United States District Court, C.D. California
HOWARD FAN, individually an on behalf of all others similarly situated, Plaintiff,
DELTA AIR LINES, INC., a Delaware corporation; and DOES 1-50, inclusive, Defendants.
PROTECTIVE ORDER [DISCOVERY DOCUMENT: REFERRED TO
MAGISTRATE JUDGE SUZANNE H. SEGAL]
SUZANNE H. SEGAL MAGISTRATE JUDGE
PURPOSES AND LIMITATIONS
and discovery in this action is likely to involve production
of confidential, proprietary, or private information for
which special protection from public disclosure and from use
for any purpose other than prosecuting this litigation may be
warranted. Accordingly, the parties hereby stipulate to and
petition the Court to enter the following Stipulated
Protective Order. The parties acknowledge that this Order
does not confer blanket protections on all disclosures or
responses to discovery and that the protection it affords
from public disclosure and use extends only to the limited
information or items that are entitled to confidential
treatment under the applicable legal principles. The parties
further acknowledge, as set forth in Section 12.3, below,
that this Stipulated Protective Order does not entitle them
to file confidential information under seal; the Central
District of California's Local Rules, including Civil
Local Rule 79-5, sets forth the procedures that must be
followed and the standards that will be applied when a party
seeks permission from the Court to file material under seal.
GOOD CAUSE STATEMENT
action is likely to involve proprietary business and
confidential employee information for which special
protection from public disclosure and from use for any
purpose other than prosecution of this action is warranted.
confidential and proprietary materials and information
consist of, among other things, confidential business,
commercial or financial information (including compensation
plans and programs and information implicating privacy rights
of third parties) and private information of Defendant's
current and former employees who are not parties to this
action (including information of these third parties
regarding their compensation with Defendant and their payroll
records) that is otherwise generally unavailable to the
public, or which may be privileged or otherwise protected
from disclosure under state or federal statutes, court rules,
case decisions, or common law.
to expedite the flow of information, to facilitate the prompt
resolution of disputes over confidentiality of discovery
materials, to adequately protect information the parties are
entitled to keep confidential, to ensure that the parties are
permitted reasonable necessary uses of such material in
preparation for and in the conduct of trial, to address their
handling at the end of the litigation, and serve the ends of
justice, a protective order for such information is justified
in this matter. It is the intent of the parties that
information will not be designated as confidential for
tactical reasons and that nothing be so designated without a
good faith belief that it has been maintained in a
confidential, non-public manner, and there is good cause why
it should not be part of the public record of this case.
Action: this pending federal lawsuit.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c), as specified
above in the Good Cause Statement.
Counsel (without qualifier): Outside Counsel of
Record and House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this Action.
House Counsel: attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party, and
includes support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Stipulation and Protective
Order cover not only Protected Material (as defined above),
but also (1) any information copied or extracted from
Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any deposition
testimony, conversations, or presentations by Parties or
their Counsel that might reveal Protected Material. However,
the protections conferred by this Stipulation and Protective
Order do not cover the following information: (a) any
information that is in the public domain at the time of
disclosure to a Receiving Party or becomes part of the public
domain after its disclosure to a Receiving Party as a result
of publication not involving a violation of this Protective
Order, including becoming part of the public record through
trial or otherwise; and (b) any information known to the
Receiving Party prior to the disclosure or obtained by the
Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of
confidentiality to the Designating Party.
of Protected Material at trial shall be governed by a
separate agreement or order of the trial judge. This Order