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Corker v. Costco Wholesale Corp.

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

September 18, 2019

BRUCE CORKER d/b/a RANCHO ALOHA; COLEHOUR BONDERA and MELANIE BONDERA, husband and wife d/b/a KANALANI OHANA FARM; and ROBERT SMITH and CECELIA SMITH, husband and wife d/b/a SMITHFARMS, on behalf of themselves and others similarly situated, Plaintiffs,
COSTCO WHOLESALE CORPORATION, a Washington corporation; AMAZON.COM, INC., a Delaware corporation; HAWAIIAN ISLES KONA COFFEE, LTD., LLC, a Hawaiian limited liability company; COST PLUS/WORLD MARKET, a subsidiary of BED BATH & BEYOND, a New York corporation; BCC ASSETS, LLC d/b/a BOYER’S COFFEE COMPANY, INC., a Colorado corporation; L&K COFFEE CO. LLC, a Michigan limited liability company; MULVADI CORPORATION, a Hawaii corporation; COPPER MOON COFFEE, LLC, an Indiana limited liability company; GOLD COFFEE ROASTERS, INC., a Delaware corporation; CAMERON’S COFFEE AND DISTRIBUTION COMPANY, a Minnesota corporation; PACIFIC COFFEE, INC., a Hawaii corporation; THE KROGER CO., an Ohio corporation; WALMART INC., a Delaware corporation; BED BATH & BEYOND INC., a New York corporation; ALBERTSONS COMPANIES INC., a Delaware corporation; SAFEWAY INC., a Delaware corporation; MNS LTD., a Hawaii corporation; THE TJX COMPANIES d/b/a T.J. MAXX, a Delaware corporation; MARSHALLS OF MA, INC. d/b/a MARSHALLS, a Massachusetts corporation; SPROUTS FARMERS MARKET, INC., a Delaware corporation, Defendants.

          DAVIS WRIGHT TREMAINE LLP Attorneys for Defendants Cameron’s Coffee and Distribution Company; Gold Coffee Roasters, Inc.; The Kroger Co.; Albertson’s Companies Inc.; Safeway Inc.; Walmart, Inc.; The TJX Companies d/b/a T.J. Maxx; Marshalls of MA, Inc. d/b/a Marshalls; Amazon.Com, Inc.; Copper Moon Coffee LLC; and Bed Bath & Beyond Inc. Jaime Drozd Allen, WSBA #35742 Stephen M. Rummage, WSBA #11168 Ambika Doran, WSBA #38237 Jacob M. Harper (pro hac vice) Benjamin J. Robbins, WSBA #53376

          KARR TUTTLE CAMPBELL Paul Richard Brown, WSBA #19357 Nathan T. Paine, WSBA #34487 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Jason L. Lichtman Daniel E. Seltz Attorneys for Plaintiffs and the Proposed Class

          ARNOLD & PORTER KAYE SCHOLER LLP Attorneys for Defendant Bed Bath & Beyond Inc. and Copper Moon Coffee LLC Trenton H. Norris (pro hac vice), Tommy Huynh (pro hac vice)

          HILLIS CLARK MARTIN & PETERSON P.S. Attorneys for Defendant Cost Plus, Inc. Eric D. Lansverk, WSBA #17218

          BRYAN CAVE LEIGHTON PAISNER LLP Attorneys for Defendant Cost Plus, Inc. Marcy J. Bergman (CA Bar No. 75826, pro hac vice application approved) Merrit M. Jones (CA Bar No. 209033, pro hac vice application approved)

          SAVITT BRUCE & WILLEY LLP Attorneys for Defendants Costco Wholesale Corporation and L&K Coffee Co. LLC Stephen C. Willey, WSBA #24499 Duffy Graham, WSBA #33103 Brandi B. Balanda, WSBA #48836

          CADES SCHUTTE LLP Attorneys for Defendant MNS Ltd. Kelly G. LaPorte, pro hac vice Nathaniel Dang, pro hac vice

          BULLIVANT HOUSER BAILEY, PC Attorneys for Defendant MNS Ltd. Daniel R. Bentson, WSBA #36825 Owen R. Mooney, WSBA #45779

          DORSEY & WHITNEY LLP Attorneys for Defendant Sprouts Farmers Market, Inc. J. Michael Keyes, WSBA #29215 Erin C. Kolter, WSBA #53365 Brian J. Janura, WSBA #50213

          LANE POWELL PC Attorneys for Defendant Hawaiian Isles Kona Coffee Company, Ltd. Erin M. Wilson, WSBA No. 42454 Tiffany Scott Connors, WSBA No. 41740 Jessica Walder, WSBA No. 47676

          BUCHALTER A Professional Corporation Attorneys for Defendant Mulvadi Corporation Bradley P. Thoreson, WSBA #18190

          WILSON SMITH COCHRAN DICKERSON Attorneys for Defendant Pacific Coffee, Inc. Alfred E. Donohue, WSBA #32774 Maria E. Sotirhos, WSBA #21726

          LEE SMART, P.S., INC. Attorneys for Defendant BCC Marc Rosenberg, WSBA # 31034




         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.

         This stipulation is not an agreement that any particular document or category of documents is discoverable, but is intended to protect only those documents that are produced and which are entitled to protection.


         “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged: (1) sensitive and/or non-public contractual terms with customers, vendors, advertising platforms, and other parties; (2) sensitive pricing, financial, and/or profit information; (3) sensitive information regarding suppliers and supplier lists; (4) sensitive information regarding customers, customer lists, customer usage, and customer technical requirements; (5) sensitive product development information and information relating to new products; (6) sensitive development processes, designs, drawings, engineering, and hardware and software configuration information; (7) sensitive marketing plans, business plans, forecasts, and business strategies; (8) sensitive communications and information relating to products and services, including, but not limited to, advertising data, which in the hands of competitors would be valuable; (9) customer feedback regarding products that have not been publicly disclosed; (10) protected personal information (including contact information) and other information subject to privacy laws; (11) sensitive internal financial reporting; and (12) other non-public business information that is treated confidentially by the producing party in the ordinary course of business, the disclosure of which may cause the producing party to be commercially disadvantaged or prejudiced.

         “Highly Confidential” material means any Confidential material which the producing party reasonably believes to be so competitively sensitive that it is entitled to additional protection via an “Attorneys’ Eyes Only” or “Outside Counsel Only” designation.

         Confidential and/or Highly Confidential material may further be designated as for “Plaintiffs’ Outside Counsel Only” if it is information that a defendant deems inappropriate to be shared with another defendant for competitive or proprietary business reasons. This level of protection is necessary because the Parties acknowledge that many of the Defendants are competitors with one another and the disclosure of this type of information would be highly prejudicial to their businesses, and is correspondingly unnecessary for the others to see. These designations bear the same protections as the Highly Confidential designations, with the additional protection that the document may not be disclosed to anyone other than Plaintiffs’ outside counsel.

         3. SCOPE

         The 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.

         However, the protections conferred by this agreement do not cover information that is in the public domain or becomes part of ...

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