Arendes v. United Airlines Inc.

Filing 34

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The Clerk of the Court is directed to terminate the motion on ECF No. 33. Motions terminated: 33 MOTION for Protective Order . filed by United Airlines Inc. (Signed by Judge Nelson Stephen Roman on 9/16/2022) (ate) Modified on 9/16/2022 (ate).

Case 7:21-cv-07937-NSR Document 34 Filed 09/16/22 Page 1 of 5

UNITED STATES DISTRICT COURT
09/16/2022
SOUTHERN DISTRICT OF NEW YORK
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JOHN ARENDES,
Docket No.: 7:21-cv-07937
Plaintiffs,
- against –
UNITED AIRLINES, INC.,
Defendant.
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PROTECTIVE ORDER
1.

DEFINITIONS.

1.1. When used herein, the word “document” means all written, recorded, or graphic matter
whatever, including but not limited to interrogatory answers, responses to requests for admission,
documents produced in response to document requests or voluntarily, including writings,
drawings, graphs, charts, maps, computer files, financial statements, deposition testimony,
deposition transcripts and exhibits, trial exhibits, hearing or trial transcripts, any portion or
summary of any of the foregoing, and any other papers that quote from, reflect, reveal or
summarize any of the foregoing.
1.2 “Confidential Information” means all trade secret or other confidential research, development,
or commercial information disclosure of which could reasonably be expected to adversely impact
the party’s competitive or other business position. It also encompasses contact, personal
identification and all other private information related to witnesses to the subject occurrence.
1.3. When used herein, “Confidential Material” means any and all documents or other materials
that contain, reflect or reveal Confidential Information. Confidential Material also includes all
documents exchanged between or among parties to this litigation that have been marked
“Confidential” by the producing party, regardless of whether such Material was produced prior to
entry of this Order and regardless of whether it was voluntarily produced or produced pursuant to
a formal discovery request. The characterization of information and materials as “confidential” by
the producing party can be challenged by a motion at which the party claiming confidentiality has
the burden of establishing the confidential nature of the information or material for which
protection is being sought.
1.4. When used herein, the term “lawsuit” shall include the above-captioned action, and any
ancillary proceedings such as those brought in connection with subpoenas to non-parties, including

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without limitation, motions to compel or motions for protective orders by or in connection with
subpoenas to non-parties, and any and all actions consolidated with this action.
2.

USE OF DOCUMENTS.

All Confidential Information and Material discovered or produced in this lawsuit shall be used by
the receiving party and its attorneys solely for the prosecution and/or defense of this lawsuit and
for purposes of evaluation of settlement and for settlement negotiations pertaining to this lawsuit,
and not for any other purpose, including without limitation, any competitive or business purpose.
Nothing contained herein shall restrict or prevent any party from disclosing or otherwise using any
information or documents not obtained under this Order, in which case this Order shall not apply
to such information or documents.
3.

DESIGNATION OF CONFIDENTIAL INFORMATION AND MATERIALS.

3.1. Standard Designation Procedure. Confidential Information and Material disclosed or
discovered in this lawsuit may be designated by the disclosing party as such and thus made subject
to the limitations of this Order. Except for Confidential Information disclosed during the course of
a deposition, hearing, or trial in this lawsuit, Confidential Information shall be so designated in
writing by the party making the designation prior to or at the time of the party’s disclosure of such
information. Confidential Material shall be so designated by stamping or otherwise placing on the
face of the document(s) the legend “CONFIDENTIAL.” If a party produces Confidential Material
in an electronic format, the Confidential Material shall be so designated by stamping or otherwise
placing on the face of the tangible medium the legend “CONFIDENTIAL”, as well as placing a
notice of the confidentiality on the content of the data or material produced, as is practical
depending upon the nature of the Confidential Material as well as the medium in which it is
produced. Such designations of confidential information and materials will stand unless
successfully challenged by motion as discussed above.
3.2. Designation of Information Disclosed during Depositions or Hearings. Confidential
Information disclosed during the course of a deposition or hearing in this lawsuit shall be so
designated by advising other parties and the court reporter during the course of such deposition or
hearing that the information disclosed is confidential and that the transcript, or a portion thereof,
should be treated as Confidential under this Order and by instructing the court reporter to note the
appropriate designation on the transcript. Further, a party may also designate a transcript, or
portion thereof, as confidential by advising the other parties and the court reporter, in writing, of
such designation within thirty (30) days after receipt of the transcript and instructing the court
reporter to add the appropriate legend to the transcript. During such 30-day period, all deposition
and hearing transcripts shall be treated as confidential under paragraph 4 herein.
3.3. Court filings. In the event that counsel for a party determines to file in or submit to the Court
any Confidential Information or Material, such documents shall be filed only in a sealed envelope
on which a statement substantially in the following form shall be endorsed:

Case 7:21-cv-07937-NSR Document 34 Filed 09/16/22 Page 3 of 5

CONFIDENTIAL--Subject to Protective Order
John Arendes v. United Airlines, Inc. In the United States District Court for the Southern District
of New York, Docket No.: 7:21-cv-07937.

4.

-

The Clerk of the Court shall maintain such documents separate from the public records in
this action as Restricted Documents pursuant to the Federal Rules of Practice in force in
such Court.

-

A redacted version of any court filing, deleting all Confidential Information and Material,
may be filed as part of the public record in this lawsuit.
TREATMENT OF CONFIDENTIAL INFORMATION AND MATERIAL.

The only individuals who shall be permitted to learn of Confidential Information or to view another
party’s or non-party’s Confidential Material produced pursuant to this Order or to learn about the
contents or substance of such Confidential Information and Confidential Material, other than the
person or entity producing or providing such Confidential Information or Confidential Material,
are:
4.1.1. Any trial, appellate, or magistrate judge of any court presiding over the lawsuit or any
proceeding ancillary to the lawsuit as described in paragraph 1.4 above, any juror impaneled in the
trial of this lawsuit, and any clerk, secretary, reporter, or other personnel employed by such court;
4.1.2. Outside and in-house legal counsel for the parties who are participating in the prosecution
or defense of the lawsuit, and legal assistants, clerical personnel, secretaries and other regular or
temporary employees or agents working under the direction of such attorneys and to whom it is
necessary that Confidential Information or Confidential Material be disclosed;
4.1.3. Stenographic reporters in the lawsuit;
4.1.4. Representatives employed by each party, whom counsel shall determine reasonably have a
need to have access to particular Confidential Information and/or Confidential Material solely for
purposes of prosecution or defense of this lawsuit.
4.1.5. The parties’ insurers.
4.1.6. Consultants or experts advising the parties’ legal counsel concerning the lawsuit (and only
when essential to the experts’ or consultants’ activities in connection therewith), including any
person designated or to be designated as an expert witness in the lawsuit provided however that no
such disclosure shall be made to any person employed by any competitor of the producing party,
except upon order of court.
4.1.7. Other persons who have a legitimate need to know or review the Confidential Information
or Confidential Material in connection with this lawsuit, provided that the original disclosing party

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expressly agrees to the disclosure to such other persons in writing or the Court orders such
disclosure.
4.2. Except for the persons authorized by this paragraph 4, no other employees, agents, or
representatives of any party, nor any other persons or entities, shall be permitted access to any
Confidential Information or Confidential Material.
4.3. All persons to whom Confidential Information and Confidential Material are disclosed or
given shall maintain the confidentiality of same, subject to the terms of this Order.
4.4. In the event counsel for any party determines that any person other than those referred to in
this paragraph 4 should have access to Confidential Information or Confidential Material, counsel
shall confer with counsel for all other parties in an effort to resolve the matter. In the absence of
agreement, any party may move the Court to allow such access.
5.

GREATER PROTECTION AND LIMITATION OF ACCESS.

5.1. Nothing contained in this Order shall constitute a waiver of any party’s right to assert that
particular Confidential Information or Material is entitled to greater protection and/or limitation of
access than afforded by this Order, including an assertion that certain such information or materials
should not be produced at all. However, greater protection and/or limitation of access than afforded
by this Order shall not be based solely on the confidential nature of information.
5.2. In the event that counsel for any party asserts that Confidential Information or Material is
entitled to such greater protection and/or limitation of access, counsel shall confer with counsel
for all other parties in an effort to resolve the matter. If resolved by agreement, counsel shall submit
a stipulation to the Court reflecting any terms of agreement providing any such greater protection
or limitations of access than otherwise provided by this Order. In the absence of agreement, any
party may move the Court for an Order further protecting, limiting or denying access.
6.

MISCELLANEOUS.

6.1. The fact that a document or transcript contains both Confidential Information and other nonconfidential information does not affect the protected nature of the Confidential Information
therein, and with regard to the procedures in this Order, the entire document shall be treated as
Confidential Material, unless only portions thereof are designated, in accordance herewith.
6.2 This Order does not supersede any existing confidentiality agreement to which a party is bound,
which shall continue in full force. The parties represent that if they are requested in this action to
produce documentation that is covered by a confidentiality agreement with a non-party, the party
in this action will provide to the requesting party a copy of the asserted confidentiality agreement,
detailed contact information regarding the non-party beneficiary of the confidentiality agreement,
as well as a detailed categorization of the documents claimed to be in the possession of the party
and to be protected under the confidentiality agreement.

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