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Kim v. State Farm Fire & Casualty Co.

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

December 28, 2017

ANYES KIM, individually, Plaintiff,
v.
STATE FARM FIRE & CASUALTY COMPANY, an Illinois corporation doing business in Washington, Defendant.

          FALLON, MCKINLEY, AND WAKEFIELD Dan Kirkpatrick WSBA #38674 Fallon McKinley & Wakefield, PLLC

          HERRMANN LAW GROUP Anthony Marsh WSBA #45194 Attorney for Plaintiff

          STIPULATION AND AGREED PROTECTIVE ORDER

          THOMAS S. ZILLY UNITED STATES DISTRICT JUDGE .

         STIPULATION

         1. Parties. The parties to this Stipulation and Agreement are as follows:

(a) Plaintiff Anyes Kim, by and through her attorneys of record, Preet B. Kode of Herrmann Law Group.
(b) Defendant State Farm Fire & Casualty Company (“State Farm”), by and through its attorney of record, Dan Kirkpatrick of Fallon, McKinley, and Wakefield, PLLC.

         2. Plaintiffs' Discovery Requests. Plaintiff has requested production of certain documents and information by State Farm in discovery in this case. Among these discovery requests are requests for production that ask State Farm to identify and/or produce various portions of its claims manual. State Farm claims that some of these requested documents and materials contain protected trade secrets and/or other confidential business information. State Farm asserts that it has a legitimate business interest in restricting dissemination of this information, particularly to competitors and/or adversaries. State Farm contends it has a proper interest in protecting this information and these documents so that they remain confidential.

         3. Purpose of this Agreement. It is the purpose of this stipulation and agreement that State Farm will produce the requested confidential documents, subject to the agreement and promise by plaintiff and her counsel, that the confidential documents produced by State Farm will be used solely in this case; that the confidential documents produced by State Farm will not be used for non-litigation purposes; and that the confidential documents will not be disseminated, shown, or otherwise made known to third parties or persons not necessary to or involved in this litigation.

         4. Agreement Not to Disseminate. Consistent with the purpose of this agreement and the stipulation entered into herein, plaintiff and her counsel agree not to divulge, permit access to, or disseminate the confidential documents produced by State Farm during this litigation to any individuals or entities, except persons or individuals connected to or providing services in connection with the prosecution or defense of this litigation. All parties and their counsel are allowed to have the confidential documents reviewed and analyzed by attorneys, expert witnesses and/or consultants providing services relating to this litigation, provided such attorneys, expert witnesses and/or consultants agree to return any confidential documents provided to them (and all copies thereof) to counsel for State Farm at the conclusion of the case. Any attorneys, expert witnesses and/or consultants who obtain confidential documents shall certify in writing to plaintiffs' counsel that they have reviewed this Stipulation and Agreed Protective Order and agree to be bound by its terms.

         5. Agreement Regarding Documents to Be Produced. In addition to all other requested documents which are not claimed to be confidential, consistent with the purpose of this stipulation and agreement, State Farm will, upon entry of this protective order, produce the documents that it contends contain trade secrets and/or other confidential business information. On all documents that State Farm contends contain trade secrets and/or other confidential business information, State Farm will affix to each page a notation which indicates that the document has been designated as confidential. After the conclusion of this case, by settlement, judgment, or dismissal, and the completion of all appeals, all confidential documents produced pursuant to this stipulation, and copies of such confidential documents, shall be destroyed. Documents which are not designated as confidential when produced are not claimed to be confidential and therefore are not subject to the stipulation.

         6. Possession of Documents by Third Parties. Plaintiffs' counsel and counsel for defendant State Farm will be the custodian of the confidential documents produced, and shall not grant possession of the confidential documents to any other person or entity, except as expressly authorized by the terms of this stipulation. Counsel for the parties may permit other persons or entities to possess and to view the confidential documents as follows:

(a) Any attorneys, associates, law clerks, paralegals, or secretaries at the law firm of plaintiffs' counsel (Herrmann Law Group); any such persons at any law firm associated with defendant State Farm's counsel in ...

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