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Tinybuild LLC v. Nival International Limited

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

November 7, 2019

TINYBUILD LLC, Plaintiff,
v.
NIVAL INTERNATIONAL LIMITED, Defendant.

          MODIFIED MODEL PROTECTIVE ORDER

          THOMAS S. ZILLY UNITED STATES DISTRICT JUDGE.

         1. PURPOSES AND LIMITATIONS

         Pursuant to the Minute Order entered November 7, 2019, docket no. 28, the Court enters this Protective Order, which tracks the district's model form, but adds a provision permitting the parties to designate materials as “Attorney's Eyes Only.” This Protective Order 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” or “Attorney's Eyes Only” information under seal.

         2. “CONFIDENTIAL” MATERIAL

         Documents and tangible things produced in discovery may be designated as “confidential” or “Attorney's Eyes Only, ” as appropriate.

         3. SCOPE

         The protections conferred by this Protective Order 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 Protective Order do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise.

         4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         4.1 Basic Principles.

         A receiving party may use confidential 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 material may be disclosed only to the categories of persons and under the conditions described in this Protective Order. Confidential 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 Protective Order.

         4.2 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 information for this litigation;
(b) the officers, directors, and employees (including in house counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation, unless the particular document or material produced is designated for “Attorney's Eyes Only”;
(c) experts and consultants to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement ...

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