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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

MARGARET ROSENTHAL, SBN 147501

SHAREEF S. FARAG, SBN 251650

JULIE KWUN, SBN 243838

BAKER & HOSTETLER LLP 

11601 Wilshire Boulevard, Suite 1400

Los Angeles, CA 90025-0509

Telephone: 310.820.8800

Facsimile: 310.820.8859

Email: mrosenthal@bakerlaw.com

sfarag@bakerlaw.com

jkwun@bakerlaw.com

jmayes@bakerlaw.com

Attorneys for Defendant CIOX HEALTH, LLC

KENNETH S. GAINES, SBN 049045

DANIEL F. GAINES, SBN 251488

ALEX P. KATOFSKY, SBN 202754

EVAN S. GAINES, SBN 287668

GAINES & GAINES, APLC

27200 Agoura Road, Suite 101

Calabasas, CA 91301

Tel: (818) 703-8985

Fax: (818) 703-8984

Email: ken@gaineslawfirm.com

daniel@gaineslawfirm.com

alex@gaineslawfirm.com

evan@gaineslawfirm.com

Attorneys for Plaintiff NYTASIA CALIP

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NYTASIA CALIP, on behalf of herself 

and all others similarly situated, and on 

behalf of the general public,

Plaintiff,

v.

CIOX HEALTH, LLC, a Georgia corporation, and DOES 1 through 10, 

inclusive,

Defendants.

Case No.: 3:16-cv-07231-JST 

[Judge Jon S. Tigar, Dept. 9]

STIPULATED PROTECTIVE 

ORDER 

Action Removed: December 19, 2016

Action Filed: November 18, 2016
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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve 

production of confidential, proprietary, or private information for which special 

protection from public disclosure and from use for any purpose other than 

prosecuting this litigation may be warranted. Accordingly, the parties hereby 

stipulate to and petition the court to enter the following Stipulated Protective Order. 

The parties acknowledge that this Order does not confer blanket protections on all 

disclosures or responses to discovery and that the protection it affords from public 

disclosure and use extends only to the limited information or items that are entitled 

to confidential treatment under the applicable legal principles. The parties further 

acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 

Order does not entitle them to file confidential information under seal; Civil Local 

Rule 79-5 sets forth the procedures that must be followed and the standards that 

will be applied when a party seeks permission from the court to file material under 

seal.

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the 

designation of information or items under this Order.

2.2 “CONFIDENTIAL” Information or Items: information (regardless of 

how it is generated, stored or maintained) or tangible things that qualify for 

protection under Federal Rule of Civil Procedure 26(c).

2.3 Counsel (without qualifier): Outside Counsel of Record and House 

Counsel (as well as their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or 

items that it produces in disclosures or in responses to discovery as 

“CONFIDENTIAL.” 

2.5 Disclosure or Discovery Material: all items or information, regardless 

of the medium or manner in which it is generated, stored, or maintained (including, 
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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

among other things, testimony, transcripts, and tangible things), that are produced 

or generated in disclosures or responses to discovery in this matter.

2.6 Expert: a person with specialized knowledge or experience in a matter 

pertinent to the litigation who has been retained by a Party or its counsel to serve as 

an expert witness or as a consultant in this action.

2.7 House Counsel: attorneys who are employees of a party to this action. 

House Counsel does not include Outside Counsel of Record or any other outside 

counsel.

2.8 Non-Party: any natural person, partnership, corporation, association, 

or other legal entity not named as a Party to this action.

2.9 Outside Counsel of Record: attorneys who are not employees of a 

party to this action but are retained to represent or advise a party to this action and 

have appeared in this action on behalf of that party or are affiliated with a law firm 

which has appeared on behalf of that party.

2.10 Party: any party to this action, including all of its officers, directors, 

employees, consultants, retained experts, and Outside Counsel of Record (and their 

support staffs).

2.11 Producing Party: a Party or Non-Party that produces Disclosure or 

Discovery Material in this action.

2.12 Professional Vendors: persons or entities that provide litigation 

support services (e.g., photocopying, videotaping, translating, preparing exhibits or 

demonstrations, and organizing, storing, or retrieving data in any form or medium) 

and their employees and subcontractors.

2.13 Protected Material: any Disclosure or Discovery Material that is 

designated as “CONFIDENTIAL.” 

2.14 Receiving Party: a Party that receives Disclosure or Discovery 

Material from a Producing Party.
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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

3. SCOPE

The protections conferred by this Stipulation and Order cover not only 

Protected Material (as defined above), but also (1) any information copied or 

extracted from Protected Material; (2) all copies, excerpts, summaries, or 

compilations of Protected Material; and (3) any testimony, conversations, or 

presentations by Parties or their Counsel that might reveal Protected Material. 

However, the protections conferred by this Stipulation and Order do not cover the 

following information: (a) any information that is in the public domain at the time 

of disclosure to a Receiving Party or becomes part of the public domain after its 

disclosure to a Receiving Party as a result of publication not involving a violation 

of this Order, including becoming part of the public record through trial or 

otherwise; and (b) any information known to the Receiving Party prior to the 

disclosure or obtained by the Receiving Party after the disclosure from a source 

who obtained the information lawfully and under no obligation of confidentiality to 

the Designating Party. Any use of Protected Material at trial shall be governed by a 

separate agreement or order.

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations 

imposed by this Order shall remain in effect until a Designating Party agrees 

otherwise in writing or a court order otherwise directs. Final disposition shall be 

deemed to be the later of (1) dismissal of all claims and defenses in this action, with 

or without prejudice; and (2) final judgment herein after the completion and 

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 

including the time limits for filing any motions or applications for extension of time 

pursuant to applicable law.

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 
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STIPULATED PROTECTIVE ORDER 

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this Order must take care to limit any such designation to specific material that 

qualifies under the appropriate standards. The Designating Party must designate for 

protection only those parts of material, documents, items, or oral or written 

communications that qualify – so that other portions of the material, documents, 

items, or communications for which protection is not warranted are not swept 

unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations 

that are shown to be clearly unjustified or that have been made for an improper 

purpose (e.g., to unnecessarily encumber or retard the case development process or 

to impose unnecessary expenses and burdens on other parties) expose the 

Designating Party to sanctions.

If it comes to a Designating Party’s attention that information or items that it 

designated for protection do not qualify for protection, that Designating Party must 

promptly notify all other Parties that it is withdrawing the mistaken designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in 

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 

under this Order must be clearly so designated before the material is disclosed or 

produced.

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic 

documents, but excluding transcripts of depositions or other pretrial or trial 

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 

page that contains protected material. If only a portion or portions of the material on 

a page qualifies for protection, the Producing Party also must clearly identify the 

protected portion(s) (e.g., by making appropriate markings in the margins).

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 
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has indicated which material it would like copied and produced. During the 

inspection and before the designation, all of the material made available for 

inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 

identified the documents it wants copied and produced, the Producing Party must 

determine which documents, or portions thereof, qualify for protection under this 

Order. Then, before producing the specified documents, the Producing Party must 

affix the “CONFIDENTIAL” legend to each page that contains Protected Material. 

If only a portion or portions of the material on a page qualifies for protection, the 

Producing Party also must clearly identify the protected portion(s) (e.g., by making 

appropriate markings in the margins).

(b) for testimony given in deposition or in other pretrial or trial proceedings, 

that the Designating Party identify on the record, before the close of the deposition, 

hearing, or other proceeding, all protected testimony. 

(c) for information produced in some form other than documentary and for 

any other tangible items, that the Producing Party affix in a prominent place on the 

exterior of the container or containers in which the information or item is stored the 

legend “CONFIDENTIAL.” If only a portion or portions of the information or item 

warrant protection, the Producing Party, to the extent practicable, shall identify the 

protected portion(s).

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 

failure to designate qualified information or items does not, standing alone, waive 

the Designating Party’s right to secure protection under this Order for such 

material. Upon timely correction of a designation, the Receiving Party must make 

reasonable efforts to assure that the material is treated in accordance with the 

provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a 

designation of confidentiality at any time. Unless a prompt challenge to a 
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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

Designating Party’s confidentiality designation is necessary to avoid foreseeable, 

substantial unfairness, unnecessary economic burdens, or a significant disruption or 

delay of the litigation, a Party does not waive its right to challenge a confidentiality 

designation by electing not to mount a challenge promptly after the original 

designation is disclosed.

6.2 Meet and Confer. The Challenging Party shall initiate the dispute 

resolution process by providing written notice of each designation it is challenging 

and describing the basis for each challenge. To avoid ambiguity as to whether a 

challenge has been made, the written notice must recite that the challenge to 

confidentiality is being made in accordance with this specific paragraph of the 

Protective Order. The parties shall attempt to resolve each challenge in good faith 

and must begin the process by conferring directly (in voice to voice dialogue; other 

forms of communication are not sufficient) within 14 days of the date of service of 

notice. In conferring, the Challenging Party must explain the basis for its belief that 

the confidentiality designation was not proper and must give the Designating Party 

an opportunity to review the designated material, to reconsider the circumstances, 

and, if no change in designation is offered, to explain the basis for the chosen 

designation. A Challenging Party may proceed to the next stage of the challenge 

process only if it has engaged in this meet and confer process first or establishes 

that the Designating Party is unwilling to participate in the meet and confer process 

in a timely manner.

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 

court intervention, the Designating Party shall file and serve a motion to retain 

confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 

79-5, if applicable) within 21 days of the initial notice of challenge or within 14 

days of the parties agreeing that the meet and confer process will not resolve their 

dispute, whichever is earlier. Each such motion must be accompanied by a 

competent declaration affirming that the movant has complied with the meet and 
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confer requirements imposed in the preceding paragraph. Failure by the 

Designating Party to make such a motion including the required declaration within 

21 days (or 14 days, if applicable) shall automatically waive the confidentiality 

designation for each challenged designation. In addition, the Challenging Party may 

file a motion challenging a confidentiality designation at any time if there is good 

cause for doing so, including a challenge to the designation of a deposition 

transcript or any portions thereof. Any motion brought pursuant to this provision 

must be accompanied by a competent declaration affirming that the movant has 

complied with the meet and confer requirements imposed by the preceding 

paragraph.

The burden of persuasion in any such challenge proceeding shall be on the 

Designating Party. Frivolous challenges, and those made for an improper purpose 

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may 

expose the Challenging Party to sanctions. Unless the Designating Party has waived 

the confidentiality designation by failing to file a motion to retain confidentiality as 

described above, all parties shall continue to afford the material in question the 

level of protection to which it is entitled under the Producing Party’s designation 

until the court rules on the challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is 

disclosed or produced by another Party or by a Non-Party in connection with this 

case only for prosecuting, defending, or attempting to settle this litigation. Such 

Protected Material may be disclosed only to the categories of persons and under the 

conditions described in this Order. When the litigation has been terminated, a 

Receiving Party must comply with the provisions of section 13 below (FINAL 

DISPOSITION).
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STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

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 ordered by the court or permitted in writing by the Designating Party, a 

Receiving Party may disclose any information or item designated 

“CONFIDENTIAL” only to:

(a) the Receiving Party’s Outside Counsel of Record in this action, as well 

as employees of said Outside Counsel of Record to whom it is reasonably necessary 

to disclose the information for this litigation and who have signed the 

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 

A;

(b) the officers, directors, and employees (including House Counsel) of the 

Receiving Party to whom disclosure is reasonably necessary for this litigation and 

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(c) Experts (as defined in this Order) of the Receiving Party to whom 

disclosure is reasonably necessary for this litigation and who have signed the 

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(d) the court and its personnel;

(e) court reporters and their staff, professional jury or trial consultants, mock 

jurors, and Professional Vendors to whom disclosure is reasonably necessary for 

this litigation and who have signed the “Acknowledgment and Agreement to Be 

Bound” (Exhibit A);

(f) during their depositions, witnesses in the action to whom disclosure is 

reasonably necessary and who have signed the “Acknowledgment and Agreement 

to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 

ordered by the court. Pages of transcribed deposition testimony or exhibits to 

depositions that reveal Protected Material must be separately bound by the court 
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reporter and may not be disclosed to anyone except as permitted under this 

Stipulated Protective Order.

(g) the author or recipient of a document containing the information or a 

custodian or other person who otherwise possessed or knew the information.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 

IN OTHER LITIGATION 

If a Party is served with a subpoena or a court order issued in other litigation 

that compels disclosure of any information or items designated in this action as 

“CONFIDENTIAL,” that Party must: 

(a) promptly notify in writing the Designating Party. Such notification shall 

include a copy of the subpoena or court order; 

(b) promptly notify in writing the party who caused the subpoena or order to 

issue in the other litigation that some or all of the material covered by the subpoena 

or order is subject to this Protective Order. Such notification shall include a copy of 

this Stipulated Protective Order; and 

(c) cooperate with respect to all reasonable procedures sought to be pursued 

by the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served with 

the subpoena or court order shall not produce any information designated in this 

action as “CONFIDENTIAL” before a determination by the court from which the 

subpoena or order issued, unless the Party has obtained the Designating Party’s 

permission. The Designating Party shall bear the burden and expense of seeking 

protection in that court of its confidential material – and nothing in these provisions 

should be construed as authorizing or encouraging a Receiving Party in this action 

to disobey a lawful directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 

PRODUCED IN THIS LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-
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Party in this action and designated as “CONFIDENTIAL.” Such information 

produced by Non-Parties in connection with this litigation is protected by the 

remedies and relief provided by this Order. Nothing in these provisions should be 

construed as prohibiting a Non-Party from seeking additional protections. 

(b) In the event that a Party is required, by a valid discovery request, to 

produce a Non-Party’s confidential information in its possession, and the Party is 

subject to an agreement with the Non-Party not to produce the Non-Party’s 

confidential information, then the Party shall: 

(1) promptly notify in writing the Requesting Party and the Non-Party that 

some or all of the information requested is subject to a confidentiality agreement 

with a Non-Party;

(2) promptly provide the Non-Party with a copy of the Stipulated Protective 

Order in this litigation, the relevant discovery request(s), and a reasonably specific 

description of the information requested; and 

(3) make the information requested available for inspection by the NonParty. 

(c) If the Non-Party fails to object or seek a protective order from this court 

within 14 days of receiving the notice and accompanying information, the 

Receiving Party may produce the Non-Party’s confidential information responsive 

to the discovery request. If the Non-Party timely seeks a protective order, the 

Receiving Party shall not produce any information in its possession or control that 

is subject to the confidentiality agreement with the Non-Party before a 

determination by the court. Absent a court order to the contrary, the Non-Party 

shall bear the burden and expense of seeking protection in this court of its Protected 

Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 

Protected Material to any person or in any circumstance not authorized under this 
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in 

writing the Designating Party of the unauthorized disclosures, (b) use its best 

efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 

person or persons to whom unauthorized disclosures were made of all the terms of 

this Order, and (d) request such person or persons to execute the “Acknowledgment 

and Agreement to Be Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 

PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain 

inadvertently produced material is subject to a claim of privilege or other 

protection, the obligations of the Receiving Parties are those set forth in Federal 

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 

whatever procedure may be established in an e-discovery order that provides for 

production without prior privilege review. Pursuant to Federal Rule of Evidence 

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 

of a communication or information covered by the attorney-client privilege or work 

product protection, the parties may incorporate their agreement in the stipulated 

protective order submitted to the court.

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 

Protective Order no Party waives any right it otherwise would have to object to 

disclosing or producing any information or item on any ground not addressed in 

this Stipulated Protective Order. Similarly, no Party waives any right to object on 

any ground to use in evidence of any of the material covered by this Protective 

Order. 
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STIPULATED PROTECTIVE ORDER 

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12.3 Filing Protected Material. Without written permission from the 

Designating Party or a court order secured after appropriate notice to all interested 

persons, a Party may not file in the public record in this action any Protected 

Material. A Party that seeks to file under seal any Protected Material must comply 

with Civil Local Rule 79-5. Protected Material may only be filed under seal 

pursuant to a court order authorizing the sealing of the specific Protected Material 

at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a 

request establishing that the Protected Material at issue is privileged, protectable as 

a trade secret, or otherwise entitled to protection under the law. If a Receiving 

Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-

5(d) is denied by the court, then the Receiving Party may file the information in the 

public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by 

the court.

13. FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in 

paragraph 4, each Receiving Party must return all Protected Material to the 

Producing Party or destroy such material. As used in this subdivision, “all Protected 

Material” includes all copies, abstracts, compilations, summaries, and any other 

format reproducing or capturing any of the Protected Material. Whether the 

Protected Material is returned or destroyed, the Receiving Party must submit a 

written certification to the Producing Party (and, if not the same person or entity, to 

the Designating Party) by the 60 day deadline that (1) identifies (by category, where 

appropriate) all the Protected Material that was returned or destroyed and (2) 

affirms that the Receiving Party has not retained any copies, abstracts, 

compilations, summaries or any other format reproducing or capturing any of the 

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 

archival copy of all pleadings, motion papers, trial, deposition, and hearing 

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 
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reports, attorney work product, and consultant and expert work product, even if 

such materials contain Protected Material. Any such archival copies that contain or 

constitute Protected Material remain subject to this Protective Order as set forth in 

Section 4 (DURATION).

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: May 3, 2017 Respectfully submitted,

BAKER & HOSTETLER LLP

By: /s/ Shareef S. Farag

Margaret Rosenthal

Shareef S. Farag

Julie Kwun

Attorneys for Defendant 

CIOX HEALTH, LLC 

Dated: May 3, 2017 GAINES & GAINES, APLC

By: /s/ Alex P. Katofsky

Kenneth S. Gaines

Daniel F. Gaines

Alex P. Katofsky

Evan S. Gaines

Attorneys for Plaintiff 

NYTASIA CALIP 

I, Shareef S. Farag, attest that all other signatories listed, and on whose 

behalf the filing is submitted, concur in the filing’s contents and have authorized 

the filing. 

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: May 4, 2017_____________ ________________________________

United States District/Magistrate Judge
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BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW

LOS 

ANGELES

- 15 - 

STIPULATED PROTECTIVE ORDER 

CASE NO.: 3:16-CV-07231-JST 

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of 

_________________ [print or type full address], declare under penalty of perjury that 

I have read in its entirety and understand the Stipulated Protective Order that was 

issued by the United States District Court for the Northern District of California on 

[date] in the case of ___________ [insert formal name of the case and the number 

and initials assigned to it by the court]. I agree to comply with and to be bound by 

all the terms of this Stipulated Protective Order and I understand and acknowledge 

that failure to so comply could expose me to sanctions and punishment in the nature 

of contempt. I solemnly promise that I will not disclose in any manner any 

information or item that is subject to this Stipulated Protective Order to any person or 

entity except in strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court 

for the Northern District of California for the purpose of enforcing the terms of this 

Stipulated Protective Order, even if such enforcement proceedings occur after 

termination of this action.

I hereby appoint __________________________ [print or type full name] of 

_______________________________________ [print or type full address and 

telephone number] as my California agent for service of process in connection with 

this action or any proceedings related to enforcement of this Stipulated Protective 

Order. 

Date: ______________________________________

City and State where sworn and signed: _________________________________

Printed name: _______________________________

Signature: __________________________________