United States District Court, E.D. Washington
ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE
ROSANNA MALOUF PETERSON United States District Judge.
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.
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.
PURPOSES AND LIMITATIONS
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.
“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.
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.
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
ACCESS TO AND USE OF DESIGNATED MATERIAL
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.
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
(c) the officers, directors, and employees (including
in-house counsel) of the receiving party to whom disclosure