United States District Court, W.D. Washington
P. Roosa, WSBA #45266 FRIEDMAN RUBIN Attorneys for Plaintiff
M Tucker, WSBA #43449 ROPERS MAJESKIKOHN & BENTLEY
Attorneys for Defendant
STIPULATED 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 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 entided to confidential treatment under the
applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
"CONFIDENTIAL" MATERIAL "
material shall include the following documents and tangible
things produced or otherwise exchanged: [The parties must
include a list of specific documents such as
"company's customer list" or "plaintiffs
medical records;" do not list broad categories of
documents such as "sensitive business material"].
Claims manuals or similar documents by any other name, as
they are proprietary business trade secrets; Training
materials, as they are proprietary business trade secrets;
Employee compensation plan information, as it is is
proprietary business trade secrets and its production
potentially invades the privacy of third parties; Employee
personnel file documents to the extent they are held to be
relevant and discoverable by this Court, as the production of
any such documents would invade the privacy of third parties
to this action.
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.
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
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
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 ...