United States District Court, W.D. Washington, Seattle
G.G., A.L., and B.S., individually and on behalf of all others similarly situated, Plaintiffs,
VALVE CORPORATION, Defendant.
TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984
Jason T. Dennett, WSBA #30686 And JONES WARD PLC Jasper D.
Ward IV (admitted pro hac vice) Alex C. Davis (admitted pro
hac vice) Patrick Walsh (admitted pro hac vice) Attorneys for
RIDDELL WILLIAMS P.S. Gavin W. Skok, WSBA #29766 Sarah E.
Joye, WSBA #44357 James H. Wendell, WSBA #46489 And
MONTGOMERY MCCRACKEN WALKER & RHOADS, LLP Charles B.
Casper (admitted pro hac vice) Attorneys for Defendant Valve
STIPULATED PROTECTIVE ORDER
C. COUGHENOUR UNITED STATES DISTRICT JUDGE
matter comes before the Court on the parties' stipulated
proposed protective order (Dkt. No. 20). The Court hereby
ORDERS the following:
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection 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 agreement is consistent with LCR 26(c).
It does not confer blanket protection on all disclosures or
responses to discovery, 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, and it does not presumptively
entitle parties to file confidential information under seal.
Material” shall mean information, recorded, stored, or
maintained for any reason in any medium, including but not
limited to print, electronic, or digital, that the party,
including any third-party, designating the information as
confidential (the “designating party”) reasonably
believes to fall within the following definition:
Non-public financial, product use or business plan
information, including research and development and product
use data; proprietary product development or use information;
confidential financial, sales or profitability data;
confidential financial or sales metrics; or confidential
financial or sales projections.
Proprietary, commercial, or client information, which is
a. Research, development, or commercial information that is
of a highly competitively sensitive nature and that a
reasonably prudent business person in the applicable field
would not release to or share with the public in the ordinary
course of business, and the release of which would likely
cause proprietary, competitive, or economic harm; or
b. “Trade secret, ” as set forth in the
Washington Trade Secrets Act, Wash. Rev. Code §
19.108.010, meaning information, including a formula,
pattern, compilation, program, device, method, technique, or
(i) Derives independent economic value, actual or potential,
from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use; and
(ii) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
Personal information where the producing party reasonably
believes that disclosure of that information could violate
that person's privacy. A “person” shall
include any natural person and, where relevant, a
corporation, joint stock association, or an unincorporated
association. The standard for determining whether a
person's privacy could be violated shall be based on the
standard set forth in the Washington Public Disclosure Act,
Wash. Rev. Code § 42.17.255, as follows:
A person's “right to privacy, ” “right
of privacy, ” “privacy, ” or
“personal privacy, ” is invaded or violated if
disclosure of information about the person: (1) would be
highly offensive to a reasonable person, and (2) is not of
legitimate concern to the public.
any other provision in this Protective Order, it shall not
apply to information that is publicly available. Confidential
Material shall be used and disclosed only in the
above-captioned case. No person afforded access to
Confidential Material shall use or disclose Confidential
Material for the purpose of business or competition or for
any purpose other than this litigation.