Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Griffith v. Hawaiian Airlines, Inc.

United States District Court, C.D. California

March 23, 2017

KRYSTEN GRIFFITH, Plaintiff,
v.
HAWAIIAN AIRLINES, INC., a corporation, and DOES 1 to 20, Defendants.

          [PROPOSED] PROTECTIVE ORDER

          Hon. Karen E. Scott United States Magistrate Judge.

         Pursuant to Federal Rule of Civil Procedure 26(c), and the parties' Stipulation for Protective Order (“Order”) governing the disclosure during pretrial discovery and the subsequent handling of sensitive and confidential information, it is hereby ordered that:

         1. PURPOSES AND LIMITATIONS

         1.1 Scope. This Protective Order shall apply to proceedings and discovery in the above-captioned cases known as Griffith v. Hawaiian Airlines, Inc., et al., Case No. 16-cv-02109-JLS-(KES).

         1.2 Need. This case arises from a July 4, 2016, incident in which hot tea allegedly spilled on Krysten Griffith while she was a passenger on Hawaiian Airlines flight 002, from Honolulu, Hawaii to Los Angeles, California. The parties anticipate that discovery in this matter may involve: (1) Hawaiian's non-public policies and procedures for providing various services to passengers, (2) Hawaiian's non-public policies and procedures related to passenger injuries, (3) Hawaiian's non-public policies and procedures related to equipment maintenance and servicing, (4) Hawaiian's non-public public policies and procedures, disclosures of which are, or may be governed by 49 C.F.R. Part 1520, (5) confidential information regarding other passengers on the subject flight, disclosure of which is or may be governed by the California Constitution, as well as federal regulations, including 14 C.F.R. Part 243.9, (6) Krysten Griffith's health status and history, and (7) Plaintiff's damages, as reflected in, inter alia, employment, financial and medical records, and other private documents.

         Discovery concerning these and other topics may necessitate the disclosure of what a party may contend is confidential and sensitive information, such as, personal information for individuals who are not parties to this lawsuit, financial information, Richard Rosen's medical, employment and financial information, and plaintiffs' medical, employment and financial information, and non-public business practices. Prior to production, no party can effectively evaluate the claims of the other as to the need for protection. Thus, a means that enables the production of documents at least to the point of evaluating the asserted need for protection, as well as an order specifying how such documents need to be treated, is required in this case. Moreover, pursuant to the terms of this Order, any document designated as confidential where that designation is disputed can be identified as such and the matter submitted to the Court for resolution.

         In essence, in the absence of this Order, the Court would have to evaluate innumerable documents individually, and this task would likely severely burden the Court's processes and slow discovery. As to those documents that are entitled to protection, disclosure of such confidential information is likely to prejudice the legitimate business, competitive, and/or privacy interests of parties or of third parties.

         A protective order is thus needed in this action to enable the documents to be evaluated and to protect against unauthorized disclosure of confidential information and to ensure that such information will be used only for purposes of this action. A protective order will also expedite the flow of discovery materials, protect the integrity of truly confidential information, promote the prompt resolution of disputes over confidentiality, and facilitate the preservation of material worthy of protection.

         1.3 Application. This Order shall govern any information produced in this litigation by any party or third party, in any form (including, but not limited to, documents, magnetic media, answers to interrogatories, responses to document demands, responses to requests for admissions, and deposition testimony and transcripts), when there is an objectively reasonable basis for the party producing the information to believe in good faith that the information to be produced contains private, proprietary, sensitive, trade secret, non-public financial or medical information. Documents, or portions thereof, that are considered confidential may be so designated by marking them, in their entirety, as “CONFIDENTIAL”, as hereinafter provided for in this Order.

         1.4 Limitations. The parties acknowledge that this Order does not confer blanket protection on all disclosures or responses to discovery and that the protection it affords extends only to the information or items that are entitled under the applicable legal principles to treatment as confidential.

         2. DEFINITIONS

         2.1 Confidential Information. “Confidential Information” shall mean and include, without limitation, any information that concerns or relates to proprietary information, trade secrets, non-public commercial, financial, pricing, budgeting and/or accounting information, non-public information about existing and potential customers, marketing studies, performance and projections, non-public business strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment information, non-public risk management practices and strategies, non-public agreements with third parties, and confidential proprietary information about affiliates, parents, subsidiaries and third parties with whom the parties to this action have or have had business relationships, personal identifying information for individuals who are not parties to this lawsuit, health and medical information, and financial and employment records.

         For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

         2.2 Documents. As used herein, the term “documents” includes all writings, records, files, drawings, graphs, charts, photographs, emails, videotapes, audio tapes, compact discs, electronic messages, other data compilations from which information can be obtained, and other tangible things subject to production under the Federal Rules of Civil Procedure.

         2.3 Designating Party. The “Designating Party” is the party or non-party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.4 Producing Party. The “Producing Party” is the party or non-party that produces documents in this action.

         2.5 Receiving Party. The “Receiving Party” is the party that receives documents from a Producing Party.

         3. INITIAL DESIGNATION

         3.1 Produced Documents. A Producing Party that has an objectively reasonable basis for believing in good faith that the documents to be produced constitute or contain Confidential Information shall produce copies bearing a label that contains (or includes) language substantially identical to the following:

“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, ” or “CONFIDENTIAL.”

         These labels shall be affixed in a manner that does not obliterate or obscure the contents of the copies. Claims of confidentiality will be made only with respect to documents to which the Designating Party has an objectively reasonable basis for believing in good faith that the documents contain Confidential Information and are legally entitled to protection from discovery and disclosure under Federal Rule of Civil Procedure 26(c) and applicable case law.

         If it comes to the Designating Party's attention that information or items that it designated for protection do not qualify for the asserted protection, the Designating Party must promptly notify all other parties that it is withdrawing the mistaken designation. If the Designating Party is also the Producing Party, then that party must also produce substitute copies of the documents with the “Confidential” label removed.

         3.2 Interrogatory Answers. If a party answering an interrogatory has an objectively reasonable basis for believing in good faith that its answer contains Confidential Information, it shall set forth its answer in a separate document that is produced and designated in the same manner as a produced document under subparagraph 3.1. The answers to interrogatories should make reference to the separately produced document containing the answer, but such document should not be attached to the interrogatories.

         3.3 Inspections of Documents. In the event a party elects to produce files and records for inspection and the requesting party elects to inspect them, no designation of Confidential Information need be made in advance of the inspection. For the purposes of such inspection, all material inspected shall be considered as Confidential Information. If the inspecting party selects specified documents to be copied, the Producing Party shall designate Confidential Information in accordance with subparagraph 3.1 at the time the copies are produced.

         3.4 Deposition Transcripts. If, during a deposition in this action, a party has an objectively reasonable basis for believing in good faith that counsel's questions implicate Confidential Information, or if counsel uses an exhibit that has been designated as “Confidential, ” a party may designate that portion of the deposition as “Confidential.” Only those pages of the deposition that are designated as “Confidential” and those exhibits that are designated as “Confidential” will be subject to the restrictions set forth in this Protective Order. A party may challenge any designation made in connection with a deposition as set forth in section 5 below.

         Within 10 days after the receipt of a deposition transcript, a party may inform the other parties to the action of additional portions of the transcript (including exhibits) that it wishes to designate as Confidential Information. That portion of the deposition transcript (including exhibits referred to therein) shall be treated as Confidential Information for ten (10) days after receipt. If no designation is made within ten (10) days of receipt, no additional portions of the deposition transcript, other than those designated as Confidential during the deposition shall be considered as Confidential Information. All parties in possession of a copy of a designated deposition transcript shall mark the front of each copy of the transcript with: “PORTIONS MARKED CONFIDENTIAL”. For videotaped depositions in which a portion has been designated as confidential, the videocassette, DVD, and the containers shall also be marked with: “PORTIONS MARKED CONFIDENTIAL.”

         3.5 Multi-page Documents. A party may designate all pages of an integrated, multi-page document, including a deposition transcript and interrogatory answers, as Confidential Information by placing the label specified in subparagraph 3.1 on the first page of the document. If a party wishes to designate only certain portions of an integrated, multi-page document as Confidential Information, it should designate such portions immediately below the label on the first page of the document and place the label specified in subparagraph 3.1 on each page of the document containing Confidential Information.

         3.6 Electronic Data. “Electronic data” means information stored or recorded in the form of electronic or magnetic media (including information, files, databases or programs stored on any digital or analog machine-readable device, computers, discs, networks or tapes). Counsel for the Producing Party will designate Electronic Data as “CONFIDENTIAL” in a cover letter identifying the information generally. When feasible, counsel for the Producing Party will also mark the electronic or magnetic media with the appropriate designation. Whenever any party to whom Electronic Data designated as Confidential Information is produced reduces such material to hardcopy form, such party shall mark the hardcopy form with the label specified in subparagraph 3.1. Whenever any Confidential Information Electronic Data is copied into another file, all such copies shall also be marked “CONFIDENTIAL” as appropriate.

         To the extent that any party or counsel for any party creates, develops or otherwise establishes on any digital or analog machine-readable device, recording media, computers, discs, networks or tapes any information, files, databases or programs that contain information designated “CONFIDENTIAL”, that party and its counsel must take all necessary steps to ensure that access to that electronic or magnetic media ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.