United States District Court, W.D. Washington, Seattle
Stephen M. Raab, Gutride Safier LLP Marie A. McCrary, Esq.,
pro hac vice Gutride Safier LLP Attorneys for Plaintiffs.
Charles C. Sipos, Lauren Watts Staniar, Mica Klein, Perkins
Coie LLP David T. Biderman, pro hac vice Perkins Coie LLP
Attorneys for Defendants General Mills, Inc. and Small Planet
C. COUGHENOUR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the parties' stipulated
protective order (Dkt. No. 43). The Court ENTERS the
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 Local
Civil Rule 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” Information or Items.
material may include the following documents and tangible
things produced or otherwise exchanged: (1) Plaintiffs'
personal information (including, but not limited to, social
security numbers, credit card numbers, account numbers, and
health information); (2) drafts of advertisements; (3) drafts
of marketing material; (4) drafts of product packaging and/or
labels; (5) organizational charts, including, but not limited
to, information reflecting any relationship between General
Mills, Inc. and Small Planet Foods; (6) any agreements
between General Mills, Inc. and/or Small Planet Foods, Inc.
and any third-party; (7) communications between General
Mills, Inc. and/or Small Planet Foods, Inc., and any federal
or state regulatory agency regarding the Cascadian
Farm-branded products; (8) documents or communications
relating to the agricultural output of the Home Farm; and (9)
any information (regardless of how it is generated, stored,
or maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c).
“HIGHLY CONFIDENTIAL - ATTORNEYS' EYES
ONLY” Information or Items.
Confidential - Attorneys' Eyes Only” material may
include: (1) trade secrets; (2) pricing lists; (3) financial
information (including, but not limited to, documents or
communications regarding sales and/or profits); (4) lists of
retailers and/or wholesalers; (5) customer lists; (6)
consumer inquires and/or complaints; (7) personal information
of any General Mills, Inc. or Small Planet Foods, Inc.
employee or contractor (including, but not limited to, social
security numbers, credit card numbers, and account numbers);
(8) consumer research; (9) documents reflecting marketing
and/or sales strategy (including any internal memoranda
relating to any marketing or sales material or campaign); (9)
documents relating to the source of ingredients in Cascadian
Farm-branded products; (10) marketing research; (11) board
meetings or minutes of board meetings; (12) internal
documents or communications relating to any law or standard
that governs the labels of the Cascadian Farm-branded
products; (13) communications discussing or describing such
material; (14) and any other information the disclosure of
which to another party or non-party would create a
substantial risk of serious harm that could not be avoided by
less restrictive means.
discovery material that is designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -
ATTORNEYS' EYES ONLY.”
protections conferred by this agreement cover not only
Protected 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
Basic Principles. A receiving party may use
Protected Material that is disclosed or produced by another
party or by a non-party in connection with the case captioned
Reed, et al. v. General Mills, Inc., et al., No.
19-cv-00005 (W.D. Wash. 2019), only for prosecuting,
defending, or attempting to settle this litigation. Protected
Material may be disclosed only to the categories of persons
and under the conditions described in this agreement.
Protected 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 ...