United States District Court, W.D. Washington
BADLEY SPELLMAN, P.S. Attorneys for Plaintiff and
Counter-Defendant Cody, Inc. Ashley K. Long WA Bar No. 45738
THOITS LAW Attorneys for Plaintiff and Counter-Defendant
P. Holland CA Bar No. 224737 Misasha S. Graham CA Bar No.
237187 JEFFERS, DANIELSON, SONN & AYLWARD, P.S. Attorneys
for Defendant and Counterclaimant Dana Falsetti Laraine M.
Burrell / WA Bar No. 48684 Brian C. Huber / WA Bar No. 23659
STIPULATED PROTECTIVE ORDER
J. Pechman United States District 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).
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.
material shall include, but may not be limited to, the
following documents and tangible things produced or otherwise
exchanged: Contracts between parties that contain a
confidentiality provision; and customer lists.
material shall not include previously “published”
documents. “Published” as defined by Black's
Law Dictionary is to “distribute copies (of a work) to
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.
the protections conferred by this agreement do not cover
information that is in the public domain, including
information which was published, as defined above, prior to
this lawsuit being filed, or becomes part of the public
domain through trial or otherwise.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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.
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
(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 parties
agree that a particular document or material produced is for
“Attorney's Eyes Only” and is so designated;
(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
“Acknowledgment and Agreement ...