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Uchytil v. Avanade Inc.

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

November 27, 2017

MARIA UCHYTIL, on behalf of the United States of America, Plaintiff,
v.
AVANADE INC., a Washington corporation, and AVANADE FEDERAL SERVICES, a Delaware corporation, ACCENTURE FEDERAL SERVICES LLC, a Delaware limited liability corporation, Defendants.

          CALFO EAKES & OSTROVSKY PLLC, Angelo J. Calfo, WSBA No. 27079, Damon C. Elder, WSBA No. 46754, KIRKLAND & ELLIS LLP, Craig S. Primis, Pro Hac Vice, Liam P. Hardy, Pro Hac Vice, Devin S. Anderson, Pro Hac Vice, Kirkland & Ellis LLP, Attorneys for Defendants Avanade, Inc., Avanade Federal Services LLC, and Accenture Federal Services LLC

          LOWE GRAHAM JONES, PLLC, Mark P. Walters, WSBA No. 30818, Ellen M. Bierman, WSBA No. 23224, Lowe Graham Jones, PLLC, SCHLEMLEIN GOETZ FICK & SCRUGGS PLLC, Attorneys for Relator Maria Uchytil

          STIPULATED AMENDED PROTECTIVE ORDER

          HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         1. PURPOSES AND LIMITATIONS

         Discovery 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 entitle parties to file confidential information under seal.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged: (1) contractual terms with customers, vendors, and other parties; (2) pricing, financial, and/or profit information; (3) suppliers and supplier lists; (4) customers, customer lists, and customer technical requirements; (5) product development information and information relating to new products; (6) development processes, designs, drawings, engineering, and hardware and software configuration information; (7) marketing plans, business plans, forecasts, and business strategies; (8) sensitive communications and information relating to products and services, including, but not limited to, testing and quality control records, which in the hands of competitors would be valuable; (9) customer feedback regarding products that have not been publicly disclosed; (10) protected personal information (including contact information) and other information subject to privacy laws; (11) internal financial reporting; (12) sensitive business information, akin to the categories specified above, produced by a non-party; and (13) communications with U.S. government agencies containing sensitive non-public 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 or becomes part of the 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. 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. “CONFIDENTIAL” information and material must be stored in the United States and accessed and viewed by United States citizens only, including permitted disclosures pursuant to section 4.2.

         4.2 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 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 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” (Exhibit A);
(d) the court, court personnel, and court reporters and their staff;
(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 immediately return all originals and copies of any confidential material;
(f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal confidential material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this agreement;
(g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information.

         4.3 Filing Confidential Material. Before filing confidential material or discussing or referencing such material in court filings, the filing party shall confer with the designating party to determine whether the designating party will remove the confidential designation, whether the document can be redacted, or whether a motion to seal or stipulation and proposed order is warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         5. DESIGNATING PROTECTED MATERIAL

         5.1 Exercise of Restraint and Care in Designating Material for Protection. Each party or non-party that designates information or items 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, so that other portions of the material, ...


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