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Lohr v. Nissan North America, Inc.

United States District Court, W.D. Washington

January 22, 2018

TAMARA LOHR and RAVIKIRAN SINDOGI, on behalf of themselves and all others similarly situated, Plaintiffs,

          Beth E. Terrell, Amanda M. Steiner, Brittany A. Madderra, TERRELL MARSHALL LAW GROUP PLLC Gregory F. Coleman, Lisa A. White, Mark E. Silvey, GREG COLEMAN LAW PC Charles Crueger, Erin Dickinson, CRUEGER DICKINSON LLC Edward A. Wallace, Adam Prom, WEXLER WALLACE LLP Attorneys for Plaintiffs

          Heather A. Hedeen, Amir Nassihi, Andrew L. Chang, William R. Sampson, SHOOK HARDY & BACON L.L.P. Attorneys for Defendant Nissan North America, Inc.





         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). 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.


         (a) “Confidential” material shall include the following documents, electronically stored information (“ESI”), and tangible things (collectively, “documents”) produced or otherwise exchanged: Formulas or trade secrets;

         (b) Proprietary design, development, research, licensing, distribution, marketing, production, and manufacturing information, including project files, reports, correspondence, drawings, data, and notes related to past, current, future, and potential vehicles and vehicle components sold or produced by Defendants (not to include disseminated marketing materials or materials that, on their face, were published to the general public);

         (c) Results of unpublished vehicle and component testing and studies conducted by Nissan;

         (d) Defendants' proprietary database structures and/or schema (because proprietary databases may contain non-proprietary data, confidentiality designations for information in the databases shall be determined independently and designated separately);

         (e) Competitive intelligence information;

         (f) Personnel records and information;

         (g) Personal and private information regarding owners and lessees of Nissan vehicles, including current and former street addresses for natural persons, Social Security numbers, telephone numbers, email addresses, dates of birth, driver's license numbers, account numbers, maiden names, usernames, and passwords;

         (h) Unredacted personal identifying information and personal health information protected from disclosure by applicable law or regulation;

         (i) Financial information not publicly filed with federal or state regulatory authorities and not contained within publicly available quarterly or annual reports.

         It is the intent of the parties that information will not be designated as confidential without a good faith belief that it has been maintained in a confidential, non-public manner.

         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 (1) information that is in the public domain or becomes part of the public domain through trial or other events not inconsistent with the requirements of this Stipulation; (2) information known to the receiving party prior to the disclosure or obtained by the receiving party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the designating party; and (3) information generated or received by the receiving party. Finally, any use of confidential material at trial shall be governed by a separate agreement or order.


         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 parties;
(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 litigation;
(c) the officers, directors, and employees (including in house counsel) of the receiving party to whom disclosure is ...

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