United States District Court, W.D. Washington, Seattle
MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Plaintiffs,
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
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.
STIPULATED PROTECTIVE ORDER
HONORABLE MARSHA J. PECHMAN, JUDGE
PURPOSES AND LIMITATIONS
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.
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).
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”
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.
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.
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 ...