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Southrest Inc. v. Hyatt Hotels Corporation

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

July 1, 2019

SOUTHREST, INC., a Washington corporation, dba The Woodmark; CARILLON PROPERTIES, a Washington general partnership Plaintiffs,
v.
HYATT HOTELS CORPORATION, a Delaware corporation; DH KIRKLAND MANAGEMENT LLC, a Washington limited liability company; CORALTREE HOSPITALITY GROUP LLC, a California limited liability company, Defendants. DH KIRKLAND MANAGEMENT LLC, Counterclaim Plaintiff,
v.
CARILLON PROPERTIES, Counterclaim Defendant.

          SUMMIT LAW GROUP, PLLC Philip S. McCune, WSBA #21081 Alexander A. Baehr, WSBA #25320 Matthew W. Walch (pro hacvice) LATHAM & WATKINS LLP Attorneys for Defendant Hyatt Hotels Corporation

          TONKON TORP LLP Steven D. Olson, WSBA #39086 Paul Conable, WSBA #43587 John P. Stride, WSBA # 34986 Attorneys for Plaintiff

          HARRIGAN LEYH FARMER & THOMSEN LLP Tyler L. Farmer, WSBA #39912 Shane P. Cramer, WSBA #35099 And Callie A. Bjurstrom (pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP Jeffrey D. Wexler (pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP Attorneys for Defendant CoralTree Hospitality Group LLC

          STIPULATED PROTECTIVE ORDER

          HONORABLE JAMES L. ROBART

         I. 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.

         II. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall include at least the following documents and tangible things produced or otherwise exchanged: the Hotel Management Agreement between DH Kirkland Management LLC ("DKM") and Carillon Properties ("Carillon") ("HMA") and all related amendments and documents that detail the confidential terms therein, the agreement between Hyatt Hotels Corporation (or its affiliates) ("Hyatt") acquired the ownership interest in Two Roads, LLC and all related amendments and documents that detail the confidential terms therein (including Hyatt's acquisition of the rights to Destination Hotels and Resorts, Inc.'s trade or service marks) the Transition Services Agreement pursuant to which CoralTree Hospitality Group LLC ("CoralTree") provides services to DKM under the HMA and all related amendments and documents that detail the confidential terms therein and confidential financial information relating to the operation of The Woodmark Hotel or the management activities of any of the parties.

         III. 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.

         IV. 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 information for this litigation;
(b) the officers, directors, and employees (including in-house counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation, unless a particular document or material produced is for Attorney's Eyes Only and is so designated (in that case, the document, or redacted AEO portions thereof, shall be designated as ...

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