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Case No. 2:15-cv-01945-MWF-PJWx US_ACTIVE-122761812.1

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

Michael K. Brown (SBN 104252) Kevin G. Lohman (SBN 222678) 

Eric J. Buhr (SBN 217528) 

Kevin M. Hara (SBN 221604) 

REED SMITH LLP 

355 South Grand Avenue 

Suite 2900 

Los Angeles, CA 90071-1514 

Telephone: +1 213 457 8000 

Facsimile: +1 213 457 8080 

Richard B. North, Jr. (Admitted Pro Hac Vice) Brandee Kowalzyk (Admitted Pro Hac Vice)

Nelson Mullins Riley & Scarborough LLP 

Atlantic Station 

201 17th Street NW, Suite 1700 

Atlanta, GA 30363 

Telephone: +1 404 322 6000 

Facsimile: +1 404 322 6050 

Attorneys for Defendants 

C. R. Bard, Inc., a New Jersey Corporation, Bard Peripheral Vascular, Inc., (a 

Subsidiary And/or Division of Defendant, 

C. R. Bard, Inc.), an Arizona Corporation 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION

DAVID L. SIZEMORE, 

Plaintiff, 

vs. 

C. R. BARD, INC., a New Jersey 

corporation; BARD PERIPHERAL 

VASCULAR, INC., (a subsidiary and/or 

division of defendant, C. R. BARD, INC.), an Arizona corporation; and DOES 1-100, 

INCLUSIVE, 

Defendants. 

Case No. 2:15-cv-01945-MWF(PJWx)

STIPULATION FOR ENTRY OF 

PROTECTIVE ORDER 

Compl. Filed: March 16, 2015 

Honorable Michael W. Fitzgerald, 

District Court Judge 

Honorable Patrick J. Walsh, Magistrate Judge 

 Under seal filings governed by Local Rule 79-5. PJW 

 

NOTE: CHANGES HAVE BEEN

MADE TO THIS DOCUMENT

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Case No. 2:15-cv-01945-MWF-PJWx – 1 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER 

WHEREAS during disclosure and discovery proceedings in this action, certain 

documents and information have been or may be requested, sought, produced, or 

exhibited by, between, and among the parties to this action, which relate to or contain 

“confidential information” that consists of the parties’ trade secrets; confidential 

research, development, or proprietary commercial information; or confidential and 

private psychiatric, psychological, medical condition, and/or employment 

information; which is entitled to protection from disclosure outside this litigation and 

is subject to a protective order pursuant to Rule 26(c) of the Federal Rules of Civil 

Procedure; and 

WHEREAS, the parties to this action, through their respective counsel, have 

agreed that a protective order preserving the confidentiality of certain documents and 

information should be entered by the Court. 

THEREFORE, THE PARTIES STIPULATE THAT IT SHALL BE HEREBY 

ORDERED that: 

I. Definitions 

1. Confidential Information. “Confidential Information” is defined herein 

as any information that constitutes, reflects, discloses, or contains: (1) a “trade secret 

or other confidential research, development, or commercial information” that is 

suitable for protection under Federal Rule of Civil Procedure 26(c)(1)(G); and (2) 

information that may be protected from disclosure under a party’s constitutional right 

of privacy such as confidential and private psychiatric, psychological, medical 

condition and/or employment information. 

2. Trade Secret. A party, in designating information “Confidential” 

because it contains a “Trade Secret,” shall designate only information that meets the 

definition of trade secret contained in 18 U.S.C.A. § 1839 (West): 

Case 2:15-cv-01638-DGC Document 28 Filed 07/10/15 Page 2 of 20
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Case No. 2:15-cv-01945-MWF-PJWx – 2 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

the term “trade secret” means all forms and types of financial, business, 

scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, 

compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-- 

(A) the owner thereof has taken reasonable measures to keep such information secret; and 

(B) the information derives independent economic value, actual or 

potential, from not being generally known to, and not being readily ascertainable through proper means by, the public 

3. This Action. “This Action” means David L. Sizemore v. C. R. Bard, 

Inc., et al., Civil Action No. 2:15-cv-01945, pending in the United States District 

Court, Central District of California, Western Division. 

II. Information Within The Scope of The Protective Order 

4. This Protective Order shall govern all hard copy and electronic materials, 

the information contained therein, and all other information produced or disclosed 

during This Action, including all copies, excerpts, summaries, or compilations thereof, 

whether revealed in a document, deposition, other testimony, discovery response or 

otherwise, by any party to This Action or its representatives (the “Supplying Party”) 

to any other party or parties to This Action or their representatives (the “Receiving 

Party”), whether provided voluntarily, pursuant to formal discovery procedures, or 

otherwise. 

III. Designating Information As “Confidential” Pursuant to This Protective 

Order 

5. Documents. Any Supplying Party producing documents that contain 

information that meets the definition of Confidential Information as provided in 

Paragraph 1 and 2 herein, may designate the contents of the documents as 

“Confidential” prior to or at the time of production by placing the following 

designation on the documents: “CONFIDENTIAL - SUBJECT TO PROTECTIVE 

ORDER.” Where a document consists of more than one page, each page of the 

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Case No. 2:15-cv-01945-MWF-PJWx – 3 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

document shall be designated as such. Any document or information for which it is 

impracticable or impossible to affix such a legend may be designated by written notice 

to that effect with a reasonable description of the material in question including a 

BATES number, where applicable. 

6. If a Supplying Party makes documents or information available for 

inspection, rather than delivering copies to another party, no “Confidential” 

designation is required in advance of the initial inspection. For the purpose of initial 

inspection only, the documents shall be considered “CONFIDENTIAL.” Upon 

production of the inspected documents, the Supplying Party shall designate which of 

the produced or copied documents and materials are or contain Confidential 

Information pursuant to Paragraph 5 of this Protective Order. 

7. Written Discovery. If responses to written discovery contain 

Confidential Information as defined in Paragraph 1 and 2 of this Protective Order, the 

Responding Party may designate the responses as Confidential Information by 

designating the responsive documents and information as set forth in Paragraph 5 with 

specific indication of the page and line references of the material that is 

“Confidential” under the terms of this Protective Order. 

8. Depositions. The parties may designate as Confidential any deposition 

transcript, or portions thereof, in this action that meets the definition of “Confidential 

Information” provided in Paragraphs 1 and 2 of this Protective Order. Counsel for the 

designating party shall advise the court reporter and the parties on the record during 

the deposition or by letter no later than thirty (30) calendar days after the court 

reporter provides the parties with the final deposition transcript. If any portion or all 

of a deposition transcript is designated as Confidential Information, the court reporter 

shall label the cover page of the original and one copy of the transcript to state that 

Confidential Information is contained therein, and shall label as “Confidential” each 

page of the transcript and/or exhibits to the deposition transcript that constitute 

“Confidential Information.” Confidential designations of transcripts or portions 

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Case No. 2:15-cv-01945-MWF-PJWx – 4 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

thereof apply to audio, video, or other recordings of the testimony. The court reporter 

shall clearly mark any transcript or portion thereof released prior to the expiration of 

the 30-day period as “DO NOT DISCLOSE - SUBJECT TO FURTHER 

CONFIDENTIALITY REVIEW.” Deposition transcripts or portions thereof will be 

treated as Confidential Information until expiration of the 30-day period. If any party 

does not designate the transcript as “Confidential” either at the time of the deposition 

or within the 30-day period defined above, no portion of the entire transcript will be 

deemed “Confidential” and the “DO NOT DISCLOSE- SUBJECT TO FURTHER 

CONFIDENTIALITY REVIEW” legend shall be removed. The 30-day period may 

not be extended without mutual agreement of the parties. 

9. Confidential Information Produced By Third Parties: A party in This 

Action may designate as Confidential any document, information, or testimony 

produced or supplied by any person or entity not a party to This Action, that 

constitutes or meets the definition of Confidential Information as defined in 

Paragraphs 1 and 2 of this Protective Order. The party claiming confidentiality shall 

designate the information as such within thirty (30) days of its receipt of such 

information. Any party receiving information from a third party shall treat such 

information as Confidential Information during this thirty (30) day period while all 

parties have an opportunity to review the information and to determine whether it 

should be designated as confidential. Any party designating third party information as 

Confidential Information shall have the same rights, duties, and obligations, as a 

Supplying Party under this Protective Order. 

10. Publicly Available Information: The restrictions and obligations 

set forth herein shall not apply to information that is at the time of production or 

disclosure, or subsequently becomes, through no wrongful act on the part of the 

Receiving Party, generally available to the public through publication or otherwise. 

IV. Limitations on Use of Confidential Information 

11. All Confidential Information shall be used for the purpose of This Action 

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Case No. 2:15-cv-01945-MWF-PJWx – 5 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

only, and except as permitted by this Protective Order, the parties and their respective 

attorneys, as well as experts or consultants, shall not give, show or otherwise divulge 

or disclose the Confidential Information, or any copies, prints, negatives or summaries 

thereof to any person or entity. Notwithstanding the foregoing provisions of this 

paragraph, nothing in this Protective Order shall prevent the use of any of the nonprivileged documents or electronically stored information (“ESI”) produced pursuant 

to this Protective Order in other actions brought by the plaintiffs’ counsel, so long as a 

comparable protective order is entered in those other actions. 

12. Confidential Information pursuant to this Protective Order shall be 

treated by the parties, their counsel, and any other signatory to this Protective Order as 

being confidential and private. Any copy of Confidential Information shall have the 

same status as the original. The disclosure and use of Confidential Information shall 

be confined to the permissible disclosures and uses set forth in this Protective Order, 

and no one shall disclose or use Confidential Information in a manner inconsistent 

with the terms and intent of this Protective Order. 

13. Confidential Information may be disclosed only to the following persons 

and shall be used solely for the litigation of This Action and may not be disclosed to 

anyone not authorized under this paragraph: 

a. Parties, their representatives, in-house counsel and regular 

employees who are actively engaged in, or actively overseeing 

This Action; 

b. Counsel of record, their associated attorneys, and support staff, 

including paralegal and secretarial personnel who are working on 

This Action; 

c. Experts and consultants (including their employees) who are 

consulted or retained by a party to assist in the litigation of This 

Action; 

d. Third-party contractors and their employees who are consulted or 

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Case No. 2:15-cv-01945-MWF-PJWx – 6 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

retained by one or more parties to provide litigation-support or 

copy services in connection with the litigation of This Action; 

e. Witnesses or prospective witnesses in This Action; 

f. Court reporters, videographers, and other persons involved in 

recording deposition testimony in This Action; 

g. The Court and its personnel, including any mediators and/or 

special masters appointed by the Court, or if on appeal, the court 

with appellate jurisdiction; and 

h. Jurors in This Action. 

14. Prior to the disclosure of any Confidential Information to any person 

identified in Paragraph 13 above (except Court personnel and jurors), the disclosing 

party will provide each potential recipient of Confidential Information with a copy of 

this Protective Order, which said recipient shall read. Upon reading this Protective 

Order, such person shall sign an Agreement to Maintain Confidentiality, annexed to 

this Protective Order as Exhibit A, acknowledging that he or she has read this 

Protective Order and shall abide by its terms. Notwithstanding the foregoing 

provision, Confidential Information may be disclosed to a witness who will not sign 

an Agreement to Maintain Confidentiality in a deposition at which the party who has 

designated the Confidential Information is represented or has been given notice that 

Confidential Information produced by the party may be used. These Agreements are 

strictly confidential and shall be maintained by counsel for each party and only with 

good cause shown and separate court order will the Agreements be disclosed to the 

opposing side. Persons who come into contact with Confidential Information for 

clerical or administrative purposes, and who do not retain copies or extracts thereof, 

are not required to execute Agreements but must comply with the terms of this 

Protective Order. 

15. All persons receiving or given access to Confidential Information in 

accordance with the terms of this Protective Order consent to the continuing 

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Case No. 2:15-cv-01945-MWF-PJWx – 7 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

jurisdiction of this Court for the purposes of enforcing this Protective Order and 

remedying any violations thereof. 

16. Confidential Information shall not be placed or deposited in any sort of 

data bank that is made available for indiscriminate or general circulation to lawyers, 

litigants, consultants, expert witnesses or any other persons or entities not working on 

This Action and not signatories to this Protective Order. This paragraph and the other 

provisions of this Protective Order shall not apply to materials which, if challenged by 

any party, the Court rules are not entitled to protection. This paragraph does not limit 

or restrict in any way the manner in which a party may store and make Confidential 

Information available to the attorneys, support staff, experts, and any other persons or 

entities working on This Action, provided the general terms of this Protective Order 

are followed. 

17. The parties and their counsel as well as their technical consultants and 

experts shall also not sell, offer, advertise, publicize nor provide under any condition 

any Confidential Information produced by any other party to any competitor of any 

defendant or to any employee of any competitor (irrespective of whether they are 

retained as an expert by a party in This Action). 

18. Each Party agrees that in the event either of the parties is served by a 

non-party with a subpoena for Confidential Information that was originally provided 

and claimed as Confidential by another party, the Receiving Party will give notice to 

the Supplying Party, where reasonably possible, no less than 10 business days prior to 

disclosure by providing a copy of the subpoena, to allow a reasonable opportunity for 

the Supplying Party to object to such production before any production takes place. 

19. If a Receiving Party learns of any unauthorized disclosure of Confidential 

Information, it shall take reasonable efforts to immediately (a) inform the Supplying 

Party in writing of such disclosure, including to whom the material was disclosed; (b) 

make a reasonable effort to retrieve all copies of the Confidential Information only to 

the extent the Receiving Party has control over the unauthorized disclosed documents; 

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Case No. 2:15-cv-01945-MWF-PJWx – 8 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

(c) to the extent the Receiving party has control over the person or persons to whom 

unauthorized disclosures were made, inform the persons of the terms of this Protective 

Order. 

V. Changes In and Objections to Designation of Information 

20. Inadvertent Disclosure of Confidential Information: If a Supplying 

Party through inadvertence produces any documents containing Confidential 

Information without designating the documents as such in accordance with Paragraph 

5 of this Protective Order, such inadvertence does not waive any claim for 

confidentiality that the Supplying Party may possess so long as the Supplying Party 

notifies the Receiving Party of the Confidential Information designation in writing 

within twenty (20) days of the date that the Supplying Party became aware or 

reasonably should have become aware of the failure to designate the information as 

Confidential Information. If a Supplying Party fails to designate information as 

Confidential Information within this twenty (20) day period, the Supplying Party 

waives its right to designate the documents as Confidential Information. The 

Supplying Party shall also supply the Receiving Party with a new copy of the 

documents designated in accordance with Paragraph 5 of this Protective Order, which 

shall be substituted for the undesignated documents. Upon receipt of the substitute 

documents, the Supplying Party shall promptly return or destroy the improperlydesignated document(s). Upon receipt of the Supplying Party’s notice of the 

inadvertent disclosure, the Receiving Party shall, within a reasonable time, not to 

exceed twenty (20) days, (a) treat such material in accordance with this Protective 

Order; (b) take reasonable steps to notify any person to whom the Receiving Party 

disclosed such information of the new confidential designation; (c) take reasonable 

steps to procure the return of all copies of such material from any such persons known 

to have possession of such material who are not entitled to receipt of Confidential 

Information under the terms of this Protective Order; (d) request in writing that such 

person procure the return of such information from any persons to whom such person 

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Case No. 2:15-cv-01945-MWF-PJWx – 9 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

may have disclosed the information. 

Notwithstanding the foregoing provisions of this section, the Supplying Party 

shall be deemed to have waived any claim of confidentiality with respect to 

information inadvertently not claimed as confidential to which the Supplying Party 

fails to claim as Confidential Information, prior to sixty (60) days from the close of 

discovery. 

21. Challenges to Designation of Confidential Information. A Receiving 

Party may challenge a Supplying Party’s designation or redesignation by notifying the 

Supplying Party in writing that the confidentiality designation does not meet the 

definition of “Confidential Information.” The designation by any party of Confidential 

Information raises no presumption that the information or documents are entitled 

under the law to protection. If any party contends, in writing, that any document, 

material, ESI, or other thing has been erroneously designated as Confidential 

Information, the party who designated the information as Confidential Information 

shall initiate a meet and confer within ten (10) days with the opposing party and the 

parties shall make a good faith effort to resolve issues relating to such designations. 

After the meet and confer, the party who designated the information as Confidential 

Information shall file a motion with the Court within thirty (30) days of receiving such 

written notification establishing that the information is entitled to protection as 

Confidential Information under the law. If the designating party fails to timely file 

such a motion within the allotted thirty (30) day period, the document, ESI, material, 

or other thing, which is designated as Confidential Information, shall forthwith be 

produced and be deemed not to be Confidential Information. Any information or 

thing being challenged as inappropriately designated as Confidential Information, 

shall nonetheless be treated as Confidential Information unless and until either (a) the 

designating party gives written permission to do otherwise, (b) the designating party 

fails to file a motion establishing that the challenged material is subject to protection 

as Confidential Information under the law within the thirty (30) day time period, or (c) 

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Case No. 2:15-cv-01945-MWF-PJWx – 10 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

the Court rules that the document, material, ESI, or other thing shall not be treated as 

confidential. Should the Court rule that any item designated as Confidential 

Information is not entitled to protection under the law, the designating party shall, 

within fourteen (14) days after all appeals are exhausted, provide the party challenging 

the confidential designation with copies of each item free of any language indicating 

that the item is subject to a Protective Order. 

22. Nothing in this Protective Order shall be deemed to shift the burden of 

proof to the party challenging the confidential designation with regard to whether the 

materials produced pursuant to this Protective Order are entitled to protection under 

the law as Confidential Information. 

VI. Filing Under Seal 

23. Where a Party Files Documents and a Party Contends the 

Documents Should be Kept Sealed. If the Receiving Party seeks to file Confidential 

Information with the Court for any reason, that party shall provide the Supplying 

Party ten (10) days notice of the intent to file Confidential Information, so as to 

provide the Supplying Party an opportunity to seek an order from the Court that the 

Confidential Information be filed under seal. In the event that the Supplying Party 

files such a motion within ten (10) days of receiving such notice, the Receiving Party 

shall refrain from filing the Confidential Information until the Court rules on the 

motion, although nothing shall prevent either party from submitting the Confidential 

Information to the Court for an in camera inspection. Upon a showing of good cause, 

the Court may enter an order permitting the Confidential Information to be filed under 

seal. Where possible, the parties will request that only the confidential portions of 

filings with the Court be filed under seal. The parties agree that they will stipulate to a 

10-day extension of time, subject to the Court's approval, for the filing of any brief in 

opposition to a motion, when the party filing that brief reasonably anticipates that 

Confidential Information will be utilized in the brief. 

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Case No. 2:15-cv-01945-MWF-PJWx – 11 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

This section shall not apply with respect to documents admitted into evidence 

as exhibits at the trial of this matter. The Supplying Party reserves the right, however, 

to petition the Court for protection with respect to such documents admitted into 

evidence as exhibits at trial. 

VII. Miscellaneous Provisions 

24. Amending or Modifying Protective Order. By written agreement of 

the parties, or upon motion and order of the Court, the terms of this Protective Order 

may be amended or modified. This Protective Order shall continue in force until 

amended or modified by consent or agreement of the parties or by order of the Court, 

and shall survive any final judgment or settlement in This Action, including but not 

limited to any final adjudication of any appeals and petitions for extraordinary writs, 

unless otherwise vacated or modified by the Court. The Court shall have continuing 

jurisdiction over the terms and provisions of this Protective Order. 

25. After Final Adjudication. Upon written demand by the Supplying Party 

made within thirty (30) days after final adjudication of This Action, including but not 

limited to, any final adjudication of any appeals and petitions for extraordinary writs, 

the Receiving Party shall assemble and return all Confidential Information to the 

Supplying Party or, alternatively, shall destroy all such material at the Supplying 

Party’s expense. The Receiving Party shall verify the complete destruction or return 

to the Supplying Party all such Confidential Information by executing and mailing to 

counsel for the Supplying Party an Acknowledgment in the form attached hereto as 

Exhibit B. A copy of each such executed Acknowledgement shall be maintained by 

counsel for the Receiving Party and counsel for the Supplying Party. Notwithstanding 

the foregoing provisions of this paragraph, the Receiving Party may maintain its 

privileged communications, work product, Acknowledgements pursuant to the 

Protective Order, materials required to be retained pursuant to applicable law, and all 

court-filed documents even though they contain Confidential Information, but such 

materials shall remain subject to the terms of this Protective Order. Notwithstanding 

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Case No. 2:15-cv-01945-MWF-PJWx – 12 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

the foregoing provisions of this paragraph, this provision may not be invoked while 

the Law Offices of Ben C. Martin, LLP have active pending cases relating to IVC 

Filters manufactured by C. R. Bard, Inc. and/or Bard Peripheral Vascular, Inc. 

26. The terms of this Protective Order do not preclude, limit, restrict, or 

otherwise apply to the use of Confidential Information at trial. The use of Confidential 

Information during trial will be addressed in a later agreement between the parties, or, 

if they cannot reach an agreement, by further order of the Court. 

27. Nothing in this Protective Order shall be deemed a waiver of any parties’ 

right to oppose any motion by any other party for a protective order or to oppose any 

objection to the disclosure of any information or documents on any legal grounds, 

including, but not limited to, the grounds that the party seeking the protective order 

has neither timely nor adequately objected to disclosure of such documents and 

information or moved for a protective order. 

28. This Protective Order does not relieve any party of its obligations to 

respond to otherwise proper discovery in This Action. Nothing contained in this 

Protective Order, or any action taken pursuant to it, shall waive or impair any party’s 

right to assert claims of privilege or work product protection, or the right of any party 

to object to the relevancy or admissibility of documents or information sought or 

produced into assert objections to requested discovery on grounds other than 

Confidential Information. This Protective Order also shall not effect or create any 

presumption with respect to the right of any party from seeking or obtaining additional 

protection with respect to any documents, materials, or information where allowed by 

law. 

29. Inadvertent Production. Pursuant to Rule 502 of the Federal Rules of 

Evidence, inadvertent production of documents or ESI (hereinafter collectively 

“Inadvertently-Produced Documents”) subject to work product immunity, the 

attorney-client privilege, or other legal privilege protecting information from 

discovery shall not constitute a waiver of the immunity or privilege in the pending 

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Case No. 2:15-cv-01945-MWF-PJWx – 13 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

case or in any other federal or state proceeding. In the event that a party inadvertently 

produces documents or ESI subject to a claim of privilege, the Supplying Party shall, 

within 15 days of the discovery of the inadvertent disclosure, notify the other party in 

writing of the inadvertent disclosure. The Supplying Party may, in the notice, request 

a “clawback” of the inadvertently disclosed material. Upon receiving notice of the 

inadvertent production, the parties agree to follow the procedures provided by Federal 

Rule of Civil Procedure 26(b)(5)(B) with respect to the clawback of the InadvertentlyProduced Documents. All notes or other work product of the Receiving Party, 

reflecting the contents of such materials, shall be destroyed and not used. 

If the party receiving such Inadvertently-Produced Documents moves the Court 

to dispute the claim of privilege or immunity, the party shall not assert the fact or 

circumstances of the inadvertent production to challenge whether the material is, in 

fact, privileged. Likewise, as part of any such motion, the Receiving Party shall not 

challenge the “reasonable steps,” as described in Rule 502(b) of the Federal Rules of 

Evidence, taken or not taken by the Supplying Party. 

Pursuant to Federal Rule of Evidence 502(d), there is no waiver of privilege or 

work product immunity in this matter or any other matter in any other jurisdiction for 

any document or ESI returned or destroyed under this subsection, or for the subject 

matter of any such document or ESI, whether the privileged document or ESI was 

inadvertently produced following review or as part of a “Quick Peek” production. In 

the event that either party receives information produced in discovery from the other 

party that reasonably appears to be Inadvertently-Produced Documents, the Receiving 

Party shall promptly notify the Supplying Party in writing of the apparently 

inadvertent production. 

Notwithstanding the foregoing provisions of this section, the Supplying Party 

shall be deemed to have waived any claim of privilege or work product immunity with 

respect to any document or ESI produced to which the Supplying Party fails to assert 

privilege or work product immunity, prior to thirty days before the close of discovery. 

Case 2:15-cv-01638-DGC Document 28 Filed 07/10/15 Page 14 of 20
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Case No. 2:15-cv-01945-MWF-PJWx – 14 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

30. Each party shall retain all rights and remedies available to it under the 

law for the enforcement of this Protective Order against anyone who violates it. 

31. Nothing in this Protective Order shall be construed to prevent this Court 

from disclosing any facts the Court relies upon in making any findings, or issuing any 

ruling, order, judgment, or decree. 

Within 30 days of any information that has been claimed as Confidential 

Information being de-designated or made publically available, the Supplying Party 

shall provide notice of the Confidential Information that has been de-designated 

and/or made publicly available. Such notice shall be made by identifying bates 

numbers or by other means such as identifying categories of information where the 

identification of bates numbers are not possible or not feasible. Publically available 

includes documents that have been filed with any court or entered as an exhibit during 

trial not under seal, provided, however, that the Supplying Party is not required to 

provide notice of de-designation with regard to such documents until any motion or 

request to seal those documents is denied. This paragraph only applies to the extent 

that the Supplying Party knew or should have known that the information claimed as 

Confidential Information was de-designated or made publically available. 

ORDER 

IT IS SO ORDERED. 

DATED: July 10, 2015 ______________________________ UNITED STATES MAGISTRATE 

JUDGE 

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Case No. 2:15-cv-01945-MWF-PJWx – 15 – 

STIPULATION FOR ENTRY OF PROTECTIVE ORDER

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

CONSENTED TO BY: 

DATED: July 9, 2015 LAW OFFICES OF BEN C. MARTIN, LLP 

By: /s/ Tom Arbon 

Ben C. Martin 

Tom Arbon 

Attorneys for Plaintiff 

DATED: July 9, 2015 REED SMITH LLP

By: /s/ Kevin G. Lohman 

Michael K. Brown 

Kevin G. Lohman 

Eric J. Buhr 

Nelson Mullins Riley & Scarborough LLP 

Richard B. North, Jr. 

Brandee J. Kowalzyk 

Attorneys for Defendants 

C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. 

I, Kevin G. Lohman, attest that all signatories listed, and on whose behalf the 

filing is submitted, concur in the filing’s content and have authorized the filing. 

By /s/ Kevin G. Lohman 

Kevin G. Lohman 

Case 2:15-cv-01638-DGC Document 28 Filed 07/10/15 Page 16 of 20
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Case No. 2:15-cv-01945-MWF-PJWx – 1 – US_ACTIVE-122761812.1

AGREEMENT TO MAINTAIN CONFIDENTIALITY

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION

DAVID L. SIZEMORE, 

Plaintiff, 

vs. 

C. R. BARD, INC., a New Jersey 

corporation; BARD PERIPHERAL 

VASCULAR, INC., (a subsidiary and/or 

division of defendant, C. R. BARD, INC.), an Arizona corporation; and DOES 1-100, 

INCLUSIVE, 

Defendants. 

Case No. 2:15-cv-01945-MWF-PJWx

AGREEMENT TO MAINTAIN 

CONFIDENTIALITY 

I, ______________________________ [Name – Print or Type], have been 

given and have read a copy of the Stipulation and Protective Order, dated _________, 

2014 in the case of David L. Sizemore v. C. R. Bard, Inc., et al., Civil Action No. 

2:15-cv-01945, pending in the United States District Court, Central District of 

California, Western Division. I understand and will strictly adhere to the contents of 

said order. I understand that produced material disclosed to me is subject to the order 

of this Court and that I am prohibited from copying, disclosing or otherwise using 

such material except as provided by said court order. I understand that my 

unauthorized disclosure of any “Confidential Information” may constitute contempt of 

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Case No. 2:15-cv-01945-MWF-PJWx – 2 – 

AGREEMENT TO MAINTAIN CONFIDENTIALITY

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

court, and I agree to be personally subject to the jurisdiction of this Court for the 

purpose of enforcing my obligations under this Agreement, the order, and any 

contempt proceeding that may be instituted for my violation of the terms of this 

Acknowledgment and the Protective Order. I also understand that my signature on 

this “Agreement to Maintain Confidentiality,” indicating my agreement to be bound 

by the terms of the Protective Order, is required before I may be allowed to receive 

and review any produced document and materials that are designated as “Confidential 

Information.” 

Date _________________ _____________________________ Print Name 

_____________________________ Signature 

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Case No. 2:15-cv-01945-MWF-PJWx – 1 – US_ACTIVE-122761812.1

ACKNOWLEDGMENT OF DESTRUCTION OR RETURN OF CONFIDENTIAL 

INFORMATION

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION

DAVID L. SIZEMORE, 

Plaintiff, 

vs. 

C. R. BARD, INC., a New Jersey 

corporation; BARD PERIPHERAL 

VASCULAR, INC., (a subsidiary and/or 

division of defendant, C. R. BARD, INC.), an Arizona corporation; and DOES 1-100, 

INCLUSIVE, 

Defendants. 

Case No. 2:15-cv-01945-MWF-PJWx

ACKNOWLEDGMENT OF 

DESTRUCTION OR RETURN OF 

CONFIDENTIAL INFORMATION 

I, ________________ [Name – Print or Type], am over the age of 18 years and 

am a resident of _____________ County, __________________. I make this 

Declaration based upon my personal knowledge, and I am competent to testify to the 

matters stated herein. 

I have requested and received from ____________________ all of the 

Confidential Information contained in the materials, transcripts, and other things 

produced in this case David L. Sizemore v. C. R. Bard, Inc., et al., Civil Action No. 

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Case No. 2:15-cv-01945-MWF-PJWx – 2 – 

ACKNOWLEDGMENT OF DESTRUCTION OR RETURN OF CONFIDENTIAL 

INFORMATION

REED SMITH LLP 

A limited liability partnership formed in the State of Delaware 

2:15-cv-01945, pending in the United States District Court, Central District of 

California, Western Division. 

I have either destroyed or have attached hereto all of the Confidential 

Information contained in the materials, transcripts, and other things, including those 

materials which were returned to me by the experts and consultants mentioned above 

in accordance with the preceding paragraph, and as described in the Protective Order 

which was entered by this Court. Notwithstanding the foregoing provisions of this 

paragraph, the Receiving Party may maintain its privileged communications, work 

product, Acknowledgements pursuant to the Protective Order, materials required to be 

retained pursuant to applicable law, and all court-filed documents even though they 

contain Confidential Information, but such materials shall remain subject to the terms 

of this Protective Order. 

I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. 

Date _________________ _____________________________ Print Name 

_____________________________ Signature 

Case 2:15-cv-01638-DGC Document 28 Filed 07/10/15 Page 20 of 20