United States District Court, W.D. Washington, Seattle
HARLEY MARINE SERVICES, INC., a Washington corporation; OLYMPIC TUG & BARGE, INC., a Washington corporation, PACIFIC COAST MARITIME, INC. Plaintiffs,
FATHOM MARINE, INC., a British Columbia corporation, FATHOM ENERGY, INC., an Alberta corporation, Defendants.
G. Waller, Mark A. Krisher, Robert D. Sykes, Attorneys for
Plaintiffs Olympic Tug & Barge, Inc. and Harley Marine
Christopher W. Nicoll Chris P. Reilly Attorneys for
Defendants Fathom Marine, Inc. and Fathom Energy, Inc.
STIPULATED PROTECTIVE ORDER
HONORABLE MARSNA J. PECHMAN 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.
material shall include the following documents and tangible
things produced or otherwise exchanged:
a. Financial records of Fathom Marine, Inc. not designated as
"Attorneys Eyes Only" material;
b. Financial records of Fathom Energy, Inc. not designated as
"Attorneys Eyes Only" material.
c. Records of Transport Canada AMP actions against Fathom
Marine, Inc. employees.
"ATTORNEYS EYES ONLY" MATERIAL "Attorneys Eyes
Only" material shall include the following documents and
tangible things produced or otherwise exchanged:
Proprietary Information relating to highly sensitive
financial information, including but not limited to, customer
identification, sales terms and prices to specific customers
or regarding specific transactions, information regarding
profits, profit margins, salaries, credit line terms and
usage, corporate resolutions, corporate minutes, and
prospective marketing strategies.
protections conferred by this agreement cover not only
confidential and attorney eyes only material (as defined
above), but also (1) any information copied or extracted from
confidential and/or attorney eyes only material; (2) all
copies, excerpts, summaries, or compilations of confidential
and/or attorney eyes only material; and (3) any testimony,
conversations, or presentations by parties or their counsel
that might reveal confidential and/or attorney eyes only
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
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
(b) the officers, directors, and employees (including in
house counsel) of the receiving party to whom disclosure is
reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced is for
Attorney's Eyes Only and is so designated;
(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
"Acknowledgment and Agreement to ...