STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

GEORGE FOLEY, Jr., Magistrate Judge.

Pursuant to Federal Rule of Civil Procedure 26(c), the Parties, National Nurses United/California Nurses Association ("CNA"), and Defendant Dignity Health, d/b/a St. Rose Dominican Hospital ("Defendant"), (collectively, the "Parties"), hereby submit this proposed Stipulated Protective Order for the purpose of ensuring that five specifically identified documents produced by CNA in response to a subpoena duces tecum (the "Protected Documents") are not disclosed to anyone other than counsel for Defendant absent an agreement of the parties or order of the Court. Accordingly, the Parties hereby stipulate, subject to approval and entry by the Court, to the following:

I. APPLICATION

This Protective Order shall govern the designation and handling of the Protected Documents. This Protective Order does not affect any party's obligations under the Civil Rules to produce documents as required by the rules of discovery or an order of the Court. The purpose of this Protective Order is to facilitate the handling of the Protected Documents.

II. DEFINITIONS

"Protected Documents" refers to the following documents, all of which are subject to a confidentiality agreement between CNA and Orsburn Stone's ("Stone") prior employer MountainView Hospital ("MountainView"):

III. Designation of Discovery Materials as Confidential

Marking Protected Documents: The Protected Documents shall be designated by affixing to them the legend "PROTECTED DOCUMENT" in all caps, 12 point font, in a location that makes the designation readily apparent, preferably in the lower right hand corner. The fact that a document is stamped "PROTECTED DOCUMENT" by CNA shall not be construed as an admission by Defendant that such document is a protected document and cannot be used in the above captioned litigation for a legitimate purpose; nor shall it limit or preclude the right of Defendant to object to the "PROTECTED DOCUMENT" designation and to file any appropriate motion(s) to determine the propriety of such designation. If CNA inadvertently fails to stamp or otherwise appropriately designate a document as a Protected Document, such inadvertent failure to designate shall not constitute nor be deemed a waiver of a subsequent claim of protected treatment under this Order.

IV. Permissible Use of "Confidential" Information, Documents, or Materials

A. Limited Use. The Protected Documents shall be reviewed in the offices of Defendant's counsel only until and unless Defendant believes it necessary to file the Protected Documents with the Court. If needed, the Parties shall follow the filing procedure set forth below in section IV(B). Persons obtaining access to materials stamped "Protected Document" pursuant to this Order shall not use or disclose in any format or medium such document for any other purpose, unless agreed upon by the parties or required by court order or being compelled by force of law. If Defendant is: (a) subpoenaed in another action or proceeding; (b) served with a request or demand in another action to which it is a party; or (c) served with any other legal process by one not a party to this Order seeking discovery of a document designated as a Protected Document. If Defendant is served with legal process seeking disclosure of Protected Documents, Defendant shall promptly give written notice to CNA within seventy-two business hours of receipt of such process. Nothing herein shall be construed as requiring Defendant to challenge or appeal any order requiring production of a Protected Document, to subject itself to any penalties for non-compliance with any legal process or order, or to seek any relief from the court.

B. Filing Protected Materials. If Defendant wishes to use documents designated by CNA as a Protected Document to support or oppose a motion or otherwise file such information with the Court, the following procedures apply: Counsel will use reasonable efforts to provide up to seven (7) days notice of its intent to use the Protected Documents before filing the Protected Document. If no response is received or no agreement as to filing is made, the parties to this Agreement shall seek the assistance of the Court to resolve their differences. Upon the conclusion of such procedure, should Defendant be authorized to use the Protected Documents, Defendant shall seek to file it under seal. The parties waive the right to seek attorney's fees and costs for having to do so.

C. Rights of Parties: This Protective Order is without prejudice to the right of any party to this Agreement to apply to the Court for any further protective order relating to any Protected Documents or for an order permitting disclosure of Protected Documents beyond the terms of this Protective Order.

V. Miscellaneous

A. The provisions of this Order shall not terminate at the resolution of this matter; provided, however, that within thirty (30) days after the final conclusion of this matter, documents stamped "Protected Documents" and all copies of such documents, other than exhibits of record, shall be returned to CNA. Further, all physical copies of the Protected Documents will be destroyed, and all electronic copies deleted.

B. Nothing in this Order shall prevent either party from seeking modification of this Order or from objecting to discovery that it believes to be otherwise improper. This Order, however, shall not be modified absent an order of the Court or the written agreement of all the Parties hereto.

ORDER

IT IS SO ORDERED.