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McNamee v. Equifax Information Services, LLC

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

May 10, 2018

AUSTIN MCNAMEE, Plaintiff,
v.
EQUIFAX INFORMATION SERVICES LLC, a Georgia Limited Liability Company, Defendant.

          SaraEllen Hutchison (WSBA # 36137) LAW OFFICE OF SARAELLEN HUTCHISON, PLLC Attorney for Plaintiff, Austin McNamee

          Jeffrey M. Edelson (WSBA #37361) Markowitz Herbold PC Attorney for Defendant Equifax Information Services LLC

          STIPULATED PROTECTIVE ORDER

          THOMAS S. ZILLY, UNITED STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED by and between Plaintiff Austin McNamee and Defendant Equifax Information Services, LLC (“Equifax”) as follows:

         1. PURPOSES AND LIMITATIONS

         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 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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged:

a. information prohibited from disclosure by statute;
b. research, technical, commercial or financial information that the party has maintained as confidential, and that, if disclosed to customers or competitors, would tend to damage the party's competitive position;
c. information and documents that a party has a reasonable and good faith belief constitutes, contains, or refers to proprietary technology or information owned or developed by the producing party, and that, if disclosed to customers or competitors, would tend to damage the party's competitive position, including, but not limited to training, compliance and policy manuals.

         3. SCOPE

         The 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 or presentations by parties or their counsel that might reveal confidential material.

         However, 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.

         4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         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 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.

         Nothing in this Order shall prevent a party from using at trial any information or materials ...


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