Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

B.F. v. Amazon.Com Inc.

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

November 5, 2019

B.F. and A.A., minors, by and through their guardian Joey Fields, et al. Plaintiffs,
v.
AMAZON.COM, INC., a Delaware corporation, and A2Z DEVELOPMENT CENTER, INC., a Delaware corporation, Defendants.

          QUINN EMANUEL URQUHART & SULLIVAN, LLP Lauren M. Hudson Andrew H. Schapiro Stephen Swedlow QUINN EMANUEL URQUHART & SULLIVAN, LLP Ashley C. Keller Travis D. Lenkner J. Dominick Larry KELLER LENKNER LLC Warren D. Postman KELLER LENKNER LLC Attorneys for Plaintiffs and the Putative Classes

          FENWICK & WEST LLP Jeffrey A. Ware, Laurence F. Pulgram Tyler G. Newby Molly R. Melcher Armen N. Nercessian Avery L. Brown Mary M. Griffin FENWICK & WEST LLP Attorneys for Defendants AMAZON.COM, INC. and A2Z DEVELOPMENT CENTER, INC.

          RICHARD A. JONES HONORABLE JUDGE

          STIPULATED PROTECTIVE ORDER

          MICHELLE L. PETERSON United States Magistrate Judge

         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 or highly confidential treatment under the applicable legal principles, and it does not presumptively entitle parties to file confidential or highly confidential information under seal.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” material shall include documents and tangible things that contain 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. Some examples of “Confidential” materials are: trade secrets, technical information; technical practices; technical methods; know-how; product research; product design; product formulas; product testing; product development; product manufacturing; minutes of confidential board meetings; minutes of confidential officer meetings; minutes of confidential employee meetings; non-public pricing; finances; taxes; sales; profits; costs; licensing agreements; licensing negotiations; customers; customer lists; market projections; market forecasts; strategy plans; marketing strategies; Amazon account holders' personally identifiable information, including but not limited to email addresses, phone numbers and payment account information; and any personally identifiable information relating to minors.

         3. “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” MATERIAL

         “Highly Confidential - Attorneys' Eyes Only” material is extremely sensitive “Confidential Material, ” 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.

         4. “HIGHLY CONFIDENTIAL - SOURCE CODE” MATERIAL

         “Highly Confidential - Source Code” material is extremely sensitive “Confidential Material” representing computer code and associated comments and revision histories, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, 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.

         (a) To the extent production of source code becomes necessary in this case, a producing party may designate source code as “HIGHLY CONFIDENTIAL - SOURCE CODE” if it comprises or includes confidential, proprietary or trade secret source code.

         (b) Any source code produced in discovery shall be made available for inspection, in a format allowing it to be reasonably reviewed and searched, during normal business hours or at other mutually agreeable times, at an office of the designating party's counsel or another mutually agreed upon location. The source code shall be made available for inspection on a secured computer in a secured room without Internet access or network access to other computers, and the receiving party shall not copy, remove, or otherwise transfer any portion of the source code onto any recordable media or recordable device. The designating party may visually monitor the activities of the receiving party's representatives during any source code review, but only to ensure that there is no unauthorized recording, copying, or transmission of the source code. The Producing Party shall provide a backup secured computer within five business days of receiving notice that the primary secured computer failed or otherwise suffers technical problems impeding the inspection. The Receiving Party may request that software tools for viewing and searching source code be installed on the secured computer. The Receiving Party must provide the Producing Party with a CD, DVD, or other acceptable drive containing the agreed upon software tool(s) at least five business days in advance of the inspection. The tools may not allow the source code to be compiled. The Receiving Party's counsel or experts shall be entitled to take notes relating to the source code but may not copy any portion of the source code into the notes.

         (c) The receiving party may request paper copies of limited portions of source code that are reasonably necessary for the preparation of court filings, pleadings, expert reports, or other papers, or for deposition or trial, but shall not request paper copies for the purposes of reviewing the source code other than electronically as set forth in paragraph (b) in the first instance. The designating party shall provide all such source code in paper form including bates numbers and the label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The designating party may challenge the amount of source code requested in hard copy form pursuant to the dispute resolution procedure and timeframes set forth in Paragraph 8 whereby the producing party is the “Challenging Party” and the receiving party is the “Designating Party” for purposes of dispute resolution.

         (d) The receiving party shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form. The receiving party shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The receiving party shall not create any electronic or other images of the paper copies and shall not convert any of the information contained in the paper copies into any electronic format. The receiving party shall only make additional paper copies if such additional copies are (1) necessary to prepare court filings, pleadings, or other papers (including a testifying expert's expert report), (2) necessary for deposition, or (3) otherwise necessary for the preparation of its case. Any paper copies used during a deposition shall be retrieved by the designating party at the end of each day and must not be given to or left with a court reporter or any other unauthorized individual.

         5. SCOPE

         The protections conferred by this agreement cover not only confidential, highly confidential-attorneys' eyes only, and highly confidential-source code material (as defined above), but also (1) any information copied or extracted from confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code material; (2) all copies, excerpts, summaries, or compilations of confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code material.

         However, 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.

         6. ACCESS TO AND USE OF CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY AND HIGHLY CONFIDENTIAL-SOURCE CODE MATERIAL

         6.1 Basic Principles. A receiving party may use confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code material that is disclosed or produced by another party or by a non-party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code material may be disclosed only to the categories of persons and under the conditions described in this agreement. Confidential, highly confidential-attorneys' eyes only, and/or highly confidential-source code 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.

         6.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the designating party, a receiving ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.