Hyatt v. Northern California Presbyterian Homes and Services Inc et al, No. 4:2008cv03265 - Document 33 (N.D. Cal. 2008)

Court Description: ORDER Granting re 32 Stipulated Protective Order filed by Northern California Presbyterian Homes and Services Inc. Signed by Judge Phyllis J. Hamiltion on 12/8/08. (fj, COURT STAFF) (Filed on 12/8/2008)
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Hyatt v. Northern California Presbyterian Homes and Services Inc et al 1 2 3 4 5 6 7 Doc. 33 HANSON BRIDGETT LLP KURT A. FRANKLIN - 172715 kfranklin@hansonbridgett.com MOLLY A. LEE - 232477 mlee@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Defendant NORTHERN CALIFORNIA PRESBYTERIAN HOMES AND SERVICES, INC. 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 LILLIAN HYATT, 13 Plaintiff, 14 15 16 17 18 No. C08-03265 PJH [PROPOSED] STIPULATED PROTECTIVE ORDER v. NORTHERN CALIFORNIA PRESBYTERIAN HOMES AND SERVICES, INC.; MORRISON MANAGEMENT SPECIALISTS, INC. D/B/A MORRISON HEALTH CARE, INC., Action Filed: Trial Date: July 7, 2008 None Set Defendants. 19 20 21 22 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 23 confidential proprietary or privileged information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation would be 25 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 26 following Stipulated Protective Order. The parties acknowledge that this Order does not 27 confer blanket protections on all disclosures or responses to discovery and that the 28 protection it affords extends only to the limited information or items that are entitled -1[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 Dockets.Justia.com 1 under the applicable legal principles to treatment as confidential or privileged. The 2 parties further acknowledge, as set forth in Section 10, below, that this Stipulated 3 Protective Order creates no entitlement to file confidential information under seal; Civil 4 Local Rule 79-5 sets forth the procedures that must be followed and reflects the 5 standards that will be applied when a party seeks permission from the court to file 6 material under seal. 7 2. 8 DEFINITIONS 2.1 employees, consultants, retained experts, and outside counsel (and their 9 support staff). 10 11 Party: any party to this action, including all of its officers, directors, 2.2 Disclosure or Discovery Material: all items or information, regardless of the 12 medium or manner generated, stored, or maintained (including, among 13 other things, testimony, transcripts, or tangible things) that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 2.3 “Confidential” Information or Items: information (regardless of how 16 generated, stored or maintained) or tangible things that qualify for 17 protection under standards developed under F.R.Civ.P. 26(c). 18 2.4 “Highly Confidential – Attorneys’ Eyes Only” Information or Items: 19 extremely sensitive “Confidential Information or Items” whose disclosure to 20 another Party or non-party would create a substantial risk of serious injury 21 that could not be avoided by less restrictive means. 22 2.5 from a Producing Party. 23 24 2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action. 25 26 Receiving Party: a Party that receives Disclosure or Discovery Material 2.7 Designating Party: a Party or non-party that designates information or 27 items that it produces in disclosures or in responses to discovery as 28 “Confidential” or “Highly Confidential — Attorneys’ Eyes Only.” -2[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 2.8 2 Protected Material: any Disclosure or Discovery Material that is designated as “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.” 3 2.9 Privileged Material: information (regardless of how generated, stored or 4 maintained) or tangible things that qualify for protection under the attorney- 5 client privilege or the attorney work product doctrine. 6 2.10 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action. 7 8 2.11 House Counsel: attorneys who are employees of a Party. 9 2.12 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs). 10 2.13 11 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to 13 serve as an expert witness or as a consultant in this action and who is not 14 a past or a current employee of a Party or of a competitor of a Party’s and 15 who, at the time of retention, is not anticipated to become an employee of a 16 Party or a competitor of a Party’s. This definition includes a professional 17 jury or trial consultant retained in connection with this litigation. 2.14 18 Professional Vendors: persons or entities that provide litigation support 19 services (e.g., photocopying; videotaping; translating; preparing exhibits or 20 demonstrations; organizing, storing, retrieving data in any form or medium; 21 etc.) and their employees and subcontractors. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected 24 Material (as defined above), but also any information copied or extracted therefrom, as 25 well as all copies, excerpts, summaries, or compilations thereof, plus testimony, 26 conversations, or presentations by parties or counsel to or in court or in other settings 27 that might reveal Protected Material. 28 -3[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 4. DURATION Even after the termination of this litigation, the confidentiality obligations imposed 2 3 by this Order shall remain in effect until a Designating Party agrees otherwise in writing 4 or a court order otherwise directs. 5 5. DESIGNATING CONFIDENTIAL PROPRIETARY INFORMAITON 6 5.1. Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or non-party that designates information or items for protection under 8 this Order must take care to limit any such designation to specific material that qualifies 9 under the appropriate standards. A Designating Party must take care to designate for 10 protection only those parts of material, documents, items, or oral or written 11 communications that qualify – so that other portions of the material, documents, items, or 12 communications for which protection is not warranted are not swept unjustifiably within 13 the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations that 15 are shown to be clearly unjustified, or that have been made for an improper purpose 16 (e.g., to unnecessarily encumber or retard the case development process, or to impose 17 unnecessary expenses and burdens on other parties), expose the Designating Party to 18 sanctions. 19 If it comes to a Party’s or a non-party’s attention that information or items that it 20 designated for protection do not qualify for protection at all, or do not qualify for the level 21 of protection initially asserted, that Party or non-party must promptly notify all other 22 parties that it is withdrawing the mistaken designation. 23 5.2. Manner and Timing of Designations. Except as otherwise provided in this 24 Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated 25 or ordered, material that qualifies for protection under this Order must be clearly so 26 designated before the material is disclosed or produced. 27 Designation in conformity with this Order requires: 28 (a) for information in documentary form (apart from transcripts of -4- [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 depositions or other pretrial or trial proceedings), that the Producing Party affix the 2 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at 3 the top of each page that contains protected material. If only a portion or portions of the 4 material on a page qualifies for protection, the Producing Party also must clearly identify 5 the protected portion(s) (e.g., by making appropriate markings in the margins) and must 6 specify, for each portion, the level of protection being asserted (either “CONFIDENTIAL” 7 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 8 A Party or non-party that makes original documents or materials available for 9 inspection need not designate them for protection until after the inspecting Party has 10 indicated which material it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be deemed 12 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has 13 identified the documents it wants copied and produced, the Producing Party must 14 determine which documents, or portions thereof, qualify for protection under this Order, 15 then, before producing the specified documents, the Producing Party must affix the 16 appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY”) at the top of each page that contains Protected Material. If only a portion 18 or portions of the material on a page qualifies for protection, the Producing Party also 19 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins) and must specify, for each portion, the level of protection being asserted (either 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 22 (b) for testimony given in deposition or in other pretrial or trial 23 proceedings, that the Party or non-party offering or sponsoring the testimony identify on 24 the record, before the close of the deposition, hearing, or other proceeding, all protected 25 testimony, and further specify any portions of the testimony that qualify as “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” When it is impractical to identify 27 separately each portion of testimony that is entitled to protection, and when it appears 28 that substantial portions of the testimony may qualify for protection, the Party or non-5[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 party that sponsors, offers, or gives the testimony may invoke on the record (before the 2 deposition or proceeding is concluded) a right to have up to 20 days to identify the 3 specific portions of the testimony as to which protection is sought and to specify the level 4 of protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 5 ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that are 6 appropriately designated for protection within the 20 days shall be covered by the 7 provisions of this Stipulated Protective Order. 8 9 Transcript pages containing Protected Material must be separately bound by the court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” 10 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as instructed by the Party 11 or non-party offering or sponsoring the witness or presenting the testimony. 12 (c) for information produced in some form other than documentary, and 13 for any other tangible items, that the Producing Party affix in a prominent place on the 14 exterior of the container or containers in which the information or item is stored the 15 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 16 If only portions of the information or item warrant protection, the Producing Party, to the 17 extent practicable, shall identify the protected portions, specifying whether they qualify 18 as “Confidential” or as “Highly Confidential — Attorneys’ Eyes Only.” 5.3. 19 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items as “Confidential” or “Highly Confidential 21 — Attorneys’ Eyes Only” does not, standing alone, waive the Designating Party’s right to 22 secure protection under this Order for such material. If material is appropriately 23 designated as “Confidential” or “Highly Confidential — Attorneys’ Eyes Only” after the 24 material was initially produced, the Receiving Party, on timely notification of the 25 designation, must make reasonable efforts to assure that the material is treated in 26 accordance with the provisions of this Order. 27 6. 28 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1. Timing of Challenges. Unless a prompt challenge to a Designating Party’s -6- [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 confidentiality designation is necessary to avoid foreseeable substantial unfairness, 2 unnecessary economic burdens, or a later significant disruption or delay of the litigation, 3 a Party does not waive its right to challenge a confidentiality designation by electing not 4 to mount a challenge promptly after the original designation is disclosed. 5 6.2. Meet and Confer. A Party that elects to initiate a challenge to a 6 Designating Party’s confidentiality designation must do so in good faith and must begin 7 the process by conferring directly (in voice to voice dialogue; other forms of 8 communication are not sufficient) with counsel for the Designating Party. In conferring, 9 the challenging Party must explain the basis for its belief that the confidentiality 10 designation was not proper and must give the Designating Party an opportunity to review 11 the designated material, to reconsider the circumstances, and, if no change in 12 designation is offered, to explain the basis for the chosen designation. A challenging 13 Party may proceed to the next stage of the challenge process only if it has engaged in 14 this meet and confer process first. 15 6.3. Judicial Intervention. A Party that elects to press a challenge to a 16 confidentiality designation after considering the justification offered by the Designating 17 Party may file and serve a motion under Civil Local Rule 7 (and in compliance with Civil 18 Local Rule 79-5, if applicable) that identifies the challenged material and sets forth in 19 detail the basis for the challenge. Each such motion must be accompanied by a 20 competent declaration that affirms that the movant has complied with the meet and 21 confer requirements imposed in the preceding paragraph and that sets forth with 22 specificity the justification for the confidentiality designation that was given by the 23 Designating Party in the meet and confer dialogue. 24 The burden of persuasion in any such challenge proceeding shall be on the 25 Designating Party. Until the court rules on the challenge, all parties shall continue to 26 afford the material in question the level of protection to which it is entitled under the 27 Producing Party’s designation. 28 -7[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 2 7. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a non-party in connection with this case 4 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 5 Material may be disclosed only to the categories of persons and under the conditions 6 described in this Order. When the litigation has been terminated, a Receiving Party 7 must comply with the provisions of section 11, below (FINAL DISPOSITION). 8 9 10 11 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 12 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 13 may disclose any information or item designated CONFIDENTIAL only to: 14 (a) the Receiving Party’s Outside Counsel of record in this action, as 15 well as employees of said Counsel to whom it is reasonably necessary to disclose the 16 information for this litigation and who have signed the “Agreement to Be Bound by 17 Protective Order” that is attached hereto as Exhibit A; 18 (b) the officers, directors, and employees (including House Counsel) of 19 the Receiving Party to whom disclosure is reasonably necessary for this litigation and 20 who have signed the “Agreement to Be Bound by Protective Order” (Exhibit A); 21 (c) experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this litigation and who have signed the 23 “Agreement to Be Bound by Protective Order” (Exhibit A); 24 (d) the Court and its personnel; 25 (e) court reporters, their staffs, and professional vendors to whom 26 disclosure is reasonably necessary for this litigation and who have signed the 27 “Agreement to Be Bound by Protective Order” (Exhibit A); 28 (f) during their depositions, witnesses in the action to whom disclosure -8- [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 is reasonably necessary and who have signed the “Agreement to Be Bound by 2 Protective Order” (Exhibit A). Pages of transcribed deposition testimony or exhibits to 3 depositions that reveal Protected Material must be separately bound by the court 4 reporter and may not be disclosed to anyone except as permitted under this Stipulated 5 Protective Order. 6 (g) 7 7.3. the author of the document or the original source of the information. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 8 Information or Items. Unless otherwise ordered by the court or permitted in writing by 9 the Designating Party, a Receiving Party may disclose any information or item 10 designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only to: (a) 11 the Receiving Party’s Outside Counsel of record in this action, as 12 well as employees of said Counsel to whom it is reasonably necessary to disclose the 13 information for this litigation and who have signed the “Agreement to Be Bound by 14 Protective Order” that is attached hereto as Exhibit A; (b) 15 Experts (as defined in this Order) (1) to whom disclosure is 16 reasonably necessary for this litigation, (2) who have signed the “Agreement to Be 17 Bound by Protective Order” (Exhibit A), [Optional: and (3) as to whom the procedures set 18 forth in paragraph 7.4, below, have been followed]; 19 (c) the Court and its personnel; 20 (d) court reporters, their staffs, and professional vendors to whom 21 disclosure is reasonably necessary for this litigation and who have signed the 22 “Agreement to Be Bound by Protective Order” (Exhibit A); and (e) 23 24 25 26 7.4. the author of the document or the original source of the information. Procedures for Approving Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” Information or Items to “Experts” (a) Unless otherwise ordered by the court or agreed in writing by the 27 Designating Party, a Party that seeks to disclose to an “Expert” (as defined in this Order) 28 any information or item that has been designated “HIGHLY CONFIDENTIAL — -9[PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 ATTORNEYS’ EYES ONLY” first must make a written request to the Designating Party 2 that (1) identifies the specific HIGHLY CONFIDENTIAL information that the Receiving 3 Party seeks permission to disclose to the Expert, (2) sets forth the full name of the 4 Expert and the city and state of his or her primary residence, (3) attaches a copy of the 5 Expert’s current resume, (4) identifies the Expert’s current employer(s), (5) identifies 6 each person or entity from whom the Expert has received compensation for work in his 7 or her areas of expertise or to whom the expert has provided professional services at 8 any time during the preceding five years, and (6) identifies (by name and number of the 9 case, filing date, and location of court) any litigation in connection with which the Expert 10 11 has provided any professional services during the preceding five years. (b) A Party that makes a request and provides the information specified 12 in the preceding paragraph may disclose the subject Protected Material to the identified 13 Expert unless, within seven court days of delivering the request, the Party receives a 14 written objection from the Designating Party. Any such objection must set forth in detail 15 the grounds on which it is based. 16 (c) A Party that receives a timely written objection must meet and 17 confer with the Designating Party (through direct voice to voice dialogue) to try to resolve 18 the matter by agreement. If no agreement is reached, the Party seeking to make the 19 disclosure to the Expert may file a motion as provided in Civil Local Rule 7 (and in 20 compliance with Civil Local Rule 79-5, if applicable) seeking permission from the court to 21 do so. Any such motion must describe the circumstances with specificity, set forth in 22 detail the reasons for which the disclosure to the Expert is reasonably necessary, assess 23 the risk of harm that the disclosure would entail and suggest any additional means that 24 might be used to reduce that risk. In addition, any such motion must be accompanied by 25 a competent declaration in which the movant describes the parties’ efforts to resolve the 26 matter by agreement (i.e., the extent and the content of the meet and confer 27 discussions) and sets forth the reasons advanced by the Designating Party for its refusal 28 to approve the disclosure. - 10 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 In any such proceeding the Party opposing disclosure to the Expert shall bear the 2 burden of proving that the risk of harm that the disclosure would entail (under the 3 safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected 4 Material to its Expert. 5 8. 6 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. If a Receiving Party is served with a subpoena or an order issued in other 7 litigation that would compel disclosure of any information or items designated in this 8 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 9 ONLY,” the Receiving Party must so notify the Designating Party, in writing (by fax, if 10 possible) immediately and in no event more than three court days after receiving the 11 subpoena or order. Such notification must include a copy of the subpoena or court order. 12 The Receiving Party also must immediately inform in writing the Party who 13 caused the subpoena or order to issue in the other litigation that some or all the material 14 covered by the subpoena or order is the subject of this Protective Order. In addition, the 15 Receiving Party must deliver a copy of this Stipulated Protective Order promptly to the 16 Party in the other action that caused the subpoena or order to issue. 17 The purpose of imposing these duties is to alert the interested parties to the 18 existence of this Protective Order and to afford the Designating Party in this case an 19 opportunity to try to protect its confidentiality interests in the court from which the 20 subpoena or order issued. The Designating Party shall bear the burdens and the 21 expenses of seeking protection in that court of its confidential material – and nothing in 22 these provisions should be construed as authorizing or encouraging a Receiving Party in 23 this action to disobey a lawful directive from another court. 24 25 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 28 - 11 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 2 all copies of the Protected Material, (c) inform the person or persons to whom 3 unauthorized disclosures were made of all the terms of this Order, and (d) request such 4 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 5 attached hereto as Exhibit A. 6 10. 7 FILING PROTECTED MATERIAL. Without written permission from the Designating Party or a court order secured 8 after appropriate notice to all interested persons, a Party may not file in the public record 9 in this action any Protected Material. A Party that seeks to file under seal any Protected 10 Material must comply with Civil Local Rule 79-5. 11 11. 12 FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the Producing Party, within sixty 13 days after the final termination of this action, each Receiving Party must return all 14 Protected Material to the Producing Party. As used in this subdivision, “all Protected 15 Material” includes all copies, abstracts, compilations, summaries or any other form of 16 reproducing or capturing any of the Protected Material. With permission in writing from 17 the Designating Party, the Receiving Party may destroy some or all of the Protected 18 Material instead of returning it. Whether the Protected Material is returned or destroyed, 19 the Receiving Party must submit a written certification to the Producing Party (and, if not 20 the same person or entity, to the Designating Party) by the sixty day deadline that 21 identifies (by category, where appropriate) all the Protected Material that was returned or 22 destroyed and that affirms that the Receiving Party has not retained any copies, 23 abstracts, compilations, summaries or other forms of reproducing or capturing any of the 24 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 25 archival copy of all pleadings, motion papers, transcripts, legal memoranda, 26 correspondence or attorney work product, even if such materials contain Protected 27 Material. Any such archival copies that contain or constitute Protected Material remain 28 subject to this Protective Order as set forth in Section 4 (DURATION), above. - 12 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 12. CLAW BACK OF PRIVILEGED INFORMATION 2 12.1. Inadvertent Disclosure. All Parties agree that any inadvertent disclosure of 3 any Privileged Material shall not result in the waiver of any associated privilege nor result 4 in a subject matter waiver of any kind. 12.2. Notice of Disclosure: All Parties agree that if they receive Privileged 5 6 Material, they will notify the Producing Party immediately. 12.3 7 8 Return of Privileged Material. All Parties agree to return any privileged material inadvertently disclosed immediately upon notice of the disclosure. 12.4. No Copies. All Parties agree that no copies will be made of the 9 10 inadvertently disclosed Privileged Materials. 11 13. 13.1. Right to Further Relief. Nothing in this Order abridges the right of any 12 13 MISCELLANEOUS person to seek its modification by the Court in the future. 13.2. Right to Assert Other Objections. By stipulating to the entry of this 14 15 Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground 18 to use in evidence of any of the material covered by this Protective Order. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 13 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: December 5, 2008 /S/ Stuart Seaborn Attorneys for Plaintiff DATED: December 5, 2008 /S/ Kurt Franklin Attorneys for Defendant Northern California Presbyterian Homes and Services, Inc. DATED: December 5, 2008 /S/ John Julius Attorneys for Defendant Morrison Health Care, Inc. 4 5 6 7 8 10 RT U O UNIT ED S 12 ISTRIC ES D TC T PURSUANT TO STIPULATION, IT IS SO ORDERED. A T 13 ERED ______________________ O ORD IT IS S The Hon. Phyllis J. Hamilton United States District Judge ilton s J. Ham i ll y h P Judge December 8, 2008 DATED: ________________ 15 NO 16 RT 17 18 19 A H ER LI 14 R NIA 11 FO 9 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 - 14 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 5 __________________________ [print or type full address], declare under penalty of 6 perjury that I have read in its entirety and understand the Stipulated Protective Order 7 that was issued by the United States District Court for the Northern District of California 8 on ______ in the case of Lillian Hyatt v. Northern California Presbyterian Homes and 9 Services, Inc., Morrison Management Specialists, Inc. d/b/a/ Morrison Health Care, Inc., 10 Case No. C08-03265 PJH. I agree to comply with and to be bound by all the terms of 11 this Stipulated Protective Order, and I understand and acknowledge that failure to so 12 comply could expose me to sanctions and punishment in the nature of contempt. I 13 solemnly promise that I will not disclose in any manner any information or item that is 14 subject to this Stipulated Protective Order to any person or entity except in strict 15 compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for 16 17 the Northern District of California for the purpose of enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of this 19 action. 20 I hereby appoint __________________________ [print or type full name] of 21 _______________________________________ [print or type full address and 22 telephone number] as my California agent for service of process in connection with this 23 action or any proceedings related to enforcement of this Stipulated Protective Order. 24 25 Date: _________________________________ 26 City and State where sworn and signed: _________________________________ 27 Printed name: ______________________________ 28 Signature: __________________________________ - 15 [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. C08-03265) 1774077.2