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Kische USA LLC v. Simsek

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

December 1, 2017

KISCHE USA LLC, a Washington limited liability company, Plaintiff,
ALI SIMSEK and JANE DOE SIMSEK, husband and wife, and the marital community composed thereof; DIANE WALKER and JOHN DOE WALKER husband and wife, and the marital community composed thereof; JD STELLAR LLC, a Washington limited liability company; Defendants.

          BADJGLEY MULLINS TURNER PLLC Donald H. Mullins, Wesley G. Forman Attorney for Defendants, Simsek, Walker, and JD Stellar LLC



          Honorable James L. Robart Judge


         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 I treatment under the applicable legal principles, and it does not presumptively entitle parties to file confidential information under seal.


         "Confidential" material shall include the following documents and tangible things produced or otherwise exchanged: Any materials, documents, images, and records, in whatever form provided by The TJX Companies, Inc., in response to Plaintiffs subpoena attached hereto as Exhibit B.

         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 J 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.


         4.1 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 I 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.

         42 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 I designated;
(c) experts and consultants to whom disclosure is reasonably necessary for this i 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


         5.1 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 taker care to limit any such designation to specific material that qualities under the appropriate standards. The designating party must designate for protection only those parts of material, ; documents, items, or oral or written communications that quality, so that other portions of the;material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this agreement.

         Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or delay the case development process or to impose unnecessary expenses and burdens on other parties) expose the designating party to sanctions.

         If it comes to a designating party's attention that information or items that it designated for - protection do not qualify for protection, the designating party must promptly notify all other parties f that it is withdrawing the mistaken designation.

         5.2 Manner and Timing of Designations. Except as otherwise provided in this agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, disclosure or discovery material that qualifies for protection under this agreement must be clearly so designated before or when the material is disclosed or produced.

         (a) Information in documentary .form: (e.g., paper or electronic documents and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings), the designating party must affix the word "CONFIDENTIAL" to each page that contains: confidential material If only a portion or portions of the material on a page qualifies for protection, the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate; markings in the margins).

         (b) Testimony given in deposition or in other pretrial proceedings: the parties and any participating non-parties must identity on the record, during the deposition or other pretrial:proceeding, all protected testimony, without prejudice to their right to so designate other testimony: after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or exhibits thereto, as ...

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