United States District Court, W.D. Washington
P. Roosa Attorneys for Plaintiff.
M. Tucker Attorneys for Defendant.
THIRD AMENDED STIPULATED PROTECTIVE ORDER
Robert S. Lasnik, United States District Court Judge.
Parties agree to amend the previous stipulated protective
order to include additional categories of document.
Amendments are in bold and contained in section 2, below.
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 the following documents and tangible
things produced or otherwise exchanged: [The parties must
include a list of specific documents such as
"company's customer list" or "plaintiffs
medical records;" do not list broad categories of
documents such as "sensitive business material"].
Claims manuals or similar documents by any other name, as
they are proprietary business trade secrets; Training
materials, as they are proprietary business trade secrets;
Employee compensation plan information, as it is proprietary
business trade secrets and its production potentially invades
the privacy of third parties; Employee personnel file
documents to the extent they are held to be relevant and
discoverable by this Court, as the production of any such
documents would invade the privacy of third parties to this
Plaintiffs private Facebook Messenger conversations, as they
contain sensitive personal information about non-parties to
this litigation, including minors, as well as HIPAA protected
patient information, and sensitive personal information of
Information related to Standard Insurance Company's
relationship with MES or other third party vendors or
independent medical providers, as those relationships
constitute proprietary business trade secrets; Information
related to Standard Insurance Company's aggregated claim
numbers and statistics related to those claims to the extent
they are held to be relevant and discoverable by this Court,
as such information constitutes proprietary business trade
secrets; Information related to Standard Insurance
Company's electronic and paper record keeping practices,
as they constitute proprietary business trade secrets.
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 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 ...