United States District Court, W.D. Washington, Seattle
SHIRLEY FOX, individually and on behalf of all others similarly situated, Plaintiff,
LOANCARE, LLC, a Virginia limited liability company Defendant.
STIPULATED PROTECTIVE ORDER
J. Pechman United States Senior District Judge
Honorable Marsha J. Pechman Plaintiff Shirley Fox and
Defendant LoanCare, LLC (the “Parties”) submit
the following Stipulated Protective Order.
PURPOSES AND LIMITATIONS
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).
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.
material includes, but is not limited to, the following
documents and tangible things produced or otherwise
exchanged: (a) documents containing personal identifying
information of LoanCare customers; (b) loan or account
information relating to LoanCare customers, including data
relating to telephone calls made to LoanCare customers; (c)
manuals and related documents concerning the telephone system
used by LoanCare; and (d) LoanCare's internal policies
and procedures and other confidential or proprietary
Purported Class Material” includes, but is not limited
to, any documents, data, or information submitted, either
voluntarily or pursuant to any subsequent order, regarding
putative class members.
Purported Class Material is a subset of Confidential
material. Confidential Purported Class Material shall be
subject to the same protections that exist in this Order for
Confidential material, except that Confidential Purported
Class Material carries with it the additional restriction
that neither Plaintiff nor her counsel may use Confidential
Purported Class Material to solicit any clients or class
Parties agree on the following regarding communications with
putative class members, if any:
Plaintiff or her counsel should contact any putative class
members regarding this action, Plaintiff's counsel
shall notify LoanCare's counsel of the individual
contacted within five (5) days of the contact; and
any call with putative class members, Plaintiff or her
counsel shall not make any statements encouraging that
individual to opt-out of any purported class or encouraging
that individual to bring a separate claim against LoanCare.
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.
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
material and all information derived therefrom (including but
not limited to all testimony, deposition or otherwise, that
refers, reflects or otherwise discusses any Confidential
material), shall not be used for any purpose whatsoever other
than solely in this action and/or for the preparation and
trial of this action in accordance with this Order.
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.
Disclosure of “CONFIDENTIAL” ...