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Chapman v. State Farm Fire and Casualty Co.

United States District Court, E.D. Washington

July 6, 2018

BARRY CHAPMAN, husband; and JESSIE NORRIS, wife, Plaintiffs,
v.
STATE FARM FIRE AND CASUALTY COMPANY, a foreign company, Defendant.

          ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER

          ROSANNA MALOUF PETERSON, United States District Judge

         BEFORE THE COURT is the parties' stipulated motion for entry of a protective order, ECF No. 18. Having reviewed the protective order and the remaining record, the Court finds good cause to grant the stipulated motion and enter the agreed-upon protective order.

         Accordingly, IT IS HEREBY ORDERED that the parties' agreed motion for protective order, ECF No. 18, is GRANTED. The protective order in effect is set forth below.

         PROTECTIVE ORDER

         A. PURPOSES AND LIMITATIONS

         Discovery in this action involves production by Defendant State Farm Fire and Casualty Company (“State Farm”) of confidential, proprietary, trade-secret, or private information (hereafter referred to collectively as “confidential information”) for which special protection is warranted. Accordingly, the Court enters the following Stipulated Protective Order. The Parties have acknowledged that this agreement is consistent with Fed.R.Civ.P. 26(c). It does not confer blanket protection on all of State Farm's 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.

         B. “CONFIDENTIAL” MATERIAL

         “Confidential” material shall include, but not be limited to, the following documents and tangible things produced by State Farm:

• Training materials or other guidelines or instructions regarding relevant topics;
• Materials relating to evaluation of claim personnel involved in handling and/or adjusting the subject claim.

         The designation of material as confidential or trade secrets shall be made by State Farm only after a bona fide determination that the material contains trade secrets or confidential research, development, proprietary, claims handling philosophies, insurance pricing, or other valuable information developed through State Farm's industry experience and creative efforts or any other exclusive industry information, or that the material is otherwise of such a sensitive nature that it should be protected from unlimited disclosure under Fed.R.Civ.P. 26(c).

         C. 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, conversations, 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.

         This Order applies to and is binding on all Parties in this action.

         D. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         1. Basic Principles.

         The Parties may use confidential material that is disclosed or produced by any of the defendants 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 the Parties at a ...


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