Hill v. Bayer HealthCare LLC, No. 3:2009cv00235 - Document 31 (N.D. Cal. 2009)

Court Description: ORDER GRANTING 30 Stipulated Protective Order. Signed by Judge Jeffrey S. White on December 18, 2009. (jswlc2, COURT STAFF) (Filed on 12/18/2009)

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Hill v. Bayer HealthCare LLC Doc. 31 Case3:09-cv-00235-JSW Document30 1 2 3 4 5 Filed12/17/09 Page1 of 13 JEROME SCHREIBSTEIN (SBN: 154051) LAW OFFICE OF JEROME SCHREIBSTEIN Embarcadero Center West 275 Battery Street, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 875-3355 Facsimile: (415) 358-9885 Attorneys for Defendant BAYER HEALTHCARE LLC 6 7 8 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN 9 11 KENNETH C. ABSALOM, State Bar No. 114607 JAMES ACHERMANN, State Bar No. 262514 LAW OFFICES OF NEVIN & ABSALOM 22 Battery Street, Suite 333 San Francisco, California 94111 Telephone: (415) 392-5040 Facsimile: (415) 392-3729 Email: kenabsalom@333law.com Attorneys for Plaintiff LAVON HILL, JR. 12 13 UNITED STATES DISTRICT COURT 14 FOR THE NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 LAVON HILL, JR. ) ) Plaintiff, ) ) vs. ) ) BAYER HEALTHCARE LLC and DOES 1-20, ) ) Defendants. ) ) ) Case No. 3:09-CV-00235 JSW STIPULATED PROTECTIVE ORDER 22 1. PURPOSES AND LIMITATIONS 23 Disclosure and discovery activity in this action are likely to involve production of 24 confidential, proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation would be 26 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 27 following Stipulated Protective Order. The parties acknowledge that this Order does not confer 28 blanket protections on all disclosures or responses to discovery and that the protection it affords -1STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Dockets.Justia.com Case3:09-cv-00235-JSW Document30 1 extends only to the limited information or items that are entitled under the applicable legal 2 principles to treatment as confidential. The parties further acknowledge, as set forth in Section 3 10, below, that this Stipulated Protective Order creates no entitlement to file confidential 4 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 5 and reflects the standards that will be applied when a party seeks permission from the court to 6 file material under seal. 7 8 9 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page2 of 13 2. DEFINITIONS 2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff). 2.2 Disclosure or Discovery Material: all items or information, regardless of 11 the medium or manner generated, stored, or maintained (including, among other things, 12 testimony, transcripts, or tangible things) that are produced or generated in disclosures or 13 responses to discovery in this matter. 14 2.3 “Confidential” Information or Items: information (regardless of how 15 generated, stored or maintained) or tangible things that qualify for protection under standards 16 developed under F.R.Civ.P. 26(c). 17 2.4 “Highly Confidential – Attorneys’ Eyes Only” Information or Items: 18 extremely sensitive “Confidential Information or Items” whose disclosure to another Party or 19 nonparty would create a substantial risk of serious injury that could not be avoided by less 20 restrictive means. 21 2.5 22 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 23 2.6 Producing Party: a Party or non-party that produces Disclosure or 24 Discovery Material in this action. 25 2.7 Designating Party: a Party or non-party that designates information or 26 items that it produces in disclosures or in responses to discovery as “Confidential” or “Highly 27 Confidential — Attorneys’ Eyes Only.” 28 2.8 Protected Material: any Disclosure or Discovery Material that is -2- BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 designated as “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.” 2 3 2.9 retained to represent or advise a Party in this action. 2.10 House Counsel: attorneys who are employees of a Party. 5 2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs). 7 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 Outside Counsel: attorneys who are not employees of a Party but who are 4 6 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page3 of 13 2.12 Expert: a person with specialized knowledge or experience in a matter 8 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 9 witness or as a consultant in this action and who is not a past or a current employee of a Party or 10 of a competitor of a Party’s and who, at the time of retention, is not anticipated to become an 11 employee of a Party or a competitor of a Party’s. This definition includes a professional jury or 12 trial consultant retained in connection with this litigation. 13 2.13 Professional Vendors: persons or entities that provide litigation support 14 services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; 15 organizing, storing, retrieving data in any form or medium; etc.) and their employees and 16 subcontractors. 17 3. 18 The protections conferred by this Stipulation and Order cover not only Protected Material SCOPE 19 (as defined above), but also any information copied or extracted therefrom, as well as all copies, 20 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 21 parties or counsel to or in court or in other settings that might reveal Protected Material. 22 4. 23 Even after the termination of this litigation, the confidentiality obligations imposed by DURATION 24 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 25 order otherwise directs. 26 27 28 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Order must -3BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 take care to limit any such designation to specific material that qualifies under the appropriate 2 standards. A Designating Party must take care to designate for protection only those parts of 3 material, documents, items, or oral or written communications that qualify – so that other 4 portions of the material, documents, items, or communications for which protection is not 5 warranted are not swept unjustifiably within the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 7 shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to 8 unnecessarily encumber or retard the case development process, or to impose unnecessary 9 expenses and burdens on other parties), expose the Designating Party to sanctions. 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page4 of 13 If it comes to a Party’s or a non-party’s attention that information or items that it 11 designated for protection do not qualify for protection at all, or do not qualify for the level of 12 protection initially asserted, that Party or non-party must promptly notify all other parties that it 13 is withdrawing the mistaken designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this 15 Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or 16 ordered, material that qualifies for protection under this Order must be clearly so designated 17 before the material is disclosed or produced. 18 19 Designation in conformity with this Order requires: (a) for information in documentary form (apart from transcripts of 20 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top 22 of each page that contains protected material. If only a portion or portions of the material on a 23 page qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each 25 portion, the level of protection being asserted (either “CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 27 28 A Party or non-party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which -4BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Case3:09-cv-00235-JSW Document30 Filed12/17/09 Page5 of 13 1 material it would like copied and produced. During the inspection and before the designation, all 2 of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 3 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 4 copied and produced, the Producing Party must determine which documents, or portions thereof, 5 qualify for protection under this Order, then, before producing the specified documents, the 6 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top of each page that contains 8 Protected Material. If only a portion or portions of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 10 making appropriate markings in the margins) and must specify, for each portion, the level of 11 protection being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY”). 13 (b) for testimony given in deposition or in other pretrial or trial 14 proceedings, that the Party or non-party offering or sponsoring the testimony identify on the 15 record, before the close of the deposition, hearing, or other proceeding, all protected testimony, 16 and further specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY.” When it is impractical to identify separately each portion of 18 testimony that is entitled to protection, and when it appears that substantial portions of the 19 testimony may qualify for protection, the Party or non-party that sponsors, offers, or gives the 20 testimony may invoke on the record (before the deposition or proceeding is concluded) a right to 21 have up to 20 days to identify the specific portions of the testimony as to which protection is 22 sought and to specify the level of protection being asserted (“CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that 24 are appropriately designated for protection within the 20 days shall be covered by the provisions 25 of this Stipulated Protective Order. 26 Transcript pages containing Protected Material must be separately bound by the court 27 reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or 28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as instructed by the Party or -5BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 nonparty offering or sponsoring the witness or presenting the testimony. 2 (c) ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 for information produced in some form other than documentary, 3 and for any other tangible items, that the Producing Party affix in a prominent place on the 4 exterior of the container or containers in which the information or item is stored the legend 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only 6 portions of the information or item warrant protection, the Producing Party, to the extent 7 practicable, shall identify the protected portions, specifying whether they qualify as 8 “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.” 9 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page6 of 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items as “Confidential” or “Highly Confidential – 11 Attorneys’ Eyes Only” does not, standing alone, waive the Designating Party’s right to secure 12 protection under this Order for such material. If material is appropriately designated as 13 “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” after the material was initially 14 produced, the Receiving Party, on timely notification of the designation, must make reasonable 15 efforts to assure that the material is treated in accordance with the provisions of this Order. 16 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s 18 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 19 economic burdens, or a later significant disruption or delay of the litigation, a Party does not 20 waive its right to challenge a confidentiality designation by electing not to mount a challenge 21 promptly after the original designation is disclosed. 22 6.2 Meet and Confer. A Party that elects to initiate a challenge to a 23 Designating Party’s confidentiality designation must do so in good faith and must begin the 24 process by conferring directly (in voice to voice dialogue; other forms of communication are not 25 sufficient) with counsel for the Designating Party. In conferring, the challenging Party must 26 explain the basis for its belief that the confidentiality designation was not proper and must give 27 the Designating Party an opportunity to review the designated material, to reconsider the 28 circumstances, and, if no change in designation is offered, to explain the basis for the chosen -6BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 designation. A challenging Party may proceed to the next stage of the challenge process only if 2 it has engaged in this meet and confer process first. 3 6.3 Judicial Intervention. A Party that elects to press a challenge to a 4 confidentiality designation after considering the justification offered by the Designating Party 5 may file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 6 79-5, if applicable) that identifies the challenged material and sets forth in detail the basis for the 7 challenge. Each such motion must be accompanied by a competent declaration that affirms that 8 the movant has complied with the meet and confer requirements imposed in the preceding 9 paragraph and that sets forth with specificity the justification for the confidentiality designation 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page7 of 13 that was given by the Designating Party in the meet and confer dialogue. 11 The burden of persuasion in any such challenge proceeding shall be on the Designating 12 Party. Until the court rules on the challenge, all parties shall continue to afford the material in 13 question the level of protection to which it is entitled under the Producing Party’s designation. 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a non-party in connection with this case only for 17 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 18 disclosed only to the categories of persons and under the conditions described in this Order. 19 When the litigation has been terminated, a Receiving Party must comply with the provisions of 20 section 11, below (FINAL DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a location and 22 in a secure manner that ensures that access is limited to the persons authorized under this Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 24 otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving 25 Party may disclose any information or item designated CONFIDENTIAL only to: 26 (a) the Receiving Party’s Outside Counsel of record in this action, as 27 well as employees of said Counsel to whom it is reasonably necessary to disclose the information 28 for this litigation and who have signed the “Agreement to Be Bound by Protective Order” that is -7BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 attached hereto as Exhibit A; 2 (b) ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 the officers, directors, and employees (including House Counsel) 3 of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who 4 have signed the “Agreement to Be Bound by Protective Order” (Exhibit A); 5 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page8 of 13 (c) experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be 7 Bound by Protective Order” (Exhibit A); 8 (d) the Court and its personnel; 9 (e) court reporters, their staffs, and professional vendors to whom 10 disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be 11 Bound by Protective Order” (Exhibit A); 12 (f) during their depositions, witnesses in the action to whom 13 disclosure is reasonably necessary and who have signed the “Agreement to Be Bound by 14 Protective Order” (Exhibit A). Pages of transcribed deposition testimony or exhibits to 15 depositions that reveal Protected Material must be separately bound by the court reporter and 16 may not be disclosed to anyone except as permitted under this Stipulated Protective Order. 17 18 19 (g) the author of the document or the original source of the information. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by 21 the Designating Party, a Receiving Party may disclose any information or item designated 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 23 (a) the Receiving Party’s Outside Counsel of record in this action, as 24 well as employees of said Counsel to whom it is reasonably necessary to disclose the information 25 for this litigation and who have signed the “Agreement to Be Bound by Protective Order” that is 26 attached hereto as Exhibit A; 27 28 (b) Experts (as defined in this Order) (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the “Agreement to Be Bound by -8BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 Protective Order” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, 2 below, have been followed]; 3 (c) the Court and its personnel; 4 (d) court reporters, their staffs, and professional vendors to whom 5 disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be 6 Bound by Protective Order” (Exhibit A); and 7 8 9 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page9 of 13 (e) the author of the document or the original source of the information. 7.4 Procedures for Approving Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to “Experts” 11 (a) Unless otherwise ordered by the court or agreed in writing by the 12 Designating Party, a Party that seeks to disclose to an “Expert” (as defined in this Order) any 13 information or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 14 EYES ONLY” first must make a written request to the Designating Party that (1) identifies the 15 specific HIGHLY CONFIDENTIAL information that the Receiving Party seeks permission to 16 disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or 17 her primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the 18 Expert’s current employer(s), (5) identifies each person or entity from whom the Expert has 19 received compensation for work in his or her areas of expertise or to whom the expert has 20 provided professional services at any time during the preceding five years, and (6) identifies (by 21 name and number of the case, filing date, and location of court) any litigation in connection with 22 which the Expert has provided any professional services during the preceding five years. 23 (b) A Party that makes a request and provides the information 24 specified in the preceding paragraph may disclose the subject Protected Material to the identified 25 Expert unless, within seven court days of delivering the request, the Party receives a written 26 objection from the Designating Party. Any such objection must set forth in detail the grounds on 27 which it is based. 28 (c) A Party that receives a timely written objection must meet and -9- BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Case3:09-cv-00235-JSW Document30 Filed12/17/09 Page10 of 13 1 confer with the Designating Party (through direct voice to voice dialogue) to try to resolve the 2 matter by agreement. If no agreement is reached, the Party seeking to make the disclosure to the 3 Expert may file a motion as provided in Civil Local Rule 7 (and in compliance with Civil Local 4 Rule 79-5, if applicable) seeking permission from the court to do so. Any such motion must 5 describe the circumstances with specificity, set forth in detail the reasons for which the 6 disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure would 7 entail and suggest any additional means that might be used to reduce that risk. In addition, any 8 such motion must be accompanied by a competent declaration in which the movant describes the 9 parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and 10 confer discussions) and sets forth the reasons advanced by the Designating Party for its refusal to 11 approve the disclosure. 12 In any such proceeding the Party opposing disclosure to the Expert shall bear the burden 13 of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 14 outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 16 17 If a Receiving Party is served with a subpoena or an order issued in other litigation that 18 would compel disclosure of any information or items designated in this action as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the 20 Receiving Party must so notify the Designating Party, in writing (by fax, if possible) 21 immediately and in no event more than three court days after receiving the subpoena or order. 22 Such notification must include a copy of the subpoena or court order. 23 The Receiving Party also must immediately inform in writing the Party who caused the 24 subpoena or order to issue in the other litigation that some or all the material covered by the 25 subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 26 deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 27 caused the subpoena or order to issue. 28 The purpose of imposing these duties is to alert the interested parties to the existence of -10BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Case3:09-cv-00235-JSW Document30 Filed12/17/09 Page11 of 13 1 this Protective Order and to afford the Designating Party in this case an opportunity to try to 2 protect its confidentiality interests in the court from which the subpoena or order issued. The 3 Designating Party shall bear the burdens and the expenses of seeking protection in that court of 4 its confidential material – and nothing in these provisions should be construed as authorizing or 5 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 6 9. 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 Material to any person or in any circumstance not authorized under this Stipulated Protective 9 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 10 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, 11 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 12 this Order, and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 10. 15 Without written permission from the Designating Party or a court order secured after FILING PROTECTED MATERIAL 16 appropriate notice to all interested persons, a Party may not file in the public record in this action 17 any Protected Material. A Party that seeks to file under seal any Protected Material must comply 18 with Civil Local Rule 79-5. 19 11. 20 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days FINAL DISPOSITION 21 after the final termination of this action, each Receiving Party must return all Protected Material 22 to the Producing Party. As used in this subdivision, “all Protected Material” includes all copies, 23 abstracts, compilations, summaries or any other form of reproducing or capturing any of the 24 Protected Material. With permission in writing from the Designating Party, the Receiving Party 25 may destroy some or all of the Protected Material instead of returning it. Whether the Protected 26 Material is returned or destroyed, the Receiving Party must submit a written certification to the 27 Producing Party (and, if not the same person or entity, to the Designating Party) by the sixty day 28 deadline that identifies (by category, where appropriate) all the Protected Material that was -11BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 1 returned or destroyed and that affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or other forms of reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 4 copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney 5 work product, even if such materials contain Protected Material. Any such archival copies that 6 contain or constitute Protected Material remain subject to this Protective Order as set forth in 7 Section 4 (DURATION), above. 8 9 10 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN Filed12/17/09 Page12 of 13 11 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 12 Protective Order no Party waives any right it otherwise would have to object to disclosing or 13 producing any information or item on any ground not addressed in this Stipulated Protective 14 Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of 15 the material covered by this Protective Order. 16 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 Dated: _12.17.09_________ _____/S/___________________________ Attorneys for Plaintiff JAMES ACHERMANN Dated: _12.17.09_______________ _____/S/____________________________ Attorneys for Defendant JEROME SCHREIBSTEIN 19 20 21 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 25 December 18, 2009 Dated: __________________ ____________________________________ Jeffrey S. White United States District Judge 26 27 28 -12- BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW) Case3:09-cv-00235-JSW Document30 Filed12/17/09 Page13 of 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 ATTORNEYS AT LAW EMBARCADERO CENTER WEST 275 BATTERY STREET, TWENTIETH FLOOR SAN FRANCISCO, CA 94111 (415) 875-3355 LAW OFFICE OF JEROME SCHREIBSTEIN 4 I, ________________________ [name], ____________________________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the Northern 7 District of California on __________________ [date] in the case of Lavon Hill, Jr. v. Bayer 8 Healthcare LLC, Case No.3:09-CV-00235 JSW. I agree to comply with and to be bound by all 9 the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 11 promise that I will not disclose in any manner any information or item that is subject to this 12 Stipulated Protective Order to any person or entity except in strict compliance with the 13 provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Northern 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 action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 Date: __________________ 22 City and State where sworn and signed: 23 Printed name: ____________________________________ [printed name] 24 25 26 Signature: ____________________________________ ____________________________________ [signature] 27 28 -13BAYER HEALTHCARE LLC’S STIPULATED PROTECTIVE ORDER (Case No. 3:09-CV-00235 JSW)

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