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Terrance D. Rutherford, Individually and On Behalf of Other Similarly v. Fia Card Services

June 29, 2012

TERRANCE D. RUTHERFORD, INDIVIDUALLY AND ON BEHALF OF OTHER SIMILARLY SITUATED INDIVIDUALS, PLAINTIFF,
v.
FIA CARD SERVICES, N.A. (BANK OF AMERICA), ALASKA AIRLINES, INC. AND HORIZON AIR INDUSTRIES, INC., DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Dean D. Pregerson

AMENDED STIPULATED PROTECTIVE ORDER COVERING AFFINITY CARD AGREEMENT

Courtroom: 3 (Spring)

[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER COVERING AFFINITY CARD AGREEMENT

1. PURPOSES AND LIMITATIONS

Plaintiff has identified in his First Amended Complaint ("FAC") an agreement between Defendants FIA Card Services, N.A. and Alaska Airlines, Inc. (See, e.g., FAC ¶¶ 12-23, referring to it as the "Underlying Agreement.") Plaintiff had not previously had access to this agreement, which is titled the "Second Amended And Restated Alaska Airlines Affinity Card Agreement" and is dated January 1, 2009. Defendants filed motions to dismiss on May 25, 2012, attaching this agreement pursuant to the Court's Protective Order Covering Affinity Car Agreement. (Dkt. # 45.)

In his opposition papers filed June 15, 2012, Plaintiff referenced earlier versions of this agreement. Defendants will file replies in support of their motions to dismiss on June 29, 2012, and would like to attach an earlier version of the Second Amended And Restated Alaska Airlines Affinity Card Agreement, titled "Amended And Restated Alaska Airlines Affinity Card Agreement." Defendants represent that the agreement, like the earlier version, contains confidential, proprietary, and competitively sensitive information for which special protection from public disclosure, and from use for any purpose other than prosecuting or settling this litigation, is warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Amended Stipulated Protective Order Covering Affinity Card Agreement.

2. SCOPE

The protections conferred by this Stipulation and Order cover not only the Amended and Restated Alaska Airlines Affinity Card Agreement and the Second Amended And Restated Alaska Airlines Affinity Card Agreement (collectively, "Affinity Card Agreement"), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, earlier or later versions or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal any portion of that Agreement. All such information, together or in part, are referred to herein as the "Affinity Card Agreement."

3. DURATION

Even after the termination of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until the parties agree otherwise in writing or a court order otherwise directs.

4. ACCESS TO AND USE OF PROTECTED MATERIAL

4.1 Basic Principles. Plaintiff s counsel may use the Affinity Card Agreement only for prosecuting or attempting to settle this litigation. Such Agreement may be disclosed only to the categories of persons and under the conditions described in this Order, and specifically may not be disclosed to Plaintiff. When the litigation has been terminated, Plaintiffs counsel must comply with the provisions of section 7 below (FINAL DISPOSITION). Nothing in this Order affects the right of Defendants to use or disclose the Affinity Card Agreement in the ordinary course of business. Such use or disclosure will not waive the protections of this Order, and shall not entitle Plaintiffs counsel to use or disclose such Affinity Card Agreement in violation of this Order. Persons receiving the Affinity Card Agreement must not reveal or discuss that information to or with any person who is not entitled to receive it, except as set forth in this Order.

4.2 Disclosure of Affinity Card Agreement - "Counsel Eyes Only". Unless otherwise ordered by the Court or permitted in writing by the Defendants, the Affinity Card Agreement may only be disclosed to:

(a) Plaintiff's counsel of record in this action, as well as employees of said counsel to whom it is reasonably necessary to disclose ...


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