Jamison Sorensen v. National Railroad Passenger Corporation et al

Filing 25

STIPULATION RE PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 22 . (See Order for details) [Note Changes Made By The Court]. (bem)

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MICHAEL A. GREGG, Bar No. 205524
[e-mail]
SAMI HASAN, Bar No. 272333
[e-mail]
LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
NO TE: CH ANG ES M ADE BY THE CO U RT
Irvine, CA 92614
Telephone: [phone]
Facsimile: 949.724.1201
Attorneys for Defendants
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK and RITA
CROZIER
Geoffrey C. Lyon (SBN: 132747)
LYON LAW, PC
400 Oceangate, Suite 450
Long Beach, CA 90802
Tel: [phone], Fax: [phone]
Attorneys for Plaintiff
JAMISON SORENSEN

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JAMISON SORENSEN, an
Individual;

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Plaintiff,
vs.

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Case No. 5:16-cv-1343 AB (JPRx)
[Riverside Sup. Ct. Case No. RIC 1605945]
STIPULATION RE PROTECTIVE
ORDER

NATIONAL RAILROAD
PASSENGER CORPORATION dba
AMTRAK, a District of Columbia
corporation; RITA CROZIER, and
Individual; and DOES 1 through 10,
Inclusive,

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Defendants.

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1.

A. PURPOSES AND LIMITATIONS

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As the parties have represented that discovery in this action is likely to involve

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

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

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

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this litigation may be warranted, this Court enters the following Protective Order.

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This Order does not confer blanket protections on all disclosures or responses to

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discovery. The protection it affords from public disclosure and use extends only to

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the limited information or items that are entitled to confidential treatment under the

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applicable legal principles. Further, as set forth in Section 12.3, below, this Protective

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Order does not entitle the parties to file confidential information under seal. Rather,

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when the parties seek permission from the court to file material under seal, the parties

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must comply with Civil Local Rule 79-5 and with any pertinent orders of the assigned

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District Judge and Magistrate Judge.

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B. GOOD CAUSE STATEMENT

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In light of the nature of the claims and allegations in this case and the parties’

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representations that discovery in this case will involve the production of confidential

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records, and in order to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in connection with

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this action, to address their handling of such material at the end of the litigation, and to

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serve the ends of justice, a protective order for such information is justified in this

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matter. The parties shall not designate any information/documents as confidential

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without a good faith belief that such information/documents have been maintained in a

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confidential, non-public manner, and that there is good cause or a compelling reason

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why it should not be part of the public record of this case.

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2.

DEFINITIONS

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2.1

Action:

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

The instant action: Jamison Sorensen v. National Railroad

Passenger Corp. dba Amtrak, et al., No. 5:16-cv-1343 AB (JPRx).
2.2

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

of information or items under this Order.
2

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2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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2.4

“HIGHLY

CONFIDENTIAL

--

ATTORNEYS’

EYES

ONLY”

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Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,

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the disclosure of which to another Party or Non-Party would create a substantial risk

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of serious harm that could not be avoided by less restrictive means.

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2.5

Counsel: Outside Counsel of Record and House Counsel (as well as their

support staff).
2.6

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY.”

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2.7

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

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the medium or manner in which it is generated, stored, or maintained (including,

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

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generated in disclosures or responses to discovery in this matter.

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2.8

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

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

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expert witness or as a consultant in this Action.

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2.9

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

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

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counsel.

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2.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

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2.11 Outside Counsel of Record: attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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

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

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support staffs).
2.13 Producing Party:

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a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

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2.14 Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.

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2.15 Protected Material:

any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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EYES ONLY.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

SCOPE

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The protections conferred by this Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any deposition testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material, other than during a court hearing or at

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trial.

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Any use of Protected Material during a court hearing or at trial shall be

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governed by the orders of the presiding judge. This Order does not govern the use of

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Protected Material during a court hearing or at trial.

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///

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///

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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

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

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

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

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

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pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL

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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 protection under this

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

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

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only those parts of material, documents, items, or oral or written communications that

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qualify so that other portions of the material, documents, items, or communications

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for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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unnecessary expenses and burdens on other parties) may expose the Designating Party

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to sanctions.

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

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

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

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

5.2

Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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

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produced.

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Designation in conformity with this Order requires:

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

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but excluding transcripts of depositions), that the Producing Party affix at a minimum,

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the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’

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EYES ONLY” to each page that contains protected material. If only a portion or

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portions of the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making appropriate markings in

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the margins).

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and before

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the designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

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copied and produced, the Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order. Then, before producing the

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specified documents, the Producing Party must affix the “CONFIDENTIAL”, or

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“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page

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that contains Protected Material. If only a portion or portions of the material on a

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

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

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(b) for testimony given in depositions that the Designating Party identifies on
the record, before the close of the deposition as protected testimony.

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

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

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

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

6

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY.” If only a portion or portions of the information warrants protection, the

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Producing Party, to the extent practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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efforts to assure 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

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6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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6.2

Meet and Confer.

The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
6.3

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

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

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

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

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party’s designation until the Court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

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

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

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

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

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

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

7

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Party must comply with the provisions of Section 13 below. Protected Material must

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be stored and 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 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 Designating Party, a

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Receiving Party may disclose any information or item designated “CONFIDENTIAL”

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only to:

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

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

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disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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

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

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(d) the court and its personnel;

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(e) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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(f) professional jury or trial consultants, mock jurors, and Professional Vendors

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to whom disclosure is reasonably necessary for this Action and who have signed the

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

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(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

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(h) during their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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provide the witness with a copy of this Protective Order and “Acknowledgment and

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Agreement to Be Bound” (Exhibit A); and (2) they will not be permitted to keep any

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

8

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confidential information unless they sign the “Acknowledgment and Agreement to Be

2

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

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the court. Pages of transcribed deposition testimony or exhibits to depositions that

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reveal Protected Material may be separately bound by the court reporter and may not

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be disclosed to anyone except as permitted under this Protective Order; and

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(i) any mediator or settlement officer, and their supporting personnel, mutually

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agreed upon by any of the parties engaged in settlement discussions or designated by

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the Court.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

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writing by the 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, as well as

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

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disclose the information for this Action;

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(b)

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

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

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

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(c) the court and its personnel;

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(d) private court reporters and their staff to whom disclosure is reasonably

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necessary for this Action and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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(e) professional jury or trial consultants, mock jurors, and Professional Vendors

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to whom disclosure is reasonably necessary for this Action and who have signed the

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

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(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information; and

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

9

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(g) any mediator or settlement officer, and their supporting personnel, mutually

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agreed upon by any of the parties engaged in settlement discussions or designated by

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the Court.
8.

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PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall

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include a copy of the subpoena or court order unless prohibited by law;

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

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

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

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Protective Order; and

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

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the Designating Party whose Protected Material may be affected. If the Designating

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Party timely seeks a protective order, the Party served with the subpoena or court

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order

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES

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ONLY” before a determination by the court from which the subpoena or order issued,

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unless the Party has obtained the Designating Party’s permission, or unless otherwise

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required by the law or court order. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material and nothing in

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these provisions should be construed as authorizing or encouraging a Receiving Party

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in this Action to disobey a lawful directive from another court.

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

shall

not

produce

any

information

designated

in

this

action

as

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
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(a) The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and relief

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provided by this Order.

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prohibiting a Non-Party from seeking additional protections.

Nothing in these provisions should be construed as

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

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

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

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confidential information, then the Party shall:

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

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

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agreement with a Non-Party;

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(ii) promptly provide the Non-Party with a copy of the Protective Order

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

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description of the information requested; and

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(iii) make the information requested available for inspection by the Non-

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Party, if requested.

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(c) If a Non-Party represented by counsel fails to commence the process called

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for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the notice and

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accompanying information or fails contemporaneously to notify the Receiving Party

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that it has done so, the Receiving Party may produce the Non-Party’s confidential

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information responsive to the discovery request. If an unrepresented Non-Party fails

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to seek a protective order from this court within 14 days of receiving the notice and

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accompanying information, the Receiving Party may produce the Non-Party’s

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confidential information responsive to the discovery request. If the Non-Party timely

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seeks a protective order, the Receiving Party shall not produce any information in its

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possession or control that is subject to the confidentiality agreement with the Non-

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

11

1

Party before a determination by the court unless otherwise required by the law or court

2

order. Absent a court order to the contrary, the Non-Party shall bear the burden and

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expense of seeking protection in this court of its Protected Material.

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10.

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

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Protected Material to any person or in any circumstance not authorized under this

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Protective Order, the Receiving Party must immediately (a) notify in writing the

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Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

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unauthorized copies of the Protected Material, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d)

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request such person or persons to execute the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A).

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11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE PROTECTED MATERIAL

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(a) If, during the course of this litigation, a party determines that any Document

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produced by another party is or may reasonably be subject to a legally recognizable

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privilege or evidentiary protection (“Protected Document”):

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(i) the Receiving Party shall: (A) refrain from reading the Protected

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Document any more closely than is necessary to ascertain that it is privileged or

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otherwise protected from disclosure; (B) immediately notify the Producing

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Party in writing that it has discovered Documents believed to be privileged or

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protected; (C) specifically identify the Protected Documents by Bates number

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range or hash value, and, (D) within ten (10) days of discovery by the

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Receiving Party, return, sequester, or destroy all copies of such Protected

25

Documents, along with any notes, abstracts or compilations of the content

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thereof.

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litigation review database under the control of the Receiving Party, the

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Receiving Party shall have all electronic copies of the Protected Document

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

To the extent that a Protected Document has been loaded into a

12

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extracted from the database.

Where such Protected Documents cannot be

2

destroyed or separated, they shall not be reviewed, disclosed, or otherwise used

3

by the Receiving Party. Notwithstanding, the Receiving Party is under no

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obligation to search or review the Producing Party’s Documents to identify

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potentially privileged or work product Protected Documents.

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(ii) If the Producing Party intends to assert a claim of privilege or other

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protection over Documents identified by the Receiving Party as Protected

8

Documents, the Producing Party will, within ten (10) days of receiving the

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Receiving Party’s written notification described above, inform the Receiving

10

Party of such intention in writing and shall provide the Receiving Party with a

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log for such Protected Documents that is consistent with the requirements of the

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Federal Rules of Civil Procedure, setting forth the basis for the claim of

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privilege or other protection. In the event that any portion of a Protected

14

Document does not contain privileged or protected information, the Producing

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Party shall also provide to the Receiving Party a redacted copy of the document

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that omits the information that the Producing Party believes is subject to a claim

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of privilege or other protection.

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(d) If, during the course of this litigation, a party determines it has produced a

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Protected Document:
(i)

the Producing Party may notify the Receiving Party of such

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inadvertent production in writing, and demand the return of such documents.

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Such notice shall be in writing, however, it may be delivered orally on the

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record at a deposition, promptly followed up in writing. The Producing Party’s

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written notice will identify the Protected Document inadvertently produced by

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bates number range or hash value, the privilege or protection claimed, and the

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basis for the assertion of the privilege and shall provide the Receiving Party

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with a log for such Protected Documents that is consistent with the

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requirements of the Federal Rules of Civil Procedure, setting forth the basis for

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

13

1

the claim of privilege or other protection. In the event that any portion of the

2

Protected Document does not contain privileged or protected information, the

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Producing Party shall also provide to the Receiving Party a redacted copy of the

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Document that omits the information that the Producing Party believes is

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subject to a claim of privilege or other protection.

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(ii) The Receiving Party must, within ten (10) days of receiving the

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Producing Party’s written notification described above, return, sequester, or

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destroy the Protected Document and any copies, along with any notes, abstracts

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or compilations of the content thereof. To the extent that a Protected Document

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has been loaded into a litigation review database under the control of the

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Receiving Party, the Receiving Party shall have all electronic copies of the

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Protected Document extracted from the database.

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(e) To the extent that the information contained in a Protected Document has

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already been used in or described in other documents generated or maintained by the

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Receiving Party prior to the date of receipt of written notice by the Producing Party as

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set forth in paragraphs (c)(ii) and d(i), then the Receiving Party shall sequester such

17

documents until the claim has been resolved. If the Receiving Party disclosed the

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Protected Document before being notified of its inadvertent production, it must take

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reasonable steps to retrieve it.
(f)

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The Receiving Party’s return, sequestering or destruction of Protected

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Documents as provided herein will not act as a waiver of the Receiving Party’s right

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to move for the production of the returned, sequestered or destroyed documents on the

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grounds that the documents are not, in fact, subject to a viable claim of privilege or

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protection. However, the Receiving Party is prohibited and estopped from arguing

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that:

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

(i) the disclosure or production of the Protected Documents acts as a
waiver of an applicable privilege or evidentiary protection;
(ii) the disclosure of the Protected Documents was not inadvertent;
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(iii) the Producing Party did not take reasonable steps to prevent the

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disclosure of the Protected Documents; or

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(iv) the Producing Party failed to take reasonable or timely steps to

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rectify the error pursuant to Federal Rule of Civil Procedure 26(b)(5)(B), or

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otherwise.

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(g) Either party may submit Protected Documents to the Court under seal in

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compliance with Local Rule 79-5 for a determination of the claim of privilege or other

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protection. The Producing Party shall preserve the Protected Documents until such

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claim is resolved. The Receiving Party may not use the Protected Documents for any

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purpose absent this Court’s Order.

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(h) Upon a determination by the Court that the Protected Documents are

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protected by the applicable privilege or evidentiary protection, and if the Protected

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Documents have been sequestered rather than returned or destroyed by the Receiving

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Party, the Protected Documents shall be returned or destroyed within 10 (ten) days of

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the Court’s order. The Court may also order the identification by the Receiving Party

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of Protected Documents by search terms or other means.

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(i) Nothing contained herein is intended to, or shall serve to limit a party’s right

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to conduct a review of documents, data (including electronically stored information)

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and other information, including without limitation, metadata, for relevance,

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responsiveness and/or the segregation of privileged and/or protected information

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before such information is produced to another party.

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12.

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

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MISCELLANEOUS

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

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12.2 Right to Assert Other Objections. No Party waives any right it otherwise

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would have to object to disclosing or producing any information or item on any

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ground not addressed in this Protective Order. Similarly, no Party waives any right to

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

15

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

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Protective Order.

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12.3 Filing Protected Material.

A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5 and with any pertinent

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orders of the assigned District Judge and Magistrate Judge. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party’s request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information in

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the public record unless otherwise instructed by the court.

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13.

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After the final disposition of this Action, as defined in Section 4, within 60 days

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of a written request by the Designating Party, each Receiving Party must return all

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Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected

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Material. Whether the Protected Material is returned or destroyed, the Receiving

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Party must submit a written certification to the Producing Party (and, if not the same

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person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if such

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materials contain Protected Material.

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

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Section 4.

LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

FINAL DISPOSITION

Any such archival copies that contain or

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1

14.

Any violation of this Order may be punished by any and all appropriate

2

measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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DATED: January 23, 2017

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LYON LAW
By:

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DATED: January 23, 2017

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LITTLER MENDELSON, P.C.
By:

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Dated: January 30, 2017

__s/ Geoffrey Lyon______________
Geoffrey Lyon, Esq.
Attorneys for Plaintiff
JAMISON SORENSEN

__s/ Sami Hasan_______________
Michael A. Gregg
Sami Hasan
Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK and
RITA CROZIER

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HON. JEAN P. ROSENBLUTH
U.S. MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I,

_____________________________

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

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

7

United

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_________________________ in the case of Jamison Sorensen v. National Railroad

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Passenger Corp. dba Amtrak, et al., No. 5:16-cv-1343 AB (JPRx). I agree to comply

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with and to be bound by all the terms of this Protective Order and I understand and

11

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

12

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

13

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

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except in strict compliance with the provisions of this Order.

States

District

Court

for

[print

the

or

Central

type

District

full

of

name],

California

of

on

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

16

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

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Protective Order, even if such enforcement proceedings occur after termination of this

18

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

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_______________________________________ [print or type full address and

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

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this action or any proceedings related to enforcement of this Protective Order.

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Date: ______________________________________

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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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Firmwide:144085238.7 090621.1017

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LITTLER MENDELSON, P.C.
2050 Main Street
Suite 900
Irvine, CA 92614
949.705.3000

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