Bohnel et al v. Jetblue Airways Corporation

Filing 22

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/2018. (Washington, S) Modified on 12/6/2018 (Washington, S).

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STEVEN RAFFAELE (pro hac vice)
SARAH G. PASSERI (pro hac vice)
HOLLAND & KNIGHT LLP
31 West 52nd Street
New York, NY 10019
Telephone [phone]
Facsimile 212.385.9010
E-mail: [e-mail]
[e-mail]
SHELLEY G. HURWITZ (SBN 217566)
HOLLAND & KNIGHT LLP
400 South Hope Street, 8th Floor
Los Angeles, California 90071
Telephone [phone]
Facsimile 213.896.2450
E-mail: [e-mail]
Attorneys for Defendant
JETBLUE AIRWAYS CORPORATION,
a Delaware corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ERICKA BOHNEL; ROSA
MARTINEZ,
Plaintiffs,

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vs.
JETBLUE AIRWAYS
CORPORATION,
Defendant.

) CASE NO. 18-CV-00081-WBS-DMC
)
)
) STIPULATED PROTECTIVE
) ORDER
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STIPULATED PROTECTIVE ORDER

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IT IS HEREBY STIPULATED AND AGREED by and between the parties

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hereto, Plaintiffs ERICKA BOHNEL and ROSA MARTINEZ, and Defendant

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JETBLUE AIRWAYS CORPORATION, by their undersigned counsel, that the

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following procedures shall govern the production and exchange of all Confidential

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documents, testimony, interrogatories and other information produced, given or

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exchanged in the course of the above-entitled action (the "Action"). Nothing in this

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Protective Order shall be deemed to waive any right a person otherwise might have

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to obtain information, to oppose production of documents or information on any

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ground, or to object to the introduction of evidence on any ground. In addition,

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nothing in this Protective Order shall be deemed to authorize or preclude the

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disclosure of Sensitive Security Information ("SSI") in any form, including, but not

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limited to, documents and oral testimony.

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1.

For the purposes of the Protective Order,
(a)

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The term "document" includes, without limitation, (i)

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interrogatory answers, (ii) requests to admit and responses thereto, (iii)

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documents produced by any party or non-party in the Action, (iv) deposition

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transcripts and exhibits, (v) any portion of any papers, including Court papers,

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that quote from or summarize any of the foregoing, and (vi) audio recordings.

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Without limitation, the term "document(s)" includes all originals (or copies if

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the original is unavailable), non-identical copies, drafts and revisions.
(b)

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2.

The term "person" means any party, individual, or entity.

Any person subject to discovery in the Action ("Producing Party") may,

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in good faith, designate non-public business, financial, trade secret, or proprietary

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information, or confidential research, development, personal or commercial and

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personal information as "Confidential" (by stamping the relevant pages or otherwise)

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thus rendering that document subject to protection. Documents designated as

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"Confidential," the information contained therein, and any notes or other documents

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quoting from or summarizing such materials are hereinafter referred to as

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"Confidential Information."

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3.

A Producing Party shall designate for confidential treatment only

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documents, items or information which the Producing Party believes in good faith

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contain material constituting any non-public business, financial, trade secret,

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proprietary information, confidential research, or medical, financial, personal, or

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commercial information.

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4.

If a Producing Party inadvertently produces any confidential materials

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without the appropriate designation, the Producing Party may furnish a substitute

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copy properly designated along with written notice to all parties that such

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information is deemed Confidential Information. Any receiving party must replace

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the undesignated original and any and all copies (either in its possession or

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previously sent to any third parties) with the substitute copy and return the original

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and any such copies to the Producing Party within fourteen (14) days of receipt of

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the substitute copy.

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5.

If any non-party produces discovery materials and does not designate

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them "Confidential," any party may seek to have such materials so designated if it

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in good faith believes such designation is necessary, either by requesting that the

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non-party producing the materials designate such materials "Confidential" or by

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requesting that the opposing party or parties agree to such designation, or by seeking

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an order of the Court. No penalty or duty shall be imposed upon a receiving party

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who has disclosed a document that is subsequently designated by the Producing

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Party as "Confidential" if the disclosure predates the "Confidential" designation.

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However, the Producing Party will make reasonable efforts to ensure the return of

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documents it disclosed prior to such designation being made.

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6.

Nothing in Paragraph 5, above, or elsewhere in this Protective Order,

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shall be construed as precluding the right of any party to seek relief from the Court

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precluding the disclosure of materials received from third parties or requiring that

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such materials be designated "Confidential" prior to their production. Subject to the

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express provisions of this Paragraph and Paragraph 5, supra, nothing herein shall

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impose any restrictions on the use or disclosure by a party or witness of documents

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or information obtained through discovery proceedings between the parties in this

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action which have also been obtained lawfully by a party or witness from an

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independent source.

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7.

If any party objects to the designation of any document as

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"Confidential" the party shall state the objection in writing to counsel for the party

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or non-party making the designation within fifteen (15) business days of receipt of

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the document(s) in question. The party or non-party designating the material as

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Confidential shall then provide a written explanation as to why the material is

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believed to be Confidential within five (5) business days of receipt of any such

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objection. If the parties are unable to resolve the objection, any party may move the

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Court to do so. The materials so designated shall remain Confidential pending

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resolution of the objection. The party or non-party who designated the discovery

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material as Confidential shall have the burden of establishing confidentiality.

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8.

This Protective Order may only be modified in writing, signed by

counsel for all parties.
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The attorneys of record are responsible for employing reasonable

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measures to control, consistent with this Protective Order, duplication of, access to,

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and distribution of copies of Confidential Information.

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10.

Confidential Information shall be used by the receiving party solely for

the purposes of investigating, preparing for and/or conducting litigation in the Action

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and any resulting appellate proceedings and in a manner consistent with this

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Protective Order.

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11.

The inadvertent production of privileged information, whether

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designated "Confidential" or bearing no designation shall not constitute a waiver of

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any applicable privilege. Any party or non-party receiving produced privileged

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material must return such material to the Producing Party immediately upon request.

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Nothing in this paragraph, however, shall be construed as preventing the party to

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which assertedly privileged information was produced from seeking to reobtain such

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information by arguing that it is not privileged.

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The inadvertent production of materials containing SSI shall be

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returned immediately upon request by Defendant or by the Transportation Security

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Administration ("TSA"). Nothing in this paragraph, however, shall prevent any party

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from moving the Court for or petitioning the TSA for the disclosure of these

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materials.

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13.

All materials designated as "Confidential" shall not be disclosed

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directly or indirectly by the person receiving such materials to persons or entities

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other than:

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(a)

subject to the provisions of paragraph 20, the Court, persons

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employed by the Court, the jury, or stenographers transcribing the testimony

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or argument at a hearing, trial, or deposition in the Action or any appeal

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therefrom;

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(b)

the parties to the Action or their authorized agent/representative,

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or any officer, director or employee of the parties to this Action or of the

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parties' authorized agent/representative, to the extent necessary for the

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prosecution or defense of this Action;

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(c)

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counsel to the parties in the Action (including in-house counsel

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of the parties or their agents/representatives), or such counsel's clerical,

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paralegal, and secretarial staff;
(d)

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any subsequently joined party or officer, director or employee of

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any subsequently joined party, provided that such subsequently joined party

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signs an undertaking in the form attached hereto as Exhibit A agreeing to be

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bound by the Protective Order;
(e)

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any person reflected as an author, addressee, or recipient of the

materials being disclosed or any person who received the materials in the
ordinary course of business;
(f)

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any non-party trial witness or non-party deposition witness,

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provided that such witness signs an undertaking in the form attached hereto

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as Exhibit A agreeing to be bound by the Protective Order; and
(g)

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experts consulted by counsel in connection with these

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proceedings to allow such experts to prepare a written opinion, to prepare to

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testify, or to assist counsel in the prosecution or defense of the Action. Any

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expert(s) who receives material designated as "Confidential" must sign an

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undertaking in the form of Exhibit A attached agreeing to be bound by the

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Protective Order.

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14.

If any party desires to provide Confidential Information or materials to

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any person(s) not set forth in Paragraphs 13 above, and if the parties cannot resolve

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the matter consensually, the party requesting disclosure shall make an appropriate

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application to the Court. Any third party not included in Paragraph 13 above must

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review and sign Exhibit A attached hereto before any material designated as

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"Confidential" is made available to that person.

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15.

Nothing herein shall prevent any party from seeking relief from the

Court for an order modifying the terms and/or provisions of this Protective Order.
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16.

If, at any time, any Confidential Information in the possession, custody

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or control of any person or party other than the person or party who originally

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produced such Confidential Information is subpoenaed or requested by any court,

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administrative agency, legislative body, the recipient of the subpoena or request

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immediately shall promptly notify the designating party in writing and include a

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copy of the subpoena or court order; promptly notify in writing the party who caused

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the subpoena or order to issue in the other litigation that some or all of the material

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covered by the subpoena or order is subject to this agreement; and cooperate with

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respect to all reasonable procedures sought to be pursued by the designating party

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whose Confidential Information may be affected. Such notification shall include a

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copy of this agreement. The receiving party or recipient of the subpoena or request

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shall not produce the Confidential Information unless and until the parties resolve

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the issue or the Court in this Action orders the production of Confidential

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Information.

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17.

Before filing confidential material or discussing or referencing such

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material in court filings, the filing party shall confer with the designating party to

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determine whether the designating party will remove the confidential designation,

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whether the document can be redacted, or whether a motion to seal or stipulation and

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proposed order is warranted. If a party desires to protect confidential information at

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trial, the issue should be addressed during the pre-trial conference or in a motion

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18.

Any party who intends to file papers containing documents or

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information designated by an opposing party as "Confidential" or derived from

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documents or information designated by an opposing party as "Confidential" must

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comply with any rules governing the filing of papers under seal, absent agreement

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of the parties regarding such use. Nothing in this Protective Order shall be construed

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to prohibit a party from objecting to the sealing of such documents, information, or

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material at the time of the filing or anytime thereafter.

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19.

Nothing herein shall be construed to affect in any way the admissibility

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of any document, testimony or other evidence at the trial in the Action. Nothing

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herein shall be construed to limit in any way any party's use of its own Confidential

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Information, or a party's subsequent waiver of its own prior designation with respect

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to its own Confidential Information.

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20.

The parties may either identify on the record, during the deposition or

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other pretrial proceeding, all protected testimony, or may so designate such

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testimony after reviewing the transcript. Any party may, within thirty days after

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receiving a deposition transcript, designate portions of the transcript, or exhibits

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thereto, as Confidential.
21.

Neither the termination of the Action nor the termination of

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employment of any person who has had access to any Confidential Information shall

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relieve such person from the obligation of maintaining the confidentiality of such

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information.

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22.

Within sixty (60) days after termination of the Action, all actions

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stemming from the underlying incident in which Plaintiffs' counsel is a participant,

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or any appeal therefrom, counsel shall return all Confidential Information and copies

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to counsel for the producing party or non-party, or in lieu thereof, certify in writing

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that such Confidential Information has been destroyed. The Court shall retain

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jurisdiction for all purposes in connection with this paragraph. Notwithstanding this

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provision, counsel are entitled to retain one archival copy of all documents filed with

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the court, trial, deposition, and hearing transcripts, correspondence, deposition and

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trial exhibits, expert reports, attorney work product, and consultant and expert work

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product provided that documents designated as Confidential may not be kept by any

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party under any circumstances, nor may any Confidential Information be disclosed

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or otherwise used in any other action.

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Dated:

November 8, 2018

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HOLLAND & KNIGHT LLP

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___/s/ Shelley Hurwitz_________________
Shelley G. Hurwitz
Steven Raffaele
Sarah G. Passeri
Attorneys for Defendant
JetBlue Airways Corporation

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Dated:

November 8, 2018
FRIEDMAN RUBIN PLLP

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__/s/ Rachel Luke_____________________
Rachel Luke
Alisa Brodkowitz
Rachel Luke
Attorneys for Plaintiffs in the Hill Matter
and the Bohnel Matter

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IT IS SO ORDERED.

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Dated: December 6, 2018

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____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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CONFIDENTIALITY ACKNOWLEDGMENT

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I, ________________, hereby acknowledge that: (i) I have read the foregoing

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Protective Order, dated November __, 2018 (the "Protective Order"), which I am

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informed has been executed by the attorneys for the parties in the action presently

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pending in the United States District Court for the Eastern District of California,

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entitled Bohnel, et al. v. JetBlue Airways Corporation, Case No. 18-cv-00081 (the

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"Action"); (ii) I understand the terms of the Protective Order; (iii) I agree, upon the

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potential penalty of contempt and other civil remedies under the laws of the United

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States, to be bound by the terms of the Protective Order and will not reveal

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Confidential Information to anyone, except as allowed by the Protective Order; (iv)

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I understand that all Confidential Information and copies thereof shall be maintained

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in a secure manner and shall be returned no later than sixty (60) days after the

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termination of this action or any appeal therefrom to the counsel for the party or

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other person who provided such Confidential Information to me; and (v) I submit

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my person to the jurisdiction of the United States District Court for the Eastern

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District of California, for the limited purpose of securing compliance with the terms

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and conditions of the Protective Order.

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DATED: ______________________

_______________________________
(Signature)

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NAME: ______________________________

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BUSINESS ADDRESS:

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__________________________________________________

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