1 KSaartahhry Kno Jr.a Rpaictyh a(rpdrso ( hSaBcN v i3c4e6) 956) 2 400 South Hope Street, 8th Floor Los Angeles, California 90071-2040 3 Telephone (213) 896-2400 Facsimile (213) 896-2450 4 Email: kathryn.richards@hklaw.com sarah.korapaty@hklaw.com 5 6 Attorneys for Defendants Société Air France and Air France-KLM 7 8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11 B.D., a minor by and through his ) Case No.: 2:25-cv-06516-SPG-MBK 12 guardian ad litem LEO ) 13 DEMIRTSHIAN, ) Assigned to U.S. District Judge Hon. ) Sherilyn Peace Garnett; Magistrate 14 Plaintiff, ) Judge Hon. Michael B. Kaufman 15 vs. ) ) [Removed from Superior Court of 16 SOCIETE AIR FRANCE, a foreign ) California, Los Angeles County, Case 17 corporation, AIR FRANCE-KLM, ) No.: 25CHCV01706] 18 DOES 1 through 100, inclusive, ) ) [PROPOSED] STIPULATED 19 ) PROTECTIVE ORDER 20 Defendants. ) ) 21 ) 22 ) ) 23 ) 24 ) 25 26 27 28 1 1. GENERAL 2 1.1 Purposes and Limitations. Discovery in this action is likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petition the Court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and 9 use extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The parties further acknowledge, as 11 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 12 them to 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 party 14 seeks permission from the court to file material under seal. 15 1.2 Good Cause Statement. 16 This action may involve confidential personal information, which may include 17 information related to Defendants’ passengers and employees and Plaintiff’s medical 18 information and records. 19 This action may also involve confidential commercial information including 20 but not limited to trade secrets, customer lists and other valuable research, 21 development, commercial, financial, technical and/or proprietary information for 22 which special protection from public disclosure and from use for any purpose other 23 than prosecution of this action is warranted. Such confidential and proprietary 24 materials and information consist of, among other things, confidential business or 25 financial information, information regarding confidential business practices, or other 26 confidential research, development, or commercial information (including 27 information implicating privacy rights of third parties), information otherwise 28 generally unavailable to the public, or which may be privileged or otherwise protected 1 from disclosure under state or federal statutes, court rules, case decisions, or common 2 law. 3 Accordingly, to expedite the flow of information, to facilitate the prompt 4 resolution of disputes over confidentiality of discovery materials, to adequately 5 protect information the parties are entitled to keep confidential, to ensure that the 6 parties are permitted reasonable necessary uses of such material in preparation for and 7 in the conduct of trial, to address their handling at the end of the litigation, and serve 8 the ends of justice, a protective order for such information is justified in this matter. 9 It is the intent of the parties that information will not be designated as confidential for 10 tactical reasons and that nothing be so designated without a good faith belief that it 11 has been maintained in a confidential, non-public manner, and there is good cause 12 why it should not be part of the public record of this case. 13 2. DEFINITIONS 14 2.1 Action: B.D., by and through his Guardian Ad Litem Leo Demirtshian v. 15 Societe Air France et al., Case No. 2:25-cv-06516-SPG-MBK. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation 17 of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for protection 20 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 21 Cause Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 23 support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information or 25 items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless 28 of the medium or manner in which it is generated, stored, or maintained (including, 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party 12 to this Action but are retained to represent or advise a party to this Action and have 13 appeared in this Action on behalf of that party or are affiliated with a law firm that 14 has appeared on behalf of that party, including support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 Once a case proceeds to trial, all of the court-filed information to be introduced 11 that was previously designated as confidential or maintained pursuant to this 12 protective order becomes public and will be presumptively available to all members 13 of the public, including the press, unless compelling reasons supported by specific 14 factual findings to proceed otherwise are made to the trial judge in advance of the 15 trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 16 2006) (distinguishing “good cause” showing for sealing documents produced in 17 discovery from “compelling reasons” standard when merits-related documents are 18 part of court record). Accordingly, the terms of this protective order do not extend 19 beyond the commencement of the trial. 20 5. DESIGNATING PROTECTED MATERIAL 21 5.1 Exercise of Restraint and Care in Designating Material for Protection. 22 Each Party or Non-Party that designates information or items for protection under this 23 Order must take care to limit any such designation to specific material that qualifies 24 under the appropriate standards. The Designating Party must designate for protection 25 only those parts of material, documents, items, or oral or written communications that 26 qualify so that other portions of the material, documents, items, or communications 27 for which protection is not warranted are not swept unjustifiably within the ambit of 28 this Order. 1 Mass, indiscriminate, or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g., to unnecessarily encumber the case development process or to impose 4 unnecessary expenses and burdens on other parties) may expose the Designating Party 5 to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Designating Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in 10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material is disclosed or 13 produced. 14 Designation in conformity with this Order requires: 15 (a) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix, at a minimum, the legend 18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 19 contains protected material. If only a portion or portions of the material on a page 20 qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which documents it would like copied and produced. During the inspection and 25 before the designation, all of the material made available for inspection shall be 26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 27 it wants copied and produced, the Producing Party must determine which documents, 28 or portions thereof, qualify for protection under this Order. Then, before producing 1 the specified documents, the Producing Party must affix the “CONFIDENTIAL 2 legend” to each page that contains Protected Material. If only a portion or portions 3 of the material on a page qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). 6 (b) for testimony given in depositions that the Designating Party identify 7 the Disclosure or Discovery Material on the record, before the close of the deposition. 8 (c) for information produced in some form other than documentary and 9 for any other tangible items, that the Producing Party affix in a prominent place on 10 the exterior of the container or containers in which the information is stored the legend 11 “CONFIDENTIAL.” If only a portion or portions of the information warrants 12 protection, the Producing Party, to the extent practicable, shall identify the protected 13 portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive the 16 Designating Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make reasonable 18 efforts to assure that the material is treated in accordance with the provisions of this 19 Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time that is consistent with the Court’s 23 Scheduling Order. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 25 resolution process under Local Rule 37-1, et seq, as modified by Judge Kaufman’s 26 Procedures. See https://www.cacd.uscourts.gov/honorable-michael-b-kaufman. Any 27 discovery motion must strictly comply with these procedures. 28 1 6.3 Burden. The burden of persuasion in any such challenge proceeding 2 shall be on the Designating Party. Frivolous challenges, and those made for an 3 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 4 other 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 entitled 7 under the Producing Party’s designation until the Court rules on the challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 Action only for prosecuting, defending, or attempting to settle this Action. Such 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the Action has been terminated, a Receiving 14 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the Court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 23 well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; 25 (b) the officers, directors, and employees (including House Counsel) of 26 the Receiving Party to whom disclosure is reasonably necessary for this Action; 27 28 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this Action and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the Court and its personnel; 5 (e) court reporters and their staff; 6 (f) professional jury or trial consultants, mock jurors, and Professional 7 Vendors to whom disclosure is reasonably necessary for this Action and who have 8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (g) the author or recipient of a document containing the information or 10 a custodian or other person who otherwise possessed or knew the information; 11 (h) during their depositions, witnesses, and attorneys for witnesses, in 12 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 13 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they 14 will not be permitted to keep any confidential information unless they sign the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 16 agreed by the Designating Party or ordered by the Court. Pages of transcribed 17 deposition testimony or exhibits to depositions that reveal Protected Material may be 18 separately bound by the court reporter and may not be disclosed to anyone except as 19 permitted under this Stipulated Protective Order; and 20 (i) any mediator or settlement officer, and their supporting personnel, 21 mutually agreed upon by any of the parties engaged in settlement discussions. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” that Party must: 27 (a) promptly notify in writing the Designating Party. Such notification shall 28 include a copy of the subpoena or court order; 1 (b) promptly notify in writing the party who caused the subpoena or order to 2 issue in the other litigation that some or all of the material covered by the subpoena 3 or order is subject to this Protective Order. Such notification shall include a copy of 4 this Stipulated Protective Order; and 5 (c) cooperate with respect to all reasonable procedures sought to be pursued 6 by the Designating Party whose Protected Material may be affected. 7 If the Designating Party timely seeks a protective order, the Party served with 8 the subpoena or court order shall not produce any information designated in this action 9 as “CONFIDENTIAL” before a determination by the court from which the subpoena 10 or order issued, unless the Party has obtained the Designating Party’s permission. The 11 Designating Party shall bear the burden and expense of seeking protection in that court 12 of its confidential material and nothing in these provisions should be construed as 13 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 14 directive from another court. 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 16 PRODUCED IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non- 18 Party in this Action and designated as “CONFIDENTIAL.” Such information 19 produced by Non-Parties in connection with this litigation is protected by the 20 remedies and relief provided by this Order. Nothing in these provisions should be 21 construed as prohibiting a Non-Party from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to produce 23 a Non-Party’s confidential information in its possession, and the Party is subject to an 24 agreement with the Non-Party not to produce the Non-Party’s confidential 25 information, then the Party shall: 26 (1) promptly notify in writing the Requesting Party and the Non-Party 27 that some or all of the information requested is subject to a confidentiality agreement 28 with a Non-Party; 1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the Non- 5 Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this Court within 14 7 days of receiving the notice and accompanying information, the Receiving Party may 8 produce the Non-Party’s confidential information responsive to the discovery request. 9 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 10 any information in its possession or control that is subject to the confidentiality 11 agreement with the Non-Party before a determination by the Court. Absent a court 12 order to the contrary, the Non-Party shall bear the burden and expense of seeking 13 protection in this Court of its Protected Material. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 24 PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 28 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted 6 to the Court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in this 13 Stipulated Protective Order. Similarly, no Party waives any right to object on any 14 ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 17 only be filed under seal pursuant to a court order authorizing the sealing of the specific 18 Protected Material at issue; good cause must be shown in the request to file under 19 seal. If a Party’s request to file Protected Material under seal is denied by the Court, 20 then the Receiving Party may file the information in the public record unless 21 otherwise instructed by the Court. 22 13. FINAL DISPOSITION 23 After the final disposition of this Action, within 60 days of a written request by 24 the Designating Party, each Receiving Party must return all Protected Material to the 25 Producing Party or destroy such material. As used in this subdivision, “all Protected 26 Material” includes all copies, abstracts, compilations, summaries, and any other 27 format reproducing or capturing any of the Protected Material. Whether the Protected 28 Material is returned or destroyed, the Receiving Party must submit a written 1 || certification to the Producing Party (and, if not the same person or entity, to the 2 || Designating Party) by the 60 day deadline that (1) identifies (by category, where 3 || appropriate) all the Protected Material that was returned or destroyed, and (2) affirms 4 || that the Receiving Party has not retained any copies, abstracts, compilations, 5 || summaries or any other format reproducing or capturing any of the Protected Material. 6 || Notwithstanding this provision, counsel are entitled to retain an archival copy of all 7 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 8 || correspondence, deposition and trial exhibits, expert reports, attorney work product, 9 || and consultant and expert work product, even if such materials contain Protected 10 || Material. Any such archival copies that contain or constitute Protected Material 11 || remain subject to this Protective Order as set forth in Section 4 (DURATION). 12 || 14. VIOLATION OF ORDER 13 Any violation of this Order may be punished by any and all appropriate 14 || measures including, without limitation, contempt proceedings and/or monetary 15 || sanctions. 16 17 || IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 DATED January 7, 2026 /s/James Pazos 20 James Pazos Attorneys for Plaintiff 22 || DATED January 7, 2026 /s/Kathryn J. Richards 73 Kathryn Richards Attormeys for Defendants 24 IT ISSO ORDERED. 25 26 DATED: January 9, _, 2026 JACLEY; — _ 27 MICHAEL B. KAUFMAN 28 UNITED STATES MAGISTRATE JUDGE 13