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Kirby Offshore Marine Pacific LLC v. Emerald Services Inc.

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

June 16, 2017

KIRBY OFFSHORE MARINE PACIFIC, LLC, Plaintiff,
v.
EMERALD SERVICES, INC, dba EMERALD AN ENVIRONMENTAL COMPANY, Defendant.

          LE GROS BUCHANAN & PAUL MARKUS B.G. OBERG, MARY C. BUTLER, ATTORNEYS FOR PLAINTIFF

          WOOD, SMITH, HENNTNG & BERMAN LLP PHILIP GRENNAN, SHANNON BENBOW, ATTORNEYS FOR DEFENDANT

          [PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER

          HONORABLE ROBERT S. LASNIK JUDGE

         I. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, Plaintiff Kirby Offshore Marine Pacific, LLC and Defendant Emerald Services, Inc. dba Emerald an Environmental Company (hereinafter "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 the Parties to file confidential information under seal.

         II. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall include the following documents and tangible things produced or otherwise exchanged: (1) documents previously marked as confidential or that contain a confidentiality provision including, but not limited to, KAYS. POINT vessel diagrams and/or drawings marked as confidential and proprietary by architect; (2) Charter Party Agreement between Crowley Petroleum Distribution, Inc. and Plaintiff dated May 1, 2010 and related documents; and (3) training and/or safety manuals that contain proprietary information about the methods and/or processes and/or procedures used by Plaintiff or Defendant.

         III. SCOPE

         The 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.

         IV. ACCESS TO AND LSE OF CONFIDENTIAL MATERIAL

         4.1 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.

         4.2 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 litigation;
(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 ...

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