Orlando v. American Airlines Inc.

Filing 26

STIPULATED PROTECTIVE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 4/30/18. (fs, COURT STAFF) (Filed on 4/30/2018)

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ARTHUR I. WILLNER, State Bar No. 118480
awillner leaderberkon.com
LEA E
BE
LLP
660 South Figueroa Street Suite 1150
Los Angeles CA 90017
Telephone: [phone]
_ acsnnile: [phone]

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A TIORNEYS FOR DEFENDANTS
AMERICAN AIRLINES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIANO ORLANDO,

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Plaintiff,
vs.

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Case No. 17-cv-05943-YGR

STIPULATED PROTECTIVE
ORDER

AMERICAN AIRLINES, INC.,

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Defendant.

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Complaint Filed: 10/18/2017

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1.

PURPOSES AND L:UvUTATIONS
Disclosure and discovery activity in this action involves production of confidential,

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proprietary, or private information, specifically American Airline's Insurance Policy, for which

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

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litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to

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enter the following Stipulated Protective Order solely for American Airlines, Inc.'s Insurance

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Policy. The parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public disclosure and

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LB222624
STIPULATED PROTECTIVE ORDER.

MARIANO ORLANDO vs. AMERICAN AIRLINES, INC.
Case No.4: 17-cv~05-943-DMR

use extends only to the limited infonnation or items that are entitled to confidential treatment under
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the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

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that this Stipulated Protective Order does not entitle them to file confidential information under

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seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

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

information or items under this Order.
2.2

"CONFIDENTIAL' lnfom1ation or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

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Civil Procedure 26(c).

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2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

as their support staff).
2.4

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

produces in disclosures or in responses to discovery as "CONFIDENTIAL."
2.5

Disclosure or Discovety Material: all items or infonnation, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among other things,

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testimony, transcripts, and tangible things), that are produced or generated in disclosures or

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responses to discovery in this matter.

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2.6

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

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

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consultant in this action.

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2.7

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

Counsel does not include Outside Counsel of Record or any other outside counsel.

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Non-Party: any natural person, partnership, corporation, association, or o.ther legal

entity not named as a Patiy to this action.

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Outside Counsel of Record: attorneys who are not employees of a party to this
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MARIANO ORLANDO vs. AMERJCAN AIRLJNJ.:.'"S. INC.
Case No.4: 17-cv-05943-DMR

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action but are retained to represent or advise a party to this action and have appeared in this action

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on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

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consultants, retained experts, and Outside Counsel of Record (and their support staffs).

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Party: any party to this action, including all of its officers, directors, employees,

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Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

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2.12

Professional Vendors: persons or entities that provide litigation support services

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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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storing, or retrieving data in any form or medium) and their employees and subcontractors.

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Protected Material: any Disclosure or Discovery Material that is designated as

"CONFIDENTIAL."

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2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

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SCOPE
The protections conferred by this Stipulation and Order covers only Defendant American

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Airlines, Inc.'s Insurance Policy.

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4.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of(l) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) fmaljudgment herein after the completim

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

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time limits for filing any motions or applications for extension of time pursuant to applicable law.

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5.

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ACC SS TO AND USE OF PROTECTED MATERIAL
5.1

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

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produced 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. Such Protected Material may be disclosed only to

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- 3STIPULATED PROTECTIVE ORDER

MARIANO ORLANDO vs. AMERICAN AIRLINES. INC..
Case No.4: 17-cv-05943-DMR

the categories of persons and under the conditions described in this Order. When the litigation has
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been terminated, a Receiving Party must comply with the provisions of section 9 below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and in
secure manner that ensures that access is limited to the persons authorized under this Order.
5.2

Disclosm·e of '"CONFIDENTIAL" Information or Items. Unless otherwise ordered

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by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated "CONFIDENTIAL" only to:

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(a) the Receiving Party's Outside Counsel of Record in this action, as well as employee

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of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information

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for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" that is

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attached hereto as Exhibit A;

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(b) the officers, directors, and employees (including House Counsel) of the Receiving

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

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"Acknowledgment and Agreement to Be Bound" (Exhibit A)~

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(c) Experts (as defined in this Order) ofthe Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement

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to Be Bound" (Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A)~

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(f) during their depositions, witnesses in the action to whom disclosure is reasonably

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necessary and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A),

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unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material must be separately

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bound by the court reporter and may not be disclosed to anyone except as permitted under this

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-4STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES. INC..
Case No.4: 17-cv-05943-DMR

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Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or

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other person who otherwise possessed or knew the information.

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6.

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UNAUTHORIZED DISC OSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order

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the Receiving Party must immediately (a) notify in writing the Designating Party of the

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unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies ofthe Protected

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Material, (c) inform the ~erson or persons to whom unauthorized disclosures were made of all the

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terms ofthis Order, and (d) request such person or persons to execute the "Acknowledgment and

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Agreement to Be Bound" that is attached hereto as Exhibit A.

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7.

INADVERTENT PRODUCTIO

OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently

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produced material is subject to a claim of privilege or other protection, the obligations ofthe

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Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision

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is not intended to modify whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502{d

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and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the parties may

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incorporate their agreement in the stipulated protective order submitted to the court.

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8.

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MISCELLANEOUS

8.1

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

seek its modification by the court in the future.
8.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order

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no Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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- 5STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES. INC .
Case No.4: I 7-cv-05943-DMR

Party waives any right to object on any ground to use in evidence of any of the material covered by
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this Protective Order.

8.3

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Filing Protected Material. Without written permission from the Designating Party or

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a court order secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79~5. Protected Material may only be filed

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under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

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issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing

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that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled

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to protection under the law. If a Receiving Party's request to file Protected Material under seal

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pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the

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information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by

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the court.

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9.

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FIN AL DISPOSITION

Within 60 days after the final disposition of this action, as defmed in paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material.

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As used in this subdivision, "all Protected Material" includes all copies, abstracts, compilations,

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

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the Protected Material is returned or destroyed, the Receiving Party must submit a written

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certification to the Producing Party (and, if not the same person or entity, to the Designating Party)

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by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material

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

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

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy

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of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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

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and expert work product, even if such materials contain Protected Material. Any such archival

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-6STIPULATED PROTECTIVE ORDER

MARIANO ORLANDO vs. AMERICANAIRLfNES. INC..
Case No.4: 17-cv-05943-DMR

copies that contain or constitute Protected Material remain subject to this Protective Order as set
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forth in Section 4 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED:

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DATED: _ i.L-- 2'( --/_ _ __
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: __________________
April 30, 2018
United States District/Magistrate Judge

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-7STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES. INC..
Case No.4 : 17-cv-05943-DMR

EXHIBIT A

EXHIBIT A

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T OBE BOUN D

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I, _ _ __ _ __ _ _ __ _ [print or type full name], of _ _ __ _ _ _

[print or

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type full address], declare under penalty of perjury that I have read in its entirety and u~derstand th
Stipulated Protective Order that was issued by the United States District Court for the Northern

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District of California on [date] in the case of MARIANO ORLANDO v. AMERICAN
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AIRLINES, INC., Case No.4: 17-cv-05943-DMR. I agree to comply with and to be bound by all
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the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so
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comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promi s
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that I will not disclose in any manner any information or item that is subject to this Stipulated
Protective Order to any person or entity except in strict compliance with the provisions of this
Order.

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I further agree to submit to the jurisdiction of the United States District Court for the Northern
District of California for the purpose of enforcing the terms of this Stipulated Protective Order, eve

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if such enforcement proceedings occur after termination of this action.
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I hereby appoint _ __ _ __ _ _ _ _ _ [print or type full name] of

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- -- -- - -- - - -- - - - - - [print or type full address and telephone number]
as my California agent for service of process in connection with this action or any proceedings

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related to enforcement of this Stipulated Protective Order.

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Date:

--- - - -- - -- - - - - - ----

City and State where sworn and signed: --- - -- - -- - -- - -- -

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Printed name:

---- - - - - -- - - - --

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Signature: - - - - - -- - - - - - -- --

- 8STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES, INC..
Case No.4: 17-cv-05943-DMR

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RE: CASE NO. 17-cv-05943-YGR
Mariano Orlando v. American Airlines Inc.

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CERTIFICATE OF SERVICE

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I hereby certify that on April 25, 2018, a copy of the following document was
filed with the court via electronic filing:

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STIPULATED PROTECTIVE ORDER
Notice of this filing will be sent to the following parties by operation of the
Court's electronic filing system. Parties may access this filing through the Court's
System:

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LEADER & BERKON

Dated: April 25, 2018

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By: s/ Arthur I. Willner
Arthur I. Willner
Atton1eys for D efendant
AMERICAN AlRLINES, INC.
Email : [e-mail]

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LEADER & BERKON LLP
AI IOH.NI YSAI LAW

LosAN<il-.ll·.s

-9STIPULATED PROTECTIVE ORDER

MARIANO ORLANDO vs. AMERICAN AIRLINES. INC .
Case No.4 : 17-cv-05943-DMR