United States District Court, E.D. Washington
UNITED STATES OF AMERICA, ex rel., RANDOLPH PETERSON, individually and as relator; TRI-CITY RAILROAD COMPANY, LLC, a Washington limited liability company; as a Washington corporation and as relator; Plaintiffs,
PORT OF BENTON COUNTY, a Washington State Municipal Entity; SCOTT KELLER, individually and as Executive Director of Port of Benton; ROBERT LARSON, individually and as Commissioner of Port of Benton; ROY KECK, individually and as Commissioner of Port of Benton; JANE HAGERTY, individually and as Commissioner of the Port of Benton; JOHN DOES 1-99, employees, officers, directors, agents of the Port of Benton; CITY OF RICHLAND, a Washington State Municipal entity; PETER ROGALSKY, individually and as Public Works Director of the City of Richland; and JOHN DOES 1-99, employees, officers, directors, agents of the City of Richland. Defendants.
YAHNE KOVARIK, PLLC, Whitny L. Norton NICHOLAS D. KOVARIK,
Attorneys for Plaintiffs.
ROHRBACK LLP, Rob J. Crichton ROB J. CRICHTON, HOLLY LYNCH,
ERIC R. LALIBERTE, Attorneys for Port of Benton Defendants.
EAKES & OSTROVSKY, PLLC, Emily D. Powell ANGELO J. CALFO,
Attorneys for City of Richland and Peter Rogalsky.
STIPULATION AND PROTECTIVE ORDER RE: COMPANY AND
INDIVIDUAL TAX RETURNS
HONORABLE THOMAS O. RICE JUDGE.
and Defendants, by and through their counsel of record,
hereby stipulate as follows pursuant to FRCP 29(b) and move
the Court for a Protective Order pursuant to FRCP 26(c).
have requested the tax returns of Plaintiff Tri-City Railroad
Company LLC and Plaintiff Randolph Peterson. It is
anticipated that Plaintiffs may request the tax returns of
one or more of the Defendants herein. Tax returns and related
information may contain privileged, private, confidential,
proprietary, or commercially sensitive information, and the
parties could be seriously prejudiced by the disclosure of
such privileged, private, confidential, proprietary, or
sensitive information to third parties in the above-captioned
matter (the “Litigation”).
PARTIES HEREBY STIPULATE AND AGREE to the following terms and
conditions, which shall apply to the Litigation.
Purposes and Limitation.
and discovery activity in this Litigation may involve
production of tax returns which may contain privileged,
private, confidential, proprietary, or commercially sensitive
information for which special protection from public
disclosure is warranted. All tax returns or related documents
designated “Confidential” or
“Attorney's Eyes Only” under this Stipulated
Protective Order (“Protective Order”) shall be
used solely for the purpose of prosecuting or defending this
Litigation and for no other purpose.
a. Confidential. “Confidential” means
all tax returns and related documents conveyed during this
Litigation and designated in good faith by the producing and
designating party as “Confidential” as of the
time of production or conveyance. Only those “Qualified
Persons” as defined in paragraph 6 shall have access to
such information unless otherwise provided by this Protective
Order or other order of the Court.
b. Attorney's Eyes Only. “Attorney's
Eyes Only” means all tax returns and related documents
conveyed during this Litigation and designated in good faith
by the producing party or designating party as
“Attorney's Eyes Only” at the time of
Designating Material for Protection.
party producing tax returns or related information that is
not publicly available may designate as
“Confidential” or “Attorney's Eyes
Only” such information that it in good faith believes
embodies privileged, private, confidential, proprietary, or
commercially sensitive information (“Confidential
Method of Designation.
producing party may designate Confidential Information by
stamping a document containing such Confidential Information
with the legend “Confidential” or
“Attorney's Eyes Only.” Where possible, the
producing party will seek to produce non-confidential,
redacted versions of confidential documents - so that
portions of the material, documents, items, or communications
for which confidential protection is not warranted are
available in non-protected form. With respect to depositions
or other pre-trial testimony, the designation may be made by:
statement on the record by counsel at the time of or
immediately following the disclosure that such testimony
shall be treated as Confidential Information; or
written notice, sent by counsel, within five (5) business
days after receiving a copy of the transcript of such
testimony, that such testimony shall be treated as
Confidential Information. In the event that the designation
comes after a transcript has been disclosed to clients or
third parties without such designations, the disclosing party
shall use best efforts to ...