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Kalispel Tribe of Indians v. United States Department of Interior

United States District Court, E.D. Washington

March 20, 2018




         Plaintiff Kalispel Tribe of Indians (“Kalispel”) and Intervenor-Defendant Spokane Tribe of Indians' (“Spokane, ” and together with Kalispel, the “Tribes”) Unopposed Joint Motion for Entry of Stipulated Protective Order, filed March 16, 2018, ECF No. 53, is GRANTED. Pursuant to the parties' request, it is further ORDERED:

         1. Scope of Order. This Order shall govern the treatment by the Tribes of Confidential Business Information, as defined herein. For purposes of this Order, “Confidential Business Information” includes (a) any non-public information contained in any document identified in the Index to the Administrative Record filed in this action as having been withheld or redacted based on the confidential business information privilege and (b) any other information exchanged between Kalispel and Spokane for purposes of this matter, or provided to them by the Federal Defendants at their request, that constitutes or discloses non-public financial or business information of the Tribes or tribally-owned enterprises, including but not limited to: revenues, expenses, or debt of tribal governments; revenues, expenses, or debt of tribal casinos; revenues, expenses, or debt of hotels, restaurants, and other tribal enterprises related to casino operations; casino customer information; tribal capital investments; market-saturation analyses; or summaries, charts or calculations, estimates, opinions, projections, or analyses of such information for individual tribes or casinos or multiple tribes and casinos.

         All Confidential Business Information shall be used solely for purposes of this action and for no other purposes and shall not be disclosed, used, or relied upon in any other context.

         2. Designating Confidential Business Information. The Tribes, through counsel, shall designate documents or other material exchanged between them, or a portion thereof, as Confidential Business Information by affixing a legend to the cover and all pages of such document or other material, or the parts thereof that are intended to be designated Confidential Business Information. The legend shall be a stamp or similar insignia stating “Confidential.” Any person making, or causing to be made, copies of any such documents or other material shall make certain that each such copy bears the appropriate legend. Unless and until otherwise ordered by this Court, or otherwise agreed by the Tribes in writing, all documents or other material designated as Confidential Business Information shall be treated as such under this Order. The designation of any document or other material as constituting or containing Confidential Business Information is intended solely to facilitate the litigation of this action, and such designation shall not be construed as an admission or agreement by the designating party that such document or other material constitutes or contains any Confidential Business Information as a matter of law.

         3. Limitations on Disclosure of Confidential Business Information. Subject to the provisions of section 4, each Tribe may disclose Confidential Business Information regarding the other Tribe only to this Court and to:

(a) attorneys of record for Kalispel and Spokane in this action and the other attorneys, paralegals, legal assistants, or secretarial or clerical employees employed by the attorneys of record who reasonably need to receive such Confidential Business Information for purposes of litigating this action;
(b) independent consultants or experts retained by Kalispel or Spokane for this action, provided that no such independent consultant or expert retained for this action and permitted to review Confidential Business Information pursuant to this paragraph shall be an employee of the party receiving the Confidential Business Information;
(c) outside vendors retained by Kalispel or Spokane to provide support services for this action, such as translation, copying, scanning, imaging, processing, or coding of documents or preparation of demonstrative exhibits;
(d) attorneys of record for the Federal Defendants in this action; and
(e) any other person upon such terms and conditions as the Tribes may agree in writing.

         A party receiving Confidential Business Information may disclose the Confidential Business Information to a person listed above only after that person has been shown a copy of this Order and has agreed to be bound by the terms of this Order by signing the form attached as Exhibit A hereto. Notwithstanding the provisions of this section, Kalispel or Spokane may disclose its own Confidential Business Information to any person it deems appropriate with or without conditions to the disclosure.

         4. Use of Confidential Business Information. Counsel for the Tribes may refer to Confidential Business Information obtained from one another in their briefs or other papers filed in this matter and may attach documents or excerpts of documents containing Confidential Business Information to such briefs or papers. The Tribes shall take necessary steps to protect such Confidential Business Information from public disclosure, including seeking leave to file such Confidential Business Information under seal when appropriate and in compliance with governing legal standards and rules. This Order does not itself authorize the filing of any document under seal.

         If either Kalispel or Spokane intends to reveal Confidential Business Information of the other during a hearing or other court appearance that is open to the public, the party intending to reveal such Confidential Business Information shall provide 5 business days' notice and opportunity to object, unless consent from the party that designated the Confidential Business Information is previously obtained. Kalispel and Spokane further agree, if requested, to join the party that designated the Confidential Business Information in seeking an order from the Court restricting ...

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