Lolita Martinez v. Southwest Airlines Co. et al

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 16 . (kh)

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UNITED STATES DISTRICT COURT OF CALIFORNIA

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CENTRAL DISTRICT

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LOLITA MARTINEZ,

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

WORTHE HANSON & WORTHE
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Plaintiff,

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v.

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SOUTHWEST AIRLINES CO.; and DOES 1 to
20, Inclusive,

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Defendants.
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Case No. 8:16-CV-01713-AG-JCG

STIPULATED PROTECTIVE
ORDER

Complaint Filed: May 26, 2016
Trial Date: None

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BASED ON THE FOREGOING STIPULATION OF THE PARTIES, THE

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COURT FINDS THAT GOOD CAUSE EXISTS TO GRANT THE

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STIPULATED PROTECTIVE ORDER AS FOLLOWS:

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IT IS HEREBY ORDERED, pursuant to Stipulation, that:

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Disclosure and discovery activity in this action are likely to involve

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

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

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this litigation would be warranted. Accordingly, the parties hereby stipulate to and

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petition the Court to enter the following Stipulated Protective Order. SOUTHWEST

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and MARTINEZ (collectively, the "Parties") acknowledge that this Order does not
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PROTECTIVE ORDER

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confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords extends only to the limited information or items that are entitled

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under the applicable legal principles to treatment as confidential.
2.

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In connection with discovery and the trial of this action, the Parties may

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designate certain documents and testimony, or other information derived therefrom, as

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"Confidential" under the terms of this Stipulation and Stipulated Protective Order

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("Order").
3.

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"Confidential" information is information which has not been made

public and which concerns or relates to SOUTHWEST’s business practices and falls

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

within Federal Rule of Civil Procedure 26(c)(1)(G), including, but not limited to

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passenger name records, event reports, computer records, emails, flight manifests,

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passenger lists, boarding passes, contracts, policies, procedures, repair/maintenance

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logs, manuals.
4.

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GOOD CAUSE STATEMENT.
The Parties believe that the designation of certain documents as

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Confidential is necessary because there is significant risk in disclosing certain highly

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sensitive information beyond the purposes of this litigation. SOUTHWEST could be

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irreparably harmed if information designated as Confidential is divulged or somehow

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wrongly misused by the Parties or non-parties. The unfettered disclosure of the

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information, including but not limited to the filing of the documents in the public

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record, could be harmful to the commercial interests of SOUTHWEST. There is good

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cause to enter this Protective Order to ensure adequate protection against the wrongful

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use or disclosure of Protected Material, and to protect the value associated with the

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Protected Material. Any violation of the confidentiality obligations set forth in this

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Protective Order could be detrimental and prejudicial to one or more Parties. The

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Parties agree that the concerns set forth in this paragraph are asserted in good faith.

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5.

A party receiving ("Receiving Party") material protected under this
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PROTECTIVE ORDER

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agreement ("Protected Material") may use Protected Material disclosed or produced

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by another Party or by a non-party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation.

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By designating a document, testimony or other information derived

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therefrom as Protected Material labeled "Confidential" under the terms of this

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Stipulation and Protective Order, the Parties are certifying that there is a good faith

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basis both in law and in fact for the designation. Such "Confidential" materials shall

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be used solely in connection with this lawsuit, and not for any business, competitive,

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or governmental purpose or function, and such information shall not be disclosed to

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1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

WORTHE HANSON & WORTHE
th

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anyone except as provided herein.
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Except as otherwise provided in this Order, or as otherwise stipulated or

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ordered, material that qualifies for protection under this Order should be clearly

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designated as so before the material is disclosed or produced. Designation in

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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 party producing Protected

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material ("Producing Party") affix the legend "Confidential" on each page that

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contains protected material, or prominently on each electronic media that contains

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protected material.

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b.

for testimony given in deposition or in other pretrial proceedings,

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testimony taken at a deposition may be designated as "Confidential" by making a

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statement to that effect on the record at the deposition or other proceeding. Following

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the deposition, the party wishing to designate certain testimony as Protected Material

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("Designating Party") shall have 30 days, after the transcript becomes available, to

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identify the specific portions of the testimony as to which protection is sought. Only

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those portions of the testimony that are appropriately designated for protection within

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the 30 days shall be covered by the provisions of this Stipulated Protective Order.

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c.

for information produced in any other form, including any tangible
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PROTECTIVE ORDER

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items, that the Producing Party affix in a prominent place on the exterior of the

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container or containers in which the information or item is stored the legend

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"Confidential." If only portions of the information or item warrant protection, the

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Producing Party, to the extent practicable, shall identify the protected portions.

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Information or material produced which is designated as "Confidential"

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may be disclosed or made available only to the Court, to counsel for a party (including

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the paralegal, clerical, and secretarial staff employed by such counsel), and to the

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"qualified persons" designated below:
a.

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in-house counsel of a party, or an officer, director, or employee of a

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

party deemed necessary by counsel to aid in the prosecution, defense, or settlement of

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this action;
b.

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experts or consultants (together with their clerical staff) retained to

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assist in the prosecution, defense, or settlement of this action who sign an undertaking

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confirming that they have reviewed and agree to be bound by the terms of the

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protective order;

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c.

court reporter(s) employed in this action;

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d.

a witness at any proceeding in this action; and,

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e.

any other person as to whom the Disclosing Party agrees in writing.

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9.

Nothing herein shall impose any restrictions on the use or disclosure by a

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party of material obtained by such party independent of discovery in this action,

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whether or not such material is also obtained through discovery in this action, or from

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disclosing its own Protected Material as it deems appropriate.

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10.

In the event that any Protected Material is used in any proceeding in this

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action, it shall not lose its confidential status through such use, and the party using

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such shall take all reasonable steps to maintain its confidentiality during such use;

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however, this Paragraph does not apply where the Protected Material appears in the

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public record.

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11.

No document shall be filed under seal unless counsel secures a court order
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allowing the filing of a document under seal. An application to file a document under

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seal shall be served on opposing counsel, and on the person or entity that has custody

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and control of the document, if different from opposing counsel. If opposing counsel,

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or the person or entity who has custody and control of the document, wishes to oppose

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the application, he/she must contact the chambers of the judge who will rule on the

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application, to notify the judge’s staff that an opposition to the application will be

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filed.

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12.

This Stipulation is entered solely for the purpose of facilitating the

exchange of documents and information between the Parties to this action without

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

involving the Court unnecessarily in the process. Nothing in this Stipulation nor the

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production of any information or document under the terms of this Stipulation nor any

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proceedings pursuant to this Stipulation shall be deemed to have the effect of an

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admission or waiver by any party or of altering the confidentiality or

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non-confidentiality of any such document or information or altering any existing

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obligation of any party or the absence thereof. Neither the stipulation nor its contents,

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nor designation of a document as "Confidential," nor any party's objection or failure to

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object to such a designation is admissible as evidence for the purpose of proving or

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disproving any matter at issue in the litigation. Further, the Parties agree that the

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"Confidential" designation provided on documents for purposes of production under

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this Protective Order is not admissible for any purpose. In addition, the parties agree

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that the "Confidential" designation added pursuant to this Protective Order shall not

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appear on any trial exhibit or any other document shown to the jury.

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13.

Inadvertent production of privileged material, or the inadvertent failure to

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designate material as "Confidential,” does not waive the privileged or confidential

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status of the document or information.

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14.

If timely corrected, an inadvertent failure to designate qualified

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information or items as "Confidential" does not, standing alone, waive the Designating

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Party's right to secure protection under this Order for such material. If material is
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appropriately designated as "Confidential" after the material was initially produced,

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the Receiving Party, on timely notification of the designation, 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, and must immediately (a) notify in writing the Designating Party of any

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disclosures of such Protected Material, (b) use its best efforts to retrieve all copies of

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the Protected Material, and (c) inform the person or persons to whom disclosures were

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made of all the terms of this Order. If the designated documents have already been

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filed with the Court without the confidential designation, the Designating Party may

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move the court for filing of the document under seal.

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15.

Any party may challenge the confidentiality designation of the other party,

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

WORTHE HANSON & WORTHE
th

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but shall be required to maintain the confidentiality of the information unless and until

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a ruling issues designating that the information ought not be deemed "Confidential" or

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the Designating Party fails to seek a ruling on the confidentiality of the designated

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material, as set forth in detail in Paragraph 18.

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A party that elects to initiate a challenge to a Designating Party's

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confidentiality designation must begin the process by conferring directly with counsel

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for the Designating Party. In conferring, the challenging Party must explain the basis

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for its belief that the confidentiality designation was not proper and must give the

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Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the

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chosen designation.

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17.

If the parties are unable to resolve their dispute regarding the

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confidentiality of the designated material following the meet and confer process set

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forth in Paragraph 16, the Designating Party must, pursuant to Federal Rule of Civil

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Procedure 26, and the rules of this Court, file and serve a motion for a protective order

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that identifies the material designated as confidential and affirms that the moving

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party has complied with the meet and confer requirements imposed in the preceding

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paragraph. The Designating Party bears the burden of persuading the Court that the
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information is Confidential within the definition of that term set forth above.
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In the case of a dispute, the material designated as confidential will be

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deemed confidential until thirty (30) days following the start of the meet and confer

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process set forth in Paragraph 16. If the Designating Party files a motion for a

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protective order, as set forth in Paragraph 17, the designated material maintains its

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confidentiality designation until the court orders otherwise. If the Designating Party

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fails to file a motion for a protective order following the meet and confer process, after

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thirty days from the start of the meet and confer process, the material is no longer

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considered confidential.
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Upon written request, at the conclusion of this matter, the Parties hereby

1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

WORTHE HANSON & WORTHE
th

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agree to promptly return all copies of all Protected Material received; or, in the

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alternative, such parties may shred all copies of all such Protected Material and

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promptly send written confirmation from the other Party that it has complied with the

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terms of this Stipulation. Notwithstanding, Counsel shall be able to retain a copy of

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confidential information that has been submitted in a pleading or marked as an exhibit

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in a deposition.
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Even after the termination 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. This Court retains and shall

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have jurisdiction over the Parties, their attorneys and all recipients of discovery

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designated "Confidential" for the enforcement of the provisions of this Order

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following termination of this case, and/or to terminate all or some of the provisions of

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this Order on application by any party.
21.

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This Order shall not preclude a party from exercising any rights or raising

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any objections otherwise available to them under the rules of discovery and evidence.

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This Order shall be binding upon the Parties to this action, the attorneys

for each party and upon any recipient of discovery designated as "Confidential" and
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upon any successor, executor, personal representative, administrator, heir, legal

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representative, assignee, subsidiaries, division, employee, agent, independent

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contractor, or other person or legal entity over which any party or attorney or recipient

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of documents covered by this Order may have control.

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IT IS SO ORDERED.

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DATED: February 7, 2017

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JAY C. GANDHI
UNITED STATES MAGISTRATE JUDGE

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1851 E First Street, 9 Floor
Santa Ana, California 92705
Telephone: [phone]

WORTHE HANSON & WORTHE
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