Donna Dosik v. Delta Air Lines, Inc.

Filing 15

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen E. Scott re Stipulation for Protective Order 14 . See document for details. (es)

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1 CDF LABOR LAW LLP Dawn M. Irizarry, State Bar No. 223303 2 Osaama Saifi, State Bar No. 309172 3 707 Wilshire Boulevard, Suite 5150 4 Los Angeles, CA 90017 Telephone: (213) 612-6300 5 Attorneys for Defendant 6 DELTA AIR LINES, INC. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DONNA DOSIK, an Individual;, 12 vs. Plaintiff, 13 DELTA AIR LINES INC., a Delaware 14 corporation; and DOES 1-50;, Defendant. 15 ) ) ) ) ) ) ) ) ) ) Case No. 8:24-cv-00421 JWH (KESx) STIPULATED PROTECTIVE ORDER Action Filed: January 29, 2024 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 4874-3989-8051.1 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve confidential airline safety information, 13 proprietary information, and/or private information related to third parties for which 14 special protection from public disclosure and from use for any purpose other than 15 prosecution of this action is warranted. Such confidential and proprietary materials 16 and information consist of, among other things, confidential business or financial 17 information, information regarding confidential business policies and/or practices, or 18 other confidential research, development, or commercial information (including 19 information implicating privacy rights of third parties), private information related to 20 third parties, information otherwise generally unavailable to the public, or which may 21 be privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the parties that information STIPULATED PROTECTIVE ORDER 2 4874-3989-8051.1 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public manner, and there is good cause why it should not be part of the public 4 record of this case. 5 2. DEFINITIONS 6 2.1 Action: Donna Dosik v. Delta Air Lines Inc., Case No.: 8:24-cv-00421 7 JWH (KESx) 8 2.2 Challenging Party: A Party or Non-Party that challenges the 9 designation of information or items under this Order. 10 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 13 Good Cause Statement. 14 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as 15 their support staff). 16 2.5 Designating Party: A Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: All items or information, regardless 20 of the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated in disclosures or responses to discovery in this matter. 23 2.7 Expert: A person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as 25 an expert witness or as a consultant in this Action. 26 2.8 In-House Counsel: Attorneys who are employees of a party to this 27 Action. In-House Counsel does not include Outside Counsel of Record or any other 28 outside counsel. 3 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER 2.9 1 Non-Party: Any natural person, partnership, corporation, association or 2 other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: Attorneys who are not employees of a 3 4 party to this Action but are retained to represent or advise a party to this Action and 5 have appeared in this Action on behalf of that party or are affiliated with a law firm 6 that has appeared on behalf of that party, and includes support staff. 2.11 Party: Any party to this Action, including all of its officers, directors, 7 8 employees, consultants, retained experts, In-House and Outside Counsel of Record 9 (and their support staffs). 2.12 Producing Party: A Party or Non-Party that produces Disclosure or 10 11 Discovery Material in this Action. 2.13 Professional Vendors: Persons or entities that provide litigation support 12 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 2.14 Protected Material: Any Disclosure or Discovery Material that is 16 17 designated as “CONFIDENTIAL.” 2.15 Receiving Party: A Party that receives Disclosure or Discovery 18 19 Material from a Producing Party. 20 3. 21 22 23 24 25 Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 26 27 28 SCOPE The protections conferred by this Stipulation and Order cover not only trial judge. This Order does not govern the use of Protected Material at trial. 4. DURATION 4 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER FINAL DISPOSITION of the action is defined to be the latter of (1) dismissal 1 2 of all claims and defenses in this Action, with or without prejudice; and (2) final 3 judgment herein after the completion and exhaustion of all appeals, rehearings, 4 remands, trials, or reviews of this Action, including the time limits for filing any 5 motions or applications for extension of time pursuant to applicable law. Even after 6 FINAL DISPOSITION of this litigation, the confidentiality obligations imposed by 7 this Stipulated Protective Order shall remain in effect until a Designating Party 8 agrees otherwise in writing. Once a case proceeds to trial, information that was designated as 9 10 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 11 as an exhibit at trial becomes public and will be presumptively available to all 12 members of the public, including the press, unless compelling reasons supported by 13 specific factual findings to proceed otherwise are made to the trial judge in advance 14 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 15 showing for sealing documents produced in discovery from “compelling reasons” 16 standard when merits-related documents are part of court record). Accordingly, for 17 such materials, the terms of this protective order do not extend beyond the 18 commencement of the trial. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection under 22 this Order must take care to limit any such designation to specific material that 23 qualifies under the appropriate standards. The Designating Party must designate for 24 protection only those parts of material, documents, items or oral or written 25 communications that qualify so that other portions of the material, documents, items 26 or communications for which protection is not warranted are not swept unjustifiably 27 within the ambit of this Order. 28 5 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER 1 Mass, indiscriminate or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating 5 Party to sanctions. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic documents, 13 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 14 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 15 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 16 portion of the material on a page qualifies for protection, the Producing Party also 17 must clearly identify the protected portion(s) (e.g., by making appropriate markings 18 in the margins). 19 A Party or Non-Party that makes original documents available for inspection 20 need not designate them for protection until after the inspecting Party has indicated 21 which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this Order. Then, before 26 producing the specified documents, the Producing Party must affix the 27 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 28 portion of the material on a page qualifies for protection, the Producing Party also STIPULATED PROTECTIVE ORDER 6 4874-3989-8051.1 1 must clearly identify the protected portion(s) (e.g., by making appropriate markings 2 in the margins). (b) for testimony given in depositions that the Designating Party identifies the 3 4 Disclosure or Discovery Material on the record, before the close of the deposition all 5 protected testimony. (c) for information produced in some form other than documentary and for 6 7 any other tangible items, that the Producing Party affix in a prominent place on the 8 exterior of the container or containers in which the information is stored the legend 9 “CONFIDENTIAL.” If only a portion or portions of the information warrants 10 protection, the Producing Party, to the extent practicable, shall identify the protected 11 portion(s). 5.3 12 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive the 14 Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process under Local Rule 37.1 et seq. 24 6.3 The burden of persuasion in any such challenge proceeding shall be on 25 the Designating Party. Frivolous challenges, and those made for an improper 26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating 28 Party has waived or withdrawn the confidentiality designation, all parties shall STIPULATED PROTECTIVE ORDER 7 4874-3989-8051.1 1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below (FINAL 11 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 16 otherwise ordered by the court or permitted in writing by the Designating Party, a 17 Receiving Party may disclose any information or item designated 18 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 20 well as employees of said Outside Counsel of Record to whom it is reasonably 21 necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of 22 23 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 24 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff; 8 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER (f) professional jury or trial consultants, mock jurors, and Professional 1 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or 4 5 a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in 6 7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 8 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 9 they will not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may be 13 separately bound by the court reporter and may not be disclosed to anyone except as 14 permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 15 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall 23 include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to 25 issue in the other litigation that some or all of the material covered by the subpoena 26 or order is subject to this Protective Order. Such notification shall include a copy of 27 this Stipulated Protective Order; and 28 (c) cooperate with respect to all reasonable procedures sought to be pursued STIPULATED PROTECTIVE ORDER 9 4874-3989-8051.1 1 by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 2 3 the subpoena or court order shall not produce any information designated in this 4 action as “CONFIDENTIAL” before a determination by the court from which the 5 subpoena or order issued, unless the Party has obtained the Designating Party’s 6 permission. The Designating Party shall bear the burden and expense of seeking 7 protection in that court of its confidential material and nothing in these provisions 8 should be construed as authorizing or encouraging a Receiving Party in this Action to 9 disobey a lawful directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a Non- 13 Party in this Action and designated as “CONFIDENTIAL.” Such information 14 produced by Non-Parties in connection with this litigation is protected by the 15 remedies and relief provided by this Order. Nothing in these provisions should be 16 construed as prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to 18 produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s 20 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 21 22 that some or all of the information requested is subject to a confidentiality agreement 23 with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 24 25 Protective Order in this Action, the relevant discovery request(s), and a reasonably 26 specific description of the information requested; and (3) make the information requested available for inspection by the Non- 27 28 Party, if requested. 10 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER (c) If the Non-Party fails to seek a protective order from this court within 14 1 2 days of receiving the notice and accompanying information, the Receiving Party may 3 produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 not produce any information in its possession or control that is subject to the 6 confidentiality agreement with the Non-Party before a determination by the court. 7 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 8 of seeking protection in this court of its Protected Material. 9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 11 Protected Material to any person or in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 14 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 15 persons to whom unauthorized disclosures were made of all the terms of this Order, 16 and (d) request such person or persons to execute the “Acknowledgment and 17 Agreement to Be Bound” that is attached hereto as Exhibit A. 18 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 19 PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other protection, 22 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 23 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 24 may be established in an e-discovery order that provides for production without prior 25 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 26 parties reach an agreement on the effect of disclosure of a communication or 27 information covered by the attorney-client privilege or work product protection, the 28 parties may incorporate their agreement in the stipulated protective order submitted STIPULATED PROTECTIVE ORDER 11 4874-3989-8051.1 1 to the court. 2 12. MISCELLANEOUS 3 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 4 person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 6 Protective Order, no Party waives any right it otherwise would have to object to 7 disclosing or producing any information or item on any ground not addressed in this 8 Stipulated Protective Order. Similarly, no Party waives any right to object on any 9 ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 11 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 12 only be filed under seal pursuant to a court order authorizing the sealing of the 13 specific Protected Material at issue. If a Party’s request to file Protected Material 14 under seal is denied by the court, then the Receiving Party may file the information 15 in the public record unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 After the FINAL DISPOSITION of this Action, as defined in paragraph 4, 18 within 60 days of a written request by the Designating Party, each Receiving Party 19 must return all Protected Material to the Producing Party or destroy such material. 20 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the 22 Protected Material. Whether the Protected Material is returned or destroyed, the 23 Receiving Party must submit a written certification to the Producing Party (and, if 24 not the same person or entity, to the Designating Party) by the 60 day deadline that 25 (1) identifies (by category, where appropriate) all the Protected Material that was 26 returned or destroyed and (2) affirms that the Receiving Party has not retained any 27 copies, abstracts, compilations, summaries or any other format reproducing or 28 capturing any of the Protected Material. Notwithstanding this provision, Counsel are STIPULATED PROTECTIVE ORDER 12 4874-3989-8051.1 1 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 2 and hearing transcripts, legal memoranda, correspondence, deposition and trial 3 exhibits, expert reports, attorney work product, and consultant and expert work 4 product, even if such materials contain Protected Material. Any such archival copies 5 that contain or constitute Protected Material remain subject to this Protective Order 6 as set forth in Section 4 (DURATION). 7 14. VIOLATION 8 Any violation of this Order may be punished by appropriate measures including, 9 without limitation, contempt proceedings and/or monetary sanctions. 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 June 3, 2024 /S/ Jonathan Melmed 13 DATED: _________________ _________________________ Jonathan Melmed Attorney for Plaintiff 14 15 16 17 June 3, 2024 DATED: ________________ ___________________________ Dawn M. Irizarry, Attorney for Defendant 18 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 June 4, 2024 _____________________________________ 22 DATED: ________________________ Karen E. Scott United States Magistrate Judge 23 24 25 26 27 28 13 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of Donna Dosik v. Delta Air Lines, Inc. Case No. 8:24-cv-00421 9 JWH (KESx). I agree to comply with and to be bound by all the terms of this 10 Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I 18 hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 14 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. 3 4 I, the undersigned, declare that I am employed in the aforesaid County, State 5 of California. I am over the age of 18 and not a party to the within action. My business address is 707 Wilshire Boulevard, Suite 5150, Los Angeles, CA 90017. 6 On June 3, 2024, I served upon the interested party(ies) in this action the following document described as: STIPULATED PROTECTIVE ORDER 7 By the following method: 8 Jonathan Melmed, Esq. Laura Supanich, Esq. 9 Michiko Vartanian, Esq. MELMED LAW GROUP P.C. 10 1801 Century Park East, Suite 850 Los Angeles, California 90067 11 Phone: (310) 824-3828 12 FAX: (310) 862-6851 E-MAIL:;; 13;; 14 For processing by the following method: 15 16 17 18 19 20 X via CM/ECF (registered): I hereby certify I electronically filed the abovereferenced document(s) and that they are available for viewing and downloading on the Court’s CM/ECF system, and that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 3, 2024, at Los Angeles, California. 21 22 23 Levon Baghdasaryan (Type or print name) (Signature) 24 25 26 27 28 15 4874-3989-8051.1 STIPULATED PROTECTIVE ORDER

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