United States District Court, W.D. Washington, Tacoma
Chalmers Johnson Attorneys for Plaintiff.
B. Hucker Attorneys for Defendant.
HONORABLE ROBERT J. BRYAN JUDGE.
STIPULATED PROTECTIVE ORDER
ALICE THEILER UNITED STATES MAGISTRATE JUDGE.
PURPOSES AND LIMITATIONS
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.
material shall include the following documents and tangible
things produced or otherwise exchanged:
a. Personnel, payroll, and/or human resources files, records,
and/or information concerning current and/or former employees
of Defendant other than Plaintiff; b. Protected Health
Information of non-parties. For purposes of this Order,
“Protected Health Information” shall have the
same scope and definition set forth in 45 C.F.R. §
160.103 and 45 C.F.R. § 164.501, and expressly includes
PHI concerning psychological and mental health records,
disability status records, substance abuse and treatment
history, and HIV status, as well as records concerning other
sexually transmitted diseases, if so requested.
c. Confidential and/or proprietary information or trade
secrets related to the business and operation of Defendant,
including policies, practices or procedures.
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.
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
Basic Principles. A receiving party may use
material, confidential or otherwise, 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 agreement. 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 agreement.
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 ...