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City of Issaquah v. Ora Talus 90, LLC

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

September 27, 2019

CITY OF ISSAQUAH, a municipal corporation, Plaintiff,
v.
ORA TALUS 90, LLC, a Delaware limited liability company; and RESMARK EQUITY PARTNERS, LLC, a Delaware limited liability company, Defendants. AND RELATED COUNTERCLAIMS, CROSSCLAIMS, AND THIRD-PARTY CLAIMS

          CAIRNCROSS & HEMPELMANN, P.S. Terence J. Scanlan, WSBA #19498, Patricia A. Laughman, WSBA # 46716, Attorneys for the City of Issaquah

          SAMINI COHEN SPANOS LLP, Cynthia M. Cohen, Admitted Pro Hac Attorneys for ORA Talus 90, LLC and Resmark Equity Partners, LLC

          FOSTER PEPPER PLLC, Jack P. Zahner, WSBA #24505 Tacy K. Hass, WSBA #49190 Attorneys for J.R. Hayes & Sons, Inc, Talus 7 & 8, LLC, and Talus Management Services LLC

          PREG O’DONNELL & GILLETT PLLC, John K. Butler, WSBA #28528 Stephanie Ballard, WSBA #49268 Attorneys for J.R. Hayes & Sons, Inc.

          WILLIAMS, KASTNER & GIBBS PLLC, Dean G. von Kallenbach, WSBA #12870 Theresa Rava, WSBA #53159 Attorneys for Element Residential Inc., Terra Talus, LLC and Joshua Freed

          FORSBERG & UMLAUF, P.S., A. Grant Lingg, WSBA #24227 Vicky L. Strada, WSBA #34559 Attorneys for Terra Associates, Inc.

          OLES MORRISON RINKER & BAKER LLP, Bradley L. Powell, WSBA #11158 Attorneys for Kulchin Foundation Drilling Company

          KEATING, BUCKLIN & MCCORMACH, INC., P.S., Michael C. Walter, WSBA #15044, Attorneys for the City of Issaquah

          HARRIGAN LEYH FARMER & THOMSEN LLP, Arthur W. Harrigan, Jr. WSBA #1751 Tyler L. Farmer, WSBA #39912 Kristin E. Ballinger, WSBA #28253 Attorneys for ORA Talus 90, LLC and Resmark Equity Partners, LLC

          STOEL RIVES LLP Patrick Mullaney, WSBA #21982 Attorneys for J.R. Hayes & Sons, Inc, Talus 7 & 8, LLC, and Talus Management Services LLC

          CLEMENT & DROTZ, PLLC, W. Scott Clement, WSBA #16243 Brent Hardy, WSBA #45405 Attorneys for Joshua Freed

          WILSON SMITH COCHRAN DICKERSON, Whitney L.C. Smith, WSBA #21159 Gabriella Wagner, WSBA #42898 Brian Buron, WSBA #27206 Attorneys Terra Talus, LLC

          FLOYD PFLUEGER & RINGER, P.S., Douglas K. Weigel, WSBA #27192 Amanda D. Daylong, WSBA #48013 Attorneys for Big Mountain Enterprises

          STIPULATED PROTECTIVE ORDER

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         The Parties, through their respective counsel, submit 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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” materials may include documents and tangible things that contain (1) non-public business information that is treated confidentially by the producing party in the ordinary course of business and whose disclosure may cause the producing party to be commercially disadvantaged or prejudiced or (2) private/personally identifiable information protected by federal, state, or local law, including a person’s date of birth, Social Security Number, home address, home phone number, medical information, or other sensitive personal data. Some examples of documents and things that contain such information are: financial plans, financial statements and related documents (including but not limited to balance sheets, cash receipts and disbursements, budgets and budget reconciliations, and income statements), pricing information, sales information, documentation used to create bids, profit and loss information, costs information, tax information, bank records, investor information and communications with investors, member information and communications with members, technical practices, technical methods, technical plans and designs, trade secrets and other sensitive trade and pricing information, minutes of confidential meetings, communications with insurers, employment reviews, personnel records, and medical records.

         3. SCOPE

         The protections conferred by this agreement cover not only confidential material (as specified 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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