Fremont Emergency Services (Mandavia), Ltd. v. United Healthcare Insurance Company et al, No. 2:2019cv00832 - Document 31 (D. Nev. 2019)
Court Description: ORDER granting 30 Stipulated Protective Order; Signed by Magistrate Judge Cam Ferenbach on 10/22/2019. (Copies have been distributed pursuant to the NEF - JM)
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Fremont Emergency Services (Mandavia), Ltd. v. United Healthcare Insurance Company et al 1 2 3 4 5 6 7 PAT LUNDVALL (NSBN 3761) KRISTEN T. GALLAGHER (NSBN 9561) AMANDA M. PERACH (NSBN 12399) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 plundvall@mcdonaldcarano.com kgallagher@mcdonaldcarano.com aperach@mcdonaldcarano.com Attorneys for Plaintiff Fremont Emergency Services (Mandavia), Ltd. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 FREMONT EMERGENCY SERVICES (MANDAVIA), LTD., a Nevada professional corporation, Plaintiff, 12 13 vs. 14 UNITED HEALTHCARE INSURANCE COMPANY, a Connecticut corporation; UNITED HEALTH CARE SERVICES INC., dba UNITEDHEALTHCARE, a Minnesota corporation; UMR, INC., dba UNITED MEDICAL RESOURCES, a Delaware corporation; OXFORD HEALTH PLANS, INC., a Delaware corporation; SIERRA HEALTH AND LIFE INSURANCE COMPANY, INC., a Nevada corporation; SIERRA HEALTH-CARE OPTIONS, INC., a Nevada corporation; HEALTH PLAN OF NEVADA, INC., a Nevada corporation; DOES 1-10; ROE ENTITIES 11-20, 15 16 17 18 19 20 21 22 Doc. 31 Case No.: 2:19-cv-00832-JAD-VCF STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER Defendants. 23 Plaintiff Fremont Emergency Services (Mandavia), Ltd, (“Plaintiff”) and Defendants 24 United HealthCare Insurance Company; United HealthCare Services, Inc.; UMR, Inc.; Oxford 25 Health Plans, Inc.; Sierra Health and Life Insurance Company, Inc.; Sierra Health-Care Options, 26 Inc. and Health Plan of Nevada, Inc. (collectively “Defendants”) referred to individually as a 27 “Party” or collectively as the “Parties,” stipulate and agree as follows: 28 Dockets.Justia.com 1. 1 Scope and Applicability. Certain documents or electronically stored information 2 relevant to this litigation may contain confidential information, as described herein, the 3 disclosure of which may be prejudicial to the interests of a Party, and non-party individuals’ 4 health information deemed private under state and federal law. Such information is referred to 5 herein as “Confidential Information.” The Parties may, however, produce certain Confidential 6 Information subject to the terms of this agreement. 7 Protective Order (“Protective Order”) is applicable to the Parties, any additional parties joined in 8 this litigation, and any third parties subject to this Protective Order and/or otherwise agreeing to 9 be bound by this Protective Order. 2. 10 This Stipulated Confidentiality and Designation of Information. Any document or electronically stored information 11 produced in discovery may be designated as Confidential Information by marking it as 12 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” at the time of production. Such 13 designation shall be made at the time that copies are furnished to a party conducting discovery, 14 or when such documents are otherwise disclosed. Any such designation that is inadvertently 15 omitted during production may be corrected by prompt written notification to all counsel of 16 record. 17 a. A Party may only designate as “CONFIDENTIAL” any document or any 18 portion of a document, and any other thing, material, testimony, or other information, that it 19 reasonably and in good faith believes contains or reflects: (a) proprietary, business sensitive, or 20 confidential information; (b) information that should otherwise be subject to confidential 21 treatment pursuant to applicable federal and/or state law; or (c) Protected Health Information, 22 Patient Identifying Information, or other HIPAA-governed information. 23 b. A Party may only designate as “ATTORNEYS’ EYES ONLY” any 24 document or portion of a document, and any other thing, material, testimony, or other 25 information, that it reasonably and in good faith believes contains trade secrets or is of such 26 highly competitive or commercially sensitive proprietary and non-public information that would 27 significantly harm business advantages of the producing or designating Party and that disclosure 28 Page 2 of 13 1 of such information could reasonably be expected to be detrimental to the producing or 2 designating Party’s interests. c. 3 4 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” information and/or materials shall not include information that either: i. 5 is in the public domain at the time of disclosure through no act, or 6 failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), or 7 any other person to whom disclosure was authorized pursuant to this Protective Order, as 8 evidenced by a written document or other competent evidence; ii. 9 after disclosure, becomes part of the public domain through no act, 10 or failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), 11 or any other person to whom disclosure was authorized pursuant to this Protective Order, as 12 evidenced by a written document or other competent evidence; iii. 13 the receiving Party can show by written document or other 14 competent evidence was already known or in its rightful and lawful possession at the time of 15 disclosure; or iv. 16 lawfully comes into the recipient’s possession subsequent to the 17 time of disclosure from another source without restriction as to disclosure, provided such third 18 party has the right to make the disclosure to the receiving Party. 19 3. Designation of Depositions. The Parties may designate information disclosed at 20 a deposition as Confidential Information by indicating on the record at the deposition that a 21 specific portion of testimony, or any exhibit identified during a deposition, is so designated and 22 subject to the terms of this Protective Order or, alternatively, any Party may so designate a 23 portion of the deposition testimony or exhibit within 30 days of receipt of the deposition 24 transcript by so stating in writing to opposing counsel. If designated during the deposition, the 25 court reporter shall stamp the portions of deposition testimony or any exhibit designated as 26 containing Confidential Information as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” 27 and access thereto shall be limited as provided herein. Following any deposition, both Parties 28 agree to treat the entire deposition transcript and exhibits as “ATTORNEYS’ EYES ONLY” Page 3 of 13 1 until the 30-day window for designation following receipt of the transcript has passed. 2 Confidential Information shall not lose its character because it is used as an exhibit to a 3 deposition, regardless of whether the deposition or deposition transcript itself is later designated, 4 in whole or part, as “CONFIDENTIAL INFORMATION” or “ATTORNEYS’ EYES ONLY.” 5 Documents or information designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES 6 ONLY” may be used or disclosed in a deposition and marked as deposition exhibits; the Parties 7 agree that, with the exception of the witness and court reporter, the only persons permitted under 8 this Protective Order to be present during the disclosure or use of designated documents or 9 information during a deposition, whether “CONFIDENTIAL” pursuant to paragraph 10 or 10 “ATTORNEYS’ EYES ONLY” pursuant to paragraph 11, as applicable, are those permitted 11 pursuant to the terms of this Protective Order to review the information or material sought to be 12 used. Absent an agreement between the Parties, if all persons present at the deposition are not 13 permitted under this Protective Order to review the information or material sought to be used, 14 any person not so permitted shall be instructed by the designating party to leave the room during 15 the period(s) in which the “CONFIDENTIAL” and/or “ATTORNEYS’ EYES ONLY” 16 documents or information is being used and/or discussed, to the extent reasonably possible. 17 During the course of a deposition, counsel may anticipate such disclosure and designate in 18 advance certain deposition exhibits, deposition testimony and portions of any deposition 19 transcript as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 20 4. In advance of a hearing in this matter, the Parties also agree to confer in good 21 faith to reach an agreement regarding the appropriate protections in the event one or both parties 22 seek to use “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” documents or information at 23 the hearing. Nothing in this Order shall limit a Party’s ability to use its own documents or 24 information, however designated, at a hearing in this litigation or in any other proceeding, 25 subject to the court’s determination of the admissibility of the documents or information. 26 5. Protected Health Information. Additionally, certain Confidential Information may 27 be Protected Health Information (“PHI”) as defined by the Health Insurance Portability and 28 Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder at 45 CFR Page 4 of 13 1 160.103. Without limiting the generality of the foregoing, “PHI” includes, but is not limited to, 2 health information, including demographic information, relating to either, (a) the past, present or 3 future physical or mental condition of an individual, (b) the provision of care to an individual, or 4 (c) the payment for care provided to an individual, which identifies the individual or which 5 reasonably could be expected to identify an individual. All “covered entities” (as defined by 45 6 CFR 160.103) are hereby authorized to disclose PHI to all attorneys in this litigation. Subject to 7 the rules of procedure governing this litigation, and without prejudice to any Party’s objection 8 except as otherwise provided herein, the Parties are authorized to receive, subpoena, transmit, or 9 disclose PHI relevant to the medical claims at issue in this litigation, subject to all terms of this 10 Protective Order. All PHI disclosed under this Protective Order must be designated as 11 Confidential Information under paragraphs 2 and 3 above. 12 information produced in this litigation have already been exchanged or will again be exchanged 13 between the Parties in the normal course of business, treatment of such documents prior to or 14 after the conclusion of this litigation shall be governed by each Party’s legal obligations. 15 6. To the extent documents or Specific Provisions Concerning Disclosure of PHI. When PHI is disclosed 16 between the Parties as authorized by this Protective Order, the names, dates of birth and Social 17 Security numbers of any individuals whose medical claims are not at issue in this lawsuit and 18 who are otherwise identified in the PHI may be redacted to protect the identity of the patients, if 19 the disclosing Party believes that is warranted under the particular circumstances. Upon receipt 20 of any PHI disclosed between the Parties during the course of this litigation, the receiving Party 21 shall take all reasonable measures necessary for protecting the PHI from unauthorized disclosure 22 as required under both state and federal law including, but not limited to, HIPAA. Such 23 measures may include filing PHI under seal and redacting patient names, dates of birth and 24 Social Security numbers from documents containing PHI. 25 7. Non-Waiver of Privilege. The production of documents and information shall 26 not constitute a waiver in this litigation, or any other litigation, matter or proceeding, of any 27 privilege (including, but not limited to, the attorney-client privilege, attorney work product 28 privilege or common defense privilege) applicable to the produced materials or for any other Page 5 of 13 1 privileged or protected materials containing the same or similar subject matter. The fact of 2 production of privileged information or documents by any producing Party in this litigation shall 3 not be used as a basis for arguing that a claim of privilege of any kind has been waived in any 4 other proceeding. Without limiting the foregoing, this Protective Order shall not affect the 5 Parties’ legal rights to assert privilege claims over documents in any other proceeding. 6 8. Burden of Proof and Challenges to Confidential Information. The party 7 designating information as Confidential Information bears the burden of establishing 8 confidentiality. Nothing in this Protective Order shall constitute a waiver of any Party’s right to 9 object to the designation or non-designation of a particular document as “CONFIDENTIAL” or 10 “ATTORNEYS’ EYES ONLY.” If a Party contends that any document has been erroneously or 11 improperly designated or not designated Confidential or Attorneys’ Eyes Only, the document at 12 issue shall be treated as Confidential or Attorneys’ Eyes Only under this Protective Order until 13 (a) the Parties reach a written agreement or (b) the court issues an order ruling on the 14 designation. In the event that a Party disagrees with a Party’s designation of any document or 15 information as Confidential or Attorneys’ Eyes Only, the objecting Party shall advise counsel 16 for the designating Party, in writing, of the objection and identify the document or item with 17 sufficient specificity to permit identification. Within seven (7) days of receiving the objection, 18 the designating Party shall advise whether the designating Party will change the designation of 19 the document or item. If this cannot be resolved between the Parties, after the expiration of 20 seven (7) days following the service of an objection, but within twenty-one (21) days of service 21 of the written objection, the objecting Party may make a motion to the court seeking to remove 22 the confidentiality designation. It shall be the burden of the designating party to show why such 23 information is entitled to confidential treatment. The protection afforded by this Protective 24 Order shall continue until the court makes a decision on the motion. Failure of the objecting 25 Party to file a motion within the 21-day period shall be deemed a waiver of that Party’s 26 objection to the confidentiality designation set forth in the written objection. 27 28 9. Limitations on Designation of Confidential Information as Attorneys' Eyes Only. Nothing shall be designated as Attorneys' Eyes Only information except information of a Page 6 of 13 1 sensitive nature which, if disclosed to persons of expertise in the area, would reveal significant 2 proprietary, financial or trade secret information, or non-public information that would 3 significantly harm business advantages of the producing or designating Party, and which 4 includes subject matter which is believed to be unknown to the opposing Party or Parties, or any 5 of the employees or representatives of the Parties. Information concerning third party pricing 6 and/or reimbursement rates (i.e., reimbursement rates that providers other than Plaintiff have 7 charged or accepted and that insurers and payors other than Defendant have paid for emergency 8 medicine services claims) shall be designated as “ATTORNEYS' EYES ONLY” and subject to 9 the restrictions imposed in paragraph 11. 10 10. Restrictions on Disclosure. All Confidential Information, including PHI, other 11 than Confidential Information designated as Attorneys’ Eyes Only, produced or disclosed by 12 either Party in this litigation shall be subject to the following: a. 13 such documents, information, and things shall be used only in this 14 litigation and not for any other purpose whatsoever, except to the extent any documents, 15 information, and things are exchanged in the normal course of business between the Parties and 16 such exchange is more appropriately governed by the course of conduct observed between the 17 Parties, the course of conduct shall control; b. 18 such documents, information, and things shall not be shown or 19 communicated in any way inconsistent with this Protective Order or to anyone other than 20 “Qualified Persons,” defined below, which persons receiving Confidential Information shall not 21 make further disclosure to anyone except as allowed by this Protective Order; and c. 22 23 24 no one except Qualified Persons identified in paragraph 12 shall be provided copies of any Confidential Information. 11. Restrictions on Disclosure of Confidential Information Designated as Attorneys’ 25 Eyes Only. 26 produced or disclosed by either Party in this litigation shall be subject to the following 27 restrictions: 28 a. All Confidential Information designated as “ATTORNEYS’ EYES ONLY,” such documents, information and things shall be used only in this litigation; Page 7 of 13 1 b. such documents, information and things shall not be shown or communicated to 2 anyone other than Qualified Persons identified in paragraphs 12(a), 12(b), 12(d), 12(e), 12(f) , 3 12(g), 12(h) and (12)(i) below, which persons receiving Confidential Information designated as 4 Attorneys’ Eyes Only shall not make further disclosure to anyone except as allowed by this 5 Protective Order; 6 c. such documents, information and things shall be maintained only at the offices of 7 such Qualified Persons identified in paragraphs 12(a), 12(b), 12(d), 12(e), 12(f) , 12(g), 12(h) 8 and (12)(i) and only working copies shall be made of such documents; and 9 d. no one except Qualified Persons identified in paragraphs 12(a), 12(b), 12(d), 10 12(e), 12(f) , 12(g), 12(h) and (12)(i) shall be provided copies of any Confidential Information 11 designated as Attorneys’ Eyes Only. 12 13 14 15 12. Qualified Persons. “Qualified Persons” means: a. The court, court officials and authorized court personnel, jurors, stenographic reporters, and videographers at depositions taken in this action; b. counsel of record for the Parties (including partners, associates, 16 paralegals, employees and persons working at the law firms of the Parties’ respective counsel), 17 in-house counsel and contract attorneys retained by counsel for the Parties to provide services in 18 connection with this litigation; 19 c. if the Party is an entity, current officers or employees of the Party; 20 d. third parties retained by counsel for a Party or by a Party as consulting 21 22 experts or testifying expert witnesses; e. with respect to a specific document, the document’s author, addressee, or 23 intended or authorized recipient of the Confidential Information and who agrees to keep the 24 information confidential, provided that such persons may see and use the Confidential 25 information but not retain a copy; 26 f. nonparties to whom Confidential information belongs or concerns; 27 g. witnesses who are appearing for deposition or other testimony in this case 28 voluntarily or pursuant to a validly issued subpoena; and; Page 8 of 13 h. 1 2 a mediator or other settlement judge selected or agreed-upon by the Parties in connection with any attempted resolution of the litigation; i. 3 Clerical or ministerial service providers, including outside copying 4 services, litigation support personnel, or other independent third parties retained by counsel for 5 the Parties to provide services in connection with this litigation; 6 j. if the Party is an entity, former officers or employees of the Party; or 7 k. any other person by order of the court after notice to all Parties and 8 opportunity to be heard, or as agreed between the Parties, except that the PHI shall only be 9 disclosed in accordance with this Protective Order or further order of the court. 10 13. Acknowledgment. Any Qualified Person identified in paragraph 12(d)–(k) to 11 whom the opposing Party’s Confidential Information is shown or to whom information 12 contained in such materials is to be revealed shall first be required to execute the attached 13 Acknowledgement and Agreement To Be Bound To Stipulated Confidentiality Agreement And 14 Protective Order (the “Acknowledgement”), the form of which is attached hereto as “Exhibit A” 15 and to be bound by the terms of this Protective Order. As to each person to whom any 16 Confidential Information is disclosed pursuant to the Acknowledgement and this Protective 17 Order, such information may be used only for purposes of this litigation and may not be used for 18 any other purpose. 19 14. Conclusion of the Litigation. Upon conclusion of this Litigation, whether by 20 judgment, settlement, or otherwise, counsel of record and each Party, person, and entity who 21 obtained Confidential Information or information claimed to be confidential shall assemble and 22 return to the producing Party all materials that reveal or tend to reveal information designated as 23 Confidential Information, except all such materials constituting work product of counsel. In the 24 alternative, all such materials may be destroyed, with written certification of destruction or 25 deletion provided to the producing Party, except that a Party may retain Confidential 26 Information generated by it, unless such Confidential Information incorporates the Confidential 27 Information of another Party in which case all such Confidential Information shall be destroyed 28 or deleted. No originals or copies of any such Confidential Information will be retained by any Page 9 of 13 1 person or entity to whom disclosure was made. However, counsel of record and Designated In- 2 house Counsel for the Parties are permitted to retain copies of all pleadings, motions, 3 depositions and hearing transcripts (and exhibits thereto), exhibits, and attorney work product 4 that contain Confidential Information (other than PHI) consistent with his or her ordinary file 5 management and/or document retention policies and/or those of his or her firm. In doing so, 6 retaining Party agrees to execute an agreement that all such documents will be quarantined for 7 record retention only and not for use in other matters involving the Parties or with any other 8 client or shared outside of the organization. 15. 9 Equal Application. This Protective Order may be applied equally to information 10 obtained by a producer in response to any subpoena, including, in particular, information 11 produced by non-parties. Any non-party that designates any information as "Confidential" or 12 "Attorneys' Eyes Only" pursuant to this Protective Order may agree to submit to the Court's 13 jurisdiction with regard to the determination of disputes involving such designations. 16. 14 List of Names. All counsel shall maintain a list of the names of all third parties 15 that are not parties to the underlying litigation to whom disclosure of Confidential Information 16 or Attorneys' Eyes Only information was made. 17. 17 Retroactive Designation. Confidential Information previously produced before 18 the entry of this Order, if any, may be retroactively designated as "CONFIDENTIAL" or 19 "ATTORNEYS' EYES ONLY" and subject to this Protective Order by notice in writing of the 20 designated class of each document by Bates number within thirty (30) days of the entry of this 21 Order. 22 18. Inadvertent Production or Disclosure of Confidential Information. In the event 23 that a Party inadvertently produces Confidential Information, without the required 24 “CONFIDENTIAL” legend, or Attorneys’ Eyes Only information, without the required or 25 “ATTORNEYS’ EYES ONLY” legend, the producing Party shall contact the receiving Party as 26 promptly as reasonably possible after the discovery of the inadvertent production, and inform 27 the receiving Party in writing of the inadvertent production and the specific material at issue. 28 Such inadvertent or unintentional disclosure shall not be deemed a waiver in whole or in part of Page 10 of 13 1 the producing Party’s claim of confidentiality, either as to specific documents and information 2 disclosed or on the same or related subject matter. Upon receipt of such notice, the receiving 3 Party or Parties shall treat the material identified in the notice as Confidential or Attorneys’ Eyes 4 Only under this Protective Order, subject to the provisions in paragraph 8 regarding any 5 challenges. 6 19. Use of Confidential Information at Trial. Nothing in this Order shall preclude a 7 Party from disclosing or offering into evidence at the time of trial or during a hearing any 8 document or information designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” 9 subject to the rules of evidence and any other Party's objections as to the admissibility or claims 10 of confidentiality of the document or information. However, if a Party anticipates using or 11 disclosing Confidential Information at a trial or during a hearing (except for purposes of 12 impeachment), it shall give the Designating Party at least three (3) business days' notice prior to 13 its use or disclosure. The Court may take such measures, as it deems appropriate, to protect the 14 claimed confidential nature of the document or information sought to be admitted and to protect 15 the Confidential Information from disclosure to persons other than those identified in paragraph 16 12 and who have signed Exhibit A, where necessary, under this Order. If a Party seeks to file 17 unredacted Confidential Information or Attorneys' Eyes Only information, it shall file a motion 18 with the Court for filing under seal, unless the producing Party otherwise agrees. Any disclosure 19 of information designated “ATTORNEYS' EYES ONLY” to the Court under seal shall have 20 limited dissemination to personnel of the Court under such safeguards as the Court may direct. 21 22 23 20. Pre-Existing Confidentiality Obligations. This Protective Order in no way modifies any prior agreement between the Parties that may be applicable. 21. Publicly Available Documents Excluded. The restrictions and terms set forth in 24 this Protective Order shall not apply to documents or information, regardless of their 25 designation, that are publicly available or that are obtained independently and under rightful 26 means by the receiving Party. 27 28 22. No Waiver. This Protective Order does not waive or prejudice the right of any Party or non-party to apply to a court of competent jurisdiction for any other or further relief or Page 11 of 13 1 to object on any appropriate grounds to any discovery requests, move to compel responses to 2 discovery requests, and/or object to the admission of evidence at any hearing on any ground. 3 23. No Admission. Entering into, agreeing to, and/or complying with the terms of 4 the Protective Order shall not operate as an admission by any Party that any particular 5 document, testimony of information marked “CONFIDENTIAL” or “ATTORNEYS’ EYES 6 ONLY” contains or reflects trade secrets, proprietary, confidential or competitively sensitive 7 business, commercial, financial or personal information. 8 9 10 11 24. Modification. This Protective Order may be modified or amended either by written agreement of the Parties or by order of the court upon good cause shown. No oral waivers of the terms of this Protective Order shall be permitted between the Parties. 25. Future Orders. Nothing in this Protective Order shall prohibit the Parties from 12 seeking an order from the court regarding the production or protection of documents referenced 13 herein or other materials in the future. 14 15 16 17 18 19 20 21 22 23 24 DATED this 21st day of October, 2019. McDONALD CARANO LLP WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC By: /s/ Kristen T. Gallagher Pat Lundvall (NSBN 3761) Kristen T. Gallagher (NSBN 9561) Amanda M. Perach (NSBN 12399) 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 plundvall@mcdonaldcarano.com kgallagher@mcdonaldcarano.com aperach@mcdonaldcarano.com By: /s/ Colby L. Balkenbush D. Lee Roberts, Jr., Esq. Colby L. Balkenbush, Esq. Josephine E. Groh, Esq. 6385 South Rainbow Blvd., Suite 400 Las Vegas, Nevada 89118 Telephone: (702) 938-3838 lroberts@wwhgd.corn cbalkenbush@wwhgd.corn jgroh@wwhgdcorn Attorneys for Plaintiff Fremont Emergency Services (Mandavia), Ltd. Attorneys for Defendants UnitedHealthcare Insurance Company, United HealthCare Services, Inc., UMR, Inc., Oxford Health Plans, Inc., Sierra Health and Life Insurance Co., Inc., Sierra Health-Care Options, Inc., and Health Plan of Nevada, Inc. 25 IT IS SO ORDERED: 26 ___________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 10-22-2019 DATED: ___________________________ Page 12 of 13 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 FREMONT EMERGENCY SERVICES (MANDAVIA), LTD., a Nevada professional corporation, 5 Plaintiff, 6 vs. 7 UNITED HEALTHCARE INSURANCE COMPANY, et al., 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Case No.: 2:19-cv-00832-JAD-VCF EXHIBIT A ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND TO STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER Defendants. I, ______________________________, hereby acknowledge receipt of a copy of the Stipulated Confidentiality Agreement and Protective Order (“Protective Order”) entered in the above-referenced action, and agree as follows: 1. I acknowledge that I have read the Protective Order and agree to be bound by its terms and conditions and to hold any “Confidential” or “Attorneys’ Eyes Only” information and/or materials disclosed to me in accordance with the Protective Order. 2. I will take all steps reasonably necessary to ensure that any secretarial, clerical, or other personnel who assist me in connection with my participation in this action will likewise comply with the terms and conditions of the Protective Order. 3. I further understand that I am to retain all copies of all documents or information marked pursuant to the Protective Order in a secure manner, and that all copies of such materials are to remain in my personal custody until termination of my participation in the abovereferenced litigation, whereupon the originals or any copies of such materials, and any work product derived from said information and/or materials, will be returned to counsel who provided the under with such materials. 4. To assure my compliance with the Protective Order, I submit to the jurisdiction of the above-referenced Court for the limited purpose of any proceeding related to the enforcement of, performance under, compliance with or violation of the Protective Order and understand that the terms of the Protective Order obligate me to use materials designated as Confidential in accordance with the Protective Order solely for the purposes of the abovereferenced litigation, and not to disclose any such Confidential Information to any other person, firm or concern. 24 I declare under penalty of perjury that the foregoing is true and correct. 25 Dated this ____ day of ___________________, 20___. 26 27 28 Signature: ____________________________ Name (printed): ________________________ Title/Position: _________________________ Employer: ____________________________ Address: _____________________________ Page 13 of 13
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