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Kalmbach v. National Rifle Association of America

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

March 12, 2018

KATHARYN KALMBACH, individually and on behalf of all others similarly situated, Plaintiff,
NATIONAL RIFLE ASSOCIATION OF AMERICA, a New York Corporation, and INFOCISION, INC. d/b/a InfoCision Management Corporation, a Delaware Corporation, Defendants.

          Steven L. Woodrow (per email consent) Tousley Brain Stephens PLLC Kim D. Stephens Chase Christian Alvord, Law Offices of Stefan Coleman, P.S. Stefan Coleman Adam T. Savett, Woodrow & Peluso, LLC Steven L. Woodrow, Patrick H. Peluso Attorneys for Plaintiff Katharyn Kalmbach and the alleged class

          Michael D. Meuti Baker Hostetler LLP Curt Roy Hineline, James R. Morrison, Terry M. Brennan, Michael D. Meuti Attorneys for Defendants National Rifle Association of America and InfoCision, Inc.



         Plaintiff Katharyn Kalmbach and Defendants National Rifle Association of America and InfoCision, Inc. have stipulated, and for good cause, the Court hereby ORDERS as follows:


         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 Stipulated Protective Order 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 (which, for purposes of this Stipulated Protective Order, includes both paper and electronic files) and tangible things that may be produced or otherwise exchanged: employee training materials; call scripts; descriptions or diagrams of dialing or other call technology; contracts with clients, vendors, suppliers, donors, or members; client, member, or donor information; call recordings or transcripts; strategic plans; call data; non-public financial information, including, but not limited to, financial statements, tax returns, and financial projections; personally identifiable information, including, but not limited to, names, account numbers, phone numbers, email addresses, mailing addresses, and social security numbers; software coding; and database/system architecture. The parties reserve the right to designate additional categories of confidential materials based on the scope of the discovery requests issued in this matter. Notwithstanding the foregoing or anything in this Stipulated Protective Order to the contrary, the parties reserve their respective rights to challenge any discovery request or the discoverability of any document or information, including, but not limited to, disclosure of membership lists. See NAACP v. Alabama, 357 U.S. 449 (1958).

         3. SCOPE

         3.1 Basic Principles. The protections conferred by this Stipulated Protective Order 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 Stipulated Protective Order do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise.

         3.2 Redacting Putative Class Data. The parties agree that Defendants will redact details by which individual class members can be identified as specific individuals. Instead, to the extent that is reasonably feasible, Defendants will summarize or will produce data that describes generally the magnitude of the putative class including, for example, the putative class members' telephone area code and central office exchange (redacting the final four digits), and the date of contact(s) with putative class members and other responsive and non-privileged information, etc. Redacted data and/or summaries will be treated under the Stipulated Protective Order as “Confidential” material. In exchange for Plaintiff's agreeing to accept putative class data as described above, Defendants will not challenge class certification based upon Plaintiff's failing to identify class members other than the named plaintiff. This paragraph is without any Parties' ability to seek relief from this provision from the Court.


         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 Stipulated Protective Order. 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 Stipulated Protective Order.

         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 ...

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