Bokenfohr v. Gladen et al

Filing 215

ORDER: By agreement of the Parties, this Court enters the attached Stipulated Permanent Injunction. Ordered by Judge Karin J. Immergut. (jy)

DocuSign Envelope ID: 760CC92D-6A0F-424C-8826-8BD075DE51A1

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

Page 1 of 14

KRISTEN L. TRANETZKI, OSB No. 115730
[e-mail]
JOANNA T. PERINI-ABBOTT, OSB No. 141394
[e-mail]
ANGELI LAW GROUP LLC
121 S.W. Morrison Street, Suite 400
Portland, Oregon 97204
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Lori Bokenfohr

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

Case No. 3:17-cv-01870-BR

LORI BOKENFOHR, an individual,
Plaintiff,
v.

STIPULATED PERMANENT
INJUNCTION

CYNTHIA GLADEN, an individual.
Defendant.
Plaintiff Lori Bokenfohr has filed a complaint against Defendant Cynthia Gladen. To
resolve the issues raised in that Complaint against Gladen, Bokenfohr and Gladen have entered
into a settlement agreement, which requires entry of this Stipulated Permanent Injunction.
Bokenfohr and Gladen have consented to entry of this Stipulated Permanent Injunction
without trial or further adjudication of any issue of law or fact herein. Gladen agrees that this
Court shall retain jurisdiction over her for purpose of implementing and enforcing this Stipulated
Permanent Injunction.

719200.0001/8850211.1

DocuSign Envelope ID: 760CC92D-6A0F-424C-8826-8BD075DE51A1

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

Page 2 of 14

NOW, THEREFORE, Plaintiff Bokenfohr and Defendant Gladen having requested the
Court to enter this Stipulated Permanent Injunction, it is hereby ordered, adjudged, and decreed:
FINDINGS
1.

The Court has jurisdiction of the subject matter of this case and over all parties

2.

Defendant Cynthia Gladen agrees to entry of this Stipulated Permanent

hereto.

Injunction.
3.

Defendant Cynthia Gladen has waived all rights to seek judicial review or

otherwise challenge or contest the validity of this Stipulated Permanent Injunction.
4.

The parties shall each bear their own costs and attorneys’ fees incurred in this

action.
ORDER
5.

Defendant Cynthia Gladen is permanently enjoined from directly or indirectly

copying, saving, accessing, using, disclosing, or possessing the subject data, as identified in the
spreadsheet attached as Exhibit 1 to the Parties’ Settlement Agreement and Release, also
attached to this Stipulated Permanent Injunction as Exhibit A, and filed under seal (hereinafter,
“Bokenfohr’s Data”) in any format, including but not limited to electronic and paper formats.
6.

As this litigation is now concluded, any copies of Bokenfohr’s Data that were

previously maintained for litigation purposes shall now be permanently deleted and/or destroyed
by Defendant Cynthia Gladen and her counsel and IT consultants.
7.

By agreeing to this Stipulated Permanent Injunction, Defendant Cynthia Gladen

reaffirms and attests that she no longer possesses any of Bokenfohr’s Data (including for
litigation purposes) and she hereby reaffirms and attests that none of the individuals with whom
she has shared Bokenfohr’s Data has it or access to it, nor is she aware that any other person or
entity possesses Bokenfohr’s Data in any form. Defendant Gladen further reaffirms and attests
that she has fully complied with Defendants’ Return and Deletion Plan, set forth in the parties’
Stipulation entered on June 27, 2018 (attached as Exhibit B to this Stipulated Permanent
Injunction), and that for the purposes of this Stipulated Permanent Injunction, any reference to
719200.0001/8850211.1

DocuSign Envelope ID: 760CC92D-6A0F-424C-8826-8BD075DE51A1

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

Page 3 of 14

“flash drive” or plaintiff’s data in the Defendants’ Return and Deletion Plan shall be deemed to
be a reference to the Bokenfohr’s Data, as defined herein. Plaintiff Bokenfohr’s agreement to this
Stipulated Permanent Injunction is expressly premised upon the truthfulness, accuracy, and
completeness of Defendant Cynthia Gladen’s representation with respect to the deletion and/or
destruction of the Bokenfohr’s Data.
8.

Defendant Cynthia Gladen affirms that she has not breached Defendants’ Return

and Deletion Plan. Defendant Gladen’s obligations under the Defendants’ Return and Deletion
Plan have remained and will remain in effect indefinitely, and that none of the requirements
under Defendants’ Return and Deletion Plan are unreasonable or unworkable. This includes the
requirement that should Defendant Gladen discover at any time that she or anyone else has
inadvertently or otherwise retained or otherwise comes into possession of any of Bokenfohr’s
Data, that Defendant Gladen shall notify Bokenfohr’s counsel within three business days and
promptly produce such documents or information to Bokenfohr’s counsel and that she shall
further provide the information required under Defendants’ Return and Deletion Plan from third
parties in possession of Bokenfohr’s Data. After doing so, Defendant Gladen will permanently
delete such documents or information from all her devices and accounts.
9.

In an action to enforce this Stipulated Injunction, the prevailing party shall be

entitled to her reasonable attorney fees.

SO ORDERED this _______ day of ___________________________________, 2022
7th
February

_______________________________
/s/ Karin J. Immergut
UNITED STATES DISTRICT JUDGE

719200.0001/8850211.1

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

Page 4 of 14

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

Page 5 of 14

EXHIBIT A 
FILED UNDER SEAL ‐ HAND DELIVERED TO THE COURT 

Case 3:17-cv-01870-IM

Document 215

Filed 02/07/22

EXHIBIT B 

Page 6 of 14

Case 3:17-cv-01870-IM Document 215
Case 3:17-cv-01870-IM Document 48

Filed 06/27/18
02/07/22

Page 1 of 2
7 14

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
LORI BOKENFOHR, an individual,
Plaintiff,

Case No. 3:17−cv−01870−BR
STIPULATION

v.
CYNTHIA GLADEN, an individual; and
CHRISTINE GUIDERA, an individual,
Defendants.
Defendants’ Return and Deletion Plan is attached as Exhibit 1. The parties stipulate that
the measures described in paragraph I, III, IV and V of the Plan should occur.
IT IS SO STIPULATED this 27th day of June, 2018.
By: s/ Kristen L. Tranetzki
Kristen L. Tranetzki, OSB No. 115730
[e-mail]
Edward A. Piper, OSB No. 141609
[e-mail]
Angeli Law Group LLC
121 SW Morrison Street, Suite 400
Portland, OR 97204
Attorneys for Plaintiff
STIPULATION
2438-001\00056276.000

Page 1

Case 3:17-cv-01870-IM Document 215
Case 3:17-cv-01870-IM Document 48

Filed 06/27/18
02/07/22

Page 2 of 2
8 14

By: s/ John J. Dunbar
John J. Dunbar, OSB No. 842100
[e-mail]
Larkins Vacura Kayser LLP
121 SW Morrison Street, Suite 700
Portland, OR 97204
Attorney for Defendant Cynthia Gladen

By: s/ Heather St. Clair
Jeffrey M. Edelson, OSB No. 880407
[e-mail]
Heather St. Clair, OSB No. 154252
[e-mail]
Markowitz Herbold PC
1211 SW Fifth Avenue, Suite 3000
Portland, OR 97204
Attorneys for Defendant Christine Guidera

STIPULATION
2438-001\00056276.000

Page 2

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 91of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page of 6
John J. Dunbar, OSB No. 842100
[e-mail]
Larkins Vacura Kayser LLP
121 SW Morrison St., Ste. 700
Portland, Oregon 97204
Ph: (503-222-4424)
Fax: [phone])
Attorney for Defendant Cynthia Gladen
Jeffrey M. Edelson, OSB No. 880407
[e-mail]
Heather St. Clair, OSB No. 154252
[e-mail]
Markowitz Herbold PC
1211 SW Fifth Avenue Suite 3000
Portland, OR 97204
Ph: 503-295-3085
Fax: [phone]
Attorneys for Defendant Christine Guidera

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
LORI BOKENFOHR, an individual,
Plaintiff,

CASE NO.: 3:17-cv-01870-BR
DEFENDANTS’ RETURN AND
DELETION PLAN

vs.
CYNTHIA GLADEN, an individual, and
CHRISTINE GUIDERA, an individual,
Defendants.

I.

Cynthia Gladen and Christine Guidera will carry out this plan for the

identification, return of all copies, and permanent deletion from their devices and accounts of all

DEFENDANTS’ RETURN AND DELETION PLAN

Page 1

2438-001\00056059.001

EXHIBIT 1
Page 1 of 6

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 10 of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page 2 of 6
documents containing images of plaintiff or that otherwise are believed to have originated from
plaintiff’s computer (the “Plan”), as described below.
II.

This data was obtained from a Flash Drive (which plaintiff describes as a

solid-state drive or SSD) (“Flash Drive”). Gladen delivered the Flash Drive to Kenneth
Kolarsky in June 2016. Prior to that, in January 2016, Gladen had a copy of the Flash Drive
made to an External Hard Drive, which is currently in the possession of Gladen’s electronic
discovery attorney, Thomas Howe.
III.

Images of Bokenfohr and other information that apparently originated from

Bokenfohr’s computer were found on the Flash Drive. Defendants seek to carry out this Plan in
a way that minimizes both cost and the potential exposure of data, while preserving information
solely for litigation purposes. The Plan entails the following steps:
A.

Document Identification. By July 13, 2018, without waiver of any

applicable privilege or work product protection, Gladen’s counsel will provide to
Bokenfohr’s counsel a spreadsheet prepared by Tom Howe in Excel, .csv, or another
standard format (the “Spreadsheet”) listing all data on the External Hard Drive and
providing at a minimum the following additional information:
1. The hash values of all electronic documents on the External Hard
Drive; and
2. The file directory name of each document on the External Hard Drive,
including each document’s file path; and
3. File name, if any.
B.

Gladen’s Documents. Gladen (or, in consultation with Gladen, counsel or

a paralegal for Gladen) will review the Spreadsheet and, if necessary, copies of the

DEFENDANTS’ RETURN AND DELETION PLAN

Page 2

2438-001\00056059.001

EXHIBIT 1
Page 2 of 6

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 11 of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page 3 of 6
documents on the External Hard Drive (without interfering with metadata associated with
the documents), to definitively identify on the Spreadsheet any documents or information
originally created by Gladen and transferred by her, or on her behalf, onto the Flash
Drive (or the External Hard Drive), if any, that she wishes to continue to retain in her
possession. By August 10, 2018, Gladen will provide to Bokenfohr a copy of the
Spreadsheet that provides the information in paragraph A above and also identifies the
documents and information she wishes to retain, and will state whether she is unsure
regarding any such designation about the origination of the document.
C.

Identification Disputes. If there is uncertainty or a dispute as to the

origination of any documents or information from the External Hard Drive, Gladen will
promptly work with Bokenfohr, through counsel, to resolve any such uncertainty or
dispute, by no later than September 1, 2018.
D.

Document Production and Return. By no later than September 22, 2018,

Gladen and Guidera, through counsel, will use the hash values and the Spreadsheet to
produce to Bokenfohr’s counsel copies of all documents and information (including all
electronic data, and print or hard copies) that originated from the Flash Drive, other than
documents and information that the parties agree were originally created and transferred
to the Flash Drive by Gladen.
E.

Document Deletion. Using the hash values and/or file directory names for

data on the Spreadsheet that originated from Bokenfohr’s devices, and after the resolution
of any disputes between the parties as described above, Gladen and Guidera will by
September 29, 2018 permanently delete all documents and information from the Flash
///

DEFENDANTS’ RETURN AND DELETION PLAN

Page 3

2438-001\00056059.001

EXHIBIT 1
Page 3 of 6

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 12 of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page 4 of 6
Drive from each of their respective devices and accounts, if any, and state to Ms.
Bokenfohr’s counsel which accounts documents and information were deleted from. To
accomplish the removal of such data in Gladen’s Google Photos account, Howe or an
assistant, will delete that account in its entirety on behalf of Gladen. The provisions of
this paragraph do not apply to any documents and information that the parties agree were
originally created and transferred to the Flash Drive, if any (or the External Hard Drive, if
any) by or on behalf of Gladen.
F.

Gladen Third Party Protocol. Gladen sent documents containing images

of Ms. Bokenfohr to Third Persons. By July 20, 2018, Gladen will ask these Third
Persons to provide a copy of the information (if available) to a paralegal working for Ms.
Gladen’s counsel, and then delete any such document or information from her computer.
By September 1, 2018, Gladen will provide if possible, a declaration or affidavit from
each such Third Person confirming the date the document(s) were received, the method
of delivery (such as WhatsApp or text message), and confirming deletion. Through
counsel, Gladen will also provide a copy of the documents received from such Third
Person.
G.

Guidera Third Party Protocol. Guidera sent documents containing images

of Ms. Bokenfohr to Third Persons. Bokenfohr and Guidera agree that Bokenfohr may
contact John Dooks and Shanta Roberts to request the deletion of those images from any
devices and accounts that have been identified in discovery or may be identified using the
Spreadsheet and hash values. In the event it is discovered during the execution of the
///
///

DEFENDANTS’ RETURN AND DELETION PLAN

Page 4

2438-001\00056059.001

EXHIBIT 1
Page 4 of 6

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 13 of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page 5 of 6
Plan, that any documents were sent to any other third parties, or were sent using any other
accounts or devices, then within 30 days of any such discovery, Guidera will follow the
Gladen Third Party Protocol for retrieval and deletion of documents from third parties, as
described in paragraph F.
H.

Certification of Plan Completion. Gladen and Guidera will provide the

other parties with an affidavit by a person with first-hand knowledge certifying that the
return and deletion of documents has been carried out in accord with this Plan.
IV.

Counsel for each party may retain forensic and litigation copies of documents and

information provided to Bokenfohr pursuant to this Plan for litigation purposes only. Nothing in
this Plan should be construed as otherwise canceling or altering any party’s preservation
obligations. Following the conclusion of this litigation or any related litigation, including any
and all appeals thereof, Gladen and Guidera, through counsel, will permanently delete all images
of Bokenfohr and all documents and information identified on the spreadsheet as originating
from Bokenfohr’s computer, as identified above. In the event that Gladen or Guidera
subsequently discover at any time that she has inadvertently or otherwise retained or otherwise
comes into possession of any such documents or information subject to permanent deletion under
this Plan, Gladen or Guidera, as appropriate, will promptly notify and produce such documents
or information to Bokenfohr’s counsel. After doing so, Gladen or Guidera, respectively, will
permanently delete such documents or information from all her devices and accounts.
V.

Should Gladen or Guidera become concerned that any provision in the Plan is

unworkable or unreasonable, through counsel, she will confer in good faith, through counsel,
with counsel for Bokenfohr about those issues.
///

DEFENDANTS’ RETURN AND DELETION PLAN

Page 5

2438-001\00056059.001

EXHIBIT 1
Page 5 of 6

Case 3:17-cv-01870-IM Document 215 Filed 02/07/22 Page 14 of 14
Case 3:17-cv-01870-IM Document 48-1 Filed 06/27/18 Page 6 of 6
VI.

This Plan is without admission on any issue, and is not intended to create a

contract with Bokenfohr.
DATED: June 27, 2018.
LARKINS VACURA KAYSER LLP

s/ John J. Dunbar
John J. Dunbar, OSB No. 842100
[e-mail]
Counsel for Defendant Cynthia Gladen
MARKOWITZ HERBOLD PC

s/ Heather St. Clair
Jeffrey M Edelson, OSB No. 880407
[e-mail]
Heather St. Clair, OSB No. 154252
[e-mail]
Counsel for Defendant Christine Guidera

DEFENDANTS’ RETURN AND DELETION PLAN

Page 6

2438-001\00056059.001

EXHIBIT 1
Page 6 of 6