Christopher Booher v. Jetblue Airways Corporation

Northern District of California, cand-4:2015-cv-01203

STIPULATED PROTECTIVE ORDER. Signed by Judge Jeffrey S. White, on 8/11/15. Modified on 8/12/2015

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Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page1 Page 1ofof15 15 MATTHEW HELLAND (SBN 250451) DARYL S. LANDY (SBN 136288) 1 helland@nka.com dlandy@morganlewis.com DANIEL BROME (SBN 278915) MORGAN, LEWIS & BOCKIUS LLP 2 dbrome@nka.com 5 Park Plaza, Suite 1740 NICHOLS KASTER, LLP Irvine, CA 92614 3 One Embarcadero Center, Suite 720 Tel: 949.399.7000 San Francisco, CA 94111 Fax: 949.399.7001 4 Tel: 415.277.7235 Fax: 415.277.7238 ANNA KIM (SBN 292082) 5 anna.kim@morganlewis.com Attorneys for Plaintiff MORGAN, LEWIS & BOCKIUS LLP 6 CHRISTOPHER BOOHER 300 South Grand Avenue Los Angeles, CA 90071-3132 7 Tel: 213.612.2500 Fax: 213.612.2501 8 BRENDAN T. KILLEEN (admitted pro hac 9 vice) bkilleen@morganlewis.com 10 MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue 11 New York, NY 10178 Tel: 212.309.6000 12 Fax: 212.309.6001 13 Attorneys for Defendant JETBLUE AIRWAYS CORPORATION 14 (erroneously named as JETBLUE AIRLINES CORPORATION) 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 CHRISTOPHER BOOHER individually, on Case No. 4:15-cv-01203-JSW behalf of others similarly situated, and on 20 behalf of the general public, STIPULATED PROTECTIVE ORDER 21 Plaintiff, 22 vs. 23 JETBLUE AIRLINES CORPORATION, 24 Defendant. 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP STIPULATED PROTECTIVE ORDER ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page2 Page 2ofof15 15 1 1. PURPOSES AND LIMITATIONS 2 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 4 disclosure and from use for any purpose other than prosecuting this litigation may 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 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as 21 well as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that 23 it produces in disclosures or in responses to discovery as "CONFIDENTIAL." 24 2.5 Disclosure or Discovery Material: all items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 1 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page3 Page 3ofof15 15 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 2.7 In-House Counsel: attorneys who are employees of a party to this action. In- 5 House Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 7 entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this action 10 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 2.10 Party: any party to this action, including all of its officers, directors, employees, 12 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 14 Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 17 organizing, storing, or retrieving data in any form or medium) and their employees and 18 subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 20 "CONFIDENTIAL." 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 28 However, the protections conferred by this Stipulation and Order do not cover the following MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 2 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page4 Page 4ofof15 15 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 3 a result of publication not involving a violation of this Order, including becoming part of the 4 public record through trial or otherwise; and (b) any information known to the Receiving Party 5 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 6 obtained the information lawfully and under no obligation of confidentiality to the Designating 7 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations imposed by 10 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 11 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 12 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 13 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any motions or applications for extension of time pursuant to 15 applicable law. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. 20 The Designating Party must designate for protection only those parts of material, documents, 21 items, or oral or written communications that qualify – so that other portions of the material, 22 documents, items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 25 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 26 unnecessarily encumber or retard the case development process or to impose unnecessary 27 expenses and burdens on other parties) expose the Designating Party to sanctions. 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 3 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page5 Page 5ofof15 15 1 If it comes to a Designating Party's attention that information or items that it designated 2 for protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 11 Party affix the legend "CONFIDENTIAL" to each page that contains protected material. If only a 12 portion or portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). For electronic documents produced out of an e-discovery database, such as Relativity, 15 the Producing Party shall provide an accompanying .DAT load file, containing (among other 16 things) a field titled "Confidentiality;" the Producing Party shall mark this field as "Yes" for 17 documents designated as "CONFIDENTIAL," and "No" for documents that are not so 18 designated. Marking this field as "Yes" is sufficient for designation under this Order. 19 A Party or Non-Party that makes original documents or materials available for inspection 20 need not designate them for protection until after the inspecting Party has indicated which 21 material it would like copied and produced. During the inspection and before the designation, all 22 of the material made available for inspection shall be deemed "CONFIDENTIAL." After the 23 inspecting Party has identified the documents it wants copied and produced, the Producing Party 24 must determine which documents, or portions thereof, qualify for protection under this Order. 25 Then, before producing the specified documents, the Producing Party must affix the 26 "CONFIDENTIAL" legend to each page that contains Protected Material. If only a portion or 27 portions of the material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the margins). MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 4 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page6 Page 6ofof15 15 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 2 Designating Party identify on the record, before the close of the deposition, hearing, or other 3 proceeding, all protected testimony. 4 (c) for information produced in some form other than documentary and for any other 5 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 6 or containers in which the information or item is stored the legend "CONFIDENTIAL." If only a 7 portion or portions of the information or item warrant protection, the Producing Party, to the 8 extent practicable, shall identify the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the Designating Party's 11 right to secure protection under this Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the material is 13 treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 17 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 18 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 19 challenge a confidentiality designation by electing not to mount a challenge promptly after the 20 original designation is disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 22 process by providing written notice of each designation it is challenging and describing the basis 23 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 24 notice must recite that the challenge to confidentiality is being made in accordance with this 25 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 26 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 27 forms of communication are not sufficient) within 14 days of the date of service of notice. In 28 conferring, the Challenging Party must explain the basis for its belief that the confidentiality MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 5 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page7 Page 7ofof15 15 1 designation was not proper and must give the Designating Party an opportunity to review the 2 designated material, to reconsider the circumstances, and, if no change in designation is offered, 3 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 4 stage of the challenge process only if it has engaged in this meet and confer process first or 5 establishes that the Designating Party is unwilling to participate in the meet and confer process in 6 a timely manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 8 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 9 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days 10 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 11 process will not resolve their dispute, whichever is earlier. Each such motion must be 12 accompanied by a competent declaration affirming that the movant has complied with the meet 13 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 14 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 15 shall automatically waive the confidentiality designation for each challenged designation. In 16 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 17 time if there is good cause for doing so, including a challenge to the designation of a deposition 18 transcript or any portions thereof. Any motion brought pursuant to this provision must be 19 accompanied by a competent declaration affirming that the movant has complied with the meet 20 and confer requirements imposed by the preceding paragraph. 21 The burden of persuasion in any such challenge proceeding shall be on the Designating 22 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 23 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 24 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 25 file a motion to retain confidentiality as described above, all parties shall continue to afford the 26 material in question the level of protection to which it is entitled under the Producing Party's 27 designation until the court rules on the challenge. 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 6 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page8 Page 8ofof15 15 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 7 DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and 9 in a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated "CONFIDENTIAL" only to: 13 (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees 14 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 15 for this litigation; 16 (b) the officers, directors, and employees (including In-House Counsel) of the Receiving 17 Party to whom disclosure is reasonably necessary for this litigation; 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 19 reasonably necessary for this litigation and who have signed the "Acknowledgment and 20 Agreement to Be Bound" (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 23 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 24 signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 25 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 26 necessary and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), 27 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 28 deposition testimony or exhibits to depositions that reveal Protected Material must be separately MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 7 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page9 Page 9ofof15 15 1 bound by the court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order. 3 (g) the author or recipient of a document containing the information or a custodian or 4 other person who otherwise possessed or knew the information. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 6 OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation that compels 8 disclosure of any information or items designated in this action as "CONFIDENTIAL," that Party 9 must: 10 (a) promptly notify in writing the Designating Party. Such notification shall include a 11 copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 13 other litigation that some or all of the material covered by the subpoena or order is subject to this 14 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 16 Designating Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served with the 18 subpoena or court order shall not produce any information designated in this action as 19 "CONFIDENTIAL" before a determination by the court from which the subpoena or order 20 issued, unless the Party has obtained the Designating Party's permission. The Designating Party 21 shall bear the burden and expense of seeking protection in that court of its confidential material – 22 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 23 Party in this action to disobey a lawful directive from another court. 24 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 25 THIS LITIGATION 26 (a) The terms of this Order are applicable to information produced by a Non-Party in 27 this action and designated as "CONFIDENTIAL." Such information produced by Non-Parties in 28 connection with this litigation is protected by the remedies and relief provided by this Order. MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 8 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page10 Page 10ofof15 15 1 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 2 additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to produce a 4 Non-Party's confidential information in its possession, and the Party is subject to an agreement 5 with the Non-Party not to produce the Non-Party's confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party that 7 some or all of the information requested is subject to a confidentiality agreement with a Non- 8 Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 10 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 11 the information requested; and 12 (3) make the information requested available for inspection by the Non-Party. 13 (c) If the Non-Party fails to object or seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 15 Non-Party's confidential information responsive to the discovery request. If the Non-Party timely 16 seeks a protective order, the Receiving Party shall not produce any information in its possession 17 or control that is subject to the confidentiality agreement with the Non-Party before a 18 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 19 burden and expense of seeking protection in this court of its Protected Material. 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 22 Material to any person or in any circumstance not authorized under this Stipulated Protective 23 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 24 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 25 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 26 made of all the terms of this Order, and (d) request such person or persons to execute the 27 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit A. 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 9 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page11 Page 11ofof15 15 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery 7 order that provides for production without prior privilege review. Pursuant to Federal Rule of 8 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product 10 protection, the parties may incorporate their agreement in the stipulated protective order 11 submitted to the court. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 14 seek its modification by the court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 16 Order no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 Party waives any right to object on any ground to use in evidence of any of the material covered 19 by this Protective Order. 20 12.3 Filing Protected Material. Without written permission from the Designating Party 21 or a court order secured after appropriate notice to all interested persons, a Party may not file in 22 the public record in this action any Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 24 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 25 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 26 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 27 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 28 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 10 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page12 Page 12ofof15 15 1 Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) 2 unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such 6 material. As used in this subdivision, "all Protected Material" includes all copies, abstracts, 7 compilations, summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 9 submit a written certification to the Producing Party (and, if not the same person or entity, to the 10 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 11 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 12 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Upon the return of any such information to JetBlue 14 Airways Corporation ("JetBlue"), JetBlue agrees to retain an archival copy of all originals and all 15 copies of such information, through its counsel of record Morgan, Lewis & Bockius LLP, for a 16 period of at least four (4) years following Final Disposition of this litigation. To obtain a copy of 17 any such information during this time period, a request must be made in writing to Daryl S. 18 Landy, Esq., Morgan, Lewis & Bockius LLP, 5 Park Plaza, Suite 1750, Irvine, CA 92614. 19 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, 20 motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 21 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 22 work product, even if such materials contain Protected Material. Any such archival copies that 23 contain or constitute Protected Material remain subject to this Protective Order as set forth in 24 Section 4 (DURATION). 25 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 26 27 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 11 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page13 Page 13ofof15 15 1 Dated: August 10, 2015 NICHOLS KASTER, LLP 2 3 By /s/ Matthew C. Helland 4 Matthew C. Helland Attorneys for Plaintiff 5 CHRISTOPHER BOOHER 6 Dated: August 10, 2015 MORGAN, LEWIS & BOCKIUS LLP 7 8 By /s/ Daryl S. Landy 9 Daryl S. Landy Attorneys for Defendant 10 JETBLUE AIRWAYS CORPORATION (erroneously named as JetBlue Airlines 11 Corporation) 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 16 August 11, 2015 DATED: ________________________ _____________________________________ 17 Honorable Jeffrey S. White 18 United States District Judge 19 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 12 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page14 Page 14ofof15 15 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read 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 Christopher Booher v. JetBlue 7 Airlines Corporation, Case No. 4:15-CV-01203-JSW. 8 I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order. I will not disclose in any manner any information or item that is subject to this Stipulated 10 Protective Order to any person or entity except in strict compliance with the provisions of this 11 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 16 Date: _________________________________ 17 City and State where sworn and signed: _________________________________ 18 Printed name: ______________________________ 19 [printed name] 20 Signature: __________________________________ [signature] 21 22 23 24 25 26 27 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 13 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO Case Case4:15-cv-01203-JSW 4:15-cv-01203-JSW Document Document26 27 Filed Filed08/10/15 08/11/15 Page15 Page 15ofof15 15 1 ATTESTATION 2 I, Daryl S. Landy, am the ECF user whose identification and password are being used to 3 file this Stipulated Protective Order. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that 4 Matthew C. Helland concurs in this filing. 5 DATED: August 10, 2015 MORGAN, LEWIS & BOCKIUS LLP 6 By: /s/ Daryl S. Landy 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & STIPULATED PROTECTIVE ORDER BOCKIUS LLP 14 ATTORNEYS AT LAW CASE NO. 4:15-CV-01203-JSW SAN FRANCISCO