United States District Court, W.D. Washington, Seattle
CRISTALLA CONDOMINIUM ASSOCIATION, a Washington nonprofit corporation, Plaintiff,
AFFILIATED FM INSURANCE COMPANY, a foreign insurance company, Defendant.
M. Williams Attorneys for Plaintiff.
M. Stickney. Attorneys for Defendant.
STIPULATED CONFIDENTIALITY AND [PROPOSED] PROTECTIVE ORDER
Robert S. Lasnik United States District Court 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 Confidentiality and Protective Order.
The parties acknowledge mat this agreement is consistent with
Fed. R Civ. P. 26(c) and any and all Local Rule counterparts.
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
applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
material shall include die following documents and tangible
things produced or otherwise exchanged: (1) Documents that
contain confidential, commercial, proprietary, and/or
internal business information that is valuable to the
business of Factory Mutual Insurance Company and/or
Affiliated FM Insurance Company (collectively "FM
Global") and which, if not treated as confidential, may
provide FM Global Y competitors an unfair advantage in
competition (such as, for example, and without limitations,
various internal training manuals, procedures, or other such
documents of FM Global; and (2) personal, confidential and/or
proprietary information relating to Plaintiff Cristalla
Condominium Association and its business, financial
information, officers and/or employees; as well as certain
personal and/or commercial information the dissemination of
which could subject the parties to annoyance, embarrassment,
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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.
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
is for Attorney's Eyes Only and is so designated;
(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
"Acknowledgment and Agreement to ...