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CBRE, Inc. v. Hughes Seattle, Inc.

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

August 21, 2017

CBRE, INC., a Delaware corporation, Plaintiff,
v.
HUGHES SEATTLE, INC. d/b/a HUGHES MARINO, INC., a Delaware corporation; OWEN RICE ENTERPRISES, INC., a Washington corporation; OWEN RICE, an individual, and THE MARITAL COMMUNITY OF OWEN AND BONNIE RICE; and GAVIN CURTIS, an individual, Defendants.

          David A. Perez Attorneys for Defendant Hughes Seattle, Inc.

          Brad Thoreson Attorneys for Defendants Owen Rice Enterprises, Inc., Owen Rice, the Marital Community of Owen and Bonnie Rice, and Gavin Curtis

          [PROPOSED] STIPULATED PROTECTIVE ORDER

          Robert Lasnik United States District Court Judge

         1. PURPOSES AND LIMITATIONS

         Discovery in this action, and any related actions (e.g., arbitration), is likely to involve production of confidential, proprietary, private, and trade secret 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 ("Order"). The parties acknowledge that this Order is consistent with Local Civil Rule 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.

         The August 4, 2017, Temporary Restraining Order ("TRO") entered by this Court limits discovery to written materials existing as of May 1, 2016 or later. However, unless limited by this Order, the anticipated forensic imaging will recover extensive data, communications and documents from Rice's and Curtis's personal e-mail, cloud storage accounts, and other sources dating back before that time, and will also recover electronic documents, communications, photographs of family and friends, tax returns, financial and banking records, and other data (collectively, "Personal Materials") that have nothing to do with this litigation.

         Should the Forensic Neutral locate or observe Personal Materials, Rice and Curtis shall be entitled to demand that these Personal Materials not be imaged or produced. The parties recognize that photographs and other digital images may need to be reviewed to ensure that they are Personal Materials. In the event that CBRE does not agree with this demand, the parties' chosen Arbitrator shall perform in camera reviews of some or all of such Personal Materials and shall determine whether any such Personal Materials require imaging.

         The Arbitrator shall have the authority to assess the costs of the in camera review of Personal Materials to the party who substantially prevails in the process. That is, if he determines that a substantial number of the items at issue consist of Personal Materials and therefore should not be imaged, then CBRE shall pay for all costs of the in camera review. Conversely, if he determines that most of the items at issue do not consist of Personal Materials and therefore should be imaged, then the costs of the in camera review shall be borne by Rice and Curtis.

         Nothing in this process shall limit any of the parties from objecting to the disclosure or use of any data, materials or communications once imaged. The Arbitrator shall also have the authority to determine whether any data, materials or communications that are imaged should be produced.

         2. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall include the following documents and tangible things produced or otherwise exchanged:

a) materials containing trade secret information that is subject to protection under the Uniform Trade Secrets Act;
b) Bank account numbers, credit card numbers, and other financial information that can be specifically linked to an individual's or entity's financial account;.
c) Names of any individuals known to be under 18 years of age;
d) An individual's social security number, personal identification numbers, tax identification number, alien registration number ("A number"), passport numbers, driver license numbers, and any similar identifiers assigned to an individual by a federal/national, state, or local government of the United States or any other country;
e) Any other information which would allow the identification of the particular individual(s) to whom the information relates;
f) Addresses and telephone numbers;
g) Information protected by a written non-disclosure or confidentiality agreement;
h) Information protected from disclosure by any state or federal securities law or regulation;
i) Personal Materials;
j) Correspondence and communications with legal counsel;
k) Correspondence and documents concerning Rice and Curtis's employment or independent contractor relationship with Hughes Marino; and
l) Information protected from disclosure by any court or arbitral order.

         If a designating party determines that information not described in this paragraph should be designated Confidential Information, the parties shall negotiate the appropriateness of that designation in good faith and endeavor to' resolve any dispute prior to the production of that information. If the parties are unable to resolve the dispute within 14 calendar days, the designating party shall designate the material as containing Confidential Information (using one of the designations below), and then produce it. The receiving party can then challenge the confidentiality designation(s) pursuant to Section 6 of this Order.

         Information that is publicly available or is available industry-wide (e.g., through a subscription service) is not considered Confidential Information.

         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, is available industry-wide (e;g., through a subscription service), or becomes part of me 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, or any related matter (e;g., arbitration). 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 arbitrator, 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 a particular document or material produced is for Attorneys Eyes Only ...

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