United States District Court, W.D. Washington, Seattle
KELLEY, GOLDFARB, HUCK, ROTH & RIOJAS, PLLC Christopher
M. Huck, Kit W. Roth, R. Omar Riojas, CAIRNCROSS &
HEMPELMANN, P.S. Ana-Maria Popp, Jeff Nelson, Binah B. Yeung,
Attorneys for Plaintiff
PERKINS COIE LLP William C. Rava, MOSS & BARNETT A
Professional Association David P. Jendrzejek, (pro hac vice)
Terese A. West (pro hac vice) Attorneys for Defendants
AMENDED STIPULATED PROTECTIVE ORDER
S. LASNIK UNITED STATES DISTRICT 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:
• confidential financial information, including personal
financial statements, income source documents, and tax
• the rates and other terms and conditions applicable to
training, consultation, therapy, and other goods and services
provided by the parties using Plaintiffs alleged trademarks.
an action between competitors. The foregoing information
warrants protection for privacy reasons and to preserve
confidential, proprietary information developed by the
parties at their expense for a competitive advantage in
providing such goods and services.
foregoing is not an acknowledgment by any party that any
materials so listed above are relevant or discoverable for
any purpose in this action.
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 contain
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
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
otherwise ordered by the court or permitted in writing by the
designating party, the receiving party may disclose
confidential information 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 parties to this action;
(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
"Acknowledgment and Agreement to ...