United States District Court, W.D. Washington, Seattle
PEPPER PLLC Jack Cullen, JEFFER MANGELS BUTLER & MITCHELL
LLP Joseph N. Demko Matthew S. Kenefick Admitted pro hac vice
Attorneys for ZyLAB North America, LLC.
S. HOLMES Seattle City Attorney John L. Groh, Assistant City
Attorney K&L GATES LLP Martha Rodriguez Lopez, Raina V.
Wagner, K&L Gates LLP Attorneys for The City of Seattle.
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
matter comes before the Court on the parties' stipulated
motion for protective order (Dkt. No. 47). Having thoroughly
considered the stipulation, the Court ORDERS the following:
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 in the above-captioned
matter which include any of the following information: ZyLAB
customer identities; ZyLAB pricing terms, lists and
structures; ZyLAB technology processes, techniques, and
specifications; ZyLAB methodologies, procedures and
practices; and ZyLAB contractual terms, conditions and
covenants. “Confidential” material shall also
include documents and tangible things produced or otherwise
exchanged in the above-captioned matter which include any of
the following information, as referenced in RCW 42.56.070,
RCW 42.56.420 and WAC 44-14-06002: City personal information
in agency employee files, to the extent that disclosure would
violate the employee's right to privacy; preliminary
drafts, notes, recommendations, and intra-agency memorandums
that demonstrate the City's deliberative process;
security information related to public safety, national
security, emergency plans, emergency preparedness plans,
escape response plans, safe school plans, computer and
telecommunications network infrastructure, and the personal
security information of private cloud servers; and sensitive
proprietary information of businesses regulated by the City.
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
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
(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 ...