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)
2
3
4
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: (213) 234-1750
_ acsnnile: (213) 234-1747
5
.6
A TIORNEYS FOR DEFENDANTS
AMERICAN AIRLINES, INC.
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
MARIANO ORLANDO,
12
Plaintiff,
vs.
13
14
Case No. 17-cv-05943-YGR
STIPULATED PROTECTIVE
ORDER
AMERICAN AIRLINES, INC.,
15
Defendant.
16
Complaint Filed: 10/18/2017
17
1-8
19
20
21
1.
PURPOSES AND L:UvUTATIONS
Disclosure and discovery activity in this action involves production of confidential,
22
proprietary, or private information, specifically American Airline's Insurance Policy, for which
23
special protection from public disclosure and from use for any purpose other than prosecuting this
24
litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to
25
enter the following Stipulated Protective Order solely for American Airlines, Inc.'s Insurance
26
Policy. The parties acknowledge that this Order does not confer blanket protections on all
27
disclosures or responses to discovery and that the protection it affords from public disclosure and
28
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
2
the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
3
that this Stipulated Protective Order does not entitle them to file confidential information under
4
seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that
5
will be applied when a party seeks permission from the court to file material under seal.
6
2.
7
8
9
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
10
generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
11
Civil Procedure 26(c).
12
13
14
15
16
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
17
medium or manner in which it is generated, stored, or maintained (including, among other things,
18
testimony, transcripts, and tangible things), that are produced or generated in disclosures or
19
responses to discovery in this matter.
20
2.6
Expert: a person with specialized knowledge or experience in a matter pertinent to
21
the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
22
consultant in this action.
23
24
25
26
27
28
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.
2.8
Non-Party: any natural person, partnership, corporation, association, or o.ther legal
entity not named as a Patiy to this action.
2.9
Outside Counsel of Record: attorneys who are not employees of a party to this
- 2STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERJCAN AIRLJNJ.:.'"S. INC.
Case No.4: 17-cv-05943-DMR
1
action but are retained to represent or advise a party to this action and have appeared in this action
2
on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
3
4
2.10
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
5
6
Party: any party to this action, including all of its officers, directors, employees,
2.11
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
7
2.12
Professional Vendors: persons or entities that provide litigation support services
8
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
9
storing, or retrieving data in any form or medium) and their employees and subcontractors.
I0
II
2.13
Protected Material: any Disclosure or Discovery Material that is designated as
"CONFIDENTIAL."
12
2.14
Receiving Party: a Party that receives Disclosure or Discovery Material from a
13
Producing Party.
14
3.
15
SCOPE
The protections conferred by this Stipulation and Order covers only Defendant American
16
Airlines, Inc.'s Insurance Policy.
17
4.
18
DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this
I9
Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
20
otherwise directs. Final disposition shall be deemed to be the later of(l) dismissal of all claims and
21
defenses in this action, with or without prejudice; and (2) fmaljudgment herein after the completim
22
and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
23
time limits for filing any motions or applications for extension of time pursuant to applicable law.
24
5.
25
ACC SS TO AND USE OF PROTECTED MATERIAL
5.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed or
26
produced by another Party or by a Non-Party in connection with this case only for prosecuting,
27
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
28
- 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
2
been terminated, a Receiving Party must comply with the provisions of section 9 below (FINAL
3
DISPOSITION).
4
5
6
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
7
by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
8
information or item designated "CONFIDENTIAL" only to:
9
(a) the Receiving Party's Outside Counsel of Record in this action, as well as employee
10
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information
11
for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" that is
12
attached hereto as Exhibit A;
13
(b) the officers, directors, and employees (including House Counsel) of the Receiving
14
Party to whom disclosure is reasonably necessary for this litigation and who have signed the
15
"Acknowledgment and Agreement to Be Bound" (Exhibit A)~
16
(c) Experts (as defined in this Order) ofthe Receiving Party to whom disclosure is
17
reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement
18
to Be Bound" (Exhibit A);
19
(d) the court and its personnel;
20
(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
21
Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
22
signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A)~
23
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
24
necessary and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A),
25
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
26
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
27
bound by the court reporter and may not be disclosed to anyone except as permitted under this
28
-4STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES. INC..
Case No.4: 17-cv-05943-DMR
1
Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or
2
3
other person who otherwise possessed or knew the information.
4
6.
5
UNAUTHORIZED DISC OSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
6
Material to any person or in any circumstance not authorized under this Stipulated Protective Order
7
the Receiving Party must immediately (a) notify in writing the Designating Party of the
8
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies ofthe Protected
9
Material, (c) inform the ~erson or persons to whom unauthorized disclosures were made of all the
10
terms ofthis Order, and (d) request such person or persons to execute the "Acknowledgment and
11
Agreement to Be Bound" that is attached hereto as Exhibit A.
12
7.
INADVERTENT PRODUCTIO
OF PRIVILEGED OR OTHERWISE PROTECTED
13
MATERIAL
14
When a Producing Party gives notice to Receiving Parties that certain inadvertently
15
produced material is subject to a claim of privilege or other protection, the obligations ofthe
16
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
17
is not intended to modify whatever procedure may be established in an e-discovery order that
18
provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502{d
19
and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or
20
information covered by the attorney-client privilege or work product protection, the parties may
21
incorporate their agreement in the stipulated protective order submitted to the court.
22
8.
23
24
25
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
26
no Party waives any right it otherwise would have to object to disclosing or producing any
27
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
28
- 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
2
3
this Protective Order.
8.3
1
Filing Protected Material. Without written permission from the Designating Party or
4
a court order secured after appropriate notice to all interested persons, a Party may not file in the
5
public record in this action any Protected Material. A Party that seeks to file under seal any
6
Protected Material must comply with Civil Local Rule 79~5. Protected Material may only be filed
7
under seal pursuant to a court order authorizing the sealing of the specific Protected Material at
8
issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing
9
that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled
I0
to protection under the law. If a Receiving Party's request to file Protected Material under seal
11
pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the
12
information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by
13
the court.
14
9.
15
FIN AL DISPOSITION
Within 60 days after the final disposition of this action, as defmed in paragraph 4, each
16
Receiving Party must return all Protected Material to the Producing Party or destroy such material.
17
As used in this subdivision, "all Protected Material" includes all copies, abstracts, compilations,
18
summaries, and any other format reproducing or capturing any of the Protected Material. Whether
19
the Protected Material is returned or destroyed, the Receiving Party must submit a written
20
certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
21
by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
22
that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
23
abstracts, compilations, summaries or any other format reproducing or capturing any of the
24
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy
25
of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
26
correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
27
and expert work product, even if such materials contain Protected Material. Any such archival
28
-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
2
forth in Section 4 (DURATION).
3
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4
5
DATED:
4. 2-1} .. /'g
6
7
8
DATED: _ i.L-- 2'( --/_ _ __
. _ _ '-- f
9
10
1I
PURSUANT TO STIPULATION, IT IS SO ORDERED.
12
13
DATED: __________________
April 30, 2018
United States District/Magistrate Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-7STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES. INC..
Case No.4 : 17-cv-05943-DMR
EXHIBIT A
EXHIBIT A
2
T OBE BOUN D
3
I, _ _ __ _ __ _ _ __ _ [print or type full name], of _ _ __ _ _ _
[print or
4
5
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
6
District of California on [date] in the case of MARIANO ORLANDO v. AMERICAN
7
AIRLINES, INC., Case No.4: 17-cv-05943-DMR. I agree to comply with and to be bound by all
8
the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so
9
comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promi s
10
11
12
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.
13
14
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
15
if such enforcement proceedings occur after termination of this action.
16
I hereby appoint _ __ _ __ _ _ _ _ _ [print or type full name] of
17
18
- -- -- - -- - - -- - - - - - [print or type full address and telephone number]
as my California agent for service of process in connection with this action or any proceedings
19
20
related to enforcement of this Stipulated Protective Order.
21
22
23
Date:
--- - - -- - -- - - - - - ----
City and State where sworn and signed: --- - -- - -- - -- - -- -
24
25
Printed name:
---- - - - - -- - - - --
26
27
28
Signature: - - - - - -- - - - - - -- --
- 8STIPULATED PROTECTIVE ORDER
MARIANO ORLANDO vs. AMERICAN AIRLINES, INC..
Case No.4: 17-cv-05943-DMR
2
RE: CASE NO. 17-cv-05943-YGR
Mariano Orlando v. American Airlines Inc.
3
CERTIFICATE OF SERVICE
4
5
6
I hereby certify that on April 25, 2018, a copy of the following document was
filed with the court via electronic filing:
7
8
9
10
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:
11
12
13
14
15
16
17
LEADER & BERKON
Dated: April 25, 2018
18
19
20
21
22
By: s/ Arthur I. Willner
Arthur I. Willner
Atton1eys for D efendant
AMERICAN AlRLINES, INC.
Email : awiUner@leaderberkon.com
23
24
25
26
27
28
LEADER & BERKON LLP
AI IOH.NI YSAI LAW
LosAN
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?