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Howisey v. Transamerica Life Insurance Co.

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

July 26, 2017

MIKE HOWISEY, as attorney in fact for WALLACE E. HOWISEY, an incapacitated person, Plaintiff,
v.
TRANSAMERICA LIFE INSURANCE COMPANY, a foreign corporation organized under the laws of the State of Iowa, Defendant.

          Randall C. Johnson, Jr. WSBA #24556 Law Office of Randall Johnson Duncan C. Turner, WSBA #20597 Daniel A. Rogers, WSBA #46372 Badgley Mullins Turner PLLC Attorneys for Plaintiff

          Kristin Nealey Meier, WSBA #33562 Ryan, Swanson & Cleveland, PLLC Markham R. Leventhal Carlton Fields Jorden Burt, P.A. Julianna Thomas McCabe Jason P. Kairalla Carlton Fields Jorden Burt, P.A. Attorneys for Defendant Transamerica

          STIPULATED PROTECTIVE ORDER

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         1. 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, 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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” material shall include, but is not limited to, the following documents and tangible things produced or otherwise exchanged if they are so designated:

         Transamerica's proprietary forms, documents, records, competitive data, and statistical information related to its long term care insurance policies, rates, sales, administration, and claims practices, which are not publicly available; Transamerica's employment and training policies, procedures and records; Any Transamerica records that relate to consumers other than the named plaintiff; Draft and executed contracts between Transamerica and its vendors or service providers which are not in the public domain; Documents containing sensitive personal financial or medical information about the plaintiff; Documents produced or exchanged by third parties, including but not limited to Aegis of Kirkland and National Elder Care Referral Systems, Inc. d/b/a “CareScout”; and Similar categories of documents that may be identified during the discovery period.

         3. 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.

         4. ACCESS TO AND USE 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 Be Bound” (Exhibit A);
(d) the court, court personnel, and court reporters and their staff;
(e) copy or imaging services retained by counsel to assist in the duplication of confidential material, provided that counsel for the party retaining the copy or imaging service instructs the service not to disclose any confidential material to third parties and to immediately return all originals and copies of any confidential material;
(f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal confidential material must be separately bound by ...

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