United States District Court, W.D. Washington, Seattle
AMAZON.COM, INC. Plaintiff,
PHILIP MOYER, an individual, Defendant.
Fisher, Jordan Clark, Davis Wright Tremaine LLP Attorneys for
Plaintiff Amazon.com, Inc.
P. Francis, Angeli Law Group LLC Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
parties, by and through undersigned counsel, stipulate to and
jointly request entry of the following 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.
“CONFIDENTIAL” AND “ATTORNEYS' EYES
material shall include information or documents that a party
or third-party in good faith reasonably believe contains
sensitive, non-public, private or confidential personal
information the public disclosure of which would cause actual
harm to a person's reasonable expectation of privacy or
is otherwise entitled to protection under the applicable
Eyes Only” material shall include information or
documents that a party or third-party in good faith
reasonably believe contains constitute or include highly
confidential information or material that is believed in good
faith to be not only confidential, but also constitute trade
secrets or commercial business information that could be used
to the detriment of the producing party's business,
including without limitation pricing, profits, product
development, customer feedback, competitive analysis,
roadmap, strategies, marketing plans, operational plans,
customers, and/or unreleased initiatives, products, services,
features, and/or business deals.
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 OR ATTORNEYS' EYES
Basic Principles. A receiving party may use
confidential or attorneys' eyes only 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 or
attorneys' eyes only material may be disclosed only to
the categories of persons and under the conditions described
in this agreement. Confidential or attorneys' eyes only
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” Information or
Items. Unless otherwise ordered by the court or
permitted in writing by the designating party, a receiving
party may disclose any confidential material only 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
attorneys' eyes only and is so designated;
(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the
“Acknowledgment and Agreement ...