United States District Court, W.D. Washington
JOHN R. BUND II, personally, as Executor of the Estate of Richard C. Bund, deceased; MANDY HANOUSEK and GARETT HANOUSEK, a married couple, and on behalf of others similarly situated, Plaintiff,
SAFEGUARD PROPERTIES, LLC, a Delaware corporation, Defendant,
JEFFERS, DANIELSON, SONN & AYLWARD, P.S. SALLY F. WHITE.
CLAY M. GATENS, WSBA No. 34102 SALLY F. WHITE, WSBA No. 49457
Attorneys for Plaintiffs
SMART, P.S., INC, Pamela J. DeVet Marc Rosenberg, WSBA No.
31034 Pamela J. DeVet, WSBA No. 32882 Lee Smart, P.S., Inc.
Attorneys for Defendant Safeguard Properties Management, LLC
STIPULATED PROTECTIVE ORDER
L. Robart, Judge
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 include the following documents and tangible
things produced or otherwise exchanged: (a) Defendant's
(i) policies and procedures, (ii) client list, (iii) master
services agreements with clients, (iv) agreements with
-vendors, (v) personnel tiles; (vi) proprietary software;
(vii) company financials; (b) information regarding
borrowers' loan histories, (c) dates of birth and social
security and driver's license numbers of the named
Plaintiffs and putative class members.
Defendant's list of its clients which have engaged
Defendant during the class period identified by Plaintiffs
for services related to properties in the State of Washington
will be marked "Confidential - Attorney's Eyes
Only" and will be disclosed only between and among
counsel for the parties. Counsel for plaintiffs shall not
create any electronic copies. In court filings and
discussions with class members, counsel for Plaintiffs will
be permitted to refer to the fact of the list, how many names
are on it that the properties are located in the state of
Washington, and similar information that does not disclose
the complete contents of the list.
protections conferred by this agreement cover not only
confidential material (as defined above), but also (1) any
information copied or extracted from confidential material;
(2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations,
or presentations by parties or their counsel that might
reveal confidential material. However, the protections
conferred by this agreement do not cover information that is
in the public domain or becomes part of the public domain
through trial or otherwise, 4. ACCESS TO AND USE OF
Basic Principles, A receiving party may use confidential
material that is disclosed or produced by another party or by
a non-party in connection with this case only for
prosecuting, defending, or attempting to settle this
litigation. Confidential material may be disclosed only to
the categories of persons and under the conditions described
in this agreement. Confidential material must be stored and
maintained by a receiving party at a location and in a secure
manner that ensures that access is limited to the persons
authorized under this agreement.
Counsel shall not disclose to any person a document marked
"CONFIDENTIAL -ATTORNEYS' EYES ONLY, " Counsel
may disclose information about such document only as
described in ¶ 2.
Disclosure of "CONFIDENTIAL" Information or Items.
Unless otherwise ordered by the court or permitted in writing
by the designating party, a receiving party may disclose any
confidential material only to:
(a) the receiving party's counsel of record in this
action, as well as employees of counsel to whom it is
reasonably necessary to disclose the information for this
(b) the officers, directors, and employees (including in
house counsel) of the receiving party to whom disclosure is
reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced ...