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McBride v. Central Washington Health Services Association

United States District Court, E.D. Washington

December 6, 2017

AMANDA MCBRIDE, Plaintiff,
v.
CENTRAL WASHINGTON HEALTH SERVICES ASSOCIATION, a Washington public benefit corporation, and CENTRAL WASHINGTON HOSPITAL, a Washington non-profit corporation, Defendants.

          ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER

          ROSANNA MALOUF PETERSON United States District Judge.

         BEFORE THE COURT is the parties' motion for entry of a stipulated “Protective Order Regarding Confidentiality, ” ECF No. 56. Having reviewed the protective order and the remaining record, the Court finds good cause to grant the motion and enter the protective order.

         Accordingly, IT IS HEREBY ORDERED that the parties' Stipulated Motion for Entry of Protective Order, ECF No. 56, is GRANTED. The protective order in effect is set forth below.

         PROTECTIVE ORDER

         1. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, commercially valuable, or private information for which special protection may be warranted. Disclosure of such confidential information may cause financial or competitive harm to one or all Parties. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order.

         2. DESIGNATED MATERIAL

         2.1 “Designated Material” shall include the documents, tangible items, or testimony produced, elicited, or otherwise exchanged in this action which the party producing or disclosing such material (the “Designating Party”) designates as “Confidential.”. Designated Material may include, but is not limited to, names and contact information of patients and employees; personnel information related to non-parties; information maintained as confidential during the normal course of business related to sales, pricing, revenue, strategy and other commercial interests; and medical records.

         2.2 Designated Material marked “Confidential” shall include any document, file, portion of file, transcribed testimony, or other material that the Designating Party in good faith reasonably believes comprises confidential information related to patients, employees, commercial interests, or other information that could cause commercial, professional, or personal harm through disclosure.

         3. SCOPE

         The protections conferred by this Order cover not only Designated Material (as defined above), but also (1) any information copied or extracted from Designated Material; (2) all copies, excerpts, summaries, or compilations of Designated Material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal Designated Material. However, the protections conferred by this Order do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise; provided that Designated Material that become public through violation of this Order will continue to be protected by the Order.

         4. ACCESS TO AND USE OF DESIGNATED MATERIAL

         4.1 Basic Principles. A receiving party may use Designated 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. Designated Material may be disclosed only to the categories of persons and under the conditions described in this Order. Designated Material must be stored and maintained by a receiving party at a location and in a secure manner that reasonably ensures that access is limited to the persons authorized under this Order.

         4.2 Disclosure of “Confidential” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, material designated as “Confidential” may be disclosed only to the following persons:

(a) the receiving party;
(b) 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;
(c) the officers, directors, and employees (including in-house counsel) of the receiving party to whom disclosure is ...

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