Shira Kronfeld v. US Airways Inc et al

Filing 18

AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Amended Document (Non-Motion) 17 . See order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SHIRA KRONFELD, individually,

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Plaintiff,
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vs.
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US AIRWAYS, INC. and DOES 1
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through 10, inclusive,
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Defendants.
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_____________________________________ )

CASE NO. CV13-08066-DDP (JCx)
AMENDED STIPULATED
PROTECTIVE ORDER

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1.

PURPOSES AND LIMITATIONS

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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 would 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 extends only to the limited information or items that are entitled under the
applicable legal principles to treatment as confidential. The parties further

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acknowledge, as set forth in Section 10, below, that the court rules must be

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followed when a party seeks permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

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

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employees, insurers, underwriters, consultants, retained experts, and

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outside counsel (and their support staff).

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2.2

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner generated, stored, or maintained

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(including, among other things, testimony, transcripts, or tangible

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things) that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.3

Confidential Information or Items: information (regardless of how

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generated, stored or maintained) or tangible things that properly

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qualify for protection under standards developed under California

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state law.

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2.4

“Highly Confidential – Attorneys’ Eyes Only” Information or Items:

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extremely sensitive‚ “Confidential Information” or Items whose

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disclosure to another Party or non-party would create a substantial

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risk of serious injury that could not be avoided by less restrictive

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means.

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2.5

Material from a Producing Party.

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2.6

Producing Party: a Party or non-party that produces Disclosure or
Discovery Material in this action.

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Receiving Party: a Party that receives Disclosure or Discovery

2.7.

Designating Party: a Party or non-party that designates information

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

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“Confidential” or “Highly Confidential — Attorneys’ Eyes Only.”

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2.8

Protected Material: any Disclosure or Discovery Material that is
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designated as “Confidential” or as “Highly Confidential – Attorneys’

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Eyes Only.”
2.9.

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Outside Counsel: attorneys who are not employees of a Party but
who are retained to represent or advise a Party in this action.

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2.10 House Counsel: attorneys who are employees of a Party.

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2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as
well as their support staffs).

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2.12 Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or

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its counsel to serve as an expert witness or as a consultant in this

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action and who is not a past or a current employee of a Party or of a

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competitor of a Party’s and who, at the time of retention, is not

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anticipated to become an employee of a Party or a competitor of a

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Party’s. This definition includes a professional jury or trial consultant

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retained in connection with this litigation.
2.13 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying; videotaping; translating;

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preparing exhibits or demonstrations; organizing, storing, retrieving

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data in any form or medium; etc.) and their employees and

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subcontractors.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not

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

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extracted therefrom, as well as all copies, excerpts, summaries, or compilations

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thereof, plus deposition testimony, or presentations by the parties or counsel in

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settings other than open court that might reveal Protected Material. This

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Stipulation and Order is not intended to apply to testimony or other presentations

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in court. In the event a dispute arises with respect to non-deposition testimony or
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other presentations in open court, the parties may seek an appropriate order from

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the presiding judicial officer.

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4.

DURATION
Even after the termination of this litigation, the confidentiality

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

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agrees otherwise in writing or a court order otherwise directs; the Court’s

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jurisdiction to enforce the terms of this Stipulation and Order shall expire six

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months after the final termination of this Action.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection:

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Each Party or non-party that designates information or items for

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protection under this Order should take care to limit any such

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designation to specific material that qualifies under the appropriate

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standards. If it comes to a Party’s or a non-party’s attention that

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information or items that it designated for protection do not qualify

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for protection at all, or do not qualify for the level of protection

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initially asserted, that Party or non-party must promptly notify all

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other parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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

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as otherwise stipulated or ordered, material that qualifies for

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protection under this Order must be clearly so designated before the

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material is disclosed or produced in proceedings that are not in open

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court. Designation in conformity with this Order requires:

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(a)

for information in documentary form (apart from transcripts of

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depositions or other pretrial or trial proceedings), that the

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Producing Party affix the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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on each page that contains protected material. A Party or

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non-party that makes original documents or materials available

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for inspection, before producing the specified documents, must

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affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) on each

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page that contains Protected Material.

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(b)

for testimony given in deposition that the Party or non-party

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offering or sponsoring the testimony identify on the record,

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before the close of the deposition, all protected testimony, and

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further specify any portions of the testimony that qualify as

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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When it is impractical to identify separately each portion of

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testimony that is entitled to protection, the Party or non-party

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that sponsors, offers, or gives the testimony may invoke on the

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record (before the deposition or proceeding is concluded) a

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right to have up to 20 days to identify the specific portions of

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the testimony as to which protection is sought and to specify

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the level of protection being asserted (“CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL –ATTORNEYS’ EYES ONLY”).

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Only those portions of the testimony that are appropriately

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designated for protection within the 20 days shall be covered

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by the provisions of this Stipulated Protective Order.

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Transcript pages containing Protected Material must be

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separately bound by the court reporter, who must affix to the

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top of each such page the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”

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as instructed by the Party or non-party offering or sponsoring

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the witness or presenting the testimony.
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(c)

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for information produced in some form other than

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documentary, and for any other tangible items, that the

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Producing Party affix in a prominent place on the exterior of

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the container or containers in which the information or item is

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stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only

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portions of the information or item warrant protection, the

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Producing Party, to the extent practicable, shall identify the

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protected portions, specifying whether they qualify as

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“Confidential” or as “Highly Confidential – Attorneys’ Eyes

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Only.”
5.3

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Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items as “Confidential”

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or “Highly Confidential – Attorneys’ Eyes Only” does not, standing

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alone, waive the Designating Party’s right to secure protection under

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this Order for such material. If material is appropriately designated as

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“Confidential” or “Highly Confidential – Attorneys’ Eyes Only” after

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the material was initially produced, the Receiving Party, on timely

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notification of the designation, must make reasonable efforts to assure

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that the material is treated in accordance with the provisions of this

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Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
In the event of a dispute regarding the designation of confidential

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information, the procedure for obtaining a decision from the court shall be

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governed by Local Rule 37-1 through 37-4.

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7.

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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
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connection with this case only for prosecuting, defending, or

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attempting to settle this litigation. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions

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

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Receiving Party must comply with the provisions of section 11, below

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(FINAL DISPOSITION). Protected Material must be stored and

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maintained by a Receiving Party at a location and in a secure manner

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that ensures that access is limited to the persons authorized under this

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Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or

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item designated CONFIDENTIAL only to:

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(a)

the Receiving Party’s Outside Counsel of record in this action,

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as well as employees of said Counsel to whom it is reasonably

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necessary to disclose the information for this litigation and who

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have signed the “Agreement to Be Bound by Protective Order”

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that is attached hereto as Exhibit A;

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(b)

the officers, directors, employees and insurers (including

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House Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed

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the “Agreement to Be Bound by Protective Order” (Exhibit A);

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(c)

experts (as defined in this Order) of the Receiving Party to

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whom disclosure is reasonably necessary for this litigation and

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who have signed the “Agreement to Be Bound by Protective

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Order” (Exhibit A);

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(d)

the Court and its personnel;

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(e)

court reporters, their staffs, and professional vendors to whom
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disclosure is reasonably necessary for this litigation and who

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have signed the “Agreement to Be Bound by Protective Order”

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(Exhibit A);
(f)

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during their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the

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“Agreement to Be Bound by Protective Order” (Exhibit A).

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Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material must be separately

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bound by the court reporter and may not be disclosed to anyone

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except as permitted under this Stipulated Protective Order; and
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information.

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the author of the document or the original source of the

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Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”

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Information or Items. Unless otherwise ordered by the court or

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permitted in writing by the Designating Party, a Receiving Party may

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disclose any information or item designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a)

the Receiving Party’s Outside Counsel of record in this action,

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as well as employees of said Counsel to whom it is reasonably

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necessary to disclose the information for this litigation and who

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have signed the “Agreement to Be Bound by Protective Order”

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that is attached hereto as Exhibit A;

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(b)

Experts (as defined in this Order) (1) to whom disclosure is

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reasonably necessary for this litigation, (2) who have signed

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the “Agreement to Be Bound by Protective Order” (Exhibit A);

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(c)

the Court and its personnel;

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(d)

court reporters, their staffs, and professional vendors to whom
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disclosure is reasonably necessary for this litigation and who

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have signed the “Agreement to Be Bound by Protective Order”

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(Exhibit A); and
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information.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION.

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If a Receiving Party is served with a subpoena or an order issued in

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the author of the document or the original source of the

other litigation that would compel disclosure of any information or items

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designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY,” the Receiving Party must so notify the

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Designating Party, in writing (by fax, if possible) immediately and in no event

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more than three court days after receiving the subpoena or order. Such

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notification must include a copy of the subpoena or court order.
The Receiving Party also must immediately inform in writing the

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Party who caused the subpoena or order to issue in the other litigation that some or

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all the material covered by the subpoena or order is the subject of this Protective

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Order. In addition, the Receiving Party must deliver a copy of this Stipulated

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Protective Order promptly to the Party in the other action that caused the subpoena

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or order to issue. The purpose of imposing these duties is to alert the interested

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parties to the existence of this Protective Order and to afford the Designating Party

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in this case an opportunity to try to protect its confidentiality interests in the court

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from which the subpoena or order issued. The Designating Party shall bear the

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burdens and the expenses of seeking protection in that court of its confidential

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material – and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this action to disobey a lawful directive from

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another court.

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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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

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best efforts to retrieve all copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this

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

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

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10.

FILING PROTECTED MATERIAL
If a party wishes to file a document that has been designated

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“Confidential” by another party pursuant to this protective order, or if a party

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wishes to refer in a memorandum or other filing to information so designated by

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another party, the submitting party must follow the applicable procedures in the

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assigned court.

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FINAL DISPOSITION
Unless otherwise ordered or agreed in writing by the Producing Party,

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within sixty days after the final termination of this action, and upon request by the

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Producing Party, each Receiving Party must return all Protected Material to the

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Producing Party. As used in this subdivision, “all Protected Material” includes all

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copies, abstracts, compilations, summaries or any other form of reproducing or

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capturing any of the Protected Material. With permission in writing from the

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Designating Party, the Receiving Party may destroy some or all of the Protected

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Material instead of returning it. Whether the Protected Material is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing

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Party (and, if not the same person or entity, to the Designating Party) by the sixty

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day deadline that identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and that affirms that the Receiving Party
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has not retained any copies, abstracts, compilations, summaries or other forms of

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reproducing or capturing any of the Protected Material.
Notwithstanding this provision, Counsel are entitled to retain an

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archival copy of all pleadings, motion papers, transcripts, legal memoranda,

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correspondence or attorney work product, even if such materials contain Protected

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

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remain subject to this Protective Order as set forth in Section 4 (DURATION),

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above.

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12.

MISCELLANEOUS

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12.1 Right to Further Relief. Nothing in this Order abridges the right of

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any person to seek its modification by the Court in the future.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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object to disclosing or producing any information or item on any

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ground not addressed in this Stipulated Protective Order. Similarly,

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no Party waives any right to object on any ground to use in evidence

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of any of the material covered by this Protective Order.

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IT IS SO ORDERED.

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Dated: July 9, 2014

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______________/s/______________________

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Hon. Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ , of _________________

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[print or type full address], declare under penalty of perjury that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the

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District Court on May ___, 2014, in the case entitled Kronfeld v. US Airways, Inc.,

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et al., Case No. CV13-08066-DDP (JCx). I agree to comply with and to be bound

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

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acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I promise that I will not disclose in any

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

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to any person or entity except in strict compliance with the provisions of this

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Order.

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I further agree to submit to the jurisdiction of the Central District of

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the United States District Court for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint ______________________ of

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______________________________________

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[print or type full address and telephone number] as my California agent for

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service of process in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order.

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Dated: ____________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________
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