United States District Court, E.D. Washington
BLOCKTREE PROPERTIES, LLC, a Washington limited liability company; CORSAIR INVESTMENTS, WA, LLC, a Washington limited liability company; CYTLINE, LLC, a Delaware limited liability company; 509 MINE, LLC, a Washington limited liability company; MIM INVESTORS, LLC, a Washington limited liability company; MINERS UNITED, LLC, a Washington limited liability company; MARK VARGAS, an individual; WEHASH TECHNOLOGY, LLP, a Washington limited liability company; Plaintiff,
PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY WASHINGTON, a Washington municipal corporation; TERRY BREWER, individually and in his official capacity; BOB BERND, individually and in his official capacity; DALE WALKER, individually and in his official capacity; TOM FLINT, individually and in his official capacity; LARRY SCHAAPMAN, individually and in his official capacity; DOES 1-10, managers and employees of Grant PUD, individually and in their official capacities, Defendants.
STIPULATED PROTECTIVE ORDER
ROSANNA MALOUF PETERSON, UNITED STATES DISTRICT JUDGE
THE COURT is the parties' Stipulated Motion for a
Protective Order, ECF No. 93. A district court can enter a
protective order upon a showing of good cause. Fed.R.Civ.P.
26(c). Having reviewed the proposed order and the remaining
record, the Court finds that good cause exists to enter the
parties' proposed Protective Order. Accordingly,
IT IS HEREBY ORDERED that the parties'
Stipulated Motion for a Protective Order, ECF No.
93, is GRANTED. The protective
order is set forth below.
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
Fed.R.Civ.P. 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.
party to this litigation shall have the right to designate
Discovery Materials as “Confidential Information”
or “Confidential Customer Information” pursuant
to this Stipulated Protective Order, and materials designated
as such will be referred to as such. Materials marked
“Confidential Information” or “Confidential
Customer Information” shall be those Discovery
Materials, including any document, file, portion of file,
transcribed testimony, or other material, that the
designating party in good faith reasonably believes to
comprise non-public, proprietary or confidential information
of the designating party. All confidential material will
retain the label “Confidential Information” or
“Confidential Customer Information.”
Customer Information” shall include the following
documents and tangible things produced or otherwise
exchanged: (i) Public Utility District No. 2 of Grant County,
Washington's (the “District”) customer email
addresses and phone numbers; (ii) load projections,
inquiries, requests, or negotiations regarding service from
data centers, entities referred to as data centers, customers
running server technology, or other similarly situated
customers; and, (iii) customer payments for facilities'
Information” shall include: (i) the personal email
address, phone number, Social Security number, or other
personally identifiable information of any individual; (ii)
the non-public financial information, business projections,
sales/marketing plans, and customer/supplier information of
any Plaintiff; and (iii) any information constituting a trade
secret of any Plaintiff.
agreement protects (1) Confidential Information and
Confidential Customer Information (as defined above, together
referred to as “Confidential Material”); (2) any
information copied or extracted from Confidential Material;
(3) all copies, excerpts, summaries, or compilations of
Confidential Material; and (4) 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, through voluntary waiver, or
otherwise, except as the result of inadvertent or
unauthorized release of Confidential Material.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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.
Disclosure of Confidential Material or Items.
otherwise ordered by the Court or permitted in writing by the
designating party, a receiving party may only disclose
Confidential Material 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
(b) the officers, directors, and employees (including in
house counsel) of the receiving party to whom disclosure is
reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced is for