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Caplow v. Zimmer US, Inc.

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

July 17, 2019

J. MICHAEL CAPLOW, Plaintiff,
v.
ZIMMER US, INC.; ZIMMER-BIOMET HOLDINGS, INC.; ZIMMER, INC.; and ZIMMER SURGICAL, INC., Defendants.

          FOR PLAINTIFF: ALEX C. DAVIS (PRO HAC VICE) JONES WARD PLC

          FOR PLAINTIFF: STEVEN P. CAPLOW DAVIS WRIGHT TREMAINE LLP

          FOR DEFENDANTS: E. PENNOCK GHEEN EVELYN E. WINTERS BULLIVANT HOUSER BAILEY PC PATRICK H. REILLY (PRO HAC VICE) FAEGRE BAKER DANIELS LLP JOSHUA T. BUSCH (PRO HAC VICE) FAEGRE BAKER DANIELS LLP

          STIPULATED PROTECTIVE ORDER

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         The parties have stipulated to the entry of this Protective Order in regard to certain discovery material to be made available by Defendants Zimmer US, Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc., and Zimmer Surgical, Inc. (collectively, “Zimmer”) and by Plaintiff J. Michael Caplow (“Plaintiff”). This discovery material could include trade secrets and confidential, proprietary and non-public documents and information, the public disclosure of which could be detrimental to the interests of Zimmer and/or related corporate entities and/or documents which may contain information that is personal and confidential to third parties, including individuals. This discovery material could also include Plaintiff's medical and financial records. The parties agree that the above-described documents and information, including electronically stored information, should be given the protection of an order of this Court to prevent irreparable harm through disclosure to persons other than those persons involved in the prosecution or defense of this litigation. Those persons involved in this litigation include the parties, the attorneys for the parties, their staff, and the experts retained as consulting or testifying experts.

         THEREFORE, FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the following Protective Order (“Order”) shall govern discovery in the above-captioned matter, as follows:

         1. The following definitions shall apply to this Order:

(a) The term “document” means all written, recorded, electronically stored, or graphic material produced or created by a party or any other person, whether produced pursuant to the Federal Rules of Civil Procedure, subpoena, by agreement, or otherwise.
(b) A “stamped confidential document” means any document, including any document produced electronically, which bears the legend (or which shall otherwise have had the legend recorded upon it or upon the medium in which it is produced, in a way that brings its attention to a reasonable examiner) “CONFIDENTIAL” or “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to signify that it contains information subject to protection under Federal Rule of Civil Procedure 26(c)(1)(G), or federal or state statute or regulation. Interrogatory answers, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection may be accorded status as stamped confidential documents, but, to the extent feasible and practical, these documents shall be prepared in such a manner that stamped confidential documents are bound separately from those not entitled to protection.
(c) The term “competitor” means any manufacturer or seller of medical devices, other than the named defendants, distributors of Zimmer products, or physicians implanting Zimmer products.
(d) The term “customer” means any direct purchaser of products from any defendant, or any regular indirect purchaser of defendants. The term “customer” is not meant to include the physicians, distributors, or sales reps involved in the action before this Court.

         2. Stamped confidential documents and their contents, as well as copies, summaries, notes, memoranda and computer databases relating thereto, shall be and remain confidential. Stamped confidential documents shall not be disclosed in any fashion, nor be used for any purpose other than the analysis and preparation for discovery, motion practice, and/or the trial of this action, except with the prior written consent of the party or other person originally designating a document as a stamped confidential document, or as hereinafter provided under this Order.

         3. Notwithstanding paragraph 2, stamped confidential documents may be disclosed to the parties to this action; counsel of record for the parties to this action; the partners, associates, secretaries, paralegal assistants, and employees of counsel of record to the extent reasonably necessary to render professional services in the litigation; and to court officials involved in this litigation (including court reporters, persons operating video recording equipment at depositions, and any special master appointed by the Court). Such documents may also be disclosed:

(a) to any person designated by the Court in the interest of justice, upon such terms as the ...

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