United States District Court, E.D. Washington
CHRISTOPHER A. SANTAMOUR, et al., Plaintiffs,
UPS GROUND FREIGHT, INC., Defendant.
Charles N. Eberhardt, WSBA No. 18019, Chelsea Dwyer Petersen,
WSBA No. 33787, Javier F. Garcia, WSBA No. 38259, Perkins
Coie LLP, Attorneys for Defendant United Parcel Service
Ground Freight, Inc.
Lin Bodien, WSBA No. 44898 India Lin Bodien, Attorney at Law,
Craig J. Ackermann Craig J. Ackermann (CA State Bar No.
229832) Ackermann & Tilajef, P.C., Attorneys for
STIPULATED PROTECTIVE ORDER
O. RICE, Chief United States District Judge
Christopher Santamour and John Peightal, by and through their
undersigned counsel, and Defendant UPS Ground Freight, Inc.
(“UPS Freight”), by and through its undersigned
counsel, hereby agree to the entry of the Protective Order
to FRCP 26(c) and the stipulation of the parties, the Court
hereby enters the following Protective Order.
used herein, “Confidential Matter” shall mean any
document, information, or specific portions thereof,
furnished in the course of litigation- during discovery or
otherwise-that both (1) is marked or stamped by a party as
“Confidential” in accordance with subsection 1(b)
below, and (2) contains the following:
i. Non-public and private personal information, including
documents containing personal financial information or
contact information; or
ii. Confidential and proprietary business information that
provides the party with a business advantage over its
competitors. To the extent that documents relate to matters
that UPS Freight takes significant steps to protect in its
daily operations, such as through the use of non-disclosure
and confidentiality agreements with its employees (if any),
such information can be designated as Confidential Matter.
determination of whether produced material is Confidential
Matter shall be made in the first instance by the party from
whom discovery is sought. Each party that designates
information or documents for protection under this agreement
must take care to limit any such designation to specific
material that qualifies under the appropriate standards. The
designating party must designate for protection only those
parts of material, documents, items, or oral or written
communications that qualify as Confidential Matter, so that
other portions of the material, documents, items, or
communication for which protection is not warranted are not
swept unjustifiably within the ambit of this Order.
indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that
have been made for an improper purpose expose the designating
party to sanctions. The protections conferred by this Order
do not cover information that is in the public domain or
becomes part of the public domain through litigation or
there is a disagreement between the parties as to whether
particular produced materials have been properly designated
as Confidential, the dispute may be ...