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PTP OneClick LLC v. Avalara, Inc.

United States District Court, W.D. Washington

July 1, 2019

PTP ONECLICK, LLC, Plaintiff,
v.
AVALARA, INC, Defendant,

          Timothy J. Heverin, Shane P. Cramer, Tyler L, Farmer, Harrigan Leyh Farmer & Thomsen LLP, William E. Devitt (Pro hac vice), Timothy J. Heverin (Pro hac vice, Collin Kurtenbach (Pro hac vice Jones Day Attorney For Plaintiff PTP OneClick LLC.

          Charles C. Sipos Ryan J. McBrayer, WSBA, Perkins Cole LLP Attorney For Defendent Avalara, Inc.

          STIPULATED PROTECTIVE ORDER

          Honorable James L, Robart United States District Court Judge.

         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 LCR 26(c), as counsel for both parties have conferred by e-mail and telephone, and, as of the date of filing, agree to the form of this proposed Stipulated Protective Order. 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.

         Pursuant to Local Civil Rule 26(c)(2), the parties began with the District's Model Protective Order and have identified departures from the model in redline, attached hereto as Exhibit 1.

         2. DEFINITIONS

         2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.2 Counsel (Without Qualifier): Outside Counsel of Record and In-House Counsel, as well as their support staff.

         2.3 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL-SOURCE CODE." 2.4 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.5 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current employee of a Party and not a current employee of a Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor.

         2.6 In-House Counsel: attorneys who are employees of a Party to this action. In-House Counsel does not include Outside Counsel of Record or any other outside counsel.

         2.7 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.8 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party and their support staff.

         2.9 Party; any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record.

         2.10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         2.11 Professional Vendors: persons or entities other than Experts that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

         2.12 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY," or as "HIGHLY CONFIDENTIAL-SOURCE CODE." 2.13 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party that is designated as Protected Material.

         3- PROTECTED MATERIAL

         Confidential materials may be designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY," or "HIGHLY CONFIDENTIAL-SOURCE CODE."

         3.1 "CONFIDENTIAL" MATERIALS may include documents and tangible things that the Designating Party believes in good faith includes information not generally known to others and that it (i) would not normally reveal to third parties except in confidence or has undertaken with others to maintain in confidence, or (ii) believes in good faith is protected by a right to privacy under federal or state law or any other applicable privilege or right related to confidentiality or privacy.

         Copies, abstracts, compilations, summaries, and extracts of materials designated as "CONFIDENTIAL" will also be treated as "CONFIDENTIAL" materials.

         3.2 "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" MATERIALS are limited to materials that qualify as "CONFIDENTIAL" and whose disclosure would create a substantial risk of serious harm that could not be avoided by less restrictive means. "CONFIDENTIAL" materials may be designated as "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" if the Designating Party believes in good faith that the materials include proprietary financial, technical, competitive, or commercially sensitive information that the Designating Party maintains as highly confidential in its business, including but not limited to trade secrets, confidential research and development, strategic plans, strategic business decisions, non-public financial data, licensing documents or licensing communications, and settlement agreements or settlement communications, the disclosure of which is likely to cause harm to the competitive position of the Designating Party. This designation also includes Material obtained from a Non-Party pursuant to a Nondisclosure Agreement ("NDA"), unless the Non-Party permits a different designation in writing.

         Copies, abstracts, compilations, summaries, and extracts of materials designated as "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" will also be treated as "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" materials.

         3.3 "HIGHLY CONFIDENTIAL SOURCE CODE" MATERIALS are limited to "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" materials representing computer code and associated comments and revision histories, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means, Copies, abstracts, compilations, summaries, and extracts of materials designated as "HIGHLY CONFIDENTIAL-SOURCE CODE" will also be treated as "HIGHLY CONFIDENTIAL-SOURCE CODE" materials.

         4. SCOPE

         The protections conferred by this agreement cover not only Protected Material but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal Protected 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 proper means.

         5. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         5.1 Basic Principles. A Receiving Party may use Protected 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.

         5.2 Disclosure of "CONFIDENTIAL" Materials. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any Disclosure or Discovery Material designated "CONFIDENTIAL" only to:

(a) the Receiving Party's Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose ...

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