United States District Court, W.D. Washington, Seattle
OSCAR R. OCTAVIANO, Plaintiff,
PREMIER PACIFIC SEAFOODS, INC. a Washington Corporation, and PHOENDC PROCESSOR, L.P., a Washington Limited Partnership, Defendants.
A. Kalzer, WSBA No. 25429 Helsell Fetterman LLP Attorneys for
W. Silke, WSBA No. 23761 Derek A. Bishop, WSBA No. 39363
Attorneys for Defendants Gordon & Rees LLP
STIPULATED PROTECTIVE ORDER
S. LASNIK, UNITED STATES DISTRICT COURT 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(e).
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:
2.1 Any and all financial information, tax returns and/or
information contained therein, profit and loss statements or
any other financial information of any kind relating to any
of the Parties or their affiliates which is not already in
the public domain.
2.2 Any and all personal information about any of the
Party's employees, excluding Plaintiff, or former
employees, including, but not limited to their addresses,
phone numbers, e-mail addresses or other contact information,
payroll information, rate of pay, disciplinary history; work
history, family information, financial information which is
not already in th 5 public domain, social security numbers,
or dates of birth, or any other private information which may
be obtained through discovery.
2.3 The Defendants' customer list(s), information
regarding a particular customer, customer pricing, or trade
secret or proprietary business information or processes of
the Defendant) which is not already in die public domain.
2.4 Medical and counseling records belonging to Plaintiff.
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 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