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Viesse v. Tacoma Screw Products, Inc.

United States District Court, W.D. Washington, Seattle

May 23, 2017

ALBERT VIESSE, on behalf of himself and others similarly situated, Plaintiff,
v.
TACOMA SCREW PRODUCTS, INC., et al., Defendants.

          JAMES A. STURDEVANT, Chant Yedalian (Pro Hac Vice), CHANT & COMPANY Counsel for Plaintiff

          Bradley B. Jones, Stephanie Bloomfield, GORDON THOMAS HONEYWELL LLP Counsel for Defendant

          STIPULATION AND ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the parties' stipulation to seal exhibits 4 and 5 (Dkt. No. 25).

         STIPULATION

         Plaintiff Albert Viesse, individually and on behalf of all others similarly situated, and Defendant Tacoma Screw Products, Inc., by and through their respective counsel, agree to this stipulated motion and respectfully request that the Court seal Exhibits 4 and 5 filed under seal concurrently with this Motion.

         This Motion is based upon the following:

         The Court's Protective Order

         On March 30, 2017, this Court approved of and entered a Stipulated Protective Order. (Dkt. No. 24.) The Stipulated Protective Order provided, among other things, that “‘Confidential' material shall include … documents containing sensitive, financial or confidential information about third parties or parties” and that “Tacoma Screw Products proprietary and confidential business information that is ‘Confidential', includes, but is not limited to … Sales information; and Similar proprietary or confidential business data.” (Dkt. No. 24 at p. 2:1-13.)

         Documents Produced Subject To Protective Order And Marked Confidential

         As part of the discovery process in this case Defendant produced documents Bates numbered TSP000812-TSP001551 that were marked by Defendant as “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.” These documents consist entirely of merchant statements provided to Defendant from Defendant's payment card processor (Element Payment Services which later became Vantiv) that contain information about Defendant's monthly credit and debit card sales and transactions.

         Defendant believes that these documents are “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER” and marked them as such primarily because they contain various dollar ($) denominated sales and other dollar ($) denominated figures throughout the documents.

         Use Of The Documents For Class Certification Purposes

         Plaintiff's motion for class certification is due for filing by May 30, 2017. (Dkt. No. 21.) Concurrently with this Motion, Plaintiff is filing under seal Exhibit 4 (Bates numbered TSP001179-TSP001222) which consists ...


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