regardless of the 18 medium or manner in which it is generated, stored, or maintained (including, among other things, 19 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 20 responses to discovery in this matter. 21 2.6 Expert: A person with specialized knowledge or experience in a matter pertinent to 22 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 23 consultant in this action. 24 2.7 House Counsel: Attorneys who are employees of a party to this action. House 25 Counsel does not include Outside Counsel of Record or any other outside counsel. 26 2.8 Non-Party: Any natural person, partnership, corporation, association, or other legal 27 entity not named as a Party to this action. 1 2.9 Outside Counsel of Record: Attorneys who are not employees of a party to this 2 action but are retained to represent or advise a party to this action and have appeared in this action 3 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 4 2.10 Party: Any party to this action, including all of its officers, directors, employees, 5 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 6 2.11 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 7 Material in this action. 8 2.12 Professional Vendors: Persons or entities that provide litigation support services 9 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 10 storing, or retrieving data in any form or medium) and their employees and subcontractors. 11 2.13 Protected Material: Any Disclosure or Discovery Material that is designated as 12 “CONFIDENTIAL.” 13 2.14 Receiving Party: A Party that receives Disclosure or Discovery Material from a 14 Producing Party. 15 3. SCOPE. 16 The protections conferred by this Stipulation and Order cover not only Protected Material 17 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 18 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 19 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 20 However, the protections conferred by this Stipulation and Order do not cover the following 21 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 22 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 23 publication not involving a violation of this Order, including becoming part of the public record 24 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 25 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 26 information lawfully and under no obligation of confidentiality to the Designating Party. Any use 27 of Protected Material at trial shall be governed by a separate agreement or order. 1 4. DURATION. 2 Even after final disposition of this litigation, the confidentiality obligations imposed by this 3 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 4 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 5 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 6 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 7 time limits for filing any motions or applications for extension of time pursuant to applicable law. 8 5. DESIGNATING PROTECTED MATERIAL. 9 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 10 Non-Party that designates information or items for protection under this Order must take care to 11 limit any such designation to specific material that qualifies under the appropriate standards. The 12 Designating Party must designate for protection only those parts of material, documents, items, or 13 oral or written communications that qualify – so that other portions of the material, documents, 14 items, or communications for which protection is not warranted are not swept unjustifiably within 15 the ambit of this Order. 16 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 17 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 18 encumber or retard the case development process or to impose unnecessary expenses and burdens 19 on other parties) expose the Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it designated for 21 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 22 that it is withdrawing the mistaken designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 24 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 25 Discovery Material that qualifies for protection under this Order must be clearly so designated 26 before the material is disclosed or produced. 27 Designation in conformity with this Order requires: 1 (a) For information in documentary form (e.g., paper or electronic documents, but 2 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 3 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 4 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 6 A Party or Non-Party that makes original documents or materials available for inspection 7 need not designate them for protection until after the inspecting Party has indicated which material 8 it would like copied and produced. During the inspection and before the designation, all of the 9 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 10 Party has identified the documents it wants copied and produced, the Producing Party must 11 determine which documents, or portions thereof, qualify for protection under this Order. Then, 12 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 13 legend to each page that contains Protected Material. If only a portion or portions of the material on 14 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins). 16 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the 17 Designating Party identify on the record, before the close of the deposition, hearing, or other 18 proceeding, all protected testimony. 19 (c) For information produced in some form other than documentary and for any other 20 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 21 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 22 portion or portions of the information or item warrant protection, the Producing Party, to the extent 23 practicable, shall identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 25 designate qualified information or items does not, standing alone, waive the Designating Party’s 26 right to secure protection under this Order for such material. Upon timely correction of a 27 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 3 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 5 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 6 challenge a confidentiality designation by electing not to mount a challenge promptly after the 7 original designation is disclosed. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 9 by providing written notice of each designation it is challenging and describing the basis for each 10 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 11 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 12 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 13 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 14 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 15 Party must explain the basis for its belief that the confidentiality designation was not proper and 16 must give the Designating Party an opportunity to review the designated material, to reconsider the 17 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 18 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 19 has engaged in this meet and confer process first or establishes that the Designating Party is 20 unwilling to participate in the meet and confer process in a timely manner. 21 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 22 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 23 Local Rule 251 within 21 days of the initial notice of challenge or within 14 days of the parties 24 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each 25 such motion must be accompanied by a competent declaration affirming that the movant has 26 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the 27 Designating Party to make such a motion including the required declaration within 21 days (or 14 1 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 2 designation at any time if there is good cause for doing so, including a challenge to the designation 3 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 4 must be accompanied by a competent declaration affirming that the movant has complied with the 5 meet and confer requirements imposed by the preceding paragraph. 6 The burden of persuasion in any such challenge proceeding shall be on the Designating 7 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 8 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 9 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 10 to retain confidentiality as described above, all parties shall continue to afford the material in 11 question the level of protection to which it is entitled under the Producing Party’s designation until 12 the court rules on the challenge. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 14 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 15 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 16 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 17 the categories of persons and under the conditions described in this Order. When the litigation has 18 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 19 DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a location and in 21 a secure manner that ensures that access is limited to the persons authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 23 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 24 information or item designated “CONFIDENTIAL” only to: 25 (a) The Receiving Party’s Outside Counsel of Record in this action, as well as employees 26 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 27 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 1 (b) The officers, directors, and employees (including House Counsel) of the Receiving 2 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 5 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 6 to Be Bound” (Exhibit A); 7 (d) The court and its personnel; 8 (e) Court reporters and their staff, professional jury or trial consultants, mock jurors, and 9 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (f) During their depositions, witnesses in the action to whom disclosure is reasonably 12 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 13 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 15 bound by the court reporter and may not be disclosed to anyone except as permitted under this 16 Stipulated Protective Order; and 17 (g) The author or recipient of a document containing the information or a custodian or 18 other person who otherwise possessed or knew the information. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 20 LITIGATION. 21 If a Party is served with a subpoena or a court order issued in other litigation that compels 22 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 23 must: 24 (a) Promptly notify in writing the Designating Party. Such notification shall include a 25 copy of the subpoena or court order; 26 (b) Promptly notify in writing the party who caused the subpoena or order to issue in the 27 other litigation that some or all of the material covered by the subpoena or order is subject to this 1 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 2 Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with the subpoena 4 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 5 before a determination by the court from which the subpoena or order issued, unless the Party has 6 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 7 expense of seeking protection in that court of its confidential material – and nothing in these 8 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 9 disobey a lawful directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 11 LITIGATION. 12 (a) The terms of this Order are applicable to information produced by a Non-Party in 13 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 14 connection with this litigation is protected by the remedies and relief provided by this Order. 15 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 16 protections. 17 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 18 Party’s confidential information in its possession, and the Party is subject to an agreement with the 19 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 20 (1) Promptly notify in writing the Requesting Party and the Non-Party that some or all 21 of the information requested is subject to a confidentiality agreement with a Non-Party; 22 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective Order in 23 this litigation, the relevant discovery request(s), and a reasonably specific description of the 24 information requested; and 25 (3) Make the information requested available for inspection by the Non-Party. 26 (c) If the Non-Party fails to object or seek a protective order from this court within 14 27 days of receiving the notice and accompanying information, the Receiving Party may produce the 1 seeks a protective order, the Receiving Party shall not produce any information in its possession or 2 control that is subject to the confidentiality agreement with the Non-Party before a determination 3 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 4 of seeking protection in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 7 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 8 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 9 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 10 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 11 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 12 Be Bound” that is attached hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 14 MATERIAL. 15 When a Producing Party gives notice to Receiving Parties that certain inadvertently 16 produced material is subject to a claim of privilege or other protection, the obligations of the 17 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 18 is not intended to modify whatever procedure may be established in an e-discovery order that 19 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 20 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 21 information covered by the attorney-client privilege or work product protection, the parties may 22 incorporate their agreement in the stipulated protective order submitted to the court. 23 12. MISCELLANEOUS. 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 25 seek its modification by the court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 27 no Party waives any right it otherwise would have to object to disclosing or producing any 1 Party waives any right to object on any ground to use in evidence of any of the material covered by 2 this Protective Order. 3 12.3 Filing Protected Material. Without written permission from the Designating Party 4 or a court order secured after appropriate notice to all interested persons, a Party may not file in the 5 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 6 Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 7 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 8 to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 9 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 10 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local 11 Rule 141 is denied by the court, the Clerk will return to the Receiving Party the documents for which 12 sealing has been denied. 13 13. FINAL DISPOSITION. 14 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 15 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 16 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 18 the Protected Material is returned or destroyed, the Receiving Party must submit a written 19 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 20 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 21 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 22 abstracts, compilations, summaries or any other format reproducing or capturing any of the 23 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 24 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 25 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 26 and expert work product, even if such materials contain Protected Material. Any such archival 27 copies that contain or constitute Protected Material remain subject to this Protective Order as set 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 DATED: July 24, 2023 THE VELEZ LAW FIRM, P.C.

3

4 By: /s/ Mark P. Velez 5 MARK P. VELEZ NATALYA V. GRUNWALD 6 Attorneys for Plaintiff KYONA SANDERS

7

8 DATED: July 24, 2023 HANSON BRIDGETT LLP

9

10 By: /s/ Warren Hodges 11 JAHMAL T. DAVIS WARREN HODGES 12 Attorneys for Defendant SUTTER VALLEY MEDICAL FOUNDATION 13 14 ORDER 15 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 16 IT IS FURTHER ORDERED THAT: 17 1. Requests to seal documents shall be made by motion before the same judge who will 18 decide the matter related to that request to seal. 19 2. The designation of documents (including transcripts of testimony) as confidential 20 pursuant to this order does not automatically entitle the parties to file such a document with the court 21 under seal. Parties are advised that any request to seal documents in this district is governed by 22 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written 23 order of the court after a specific request to seal has been made. L.R. 141(a). However, a mere 24 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 25 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 26 requested duration, the identity, by name or category, of persons to be permitted access to the 27 document, and all relevant information.” L.R. 141(b). 1 3. A request to seal material must normally meet the high threshold of showing that 2 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 3 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 4 Ctr. for Auto Safety v. Chrysler Grp., LLC,

(9th Cir. 2016); Kamakana 5 v. City and County of Honolulu,

(9th Cir. 2006). 6 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 7 certain documents, at any court hearing or trial – such determinations will only be made by the court 8 at the hearing or trial, or upon an appropriate motion. 9 5. With respect to motions regarding any disputes concerning this protective order which 10 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 11 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis 12 or on shortened time. 13 6. The parties may not modify the terms of this Protective Order without the court’s 14 approval. If the parties agree to a potential modification, they shall submit a stipulation and 15 proposed order for the court’s consideration. 16 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 17 of the terms of this Protective Order after the action is terminated. 18 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 19 hereby DISAPPROVED. 20 DATED: July 31, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 1 EXHIBIT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A

2 ACKNOWLEDGMENT AND 3 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 4 The undersigned acknowledges that he/she has read the Protective Order attached hereto, 5 understands the terms thereof, and agrees to be bound by its terms. The undersigned understands 6 that the terms of the Protective Order obligate him/her to use documents designated 7 CONFIDENTIAL in accordance with the Order, and not to disclose any such documents or 8 information derived directly therefrom to any other person, firm or concern. 9 The undersigned acknowledges that violation of the Protective Order may result in penalties 10 for contempt of court. 11 _____________________________________ Printed Name 12 Date:_____________________________ _____________________________________ 13 Signature 14 15 16 17 18 19 20 21 22 23 24 25 26 27