distinguishing “good cause” showing for sealing documents produced in 5 discovery from “compelling reasons” standard when merits-related documents are 6 7 part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing documents produced in 5 discovery from “compelling reasons” standard when merits-related documents are 6 7 part of court record
Written by the judges who cited it.
The opinion
1 Adam P. KohSweeney (S.B. #229983)
akohsweeney@omm.com
2
Kristin M. MacDonnell (S.B. #307124)
kmacdonnell@omm.com
3
O’MELVENY & MYERS LLP
4 Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
5 Telephone: (415) 984-8700
Facsimile: (415) 984-8701
6
7 Attorneys for Defendant
United Airlines, Inc.
8
*Additional counsel on following page
9
10
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13
14 JOSE MEDINA, as an individual and Case No. 2:18-cv-07557-TJH-JC
on behalf of all aggrieved employees,
15
Plaintiff,
16
STIPULATED PROTECTIVE
v. ORDER
17
18 UNITED AIRLINES, INC., a Delaware [CHANGES MADE BY COURT TO
Corporation; and Does 1 through 100, PARAGRAPHS IVA, IVB, IXB, &
19 inclusive, XC]
20
Defendants.
21
22
23
24
1 Larry W. Lee, Esq. (SBN 228175)
DIVERSITY LAW GROUP
2
515 S. Figueroa St. Suite 1250
Los Angeles, CA 90071
3
Telephone: (213) 488-6555
4 Facsimile: (213) 488-6554
lwlee@diversitylaw.com
5
Edward W. Choi, Esq. (SBN 211334)
6
LAW OFFICES OF CHOI & ASSOCIATES
7 515 S. Figueroa St. Suite 1250
Los Angeles, CA 90071
8 Telephone: (213) 381-1515
Facsimile: (213) 465-4885
9
edward.choi@calaw.biz
10
William L. Marder, Esq. (SBN 170131)
11 POLARIS LAW GROUP
501 San Benito Street, Suite 200
12 Hollister, CA 95023
Telephone: (831) 531-4214
13
Facsimile: (831) 634-0333
14
Attorneys for Plaintiff
15 Jose Medina
16
17
18
19
20
21
22
23
24
1 I. PURPOSES AND LIMITATIONS
2
A. Discovery in this action is likely to involve production of
3
confidential, proprietary, or private information for which special protection from
4
public disclosure and from use for any purpose other than prosecuting this
5
litigation may be warranted. Accordingly, the parties hereby stipulate to and
6
7 petition the Court to enter the following Stipulated Protective Order. The parties
8 acknowledge that this Order does not confer blanket protections on all disclosures
9
or responses to discovery and that the protection it affords from public disclosure
10
and use extends only to the limited information or items that are entitled to
11
confidential treatment under the applicable legal principles. The parties further
12
acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective
13
14 Order does not entitle them to file confidential information under seal; Civil Local
15 Rule 79-5 sets forth the procedures that must be followed and the standards that
16
will be applied when a party seeks permission from the Court to file material
17
under seal.
18
II. GOOD CAUSE STATEMENT
19
A. This action is likely to involve sensitive information concerning
20
21 parties or nonparties which relates to personnel records (including, but not limited
22 to, employee’s contact information), payroll records, human resources processes,
23
business records, process, policies, or practices, operations, plans or apparatus,
24
1 identification of customers, and other commercial, financial, technical and/or
2
proprietary information for which special protection from public disclosure and
3
from use for any purpose other than prosecution of this action is warranted. Such
4
confidential and proprietary materials and information consist of, among other
5
things, confidential business or financial information, information regarding
6
7 confidential business practices, or other confidential research, development, or
8 commercial information (including information implicating privacy rights of third
9
parties), information otherwise generally unavailable to the public, or which may
10
be privileged or otherwise protected from disclosure under state or federal
11
statutes, court rules, case decisions, or common law. Accordingly, to expedite the
12
flow of information, to facilitate the prompt resolution of disputes over
13
14 confidentiality of discovery materials, to adequately protect information the
15 parties are entitled to keep confidential, to ensure that the parties are permitted
16
reasonable necessary uses of such material in preparation for and in the conduct of
17
trial, to address their handling at the end of the litigation, and serve the ends of
18
justice, a protective order for such information is justified in this matter. It is the
19
intent of the parties that information will not be designated as confidential for
20
21 tactical reasons and that nothing be so designated without a good faith belief that
22 it has been maintained in a confidential, non-public manner, and there is good
23
cause why it should not be part of the public record of this case.
24
1 III. DEFINITIONS
2
A. Action: Jose Medina v. United Airlines, Inc., C.D. Cal. Case No.
3
2:18-cv-07557-TJH-JC.
4
B. Challenging Party: A Party or Non-Party that challenges the
5
designation of information or items under this Order.
6
7 C. “CONFIDENTIAL” Information or Items: Information (regardless
8 of how it is generated, stored or maintained) or tangible things that qualify for
9
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
10
the Good Cause Statement.
11
D. Counsel: Outside Counsel of Record and House Counsel (as well as
12
their support staff).
13
14 E. Designating Party: A Party or Non-Party that designates information
15 or items that it produces in disclosures or in responses to discovery as
16
“CONFIDENTIAL.”
17
F. Disclosure or Discovery Material: All items or information,
18
regardless of the medium or manner in which it is generated, stored, or maintained
19
(including, among other things, testimony, transcripts, and tangible things), that
20
21 are produced or generated in disclosures or responses to discovery in this matter.
22
23
24
1 G. Expert: A person with specialized knowledge or experience in a
2
matter pertinent to the litigation who has been retained by a Party or its counsel to
3
serve as an expert witness or as a consultant in this Action.
4
H. House Counsel: Attorneys who are employees of a party to this
5
Action. House Counsel does not include Outside Counsel of Record or any other
6
7 outside counsel.
8 I. Non-Party: Any natural person, partnership, corporation, association,
9
or other legal entity not named as a Party to this action.
10
J. Outside Counsel of Record: Attorneys who are not employees of a
11
party to this Action but are retained to represent or advise a party to this Action
12
and have appeared in this Action on behalf of that party or are affiliated with a law
13
14 firm which has appeared on behalf of that party, and includes support staff.
15 K. Party: Any party to this Action, including all of its officers,
16
directors, employees, consultants, retained experts, and Outside Counsel of
17
Record (and their support staffs).
18
L. Producing Party: A Party or Non-Party that produces Disclosure or
19
Discovery Material in this Action.
20
21 M. Professional Vendors: Persons or entities that provide litigation
22 support services (e.g., photocopying, videotaping, translating, preparing exhibits
23
24
1 or demonstrations, and organizing, storing, or retrieving data in any form or
2
medium) and their employees and subcontractors.
3
N. Protected Material: Any Disclosure or Discovery Material that is
4
designated as “CONFIDENTIAL.”
5
O. Receiving Party: A Party that receives Disclosure or Discovery
6
7 Material from a Producing Party.
8 IV. SCOPE
9
A. The protections conferred by this Stipulation and Order cover not
10
only Protected Material (as defined above), but also (1) any information copied or
11
extracted from Protected Material; (2) all copies, excerpts, summaries, or
12
compilations of Protected Material; and (3) any deposition testimony,
13
14 conversations, or presentations by Parties or their Counsel that might reveal
15 Protected Material, other than during a court hearing or at trial.
16
B. Any use of Protected Material during a court hearing or at trial shall
17
be governed by the orders of the presiding judge. This Order does not govern the
18
use of Protected Material during a court hearing or at trial.
19
V. DURATION
20
21 A. Once a case proceeds to trial, all of the information that was
22 designated as confidential or maintained pursuant to this Protective Order
23
becomes public and will be presumptively available to all members of the public,
24
1 including the press, unless compelling reasons supported by specific factual
2
findings to proceed otherwise are made to the trial judge in advance of the trial.
3
See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir.
4
2006) (distinguishing “good cause” showing for sealing documents produced in
5
discovery from “compelling reasons” standard when merits-related documents are
6
7 part of court record). Accordingly, the terms of this Protective Order do not
8 extend beyond the commencement of the trial.
9
B. Even after final disposition of this litigation, the confidentiality
10
obligations imposed by this Order shall remain in effect until a Designating Party
11
agrees otherwise in writing or a court order otherwise directs. Final disposition
12
shall be deemed to be the later of (1) dismissal of all claims and defenses in this
13
14 Action, with or without prejudice; and (2) final judgment herein after the
15 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
16
of this Action, including the time limits for filing any motions or applications for
17
extension of time pursuant to applicable law.
18
VI. DESIGNATING PROTECTED MATERIAL
19
A. Exercise of Restraint and Care in Designating Material for Protection
20
21 1. Each Party or Non-Party that designates information or items for
22 protection under this Order must take care to limit any such designation to specific
23
material that qualifies under the appropriate standards. The Designating Party
24
1 must designate for protection only those parts of material, documents, items, or
2
oral or written communications that qualify so that other portions of the material,
3
documents, items, or communications for which protection is not warranted are
4
not swept unjustifiably within the ambit of this Order.
5
2. Mass, indiscriminate, or routinized designations are prohibited.
6
7 Designations that are shown to be clearly unjustified or that have been made for
8 an improper purpose (e.g., to unnecessarily encumber the case development
9
process or to impose unnecessary expenses and burdens on other parties) may
10
expose the Designating Party to sanctions.
11
3. If it comes to a Designating Party’s attention that information or
12
items that it designated for protection do not qualify for protection, that
13
14 Designating Party must promptly notify all other Parties that it is withdrawing the
15 inapplicable designation.
16
B. Manner and Timing of Designations
17
1. Except as otherwise provided in this Order (see, e.g., Section B(2)(b)
18
below), or as otherwise stipulated or ordered, Disclosure or Discovery Material
19
that qualifies for protection under this Order must be clearly so designated before
20
21 the material is disclosed or produced.
22
23
24
1 2. Designation in conformity with this Order requires the following:
2
a. For information in documentary form (e.g., paper or electronic
3
documents, but excluding transcripts of depositions or other pretrial or trial
4
proceedings), that the Producing Party affix at a minimum, the legend
5
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
6
7 contains protected material. If only a portion or portions of the material on a page
8 qualifies for protection, the Producing Party also must clearly identify the
9
protected portion(s) (e.g., by making appropriate markings in the margins).
10
b. A Party or Non-Party that makes original documents available for
11
inspection need not designate them for protection until after the inspecting Party
12
has indicated which documents it would like copied and produced. During the
13
14 inspection and before the designation, all of the material made available for
15 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
16
identified the documents it wants copied and produced, the Producing Party must
17
determine which documents, or portions thereof, qualify for protection under this
18
Order. Then, before producing the specified documents, the Producing Party must
19
affix the “CONFIDENTIAL legend” to each page that contains Protected
20
21 Material. If only a portion or portions of the material on a page qualifies for
22 protection, the Producing Party also must clearly identify the protected portion(s)
23
(e.g., by making appropriate markings in the margins).
24
1 c. For testimony given in depositions, that the Designating Party
2
identify the Disclosure or Discovery Material on the record, before the close of the
3
deposition all protected testimony.
4
d. For information produced in form other than document and for any
5
other tangible items, that the Producing Party affix in a prominent place on the
6
7 exterior of the container or containers in which the information is stored the
8 legend “CONFIDENTIAL.” If only a portion or portions of the information
9
warrants protection, the Producing Party, to the extent practicable, shall identify
10
the protected portion(s).
11
C. Inadvertent Failure to Designate
12
1. If timely corrected, an inadvertent failure to designate qualified
13
14 information or items does not, standing alone, waive the Designating Party’s right
15 to secure protection under this Order for such material. Upon timely correction of
16
a designation, the Receiving Party must make reasonable efforts to assure that the
17
material is treated in accordance with the provisions of this Order.
18
VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
19
A. Timing of Challenges
20
21 1. Any party or Non-Party may challenge a designation of
22 confidentiality at any time that is consistent with the Court’s Scheduling Order.
23
24
1 B. Meet and Confer
2
1. The Challenging Party shall initiate the dispute resolution process
3
under Local Rule 37.1 et seq.
4
C. The burden of persuasion in any such challenge proceeding shall be
5
on the Designating Party. Frivolous challenges, and those made for an improper
6
7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
8 parties) may expose the Challenging Party to sanctions. Unless the Designating
9
Party has waived or withdrawn the confidentiality designation, all parties shall
10
continue to afford the material in question the level of protection to which it is
11
entitled under the Producing Party’s designation until the Court rules on the
12
challenge.
13
14 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
15 A. Basic Principles
16
1. A Receiving Party may use Protected Material that is disclosed or
17
produced by another Party or by a Non-Party in connection with this Action only
18
for prosecuting, defending, or attempting to settle this Action. Such Protected
19
Material may be disclosed only to the categories of persons and under the
20
21 conditions described in this Order. When the Action has been terminated, a
22 Receiving Party must comply with the provisions of Section XIV below.
23
24
1 2. Protected Material must be stored and maintained by a Receiving
2
Party at a location and in a secure manner that ensures that access is limited to the
3
persons authorized under this Order.
4
B. Disclosure of “CONFIDENTIAL” Information or Items
5
1. Unless otherwise ordered by the Court or permitted in writing by the
6
7 Designating Party, a Receiving Party may disclose any information or item
8 designated “CONFIDENTIAL” only to:
9
a. The Receiving Party’s Outside Counsel of Record in this Action, as
10
well as employees of said Outside Counsel of Record to whom it is reasonably
11
necessary to disclose the information for this Action;
12
b. The officers, directors, and employees (including House Counsel) of
13
14 the Receiving Party to whom disclosure is reasonably necessary for this Action;
15 c. Experts (as defined in this Order) of the Receiving Party to whom
16
disclosure is reasonably necessary for this Action and who have signed the
17
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
d. The Court and its personnel;
19
e. Court reporters and their staff;
20
21 f. Professional jury or trial consultants, mock jurors, and Professional
22 Vendors to whom disclosure is reasonably necessary or this Action and who have
23
24
1 signed the “Acknowledgment and Agreement to be Bound” attached as Exhibit A
2
hereto;
3
g. The author or recipient of a document containing the information or a
4
custodian or other person who otherwise possessed or knew the information;
5
h. During their depositions, witnesses, and attorneys for witnesses, in
6
7 the Action to whom disclosure is reasonably necessary provided: (i) the deposing
8 party requests that the witness sign the “Acknowledgment and Agreement to Be
9
Bound;” and (ii) they will not be permitted to keep any confidential information
10
unless they sign the “Acknowledgment and Agreement to Be Bound,” unless
11
otherwise agreed by the Designating Party or ordered by the Court. Pages of
12
transcribed deposition testimony or exhibits to depositions that reveal Protected
13
14 Material may be separately bound by the court reporter and may not be disclosed
15 to anyone except as permitted under this Stipulated Protective Order; and
16
i. Any mediator or settlement officer, and their supporting personnel,
17
mutually agreed upon by any of the parties engaged in settlement discussions.
18
C. Under no circumstances will Plaintiff or his attorneys or agents share
19
Confidential Information with any labor union, collective bargaining agent, or
20
21 similar entity, or any employee, agent or affiliate thereof (individually and
22 collectively, “Labor Union”); provided, however, that in the event that Plaintiff
23
believes or contends that a Labor Union meets the definition of a Qualified
24
1 Person, Plaintiff may disclose Confidential Information to said Labor Union to the
2
extent that Plaintiff provides written notice to Defendant ten (10) business days
3
prior to the disclosure of the Confidential Information. Said written notice must
4
include a description, by reference to bates number or document name, of the
5
documents which Plaintiff intends to disclose. If Defendant objects to the
6
7 disclosure, Defendant shall notify Plaintiff in writing within five (5) business days
8 (after receipt of notice of intended disclosure from Plaintiff). If the parties’
9
dispute cannot be resolved within five (5) business day after Defendant notifies
10
Plaintiff of their objection, Defendant will file a motion consistent with Section
11
VII herein. While any objection or motion is pending, the challenged Discovery
12
Material shall be treated as Confidential until the Court rules otherwise.
13
14 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED
15 PRODUCED IN OTHER LITIGATION
16
A. If a Party is served with a subpoena or a court order issued in other
17
litigation that compels disclosure of any information or items designated in this
18
Action as “CONFIDENTIAL,” that Party must:
19
1. Promptly notify in writing the Designating Party. Such notification
20
21 shall include a copy of the subpoena or court order;
22 2. Promptly notify in writing the party who caused the subpoena or
23
order to issue in the other litigation that some or all of the material covered by the
24
1 subpoena or order is subject to this Protective Order. Such notification shall
2
include a copy of this Stipulated Protective Order; and
3
3. Cooperate with respect to all reasonable procedures sought to be
4
pursued by the Designating Party whose Protected Material may be affected.
5
B. If the Designating Party timely seeks a protective order, the Party
6
7 served with the subpoena or court order shall not produce any information
8 designated in this action as “CONFIDENTIAL” before a determination by the
9
Court from which the subpoena or order issued, unless the Party has obtained the
10
Designating Party’s permission or unless otherwise required by the law or court
11
order. The Designating Party shall bear the burden and expense of seeking
12
protection in that court of its confidential material and nothing in these provisions
13
14 should be construed as authorizing or encouraging a Receiving Party in this
15 Action to disobey a lawful directive from another court.
16
X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
17
PRODUCED IN THIS LITIGATION
18
A. The terms of this Order are applicable to information produced by a
19
Non-Party in this Action and designated as “CONFIDENTIAL.” Such
20
21 information produced by Non-Parties in connection with this litigation is protected
22 by the remedies and relief provided by this Order. Nothing in these provisions
23
24
1 should be construed as prohibiting a Non-Party from seeking additional
2
protections.
3
B. In the event that a Party is required, by a valid discovery request, to
4
produce a Non-Party’s confidential information in its possession, and the Party is
5
subject to an agreement with the Non-Party not to produce the Non-Party’s
6
7 confidential information, then the Party shall:
8 1. Promptly notify in writing the Requesting Party and the Non-Party
9
that some or all of the information requested is subject to a confidentiality
10
agreement with a Non-Party;
11
2. Promptly provide the Non-Party with a copy of the Stipulated
12
Protective Order in this Action, the relevant discovery request(s), and a reasonably
13
14 specific description of the information requested; and
15 3. Make the information requested available for inspection by the Non-
16
Party, if requested.
17
C. If the Non-Party fails to seek a protective order from this court
18
within 14 days of receiving the notice and accompanying information, the
19
Receiving Party may produce the Non-Party’s confidential information responsive
20
21 to the discovery request. If the Non-Party timely seeks a protective order, the
22 Receiving Party shall not produce any information in its possession or control that
23
is subject to the confidentiality agreement with the Non-Party before a
24
1 determination by the court unless otherwise required by the law or court order.
2
Absent a court order to the contrary, the Non-Party shall bear the burden and
3
expense of seeking protection in this court of its Protected Material.
4
XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
5
A. If a Receiving Party learns that, by inadvertence or otherwise, it has
6
7 disclosed Protected Material to any person or in any circumstance not authorized
8 under this Stipulated Protective Order, the Receiving Party must immediately (1)
9
notify in writing the Designating Party of the unauthorized disclosures, (2) use its
10
best efforts to retrieve all unauthorized copies of the Protected Material, (3)
11
inform the person or persons to whom unauthorized disclosures were made of all
12
the terms of this Order, and (4) request such person or persons to execute the
13
14 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit
15 A.
16
XII. INADVERTENT PRODUCTION OF PRIVILEGED OR
17
OTHERWISE PROTECTED MATERIAL
18
A. When a Producing Party gives notice to Receiving Parties that certain
19
inadvertently produced material is subject to a claim of privilege or other
20
21 protection, the obligations of the Receiving Parties are those set forth in Federal
22 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
23
whatever procedure may be established in an e-discovery order that provides for
24
1 production without prior privilege review. Pursuant to Federal Rule of Evidence
2
502(d) and (e), insofar as the parties reach an agreement on the effect of
3
disclosure of a communication or information covered by the attorney-client
4
privilege or work product protection, the parties may incorporate their agreement
5
in the Stipulated Protective Order submitted to the Court.
6
7 XIII. MISCELLANEOUS
8 A. Right to Further Relief
9
1. Nothing in this Order abridges the right of any person to seek its
10
modification by the Court in the future.
11
B. Right to Assert Other Objections
12
1. By stipulating to the entry of this Protective Order, no Party waives
13
14 any right it otherwise would have to object to disclosing or producing any
15 information or item on any ground not addressed in this Stipulated Protective
16
Order. Similarly, no Party waives any right to object on any ground to use in
17
evidence of any of the material covered by this Protective Order.
18
C. Filing Protected Material
19
1. A Party that seeks to file under seal any Protected Material must
20
21 comply with Civil Local Rule 79-5. Protected Material may only be filed under
22 seal pursuant to a court order authorizing the sealing of the specific Protected
23
Material at issue. If a Party's request to file Protected Material under seal is
24
1 denied by the Court, then the Receiving Party may file the information in the
2
public record unless otherwise instructed by the Court.
3
XIV. FINAL DISPOSITION
4
A. After the final disposition of this Action, as defined in Section V,
5
within sixty (60) days of a written request by the Designating Party, each
6
7 Receiving Party must return all Protected Material to the Producing Party or
8 destroy such material. As used in this subdivision, “all Protected Material”
9
includes all copies, abstracts, compilations, summaries, and any other format
10
reproducing or capturing any of the Protected Material. Whether the Protected
11
Material is returned or destroyed, the Receiving Party must submit a written
12
certification to the Producing Party (and, if not the same person or entity, to the
13
14 Designating Party) by the 60 day deadline that (1) identifies (by category, where
15 appropriate) all the Protected Material that was returned or destroyed and (2)
16
affirms that the Receiving Party has not retained any copies, abstracts,
17
compilations, summaries or any other format reproducing or capturing any of the
18
Protected Material. Notwithstanding this provision, Counsel are entitled to retain
19
an archival copy of all pleadings, motion papers, trial, deposition, and hearing
20
21 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
22 reports, attorney work product, and consultant and expert work product, even if
23
such materials contain Protected Material. Any such archival copies that contain
24
1 or constitute Protected Material remain subject to this Protective Order as set forth
2
in Section V.
3
B. Any violation of this Order may be punished by any and all
4
appropriate measures including, without limitation, contempt proceedings and/or
5
monetary sanctions.
6
7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
8
Dated: October 13, 2021 /s/ Larry Lee
9
By: Larry Lee
10
Larry W. Lee, Esq. (SBN 228175)
11 DIVERSITY LAW GROUP
515 S. Figueroa St. Suite 1250
12 Los Angeles, CA 90071
Telephone: (213) 488-6555
13
Facsimile: (213) 488-6554
14 lwlee@diversitylaw.com
15 Edward W. Choi, Esq. (SBN 211334)
LAW OFFICES OF CHOI &
16
ASSOCIATES
515 S. Figueroa St. Suite 1250
17
Los Angeles, CA 90071
18 Telephone: (213) 381-1515
Facsimile: (213) 465-4885
19 edward.choi@calaw.biz
20
William L. Marder, Esq. (SBN 170131)
21 POLARIS LAW GROUP
501 San Benito Street, Suite 200
22 Hollister, CA 95023
Telephone: (831) 531-4214
23
Facsimile: (831) 634-0333
24
1 Attorneys for Plaintiff
Jose Medina
2
3
Dated: October 13, 2021 /s/ Adam P. KohSweeney
4 By: Adam P. KohSweeney
5 Adam P. KohSweeney (S.B. #229983)
akohsweeney@omm.com
6
Kristin M. MacDonnell (S.B. #307124)
7 kmacdonnell@omm.com
O’MELVENY & MYERS LLP
8 Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
9
Telephone: (415) 984-8700
Facsimile: (415) 984-8701
10
11 Attorneys for Defendant
United Airlines, Inc.
12
13
ATTESTATION
14
Pursuant to Local Rule 5-4.3.4 regarding signatures, I attest that I have
15
obtained the concurrence in the filing of this document from all signatories.
16
By: /s/ Adam P. KohSweeney
17
Adam P. KohSweeney
18 Attorney for Defendant United Airlines, Inc.
19
20
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21
22 Dated: October 20, 2021 /s/
Hon. Jacqueline Chooljian
23 United States Magistrate Judge
24
1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
3
I, [print or type full name], of
4
[print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
7 was issue by the United States District Court for the Central District of California
8 on October 20, 2021 in the case of Jose Medina v. United Airlines, Inc., C.D. Cal.
9
Case No. 2:18-cv-07557-TJH-JC. I agree to comply with and to be bound by all
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the terms of this Stipulated Protective Order and I understand and acknowledge
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that failure to so comply could expose me to sanctions and punishment in the
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nature of contempt. I solemnly promise that I will not disclose in any manner any
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14 information or item that is subject to this Stipulated Protective Order to any
15 person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District
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Court for the Central District of California for the purpose of enforcing the terms
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of this Stipulated Protective Order, even if such enforcement proceedings occur
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after termination of this action. I hereby appoint
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21 [print or type full name] of [print or type full
22 address and telephone number] as my California agent for service of process in
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1 connection with this action or any proceedings related to enforcement of this
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Stipulated Protective Order.
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Date:
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City and State where sworn and signed:
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7 Printed Name:
8 Signature:
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