United States District Court, W.D. Washington, Seattle
Barrett Bloom Beth Barrett Bloom, WSBA #31702 Sean Phelan
Sean Phelan, WSBA #27866 Attorneys for Plaintiffs FRANK FREED
SUBIT & THOMAS LLP.
J. Willert, WSBA #08617 Jeffery M. Wells Jeffery M. Wells,
WSBA #45840 Attorneys for Defendants WILLIAMS, KASTNER &
STIPULATED PROTECTIVE ORDER
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT 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 entitled to confidential treatment under the
applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
material shall include the following documents and tangible
things produced or otherwise exchanged: any individual's
personnel records, financial records or medical records, and
Defendants' financial information, employee information,
customer and client information, and any other proprietary
information from which a business advantage is gained by
maintaining its confidentiality.
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
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
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 Be Bound”
(d) the court, court personnel, and court reporters and their
(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 ...