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Progressive International Corp. v. Big Lots Stores, Inc.

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

February 8, 2018


          Lowe Graham Jones PLLC Lawrence D. Graham, WSBA No. 25402 701 Attorneys for Plaintiff Progressive International Corp.

          Savitt Bruce & Willey LLP Duncan E. Manville, WSBA #30304 1425 Wood, Herron & Evans LLP Paul J. Linden Paul J. Linden (pro hac vice) Attorneys for Defendant Big Lots Stores, Inc.


          Thomas S. Zilly United States District Judge


         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.


         “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged: financial documents (including sales, shipping, profits, inventories, costs, taxes, and similar documents), product development, technical schematics, customers and customer lists, vendors, suppliers, pricing, and marketing plans and techniques.

         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.


         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 reasonably necessary for this litigation, unless the designating party designates that a particular document or material produced is for Attorney's Eyes Only (meaning that it contains confidential information that the designating party believes in good faith cannot be disclosed without threat of competitive injury) and is so designated under the label “CONFIDENTIAL-ATTORNEYS' EYES ONLY” or “ATTORNEYS EYES ONLY, ” in which case the designated material may not be disclosed to such persons in this paragraph;

         (c) experts and consultants to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), provided that at least ten days before access is given, the consultant or expert is disclosed to the designating party by serving a curriculum vitae of the consultant or expert upon counsel for the designating party to allow the designating party the opportunity to object in writing to the proposed access. The parties agree to promptly confer in good faith to resolve any such objection. If the parties are unable to resolve any objection, the objecting party may file a motion with the court within fifteen days of the objection, or within such other time as the parties ...

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