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U.S. Bank N.A. v. Glogowski Law Firm PLLC

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

May 20, 2019

U.S. BANK, N.A., Plaintiff,
v.
THE GLOGOWSKI LAW FIRM, PLLC d/b/a ALLEGIANT LAW GROUP, et al., Defendants.

          MILLS MEYERS SWARTLING P.S. Attorneys for Plaintiff John Fetters WSBA No. 40800 Samantha Pitsch WSBA No. 54190 Mills Meyers Swartling P.S.

          BULLIVANT HOUSER BAILEY Attorneys for Defendants Wilhelm Dingler, WSBA #13474 Jon S. Bogdanov, WSBA #52857 Bullivant Houser Bailey PC

          ORDER

          JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.

         Pursuant to the parties' stipulation and proposed order (Dkt. No. 18), the Court ENTERS the following protective order:

         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 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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” 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.

         U.S. 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.

         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, 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.

         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.

         4.2 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 ...

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