The opinion
1 AakDoAhsMw ePe.n KeyO@HoSmWmE.cEoNmE Y (S.B. #229983)
2 KRISTIN M. MACDONNELL (S.B. #307124)
kmacdonnell@omm.com
3 O’MELVENY & MYERS LLP
Two Embarcadero Center
4 28th Floor
San Francisco, California 94111-3823
5 Telephone: +1 415 984 8700
Facsimile: +1 415 984 8701
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Attorneys for Defendant
7 UNITED AIRLINES, INC.
8 [Additional counsel next page]
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12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA
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15 MICHAEL JOHNSON, individually, Case No. 2:25-cv-12007-SB-SK
and on behalf of other members of
16 the general public similarly situated,
17 Plaintiff, STIPULATION AND PROPOSED
PROTECTIVE ORDER
18 v.
19 UNITED AIRLINES, INC., a
Delaware corporation; and DOES 1
20 through 100, inclusive,
21 Defendant.
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1 CHERYL KENNER (SBN 305758)
2 c.kenner@calljustice.com
ARMAN MARUKYAN (SBN 327150)
3 arman@calljustice.com
4 DOMINIC SCARANGELLA (SBN 347695)
d.scarangella@calljustice.com
5 LAWYERS for JUSTICE, PC
6 450 North Brand Blvd., Suite 900
Glendale, California 91203
7 Tel: (818) 265-1020
8 Fax: (818) 265-1021
9 Attorneys for Plaintiff
10 MICHAEL JOHNSON, individually, and
on behalf of all others similarly situated
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1 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than pursuing this litigation may be
5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles. The parties further acknowledge, as set forth
11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
12 file confidential information under seal; Civil Local Rule 79-5 sets forth the
13 procedures that must be followed and the standards that will be applied when a
14 party seeks permission from the court to file material under seal.
15 2. GOOD CAUSE STATEMENT
16 The parties anticipate that documents and/or information containing trade
17 secrets or other confidential and proprietary technical, cost, operational, marketing,
18 or other commercial information, as well as personally identifiable information,
19 may be produced in the course of discovery in this action or otherwise disclosed or
20 provided, and the parties wish to protect the confidentiality of such documents and
21 information while ensuring that discovery may be pursued with minimal delay ad
22 expense. Such confidential materials are anticipated to consist of, among other
23 things: correspondence; memoranda; personnel records; payroll records; human
24 resources processes; business records, policies, practices, operations, or plans;
25 financial records; amount or source of any income, profits, losses, or expenditures.
26 The confidential information contained in such materials is likely to be contained or
27 disclosed in documents, portions of documents, answers to interrogatories,
28 responses to requests for admissions, trial testimony, deposition testimony, and
1 transcripts of trial testimony and depositions, including data, summaries, and
2 compilations derived therefrom that is deemed to be Confidential Information by
3 any party to which it belongs. Accordingly, to expedite the flow of information, to
4 facilitate the prompt resolution of disputes over confidentiality of discovery
5 materials, to adequately protect information the parties are entitled to keep
6 confidential, to ensure that the parties are permitted reasonable necessary uses of
7 such material in preparation for and in the conduct of trial, to address their handling
8 at the end of the litigation, and to serve the ends of justice, a protective order for
9 such information is justified in this matter. It is the intent of the parties that
10 information will not be designated as confidential for tactical reasons and that
11 nothing be so designated without a good faith belief that it has been maintained in a
12 confidential, non-public manner, and there is good cause why it should not be part
13 of the public record of this case.
14 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
15 The parties further acknowledge, as set forth in Section 14.3, below, that this
16 Stipulated Protective Order does not entitle them to file confidential information
17 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
18 and the standards that will be applied when a party seeks permission from the court
19 to file material under seal. There is a strong presumption that the public has a right
20 of access to judicial proceedings and records in civil cases. In connection with non-
21 dispositive motions, good cause must be shown to support a filing under seal. See
22 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
23 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
24 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
25 stipulated protective orders require good cause showing), and a specific showing of
26 good cause or compelling reasons with proper evidentiary support and legal
27 justification, must be made with respect to Protected Material that a party seeks to
28 file under seal. The parties’ mere designation of Disclosure or Discovery Material
1 as CONFIDENTIAL does not— without the submission of competent evidence by
2 declaration, establishing that the material sought to be filed under seal qualifies as
3 confidential, privileged, or otherwise protectable—constitute good cause.
4 Further, if a party requests sealing related to a dispositive motion or trial,
5 then compelling reasons, not only good cause, for the sealing must be shown, and
6 the relief sought shall be narrowly tailored to serve the specific interest to be
7 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
8 2010). For each item or type of information, document, or thing sought to be filed
9 or introduced under seal, the party seeking protection must articulate c ompelling
10 reasons, supported by specific facts and legal justification, for the requested sealing
11 order. Again, competent evidence supporting the application to file documents
12 under seal must be provided by declaration.
13 Any document that is not confidential, privileged, or otherwise
14 protectable in its entirety will not be filed under seal if the confidential portions
15 can be redacted. If documents can be redacted, then a redacted version for
16 public viewing, omitting only the confidential, privileged, or otherwise protectable
17 portions of the document, shall be filed. Any application that seeks
18 to file documents under seal in their entirety should include an explanation of
19 why redaction is not feasible.
20 4. DEFINITIONS
21 4.1 Action: the above-captioned lawsuit.
22 4.2 Challenging Party: a Party or Non-Party that challenges the designation
23 of information or items under this Order.
24 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
25 how it is generated, stored or maintained) or tangible things that qualify for
26 protection under Federal Rule of Civil Procedure 26(c), and as specified
27 above in the Good Cause Statement.
28 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
1 their support staff).
2 4.5 Designating Party: a Party or Non-Party that designates information or
3 items that it produces in disclosures or in responses to discovery as
4 “CONFIDENTIAL.”
5 4.6 Disclosure or Discovery Material: all items or information, regardless
6 of the medium or manner in which it is generated, stored, or maintained
7 (including, among other things, testimony, transcripts, and tangible things),
8 that are produced or generated in disclosures or responses to discovery in
9 this matter.
10 4.7 Expert: a person with specialized knowledge or experience in a matter
11 pertinent to the litigation who has been retained by a Party or its counsel to
12 serve as an expert witness or as a consultant in this Action.
13 4.8 House Counsel: attorneys who are employees of a party to this Action.
14 House Counsel does not include Outside Counsel of Record or any other
15 outside counsel.
16 4.9 Non-Party: any natural person, partnership, corporation, association, or
17 other legal entity not named as a Party to this action.
18 4.10 Outside Counsel of Record: attorneys who are not employees of a
19 party to this Action but are retained to represent or advise a party to this
20 Action and have appeared in this Action on behalf of that party or are
21 affiliated with a law firm which has appeared on behalf of that party, and
22 includes support staff.
23 4.11 Party: any party to this Action, including all of its officers, directors,
24 employees, consultants, retained experts, and Outside Counsel of Record
25 (and their support staffs).
26 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
27 Discovery Material in this Action.
28 4.13 Professional Vendors: persons or entities that provide litigation
1 support services (e.g., photocopying, videotaping, translating, preparing
2 exhibits or demonstrations, and organizing, storing, or retrieving data in any
3 form or medium) and their employees and subcontractors.
4 4.14 Protected Material: any Disclosure or Discovery Material that is
5 designated as “CONFIDENTIAL.”
6 4.15 Receiving Party: a Party that receives Disclosure or Discovery
7 Material from a Producing Party.
8 5. SCOPE
9 The protections conferred by this Stipulation and Order cover not only
10 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 testimony, conversations, or
13 presentations by the Parties or their Counsel that might reveal Protected Material.
14 Any use of Protected Material at trial shall be governed by the orders of the
15 trial judge and other applicable authorities. This Order does not govern the use of
16 Protected Material at trial.
17 6. DURATION
18 Even after final disposition of this litigation, the confidentiality obligations
19 imposed by this Order shall remain in effect until a Designating Party agrees
20 otherwise in writing or a court order otherwise directs. Final disposition shall be
21 deemed to be the later of (1) dismissal of all claims and defenses in this Action,
22 with or without prejudice; and (2) final judgment herein after the completion and
23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
24 including the time limits for filing any motions or applications for extension of time
25 pursuant to applicable law.
26 7. DESIGNATING PROTECTED MATERIAL
27 7.1 Exercise of Restraint and Care in Designating Material for Protection.
28 Each Party or Non-Party that designates information or items for protection under
1 this Order must take care to limit any such designation to specific material that
2 qualifies under the appropriate standards. The Designating Party must designate for
3 protection only those parts of material, documents, items, or oral or written
4 communications that qualify so that other portions of the material,
5 documents, items, or communications for which protection is not warranted are not
6 swept unjustifiably within the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations
8 that are shown to be clearly unjustified or that have been made for an improper
9 purpose (e.g., to unnecessarily encumber the case development process or to
10 impose unnecessary expenses and burdens on other parties) may expose the
11 Designating Party to sanctions.
12 If it comes to a Designating Party’s attention that information or items that it
13 designated for protection do not qualify for protection, that Designating Party must
14 promptly notify all other Parties that it is withdrawing the inapplicable designation.
15 7.2 Manner and Timing of Designations. Except as otherwise provided in
16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
17 stipulated or ordered, Disclosure of Discovery Material that qualifies for protection
18 under this Order must be clearly so designated before the material is disclosed or
19 produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic
22 documents, but excluding transcripts of depositions or other pretrial or trial
23 proceedings), that the Producing Party affix at a minimum, the legend
24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
25 contains protected material. If only a portion or portions of the material on a page
26 qualifies for protection, the Producing Party also must clearly identify the protected
27 portion(s) (e.g., by making appropriate markings in the margins).
28 A Party or Non-Party that makes original documents available for inspection
1 need not designate them for protection until after the inspecting Receiving Party has
2 indicated which documents it would like copied and produced. During the
3 inspection and before the designation, all of the material made available for
4 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Receiving
5 Party has identified the documents it wants copied and produced, the Producing
6 Party must determine which documents, or portions thereof, qualify for protection
7 under this Order. Then, before producing the specified documents, the Producing
8 Party must affix the “CONFIDENTIAL legend” to each page that contains
9 Protected Material. If only a portion or portions of the material on a page qualifies
10 for protection, the Producing Party also must clearly identify the protected
11 portion(s) (e.g., by making appropriate markings in the margins).
12 (b) for testimony given in depositions that the Designating Party identifies
13 the Disclosure or Discovery Material on the record, before the close of the
14 deposition all protected testimony, whenever possible, but a party may designate
15 portions of depositions as containing Confidential Information after transcription of
16 the proceedings. A party will have until thirty (30) days after receipt of the
17 deposition transcript to inform the other party or parties to the action of the portions
18 of the transcript to be designated “CONFIDENTIAL.” The originals of the
19 deposition transcripts and all copies of the deposition must bear the legend
20 “CONFIDENTIAL,” as appropriate, and the original or any copy ultimately
21 presented to a court for filing must not be filed unless it can be accomplished under
22 seal, identified as being subject to this Order, and protected from being opened
23 except by order of this Court.
24 (c) for information produced in some form other than documentary and
25 for any other tangible items, that the Producing Party affix in a prominent place on
26 the exterior of the container or containers in which the information is stored the
27 CONFIDENTIAL legend. If only a portion or portions of the information warrants
28 protection, the Producing Party, to the extent practicable, shall identify the
1 protected portion(s).
2 7.3 Inadvertent Failures to Designate. If a party, through inadvertence,
3 produces any Confidential Information without labeling or marking or otherwise
4 designating it as such in accordance with this Order, the designating party may give
5 written notice to the Receiving Party that the document or item produced is deemed
6 Confidential Information, and that the document or thing produced should be
7 treated as such in accordance with that designation under this Order. The
8 Receiving Party must treat the information or item as confidential, once the
9 Designating Party so notifies the Receiving Party. If the Receiving Party has
10 disclosed the information or item before receiving the designation, the Receiving
11 Party must notify the Designating Party in writing of such disclosure. Counsel for
12 the Parties will agree on a mutually acceptable manner of labeling or marking the
13 inadvertently produced information or items as “CONFIDENTIAL.” If timely
14 corrected, an inadvertent failure to designate qualified information or items does
15 not, standing alone, waive the Designating Party’s right to secure protection under
16 this Order for such material. Upon timely correction of a designation, the
17 Receiving Party must make reasonable efforts to assure that the material is treated
18 in accordance with the provisions of this Order.
19 7.4 Need for Heightened Designation. Nothing in ths Order prohibits a
20 Party from seeking heightened protections for material that deserves it.
21 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
22 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
23 designation of confidentiality at any time that is consistent with the Court’s
24 Scheduling Order.
25 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
26 resolution process under Local Rule 37-1 et seq.
27 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
28 joint stipulation pursuant to Local Rule 37-2.
1 8.4 The burden of persuasion in any such challenge proceeding shall be on
2 the Designating Party. Frivolous challenges, and those made for an improper
3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4 parties) may expose the Challenging Party to sanctions. Unless the Designating
5 Party has waived or withdrawn the confidentiality designation, all parties shall
6 continue to afford the material in question the level of protection to which it is
7 entitled under the Producing Party’s designation until the Court rules on the
8 challenge.
9 9. ACCESS TO AND USE OF PROTECTED MATERIAL
10 9.1 Basic Principles. A Receiving Party may use Protected Material that is
11 disclosed or produced by another Party or by a Non-Party in connection with this
12 Action only for prosecuting, defending, or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14 conditions described in this Order. When the Action has been terminated, a
15 Receiving Party must comply with the provisions of section 15 below (FINAL
16 DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at a
18 location and in a secure manner that ensures that access is limited to the persons
19 authorized under this Order. Counsel for each party, and each person receiving
20 Confidential Information, must take reasonable precautions to prevent the
21 unauthorized or inadvertent disclosure of such information.
22 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
23 otherwise ordered by the Court or permitted in writing by the Designating Party, a
24 Receiving Party may disclose any information or item designated
25 “CONFIDENTIAL” only to:
26 a) the named Party or Parties in this Action;
27 b) the Receiving Party’s Outside Counsel of Record in this Action, as
28 well as employees of said Outside Counsel of Record to whom it is
1 reasonably necessary to disclose the information for this Action;
2 c) the officers, directors, and employees (including House Counsel) of
3 the Receiving Party to whom disclosure is reasonably necessary for this Action;
4 d) Experts (as defined in this Order) of the Receiving Party to whom
5 disclosure is reasonably necessary for this Action and who have signed the
6 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
7 e) the Court and its personnel;
8 f) court reporters and their staff;
9 g) professional jury or trial consultants, mock jurors, and Professional
10 Vendors to whom disclosure is reasonably necessary for this Action and who have
11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 h) the author or recipient of a document containing the information or a
13 custodian or other person who otherwise possessed or knew the information;
14 i) during their depositions, witnesses, and attorneys for witnesses, in the
15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
16 requests that the witness sign the form attached as Exhibit A hereto; and (2) they
17 will not be permitted to keep any Confidential Information unless they sign the
18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
19 agreed by the Designating Party or ordered by the Court. Pages of transcribed
20 deposition testimony or exhibits to depositions that reveal Protected Material may
21 be separately bound by the court reporter and may not be disclosed to anyone
22 except as permitted under this Stipulated Protective Order;
23 j) any mediator or settlement officer, and their supporting personnel,
24 mutually agreed upon by any of the Parties engaged in settlement discussions;
25 k) technical personnel of the parties with whom Outside Counsel of
26 Record or House Counsel for the Parties find it necessary to consult, in the
27 discretion of such counsel, in preparation for trial of this Action;
28 l) stenographic and clerical employees associated with the individuals
1 identified above;
2 m) mock jury participants; and
3 n) any other person that the Designating Party agrees to in writing.
4 9.3 With respect to information or items designated “CONFIDENTIAL,”
5 any person indicated on the face of the document to be its originator, author, or
6 recipient of a copy of the document or information, may be shown the same.
7 9.4 Artificial Intelligence. The Party receiving Documents, Testimony, or
8 Information in discovery designated as “Confidential” shall not enter any
9 information from, enter a copy of, the Documents, Testimony, or Information
10 designated as “Confidential”, in whole or in part, into any publicly accessible
11 artificial intelligence (AI) platform – including, but not limited to, ChatGPT or
12 similar generative AI tools – for any purpose. This prohibition applies regardless of
13 its intended use. The Parties further agree to take reasonable steps to ensure that
14 their employees, counsel, agents, consultants, contractors, and any other persons or
15 entities who may have access to such Confidential materials comply with this
16 prohibition. Any violation of this provision may be addressed by the Court through
17 appropriate remedies.
18 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
19 IN OTHER LITIGATION
20 If a Party is served with a subpoena or a court order issued in other litigation
21 that compels disclosure of any information or items designated in this Action as
22 “CONFIDENTIAL,” that Party must:
23 (a) promptly notify in writing the Designating Party. Such notification
24 shall include a copy of the subpoena or court order;
25 (b) promptly notify in writing the Party who caused the subpoena or order
26 to issue in the other litigation that some or all of the material covered by the
27 subpoena or order is subject to this Protective Order. Such notification shall
28 include a copy of this Stipulated Protective Order; and
1 (c) cooperate with respect to all reasonable procedures sought to be
2 pursued by the Designating Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with
4 the subpoena or court order shall not produce any information designated in this
5 action as “CONFIDENTIAL” before a determination by the Court from which the
6 subpoena or order issued, unless the Party has obtained the Designating Party’s
7 permission. The Designating Party shall bear the burden and expense of seeking
8 protection in that court of its confidential material and nothing in these provisions
9 should be construed as authorizing or encouraging a Receiving Party in this Action
10 to disobey a lawful directive from another court.
11 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
12 PRODUCED IN THIS LITIGATION
13 (a) The terms of this Order are applicable to information produced by a
14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
15 produced by Non-Parties in connection with this litigation is protected by the
16 remedies and relief provided by this Order. Nothing in these provisions should be
17 construed as prohibiting a Non-Party from seeking additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to
19 produce a Non-Party’s Confidential Information in its possession, and the Party is
20 subject to an agreement with the Non-Party not to produce the Non-Party’s
21 Confidential Information, then the Party shall:
22 (1) promptly notify in writing the Requesting Party and the Non-
23 Party that some or all of the information requested is subject to a confidentiality
24 agreement with a Non-Party;
25 (2) promptly provide the Non-Party with a copy of the Stipulated
26 Protective Order in this Action, the relevant discovery request(s), and a reasonably
27 specific description of the information requested; and
28 (3) make the information requested available for inspection by the
1 Non-Party, if requested.
2 (c) If the Non-Party fails to seek a protective order from this Court within
3 fourteen (14) days of receiving the notice and accompanying information, the
4 Receiving Party may produce the Non-Party’s confidential information responsive
5 to the discovery request. If the Non-Party timely seeks a protective order, the
6 Receiving Party shall not produce any information in its possession or control that
7 is subject to the confidentiality agreement with the Non-Party before a
8 determination by the Court. Absent a court order to the contrary, the Non-Party
9 shall bear the burden and expense of seeking protection in this court of its Protected
10 Material.
11 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
13 Protected Material to any person or in any circumstance not authorized under this
14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
15 writing the Designating Party of the unauthorized disclosures, (b) use its best
16 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
17 person or persons to whom unauthorized disclosures were made of all the terms of
18 this Order, and (d) request such person or persons to execute the “Acknowledgment
19 and Agreement to Be Bound” that is attached hereto as Exhibit A. If Confidential
20 Information is disclosed to any person other than a person authorized by this Order,
21 the party responsible for the unauthorized disclosure must immediately bring all
22 pertinent facts relating to the unauthorized disclosure to the attention of the other
23 parties and, without prejudice to any rights and remedies of the other Parties, make
24 every effort to prevent further disclosure by the party and by the person(s) receiving
25 the unauthorized disclosure.
26 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
27 PROTECTED MATERIAL
28 When a Producing Party gives notice to Receiving Parties that certain
1 inadvertently produced material is subject to a claim of privilege or other
2 protection, the obligations of the Receiving Parties are those set forth in Federal
3 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
4 whatever procedure may be established in an e-discovery order that provides for
5 production without prior privilege review. Pursuant to Federal Rule of Evidence
6 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
7 of a communication or information covered by the attorney-client privilege or work
8 product protection, the parties may incorporate their agreement in the stipulated
9 protective order submitted to the court.
10 14. MISCELLANEOUS
11 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
12 person to seek its modification by the Court in the future.
13 14.2 Right to Assert Other Objections. By stipulating to the entry of this
14 Protective Order, no Party waives any right it otherwise would have to object to
15 disclosing or producing any information or item on any ground not addressed in
16 this Stipulated Protective Order. Similarly, no Party waives any right to object on
17 any ground to use in evidence of any of the material covered by this Protective
18 Order.
19 14.3 Filing Protected Material. A Party that seeks to file under seal any
20 Protected Material must comply with Local Civil Rule 79-5. Protected Material
21 may only be filed under seal pursuant to a court order authorizing the sealing of the
22 specific Protected Material at issue. If a Party’s request to file Protected Material
23 under seal is denied by the Court, then the Receiving Party may file the information
24 in the public record unless otherwise instructed by the Court.
25 14.4 Party’s Own Protected Material. Nothing in this Order is intended to,
26 or does, impose limitations on a Party’s use or disclosure of its own Protected
27 Material.
28 15. FINAL DISPOSITION
1 After the final disposition of this Action, as defined in paragraph 6, within
2 sixty (60) days of a written request by the Designating Party, each Receiving Party
3 must return all Protected Material to the Producing Party or destroy such material.
4 As used in this subdivision, “all Protected Material” includes all copies, abstracts,
5 compilations, summaries, and any other format reproducing or capturing any of the
6 Protected Material. Whether the Protected Material is returned or destroyed, the
7 Receiving Party must submit a written certification to the Producing Party (and, if
8 not the same person or entity, to the Designating Party) by the sixty (60) day
9 deadline that (1) identifies (by category, where appropriate) all the Protected
10 Material that was returned or destroyed and (2) affirms that the Receiving Party has
11 not retained any copies, abstracts, compilations, summaries or any other format
12 reproducing or capturing any of the Protected Material. Notwithstanding this
13 provision, Counsel are entitled to retain an archival copy of all pleadings, motion
14 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
15 deposition and trial exhibits, expert reports, attorney work product, and consultant
16 and expert work product, even if such materials contain Protected Material. Any
17 such archival copies that contain or constitute Protected Material remain subject to
18 this Protective Order as set forth in Section 6 (DURATION).
19 16. VIOLATION
20 Any violation of this Order may be punished by appropriate measures
21 including, without limitation, contempt proceedings and/or monetary sanctions.
22 17. MODIFICATIONS
23 This Order may be modified by agreement of the Parties, subject to approval
24 by the Court. The Court may modify the terms and conditions of this Order for
25 good cause, or in the interest of justice, at any time in these proceedings. The
26 Parties prefer that the Court provide them with notice of the Court’s intent to
27 modify the Order and the content of those modifications, prior to entry of such an
28 order.
1 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3 Dated: April 23, 2026 O’MELVENY & MYERS LLP
4
5 By: /s/ Adam P. KohSweeney
Adam P. KohSweeney
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Attorney for Defendant
7 UNITED AIRLINES, INC.
8
? Dated: April 23, 2026 LAWYERS FOR JUSTICE, PC
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11 By: /s/ Cheryl A. Kenner
Cheryl A. Kenner
Attorney for Plaintiff
13 MICHAEL JOHNSON, individually,
and on behalf of all others similarly
14 situated
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FOR GOOD CAUSE SHOWN IT IS SO ORDERED.
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Dated: April 29, 2026
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21 Steve Kim, U.S. Magistrate Judge
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-18- STIPULATED PROTECTIVE ORDER
YIS_OV_1INO7_CRB_SEK
1 SIGNATURE ATTESTATION
2 I hereby certify that the content of this document is acceptable to counsel for
3 Plaintiff, and that I have obtained said counsel’s authorization to affix their
4 electronic signature to this document.
5
6 By: /s/ Adam P. KohSweeney
Adam P. KohSweeney
7 Attorney for Defendant
UNITED AIRLINES, INC.
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1 EXHIBIT A
2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full
4 name], of [print or type full address], declare
5 under penalty of perjury that I have read in its entirety and understand the
6 Stipulated Protective Order that was issued by the United States District Court for
7 the Central District of California in the case of Michael Johnson v. United
8 Airlines, Inc., et al., Case No. 2:25-cv-12007-SB-SK. I agree to comply with and
9 to be bound by all the terms of this Stipulated Protective Order and I understand
10 and acknowledge that failure to so comply could expose me to sanctions and
11 punishment in the nature of contempt. I solemnly promise that I will not disclose in
12 any manner any information or item that is subject to this Stipulated Protective
13 Order to any person or entity except in strict compliance with the provisions of this
14 Order.
15 I further agree to submit to the jurisdiction of the United States District Court for
16 the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint [print
19 or type full name] of [print
20 or type full address and telephone number] as my California agent for service of
21 process in connection with this action or any proceedings related to enforcement of
22 this Stipulated Protective Order.
23
24 Date: ______________________
25 City and State where sworn and signed: ______________________
26
27 Printed name: ______________________
28 Signature: ______________________
1 CERTIFICATE OF SERVICE
2 I hereby certify that on April 23, 2026, I electronically filed the foregoing
3 with the Clerk of the Court for the U.S. District Court, for the Central District of
4 California using the CM/ECF system. All participants are registered CM/ECF
5 users, and will be served by the CM/ECF system.
6
7 Dated: April 23, 2026 By: /s/ Adam P. KohSweeney____
Adam P. Kohsweeney
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