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BEL Lewis Ridge LLC v. Certainteed Corp.

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

September 12, 2019

BEL LEWIS RIDGE, LLC, Plaintiff,
v.
CERTAINTEED CORPORATION, Defendant.

          SCHLEMLEIN FICK & SCRUGGS PLLC Garth A. Schlemlein, WSBA #13637 Kevin S. MacDougall, WSBA #31280 Benjamin W. Lance, WSBA #52657 Attorneys for Plaintiff Bel Lewis Ridge, LLC

          SELMAN BREITMAN LLP Eileen I. McKillop, WSBA #21602 Attorneys for Defendant CertainTeed Corporation

          STIPULATED PROTECTIVE ORDER

          MARY ALICE THEILER, UNITED STATES MAGISTRATE JUDGE

         COME NOW Plaintiff Bel Lewis Ridge, LLC and Defendant CertainTeed Corporation (collectively, the "Parties"), by and through their counsel of record, and present the following Stipulated Protective Order:

         1. PURPOSES 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. 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. Further, nothing in this protective order is to be construed as a waiver of a parties' right to assert any objection to a discovery request and withhold any document on the basis of a valid objection.

         2. “CONFIDENTIAL” MATERIAL.

         2.1 “Confidential” material shall include documents and tangible things from among the following categories, or other information that a party genuinely maintains as private or confidential independent of this litigation:

a. Documents which constitute or describe CertainTeed's product designs, formulas and/or specifications;
b. Documents which constitute or describe CertainTeed's manufacturing processes or procedures;
c. Documents which constitute or describe CertainTeed's sales and financial data related to CertainTeed WeatherBoards Fiber Cement Siding;
d. Documents which constitute or describe CertainTeed's personnel records;
e. Documents which constitute or describe CertainTeed's merchandising and/or marketing plans or strategies;
f. Documents which contain information about any CertainTeed customer, including individual employees as well as entities;
g. Documents which constitute or describe CertainTeed's agreements, sales data, and customer lists;
h. Documents which constitute or describe CertainTeed's product distribution network;
i. Documents which constitute or describe CertainTeed's product distribution network;
j. Documents which contain personal identifying information of a person who has made a warranty claim related to a CertainTeed product;
k. Documents which constitute or describe CertainTeed's claims handling methods, processes, and/or policies;
l. Documents or things which belong to a third-party to this action that (i) a producing party has in its possession, custody, or control that have been designated as confidential pursuant to a protective order entered in other legal proceedings and (ii) the producing party has in its possession, custody, or control solely because of discovery or other disclosures in the other legal proceedings made pursuant to the protective order;
m. Documents which constitute or describe CertainTeed patents, patent applications, or trade secrets;
n. Documents which contain personal identifying information of an individual;
o. Documents or things which belong to a third-party to this action which contain proprietary or trade secrets, such as architectural drawings and specifications;
p. Documents which constitute or describe the financial data of Bel Lewis Ridge, LLC, Lewis Ridge Apartments, Clearfork Realty Corporation or Eaton Vance Management, including ...

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