United States District Court, W.D. Washington, Seattle
U.S. BANK, N.A., Plaintiff,
THE GLOGOWSKI LAW FIRM, PLLC d/b/a ALLEGIANT LAW GROUP, et al., Defendants.
MEYERS SWARTLING P.S. Attorneys for Plaintiff John Fetters
WSBA No. 40800 Samantha Pitsch WSBA No. 54190 Mills Meyers
BULLIVANT HOUSER BAILEY Attorneys for Defendants Wilhelm
Dingler, WSBA #13474 Jon S. Bogdanov, WSBA #52857 Bullivant
Houser Bailey PC
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.
to the parties' stipulation and proposed order (Dkt. No.
18), the Court ENTERS the following protective order:
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 Local
Civil Rule 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: (1) attorney-client
privileged communications between U.S. Bank and counsel
relating to the litigation, identified in the complaint,
involving 769 Hayes Street #501, Seattle, WA 98109 (the
“Property”). These communications typically take
the form of intercoms, a communication used by U.S. Bank to
communicate with former counsel, and/or emails; (2) internal
notes created by or as a result of attorney-client privileged
communications between U.S. Bank and former counsel relating
to the litigation, identified in the complaint, involving the
Property; (3) attorney-client privileged communications which
may be elicited by testimony from U.S. Bank's former
counsel relating to litigation, identified in the complaint,
involving the Property; (4) confidential, proprietary
communications between U.S. Bank and Freddie Mac regarding
U.S. Bank's repayment obligation.
Bank acknowledges that, to prosecute its legal malpractice
claims, Washington law requires U.S. Bank to agree to a
limited waiver of privilege within the scope and parameters
established by Pappas v. Holloway, 787 P.2d 30
(Wash. 1990). U.S. Bank's limited waiver of privilege is
not to be construed as an absolute waiver of privilege, and
U.S. Bank does not waive its right to object to further or
inadvertent production of attorney-client privileged
documents and/or testimony.
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.
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 ...