United States District Court, W.D. Washington, Seattle
AMERICAN STATES INSURANCE COMPANY, an Indiana corporation; and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a New Hampshire corporation, Plaintiffs,
GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Defendant.
ON MOTION CALENDAR MARCH 5, 5018
M. Silk, WSBA No. 15035 Lisa C. Neal, WSBA No. 25686 WILSON
SMITH COCHRAN DICKERSON Attorney for Plaintiffs
E. Barron Timothy B. Fitzgerald, WSBA No. 45103 Leslie E.
Barron, WSBA No. 50792 McNaul Ebel Nawrot & Helgren PLLC
Attorneys for Defendant
Michael T. Skoglund Jonathan A. Cipriani Ommid C. Farashahi
Bates Carey LLP Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
Robert S. Lasnik, 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.
All documents and information marked "Confidential"
have been maintained in confidence and not disclosed to the
public, but rather have been kept private with disclosure
only made to those directly interested, in privily, or
charged with the activity undertaken.
material shall mean the following categories of documents and
tangible things produced or otherwise exchanged by the
parties in this matter to the extent they are designated as
"CONFIDENTIAL" under Section 5.2 below:
• Underwriting files regarding policies issued to
non-party Sea Shepherd and containing Sea Shepherd's
confidential information, containing Sea Shepherd's
financial information and employee information; containing
the parties' negotiation information; and containing
insurers' trade secrets, rate calculation data, loss
reserve information, and information relating to the
Parties' business procedures, techniques and other
internal practices. These procedures have been developed and
refined over the course of many years and the Parties have
consistently taken reasonable steps to protect the
confidentiality of the procedures and techniques. Further,
die underwriting files may contain information relating to
other policies that are not relevant to this action.
• Claim files related to the claims against non-party
Sea Shepherd and I containing confidential information
regarding that non-party's defense of the claims against
it. Public disclosure of this information could potentially
harm Sea Shepherd in future litigation or claims and, because
Sea Shepherd is not a I party to this litigation, it does not
have the ability to protect the confidentiality of this
information itself. Further, documents and information
protected by the attorney-client communications privilege and
the work product doctrine are t contained within the claim
files related to the claims against non-party Sea, Shepherd.
• Communications with any reinsurer, retrocessionaire,
broker or third party administrator regarding the claims
against non-party Sea Shepherd, as these; communications
likely contain confidential information relating to the
defense of Sea Shepherd, relating to loss reserves and
negotiations, and relating to other policies that are not
relevant to this action. For those reasons, public disclosure
could potentially harm Sea Shepherd in future litigation or
claims. Again, because Sea Shepherd is not a party to this
litigation, it does not have the ability to protect the
confidentiality of this information itself. Further,
documents and information protected by the attorney-client
communications privilege and the work product doctrine are
contained within the claim files related to the claims
against non-party Sea Shepherd.
• Personal identification information regarding
non-party Sea Shepherd employees or affiliates, as disclosure
to the public would invade the privacy of third parties.
• Claims manuals or similar documents reflecting claims
handling procedures and guidelines, including any
documentation regarding loss reserves related to the claims
against Sea Shepherd or in general, and further including
documentation, screen shots or other information regarding
the insurers' databases, claims tracking software or
other computer programs, as they are proprietary business
trade secrets which the Parties have consistently taken
reasonable steps, to protect.
• Training materials, as they are proprietary business
trade secrets which the Parties have taken reasonable steps
• Employee compensation plan information, as these
documents are proprietary trade secrets and disclosure to the
public would invade the privacy of third parties.
• Personal identification information regarding
employees of defendants, as disclosure to the public would
invade the privacy of those persons.
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