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Olberg v. Allstate Insurance Co.

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

November 12, 2019

JEFF OLBERG, an individual et al., Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY, an Illinois corporation et al., Defendants.

          Steve W. Berman, Robert B. Carey, John M. DeStefano HAGENS BERMAN SOBOL SHAPIRO LLP Marc A. Goldich AXLER GOLDICH LLC David Woloshin Dina S. Ronsayro ASTOR WEISS KAPLAN & MANDEL LLP Attorneys for Plaintiffs

          Attorneys for Plaintiffs LATHAM & WATKINS LLP Kathleen M. O'Sullivan, PERKINS COIE LLP Kathleen P. Lally Attorneys for Defendant CCC

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         Pursuant to the parties' stipulated motion for a protective order between Plaintiffs and Defendant CCC Information Services, Inc. (Dkt. No. 81), the Court hereby ORDERS as follows:

         1. PURPOSES AND LIMITATIONS

         Discovery in the above-captioned action (the “Action”) is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, Plaintiffs Jeff Olberg, Cecilia Palao-Vargas, Michael Clothier, Jacob Thompson, and Defendant CCC Information Services, Inc. (collectively, 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 Western District of Washington Local Civil Rule 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 the Parties to file such information and items under seal.

         The Parties held numerous conferrals over the course of several months including on August 22, 2019, October 2, 2019 and October 29, 2019 with such conferences having been attended generally by John DeStefano, Tory Beardsley, Jason Burt and Steven Pacini.

         2. “PROTECTED” MATERIAL

         “Protected” material shall include all documents, electronically stored information, and tangible things (collectively, “Material”) properly designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY, ” as those terms are defined in the subsections below, that is produced or otherwise exchanged in the Action:

         2.1. CONFIDENTIAL Material. Material may be designated as “Confidential” if the producing party reasonably believes such Material is not in the public domain and contains any trade secret or other confidential, strategic, research, development, or commercially sensitive information. This term includes, but is not limited to, for example, the following Material produced or otherwise exchanged:

         2.2. non-public financial records;

         2.3. non-public revenue and profit records;

         2.4. non-public Material relating to future products and/or services not yet commercially released;

         2.5. non-public Material relating to business, marketing, and/or product strategy;

         2.6. non-public Material relating to commercial or settlement agreements;

         2.7. non-public Material relating to market and/or competitive analyses;

         2.8. non-public Material relating to any governmental or regulatory inquiry; and

         2.9. the material of any third party which, if it were discovery material, would qualify for treatment as CONFIDENTIAL Material under this order.

         2.10. HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY Material. Material may be designated as “HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY” if the producing party reasonably believes such Material:

(a) is subject to federal, state, local, or foreign data protection laws or regulations, or other privacy obligations; or
(b) reflects CONFIDENTIAL Material (as defined above), but which also reflects: (i) non-public Material relating to product design and testing; (ii) non-public Material relating to trade secrets; or (iii) non-public Material relating to other types of proprietary or highly confidential business, financial, regulatory, or strategic information (e.g., business plans, technical data, non-public designs), the disclosure of which would create a substantial risk of competitive or business injury to the designating Party or third parties associated therewith.

         3. SCOPE

         The protections conferred by this agreement cover not only Protected Material (as defined above), but also:

(a) any information copied or extracted from Protected Material;
(b) all copies, excerpts, summaries, or compilations of Protected Material; and any testimony, conversations, or presentations by the Parties or their counsel that might reveal Protected Material.

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

         4. ACCESS TO AND USE OF PROTECTED MATERIAL

         4.1. Basic Principles. A receiving party may use Protected 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 the Action. Protected Material may be disclosed only to the categories of persons and under the conditions described in this agreement. Protected 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.

         4.2. Disclosure of “CONFIDENTIAL” Material. Unless otherwise ordered by the Court or permitted in writing by the designating party, a receiving arty may disclose Protected Material designated as CONFIDENTIAL only to:

(a) the receiving party's attorneys of record who have entered an appearance for a party in the Action and, if the attorney of record is a member of a law firm, the attorneys, paralegals, and staff of the law firm to whom it is reasonably necessary to disclose the Protected Material designated CONFIDENTIAL for the Action (collectively, “Counsel”);
(b) the officers, directors, and employees (including in-house counsel) of the receiving Party to whom disclosure is reasonably necessary for the Action;
(c) independent Experts or Consultants (defined infra in Part 7.1), whether testifying or non-testifying, who have been retained by a party or by Counsel for a party to assist with the technical, financial or other aspects of the Action, and staff employed by such Experts or Consultants, but only after the Expert or Consultant ...

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