United States District Court, W.D. Washington, Seattle
S&W FOREST PRODUCTS, LTD., a British Columbia corporation, Plaintiff,
CEDAR SHAKE & SHINGLE BUREAU, a Washington nonprofit corporation; WALDUN FOREST PRODUCTS LTD., a British Columbia corporation; and ANBROOK INDUSTRIES LTD., a British Columbia corporation, Defendants. In re Cedar Shakes and Shingle Antitrust Litigation This Document Relates to: ALL CLASS ACTIONS
P. Babbitt, JAMESON BABBITT STITES & LOMBARD Michael E.
Haglund Michael K. Kelley Eric J. Brickenstein HAGLUND KELLEY
LLP Attorneys for Plaintiff S&W Forest Products
A. Griffin, Raymond J. Farrow, Karin B. Swope, KELLER
ROHRBACK L.L.P. W. Joseph Bruckner Elizabeth R. Odette Brian
D. Clark Arielle S. Wagner LOCKRIDGE GRINDAL NAUEN P.L.L.P.
Co-Lead Counsel for the Proposed End User Plaintiff Classes
Gregory J Hollon, MCNAUL EBEL NAWROT & HELGREN PLLC
Liaison Counsel for the Proposed Reseller Plaintiff Classes
Kaleigh N.B. Powell, Kim D. Stephens, Jason Dennett, TOUSLEY
BRAIN STEPHENS Bonney Sweeney Samantha Stein James J.
Pizzirusso Nathaniel C. Giddings Paul Gallagher HAUSFELD LLP
Co-Lead Counsel for the Proposed Direct Purchaser Plaintiff
Christopher J Cormier Warren T. Burns Spencer M Cox William
B. Thompson Lydia A Wright BURNS CHAREST LLP Keith Dubanevich
Keil M. Mueller Lydia Anderson-Dana STOLL STOLL BERNE LOKTING
& SHLACHETER PC Co-Lead Counsel for the Proposed Reseller
Jessica Walder, Larry Steven Gangnes, Heidi Brooks Bradley,
Joseph Adamson, LANE POWELL PC Attorneys for Cedar Shake
& Shingle Bureau
L. Harrington, STOKES LAWRENCE Attorneys for Waldun Forest
Products Ltd. and Waldun Forest Products Partnership d/b/a
The Waldun Group
Elizabeth Simson Weinstein, Molly A. Terwilliger, YARMUTH LLP
Attorneys for Anbrook Industries Ltd.
Lootens Chyz, Jake Ewart, Jessica C. Kerr, HILLIS CLARK
MARTIN & PETERSON Attorneys for G&R Cedar Ltd. and
G&R Cedar (2009) Ltd.
STIPULATED CONFIDENTIALITY ORDER
J. PECHMAN UNITED STATES SENIOR DISTRICT JUDGE.
parties hereby stipulate to the following provisions
regarding the treatment of confidential information or
materials in this matter. This Order shall govern the parties
in the above-captioned cases whether they currently are
involved or become so in the future, and any other related
actions presenting common questions of law or fact before
PURPOSES, SCOPE, AND LIMITATIONS
Discovery 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.
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 Material or Information under seal.
Nothing in this Order shall be construed to limit the use of
any document at any trial or hearing in these actions
provided that the parties take necessary advance precautions
to avoid the public disclosure of Confidential Material or
Information. A party that intends to present or that
anticipates that another party may present Confidential
Material or Information at a hearing or trial in these
actions shall bring that issue to the Court's and
parties' attention by motion sufficiently in advance of
the proceeding without disclosing the Confidential Material
or Information. The Court may thereafter make such orders as
are necessary to govern the use of such documents at trial.
parties in conducting discovery from third parties shall
attach this Order to a copy of any subpoena or other
discovery request. Third parties from whom discovery is
requested are parties to this Order and are entitled to the
protections of this Order in responding to such requests.
This Order shall take effect when entered and shall be
binding upon all counsel of record and their law firms, the
parties, and persons made subject to this Order by its terms.
“CONFIDENTIAL” MATERIAL OR INFORMATION
Material or Information is material or information related to
the confidential conduct of any party and/or any party's
board of directors, and shall include, by way of example and
without limitation, the following documents and tangible
things produced or otherwise exchanged:
(a) customer lists or information;
(b) financial, tax, and customs data;
(c) information prohibited from disclosure by statute or
(d) information related to proprietary marketing, sales,
product development, and other competitive strategy;
(e) margin, cost, and pricing information;
(f) proprietary information related to raw material
(g) other competitively sensitive data, the unprotected
disclosure of which would enable the receiving party to
obtain an undue competitive advantage over the disclosing
“Attorneys' Eyes Only” Material or
parties recognize that because this litigation involves
claims among competitors arising from alleged anticompetitive
activity, there is a high likelihood that discovery will
include disclosure of certain documents and information that
are highly competitively sensitive, the disclosure of which
to an opposing party could cause the disclosing party
substantial and irreparable harm.
parties therefore agree that the “Attorneys' Eyes
Only” designation may be made over Confidential
Material or Information, in the reasonable discretion of the
disclosing party. Designation must be made at the time of
production, as set forth in Part 5.2.
set forth in Part 4.2(b), the parties may preclude disclosure
of Confidential Information or Material to the officers,
directors, and employees (including in-house counsel) of the