Stipulation,Agreement: DORA SCOTT, INDIVIDUALLY AND AS SUCCESSOR IN et al VS. KINDRED HEALTHCARE OPERATING INC., A CORPORATION et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jul-0@2011 3:35 pm

Case Number: cGC-1 0-502330
Filing Date: Jul-06-2011 3:33
Juke Box: 001 “Image: 03261506
ORDER

IVIDUALLY AND AS SUCCESSOR IN et al vs. KINDRED HEALTHCARE OPERATING INC

001003261506

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KHEN1066580477615v.1

RICK CANVEL (SBN: 144798)

WILLIAM F. HORSEY, JR. (SBN: 13609;

SUPPLE AND CANVEL LLP in “al, LE He Court
2320 MARINSHIP WAY, SUITE 301 i"
SAUSALITO, CA 94965 JUL 06 mort JUL 09 2011
Phone: (415) 366-5533

Fax: (415) 480-6301 CLERK QF THE Col
Attorneys for Defendants Sr — Oe
KINDRED NURSING CENTERS WEST LLC dba ay Clark
TUNNELL CENTER FOR REHABILITATION HEALTHCARE;

KINDRED HEALTHCARE OPERATING, INC.; and
KINDRED HEALTHCARE, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

CASE NO, CGC-10-502330

DORA SCOTT, Individually and as Successor
(Unlimited Civil Jurisdiction)

in Interest of Decedent Aquiles Fung, et al.,

CONFIDENTIALITY STIPULATION
REGARDING CONFIDENTIAL

)

)
Plaintiffs, )
)
) PROPRIETARY/TRADE SECRET
)
)
)
)
)
)

Ys.

KINDRED HEALTHCARE OPERATING,

INC., a corporation, et al., DOCUMENTS

Defendants.

Plaintiffs DORA SCOTT, Individually and as Successor in Interest of Decedent Aquiles
Fung, et al., (“Plaintiffs”) and Defendants KINDRED NURSING CENTERS WEST LLC dba
TUNNELL CENTER FOR REHABILITATION HEALTHCARE; KINDRED HEALTHCARE
OPERATING, INC.; and KINDRED HEALTHCARE, INC. (“Defendants”) hereby enter into
the following Confidentiality Stipulation:

1. Plaintiffs served Request for Production of Documents, Set One and Two, as well
as Request for Documents at Depositions on DEFENDANTS KINDRED HEALTHCARE
OPEHATING, INC. and KINDRED NURSING CENTERS WEST LLC dba TUNNELL
CENTER FOR REHABILITATION HEALTHCARE which asked for policy and procedure
manuals, training documents and other proprietary documents in use at TUNNELL CENTER

«fe

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETARY/TRADE SECRET DOCUMENTSSuppie & Canvel LLP
2320 Marinship Way, Suite 301

Sausalito, CA 94965

~

FOR REHABILITATION HEALTHCARE. In response to said lawful discovery request,
DEFENDANTS KINDRED HEALTHCARE OPERATING, INC. and KINDRED NURSING
CENTERS WEST LLC dba TUNNELL CENTER FOR REHABILITATION HEALTHCARE
have agreed to produce certain documents which contain or refer to proprietary information
and/or other material which defendants consider to be “CONFIDENTIAL.” As used herein,
“CONFIDENTIAL” is defined as private trade information which is used in the conduct of
defendant’s business which gives defendants an advantage over its competitors and which is not
disclosed to the public. The documents considered “CONFIDENTIAL” and proprietary or
privileged are identified as policy and procedure manuals, training documents, and in-service
documents.

2. In order that all parties may obtain evidence in this case, it is necessary to make
these documents and discovery available to counsel of record and others while protecting each
party against unnecessary disclosure of proprietary and confidential or privileged information.
Consequently, the above-described documents, which are considered “CONFIDENTIAL” as
described herein, shall not be delivered to any person except as provided in paragraph 4. Neither
the contents nor substance of these documents shall be revealed except to persons authorized by
paragraph 4 of this Stipulation. Confidentiality is to be maintained, both during and after the
disposition of this case, except as provided in paragraph 8 below.

3. Nothing in this Stipulation shall require any person to treat as
“CONFIDENTIAL” any material or information which is not obtained from the other party or
from a third party who is under an express obligation not to disclose the material and
information.

4. The CONFIDENTIAL documents identified above may be disclosed solely for

the purpose of this litigation to the following qualified persons:

a, Named parties to this litigation and their present and former employees;

b. Attorneys for any party engaged in this litigation and employees of such
attomeys;

c Experts;

2.

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETARY/TRADE SECRET DOCUMENTS,Supple & Canvel LLP
2320 Marinship Way, Suite 304

Sausalito, CA 94965

d. Persons necessary to the preparation of documents, and transcription of
testimony in this litigation; and
e. The Court and/or the trier of fact in this litigation.

CONFIDENTIAL documents shall not be disclosed to any other person. Nothing herein
shall be construed to prevent the Court from disclosing any facts relied upon in making any
evidentiary rulings, rulings on motions, or orders of whatever description.

5. Before disclosing “CONFIDENTIAL” material to any person falling within
categories 4(a)(b)(c) and (d) above, counsel for the party making such disclosures shall advise
such person that s/he shall not disclose any “CONFIDENTIAL” material to any other person,
and that if he does so, s/he maybe subject to the sanctions of this Court.

6. If any party wishes to set forth any “CONFIDENTIAL” material as an exhibit or
attachment to any brief, argument, filing or other proceeding before the Court or any magistrate
thereof, such “CONFIDENTIAL” material shall be submitted and lodged under seal and shall be
maintained by the clerk of the court under seal and such “CONFIDENTIAL” material shall not
be made available to anyone other than the Court and counsel for the parties. Upon completion
of the court proceeding in which the CONFIDENTIAL material is used it shall be returned to the
party who submitted it. If either party believes the CONFIDENTIAL material attached as an
exhibit or attachment to an brief, argument, filing or other proceeding before the court contains
evidence of abuse of an elder as defined by Welfare and Institutions Code §§ 15610.30,
15610.57 and 15610.63, that party must comply with all provisions of Code of Civil Procedure
§2017.320 in order to determine if the information will remain protected form disclosure by this
confidentially stipulation or whether the information will become part of the public court record.

7, “CONFIDENTIAL” material may be used in connection with the examination by
deposition of any witness in this litigation. Whenever “CONFIDENTIAL” material is so
disclosed in a deposition, the party making such disclosure shall inform the witness, on the
record, that the use of such “CONFIDENTIAL” material is subject to the terms of this
confidentiality stipulation and that the witness is bound by the terms of this stipulation. If any

person present at the deposition, other than the reporter, does not come within the categories of

Be

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETARY/TRADE SECRET DOCUMENTSSupple & Canvel LLP
2320 Marinship Way, Suite 301

Sausalito, CA 94965

persons defined in paragraph 4 of this stipulation, then that person shall not continue to be
present while the “CONFIDENTIAL” material is used in that deposition.

8. The provisions of this stipulation shall continue in effect unless or until expressly
released by all parties, or ordered by a court. Upon final determination of this litigation, each
party shall return to the other all material in its possession and control and all copies of all
“CONFIDENTIAL” documents, or shall certify under oath that all such materials have been
destroyed. If the documents deemed “CONFIDENTIAL” contain evidence of abuse of an elder
as defined by Welfare and Institutions Code §§ 15610.30, 15610.57 and 15610.63, the parties
must comply with the provisions of Code of Civil Procedure §2017.320 with regard to the final
disposition of those documents.

Dated: rub . » 2011

SUPPLE AND CANVEL LLP

By:

y'
KINDRED NURSING CENTERS WES‘
LLC dba TUNNELL CENTER FOR
REHABILITATION HEALTHCARE;
KINDRED HEALTHCARE OPERATING,
INC.; and KINDRED HEALTHCARE,
INC.

Dated: A Yor 30 » 2011 MARY ALEXANDER & ASSOCIATES
By: apne fv
Mi Alexarder

Attorneys for Plaintiffs
DORA SCOTT, Individually and as Successor in
Interest of Decedent Aquiles Fung, et al.

4

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETARY/TRADE SECRET DOCUMENTSSupple & Canvel LLP.
2320 Marinship Way, Suite 301

Sausalito, CA 94965

IT IS HEREBY ORDERED THAT:
Plaintiffs DORA SCOTT, Individually and as Successor in Interest of Decedent Aquiles
Fung, et al., (“Plaintiffs”) and Defendants KINDRED NURSING CENTERS WEST LLC dba
TUNNELL CENTER FOR REHABILITATION HEALTHCARE; KINDRED HEALTHCARE
OPERATING, INC.; and KINDRED HEALTHCARE, INC. (“Defendants”) are hereby bound to
the executed Confidentiality Stipulation regarding ee

Dated: att

Se

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETAR Y/TRADE SECRET DOCUMENTSSupple & Canvel LLP
2320 Marinship Way, Suite 301

Sausalito, CA 94965

PROOF OF SERVICE

Tam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: SUPPLE & CANVEL LLP, 2320 MARINSHIP
WAY, SUITE 301, SAUSALITO, CA 94965, On July 5, 2011, I served the within document:

CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL
PROPRIETARY/TRADE SECRET DOCUMENTS

by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in United States mail in the State of California at Sausalito, addressed as
set forth below.

Attorneys for Plaintiffs:
Mary B. Alexander, Esq.

Attorneys for Defendants Jerry Warren
PHD., Individually and doing business as
Jennifer I. Fiore, Esq. Burlingame Family Health also known as
Sophia M. Aslami, Esq. Burlingame Family Health Medical

MARY ALEXANDER & ASSOCIATES Group; Diana Leykina, MD; Susan
44 Montgomery Street, Suite 1303 Failem: MD, Individually and doin

San Francisco, CA 94104 Business as Burlingame Family Health

Phone: (415) 433-4440 also Known as Burlingame Family Health
Fax: (415) 433-5440 Medical Group

James M. Goodman, Esq.

Christine Pico, Esq.

HASSARD BONNINGTON LLP
Two Embarcadero Center, Suite 1800
San Francisco, CA 94111-3993
Phone: (415) 288-9800

Fax: (415) 288-9802

I am readily familiar with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.

I declare under penalty of perjury under the laws of the State of California that the above

is true and correct.
cf, ? !
“Tina Dang

Executed on July 5, 2011 at Sausalito, California.

Dora Scoti, et al. v. Kindred Nursing Centers West LLC, et al.
San Francisco Superior Court Case No. CGC 10 502330

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CONFIDENTIALITY STIPULATION REGARDING CONFIDENTIAL PROPRIETARY/TRADE SECRET DOCUMENTS