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Microtouch, L.L.C. v. Doyle

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

December 19, 2017

MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Plaintiffs,
v.
PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC AND QUINCY WEIGHTLOSS, LLC, Defendants. PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC AND QUINCY WEIGHTLOSS, LLC, Counterclaimants/Third Party Plaintiffs
v.
MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Counterclaim Defendants and DR. ROCCO NELSON, an individual; and DR. LINDA DEGROOT and their marital community; and one or more JOHN DOES, currently not known to Third Party Plaintiffs, Third Party Defendants

          Attorneys for Plaintiffs/Counterclaim-Defendants MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC Kim D. Stephens Janissa A. Strabuk Noelle L. Chung TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984 Janissa A. Strabuk, WSBA #21827 Noelle L. Chung, WSBA #51377 Bradley P. Thoreson FOSTER PEPPER PLLC Bradley P. Thoreson, WSBA No. 18190

          Attorneys for Third-Party Defendant DR. LINDA DEGROOT Kim D. Stephens Janissa A. Strabuk Noelle L. Chung TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, WSBA #11984 Janissa A. Strabuk, WSBA #21827 Noelle L. Chung, WSBA #51377

          Attorneys for Defendants/Counterclaimants PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC PEABODY WEIGHTLOSS, LLC QUINCY WEIGHTLOSS, LLC Howard E. Bundy BUNDY LAW FIRM PLLC Howard E. Bundy, WSBA #11762 and WITMER, KARP, WARNER & RYAN LLP Eric H. Karp, BBO #260280 Ari N. Stern, BBO #672442

          Attorneys for Third-Party Defendant DR. ROCCO NELSON Bradley P. Thoreson FOSTER PEPPER PLLC Bradley P. Thoreson, WSBA No. 18190

          STIPULATED PROTECTIVE ORDER

          THE HONORABLE MARSHA J. PECHMAN, 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); this agreement allows the parties to this action and third parties the ability to designate material, in limited and appropriate circumstances as CONFIDENTIAL or “Attorneys' Eyes Only”; 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.

         2. “CONFIDENTIAL” MATERIAL

         CONFIDENTIAL material shall include the following documents and tangible things produced or otherwise exchanged:

a. Competitive business information that the party designating it as CONFIDENTIAL, has taken reasonable steps to maintain as confidential, and which is not otherwise publicly available or reasonably discoverable by lawful means;
b. Personal information where disclosure of that information would violate a person's privacy; and
c. Financial information (including but not limited to tax return, financial statement, banking records, point-of-sale records, brokerage records, financial books and records, and electronic data containing financial information).

         3. SCOPE

         The protections conferred by this agreement cover not only CONFIDENTIAL material (as defined above) or “Attorneys' Eyes Only” material (see Section 7), but also (1) any information copied or extracted from CONFIDENTIAL material or “Attorneys' Eyes Only”; (2) all copies, excerpts, summaries, or compilations of CONFIDENTIAL or “Attorneys' Eyes Only” material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal CONFIDENTIAL or “Attorneys' Eyes Only” 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 investigating, 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.

         4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the designating party, CONFIDENTIAL material may be disclosed only to the following persons.

(a) the parties to this litigation;
(b) counsel of record for the parties to this litigation as well as employees of counsel to whom it is reasonably necessary to disclose ...

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