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Costco Wholesale Corp. v. Arrowood Indemnity Co.

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

January 11, 2018

COSTCO WHOLESALE CORPORATION, Plaintiffs,
v.
ARROWOOD INDEMNITY COMPANY, Defendant.

          Paul J. Lawrence, Matthew J, Segal, Nicholas W. Brown, Attorneys for Plaintiffs

          Alexander E. Potente, CLYDE & CO U.S. LLP Attorneys for Defendant

          [-PROPOSED] STIPULATED PROTECTIVE ORDER

          Honorable Robert S. Lasnik United States District Judge

         Pursuant to Federal Rule of Civil Procedure 26(c) and Local Civil Rule 26(c)(2), Plaintiff Costco Wholesale Corporation ("Costco") and Defendant Arrowood Indemnity Company ("Arrowood"), by and through their respective counsel, hereby agree and stipulate to the entry of a Protective Order governing discovery with the following terms:

         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 and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with Local Civil Rule 5 and Local Civil Rule 26(c). It 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.

         Further, it is the intent of the parties that notwithstanding this Stipulated Protective Order, the parties are required to comply with the terms of the Court's Minute Order dated September 22, 2017, and any subsequent Case Management Order(s) with respect to the protections for confidential or privileged materials. The parties also agree that the Stipulated Protective Order does not entitle either party to production of discovery designated as confidential pursuant to the terms below and neither party has agreed to produce any such material except as otherwise required by the federal rules.

         2. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall include the following documents and tangible things produced or otherwise exchanged: documents, correspondence, and all other materials relating to claims resolved through any arbitration under the settlement in the underlying action giving rise to this matter, including but not limited to filings, award decisions and award amounts sternming from any arbitration decisions; invoices (including redacted invoices) related to the same and to the underlying case; confidential settlement documents; documents relating to retention of attorneys and experts; communications between Costco or its representatives and its carriers; documents designated as confidential or sealed in the underlying action.

         3. SCOPE

         The protections conferred by this agreement cover not only confidential material (as defined above), but also (1) any information copied or extracted from confidential material; (2) all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal confidential 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. Any use of Protected Material at trial shall be governed by a separate agreement or order.

         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 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, a receiving party may disclose any confidential material only to:

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

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