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S&W Forest Products, Ltd. v. Shake

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

September 4, 2019

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

          Bruce 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

          Mark 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 Class

          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 Plaintiff Classes

          Jessica Walder, Larry Steven Gangnes, Heidi Brooks Bradley, Joseph Adamson, LANE POWELL PC Attorneys for Cedar Shake & Shingle Bureau

          Mathew 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.

          Laurie Lootens Chyz, Jake Ewart, Jessica C. Kerr, HILLIS CLARK MARTIN & PETERSON Attorneys for G&R Cedar Ltd. and G&R Cedar (2009) Ltd.



         The 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 this Court.


         (a) 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.

         (b) 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 Material or Information under seal.

         (c) 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.

         (d) The 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.

         (e) 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.


         2.1 Generally

         “Confidential” 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 contractual agreement;
(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 procurement; and
(g) other competitively sensitive data, the unprotected disclosure of which would enable the receiving party to obtain an undue competitive advantage over the disclosing party.

         2.2. “Attorneys' Eyes Only” Material or Information

         (a) The 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.

         (b) The 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.

         (c) As 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 receiving ...

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