Alani v. Alaska Airlines, Inc.

Filing 27

PROTECTIVE ORDER by Judge Alsup terminating 26 Motion for Protective Order (whalc2, COURT STAFF) (Filed on 12/13/2010)

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Alani v. Alaska Airlines, Inc. Doc. 27 Stuart W. Miller (CSB 127766) 1 Angela M. Corridan (CSB 257076) Davis Wright Tremaine LLP 2 505 Montgomery Street, Suite 800 San Francisco, California 94111-6533 3 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 4 Email: stuartmiller@dwt.com angelacorridan@dwt.com 5 Attorneys for Defendant and Counter-Claimant 6 ALASKA AIRLINES, INC. 7 Deborah C. England (CSB 122424) Attorney At Law 8 351 California Street, Suite 700 San Francisco, CA 94104 9 Telephone: (415) 434-9800 Facsimile: (415) 434-9230 10 Email: dcengland@earthlink.net DAVIS WRIGHT TREMAINE LLP 11 Attorneys for Plaintiff and Counter-Defendant ABDUL ALANI 12 13 14 15 16 ABDUL ALANI, 17 18 v. Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) Case No. CV-10-2766 WHA ) ) STIPULATED PROTECTIVE ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 19 ALASKA AIRLINES, INC.; CORPORATE DOES 1-20; and INDIVIDUAL DOES 21-40, 20 inclusive, 21 22 23 24 25 26 27 28 v. ABDUL ALANI, Counter-Defendant. ALASKA AIRLINES, INC., Counter-Claimant, Defendants. Dockets.Justia.com 1 1. 2 PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation would be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords extends only to the limited 8 information or items that are entitled under the applicable legal principles to treatment as 9 confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated 10 Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule DAVIS WRIGHT TREMAINE LLP 11 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied 12 when a party seeks permission from the court to file material under seal. 13 2. 14 DEFINITIONS 2.1 Party: any party to this action, including all of its officers, directors, employees, 15 consultants, retained experts, and outside counsel (and their support staff). 16 2.2 Disclosure or Discovery Material: all items or information, regardless of the medium 17 or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or 18 tangible things) that are produced or generated in disclosures or responses to discovery in this 19 matter. 20 2.3 "Confidential" Information or Items: information (regardless of how generated, 21 stored or maintained) or tangible things that a party in good faith believes constitutes or includes 22 proprietary business, financial, or personal information, or information furnished to it in confidence 23 by any third party, which information is not known or freely accessible to the general public. Good 24 faith also exists where the disclosure would violate the legitimate privacy interests of either party or 25 third parties. 26 2.4 "Highly Confidential Attorneys' Eyes Only" Information or Items: extremely 27 sensitive "Confidential Information or Items" whose disclosure to another Party or non-party would 28 create a substantial risk of serious injury that could not be avoided by less restrictive means. 2 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery 4 Material in this action. 5 2.7 Designating Party: a Party or non-party that designates information or items that it 6 produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential -- 7 Attorneys' Eyes Only." 8 2.8 Protected Material: any Disclosure or Discovery Material that is designated as 9 "Confidential" or as "Highly Confidential Attorneys' Eyes Only." 10 2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to DAVIS WRIGHT TREMAINE LLP 11 represent or advise a Party in this action. 12 13 2.10 2.11 House Counsel: attorneys who are employees of a Party. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their 14 support staffs). 15 2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to 16 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 17 consultant in this action and who is not a past or a current employee of a Party or of a competitor of 18 a Party's and who, at the time of retention, is not anticipated to become an employee of a Party or a 19 competitor of a Party's. This definition includes a professional jury or trial consultant retained in 20 connection with this litigation. 21 2.13 Professional Vendors: persons or entities that provide litigation support services 22 (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 23 storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 24 3. 25 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 26 defined above), but also any information copied or extracted therefrom, as well as all copies, 27 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 28 parties or counsel to or in court or in other settings that might reveal Protected Material. 3 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 4. 2 DURATION Even after the termination of this litigation, the confidentiality obligations imposed by this 3 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 4 otherwise directs. 5 5. 6 DESIGNATING PROTECTED MATERIAL Exercise of Restraint and Care in Designating Material for Protection. Each Party or non- 7 party that designates information or items for protection under this Order must take care to limit any 8 such designation to specific material that qualifies under the appropriate standards. A Designating 9 Party must take care to designate for protection only those parts of material, documents, items, or 10 oral or written communications that qualify so that other portions of the material, documents, DAVIS WRIGHT TREMAINE LLP 11 items, or communications for which protection is not warranted are not swept unjustifiably within 12 the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 14 to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily 15 encumber or retard the case development process, or to impose unnecessary expenses and burdens 16 on other parties), expose the Designating Party to sanctions. 17 If it comes to a Party's or a non-party's attention that information or items that it designated 18 for protection do not qualify for protection at all, or do not qualify for the level of protection initially 19 asserted, that Party or non-party must promptly notify all other parties that it is withdrawing the 20 mistaken designation. 21 5.1 Manner and Timing of Designations. Except as otherwise provided in this Order 22 (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material 23 that qualifies for protection under this Order must be clearly so designated before the material is 24 disclosed or produced. 25 26 Designation in conformity with this Order requires: (a) for information in documentary form (apart from transcripts of depositions or 27 other pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or 28 "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY" at the top of each page that contains 4 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 protected material. If only a portion or portions of the material on a page qualifies for protection, 2 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 markings in the margins) and must specify, for each portion, the level of protection being asserted 4 (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY"). 5 A Party or non-party that makes original documents or materials available for inspection 6 need not designate them for protection until after the inspecting Party has indicated which material it 7 would like copied and produced. During the inspection and before the designation, all of the 8 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL 9 ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants 10 copied and produced, the Producing Party must determine which documents, or portions thereof, DAVIS WRIGHT TREMAINE LLP 11 qualify for protection under this Order, then, before producing the specified documents, the 12 Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY 13 CONFIDENTIAL ATTORNEYS' EYES ONLY") at the top of each page that contains Protected 14 Material. If only a portion or portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 16 markings in the margins) and must specify, for each portion, the level of protection being asserted 17 (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY"). 18 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 19 the Party or non-party offering or sponsoring the testimony identify on the record, before the close 20 of the deposition, hearing, or other proceeding, all protected testimony, and further specify any 21 portions of the testimony that qualify as "HIGHLY CONFIDENTIAL ATTORNEYS' EYES 22 ONLY." When it is impractical to identify separately each portion of testimony that is entitled to 23 protection, and when it appears that substantial portions of the testimony may qualify for protection, 24 the Party or non-party that sponsors, offers, or gives the testimony may invoke on the record (before 25 the deposition or proceeding is concluded) a right to have up to 20 days to identify the specific 26 portions of the testimony as to which protection is sought and to specify the level of protection 27 being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' EYES 28 ONLY"). Only those portions of the testimony that are appropriately designated for protection 5 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 within the 20 days shall be covered by the provisions of this Stipulated Protective Order. 2 Transcript pages containing Protected Material must be separately bound by the court 3 reporter, who must affix to the top of each such page the legend "CONFIDENTIAL" or "HIGHLY 4 CONFIDENTIAL ATTORNEYS' EYES ONLY," as instructed by the Party or non-party offering 5 or sponsoring the witness or presenting the testimony. 6 (c) for information produced in some form other than documentary, and for any 7 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 8 container or containers in which the information or item is stored the legend "CONFIDENTIAL" or 9 "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY." If only portions of the information 10 or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected DAVIS WRIGHT TREMAINE LLP 11 portions, specifying whether they qualify as "Confidential" or as "Highly Confidential Attorneys' 12 Eyes Only." 13 5.2 Inadvertent Failures to Designate. If corrected immediately upon discovery by the 14 designating party of the need to designate information as confidential, an inadvertent failure to 15 designate qualified information or items as "Confidential" or "Highly Confidential Attorneys' 16 Eyes Only" does not, standing alone, waive the Designating Party's right to secure protection under 17 this Order for such material. If material is appropriately designated as "Confidential" or "Highly 18 Confidential Attorneys' Eyes Only" after the material was initially produced, the Receiving Party, 19 on timely notification of the designation as described above, must make reasonable efforts to assure 20 that the material is treated in accordance with the provisions of this Order. 21 6. 22 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's 23 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 24 economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive 25 its right to challenge a confidentiality designation by electing not to mount a challenge promptly 26 after the original designation is disclosed. 27 28 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating Party's confidentiality designation must do so in good faith and must begin the process by conferring 6 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel 2 for the Designating Party. In conferring, the challenging Party must explain the basis for its belief 3 that the confidentiality designation was not proper and must give the Designating Party an 4 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 5 designation is offered, to explain the basis for the chosen designation. A challenging Party may 6 proceed to the next stage of the challenge process only if it has engaged in this meet and confer 7 process first. 8 6.3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality 9 designation after considering the justification offered by the Designating Party may file and serve a 10 motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) that DAVIS WRIGHT TREMAINE LLP 11 identifies the challenged material and sets forth in detail the basis for the challenge. Each such 12 motion must be accompanied by a competent declaration that affirms that the movant has complied 13 with the meet and confer requirements imposed in the preceding paragraph and that sets forth with 14 specificity the justification for the confidentiality designation that was given by the Designating 15 Party in the meet and confer dialogue. 16 The burden of persuasion in any such challenge proceeding shall be on the Designating 17 Party. Until the court rules on the challenge, all parties shall continue to afford the material in 18 question the level of protection to which it is entitled under the Producing Party's designation. 19 7. 20 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 21 produced by another Party or by a non-party in connection with this case only for prosecuting, 22 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 23 the categories of persons and under the conditions described in this Order. When the litigation has 24 been terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL 25 DISPOSITION). 26 Protected Material must be stored and maintained by a Receiving Party at a location and in a 27 secure manner that ensures that access is limited to the persons authorized under this Order. 28 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered 7 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 2 information or item designated CONFIDENTIAL only to: 3 (a) the Receiving Party's Outside Counsel of record in this action, as well as 4 employees of said Counsel to whom it is reasonably necessary to disclose the information for this 5 litigation and who have signed the "Agreement to Be Bound by Protective Order" that is attached 6 hereto as Exhibit A; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 9 the "Agreement to Be Bound by Protective Order" (Exhibit A); 10 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure DAVIS WRIGHT TREMAINE LLP 11 is reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 12 Protective Order" (Exhibit A); 13 14 (d) (e) the Court and its personnel; court reporters, their staffs, and professional vendors to whom disclosure is 15 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 16 Protective Order" (Exhibit A); 17 (f) during their depositions, witnesses in the action to whom disclosure is 18 reasonably necessary and who have signed the "Agreement to Be Bound by Protective Order" 19 (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal 20 Protected Material must be separately bound by the court reporter and may not be disclosed to 21 anyone except as permitted under this Stipulated Protective Order. 22 23 24 7.3 (g) the author of the document or the original source of the information. Disclosure of "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY" Information or Items. Unless otherwise ordered by the court or permitted in writing by the 25 Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY 26 CONFIDENTIAL ATTORNEYS' EYES ONLY" only to: 27 28 (a) the Receiving Party's Outside Counsel of record in this action and House Counsel, as well as employees of Outside Counsel to whom it is reasonably necessary to disclose 8 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 the information for this litigation and who have signed the "Agreement to Be Bound by Protective 2 Order" that is attached hereto as Exhibit A; 3 (b) Experts (as defined in this Order) (1) to whom disclosure is reasonably 4 necessary for this litigation, (2) who have signed the "Agreement to Be Bound by Protective Order" 5 (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have been 6 followed]; 7 8 (c) (d) the Court and its personnel; court reporters, their staffs, and professional vendors to whom disclosure is 9 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 10 Protective Order" (Exhibit A); and DAVIS WRIGHT TREMAINE LLP 11 12 7.4 (e) the author of the document or the original source of the information. Procedures for Approving Disclosure of "HIGHLY CONFIDENTIAL 13 ATTORNEYS' EYES ONLY" Information or Items to "Experts" 14 (a) Unless otherwise ordered by the court or agreed in writing by the Designating 15 Party, a Party that seeks to disclose to an "Expert" (as defined in this Order) any information or item 16 that has been designated "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY" first must 17 make a written request to the Designating Party that (1) identifies the specific HIGHLY 18 CONFIDENTIAL information that the Receiving Party seeks permission to disclose to the Expert, 19 (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) 20 attaches a copy of the Expert's current resume, (4) identifies the Expert's current employer(s), (5) 21 identifies each person or entity from whom the Expert has received compensation for work in his or 22 her areas of expertise or to whom the expert has provided professional services at any time during 23 the preceding five years, and (6) identifies (by name and number of the case, filing date, and 24 location of court) any litigation in connection with which the Expert has provided any professional 25 services during the preceding five years. 26 (b) A Party that makes a request and provides the information specified in the 27 preceding paragraph may disclose the subject Protected Material to the identified Expert unless, 28 within seven court days of delivering the request, the Party receives a written objection from the 9 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 Designating Party. Any such objection must set forth in detail the grounds on which it is based. 2 (c) A Party that receives a timely written objection must meet and confer with the 3 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement. 4 If no agreement is reached, the Party seeking to make the disclosure to the Expert may file a motion 5 as provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) 6 seeking permission from the court to do so. Any such motion must describe the circumstances with 7 specificity, set forth in detail the reasons for which the disclosure to the Expert is reasonably 8 necessary, assess the risk of harm that the disclosure would entail and suggest any additional means 9 that might be used to reduce that risk. In addition, any such motion must be accompanied by a 10 competent declaration in which the movant describes the parties' efforts to resolve the matter by DAVIS WRIGHT TREMAINE LLP 11 agreement (i.e., the extent and the content of the meet and confer discussions) and sets forth the 12 reasons advanced by the Designating Party for its refusal to approve the disclosure. 13 In any such proceeding the Party opposing disclosure to the Expert shall bear the burden of 14 proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 15 outweighs the Receiving Party's need to disclose the Protected Material to its Expert. 16 8. 17 18 If a Receiving Party is served with a subpoena or an order issued in other litigation that PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. 19 would compel disclosure of any information or items designated in this action as 20 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY," the 21 Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 22 and in no event more than three court days after receiving the subpoena or order. Such notification 23 must include a copy of the subpoena or court order. 24 The Receiving Party also must immediately inform in writing the Party who caused the 25 subpoena or order to issue in the other litigation that some or all the material covered by the 26 subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 27 deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 28 caused the subpoena or order to issue. 10 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 The purpose of imposing these duties is to alert the interested parties to the existence of this 2 Protective Order and to afford the Designating Party in this case an opportunity to try to protect its 3 confidentiality interests in the court from which the subpoena or order issued. The Designating 4 Party shall bear the burdens and the expenses of seeking protection in that court of its confidential 5 material and nothing in these provisions should be construed as authorizing or encouraging a 6 Receiving Party in this action to disobey a lawful directive from another court. 7 9. 8 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 9 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 10 the Receiving Party must immediately (a) notify in writing the Designating Party of the DAVIS WRIGHT TREMAINE LLP 11 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) 12 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 13 Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to 14 Be Bound" that is attached hereto as Exhibit A. 15 16 17 18 19 20 11. FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the Producing 10. FILING PROTECTED MATERIAL. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. 21 Party, within sixty days after the final termination of this action, each Receiving Party must return 22 all Protected Material to the Producing Party. As used in this subdivision, "all Protected Material" 23 includes all copies, abstracts, compilations, summaries or any other form of reproducing or 24 capturing any of the Protected Material. With permission in writing from the Designating Party, the 25 Receiving Party may destroy some or all of the Protected Material instead of returning it. Whether 26 the Protected Material is returned or destroyed, the Receiving Party must submit a written 27 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 28 by the sixty day deadline that identifies (by category, where appropriate) all the Protected Material 11 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 that was returned or destroyed and that affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or other forms of reproducing or capturing any of the Protected 3 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 4 pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney work product, 5 even if such materials contain Protected Material. Any such archival copies that contain or 6 constitute Protected Material remain subject to this Protective Order as set forth in Section 4 7 (DURATION), above. 8 12. 9 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 10 seek its modification by the Court in the future. DAVIS WRIGHT TREMAINE LLP 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, 12 no Party waives any right it otherwise would have to object to disclosing or producing any 13 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 14 Party waives any right to object on any ground to use in evidence of any of the material covered by 15 this Protective Order. 16 17 18 Dated: December_9, 2010 19 DAVIS WRIGHT TREMAINE LLP 20 21 By: 22 Attorneys for Defendant and Counter-Claimant 23 ALASKA AIRLINES, INC. 24 25 26 27 28 12 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Respectfully submitted, Dated: December __, 2010 DEBORAH C. ENGLAND, ATTORNEY AT LAW By: /s/ Deborah C. England Deborah C. England /s/ Stuart W. Miller Stuart W. Miller Attorneys for Plaintiff and CounterDefendant ABDUL ALANI Except that, in clauses 6.3 and 7.4(c), the parties shall comply with the standing order at Dkt. No. 19 25, PURSUANT TO STIPULATION, IT IS SO ORDERED. 1 DATED: 2 3 4 5 6 7 8 9 10 December 13, 2010. ___ William H. Alsup United States District Court Judge DAVIS WRIGHT TREMAINE LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER Case No. CV-10-2766 WHA DWT 16045436v1 0017572-000078 1 2 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ___________________ [print or type full name], of ________________ [print or type full 4 address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Northern 6 District of California on [date] in the case of Abdul Alani v. Alaska Airlines, Inc., Case No. CV-107 2766 WHA. I agree to comply with and to be bound by all the terms of this Stipulated Protective 8 Order and I understand and acknowledge that failure to so comply could expose me to sanctions and 9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 10 information or item that is subject to this Stipulated Protective Order to any person or entity except DAVIS WRIGHT TREMAINE LLP 11 in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 14 Order, even if such enforcement proceedings occur after termination of this action. 15 I hereby appoint ____________________ [print or type full name] of ________________ 16 [print or type full address and telephone number] as my California agent for service of process in 17 connection with this action or any proceedings related to enforcement of this Stipulated Protective 18 Order. 19 20 Date: 21 City and State where sworn and signed: 22 Printed Name: 23 24 25 26 27 28 Signature: [signature] [printed name] DWT 16045436v1 0017572-000078

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