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Riverkeeper v. Crunch Pak, LLC
United States District Court, E.D. Washington
May 20, 2019
COLUMBIA RIVERKEEPER, Plaintiff,
CRUNCH PAK, LLC, Defendant.
ROSANNA MALOUF PETERSON, UNITED STATES DISTRICT JUDGE
THE COURT is the parties' Proposed Stipulated Protective
Order, ECF No. 19. Having reviewed the protective order
proposed by the parties, and the remaining record, the Court
finds good cause to grant the motion and enter the
agreed-upon protective order.
IT IS HEREBY ORDERED that the parties'
Stipulated Motion for Protective Order, ECF No.
19, is GRANTED. The protective
order is set forth below:
1. Plaintiff Columbia Riverkeeper and Defendant Crunch Pak,
LLC and their respective counsel (collectively the
“parties”) have stipulated that discovery in this
action is likely to involve production of confidential,
proprietary, or private information-including, but not
limited to, confidential commercial and financial
information-for which special protection may be warranted.
This agreement does not confer blanket protection on all
disclosures or responses to discovery. Instead, 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. The procedures that must
be followed and the standards that will be applied when a
party seeks permission from the Court to file material under
seal will be governed by applicable law.
2. As used in this order, the term “Confidential
Material” means documents or information which contain
proprietary technical or commercial or information designated
as such by a party producing such information, and
constituting trade secrets, confidential know-how,
proprietary information, and the like, which relates to a
product or products or a commercial operation used or
proposed to be used, or which relates to or contains research
or commercial information generated by said party, whether
revealed during a deposition, in a document, in an
interrogatory answer or otherwise, in connection with this
litigation. This definition shall include, but is not limited
to, any and all documents or information relating to the
financial operations or assets, or general financial status,
of one of the parties.
3. Any document, any written statement, and any copy,
excerpt, synopsis, summary or note pertaining to any such
document or statement, or to any oral statement which
contains confidential information, shall be bates stamped
conspicuously with the word “CONFIDENTIAL” prior
to production. A party producing “CONFIDENTIAL”
documents will segregate the documents as to which
confidentiality is claimed, provide a list of said documents,
or otherwise “flag” the documents so that other
parties are notified of the claims.
4. 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.
5. 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.
6. 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;
c. experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound”
d. the court, court personnel, and court reporters and their
e. copy or imaging services retained by counsel to assist in
the duplication of confidential material, provided that
counsel for the party retaining the copy or imaging service
instructs the service not to disclose any confidential
material to third parties and to ...
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