Martinez v. INBD, Inc., dba Subway

Filing 10

STIPULATED PROTECTIVE ORDER. Signed by Senior Judge Lonny R. Suko. (LR, Case Administrator)

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Sara B. Amies
Jennifer Denise Diskin
Teller & Associates, PLLC
1139 34th Avenue, Suite B
Seattle, WA 98122
Phone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
AT YAKIMA

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ROSE MARTINEZ, an individual,

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vs.

Defendant.

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STIPULATED PROTECTIVE
ORDER

INBD, INC., a Washington
corporation, d/b/a Subway,

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NO. 1:15-CV-03020-LRS

Plaintiff,

STIPULATION
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.

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1.

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It is hereby stipulated between Plaintiff Rose Martinez and Defendant

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INBD, Inc. in the above-captioned action that the confidentiality provisions

Confidential Material

STIPULATED PROTECTIVE ORDER - 1

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

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described herein shall govern the following information, documents, and tangible

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things that will be produced or otherwise exchanged in this matter:

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1) All addresses, telephone numbers, salary information, and social security

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numbers of the Plaintiff and current and former employees and/or customers of

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the Defendant.

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2)

All information and documents which are provided in response to

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requests for production which seek documents contained in any individual's

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“personnel file.”

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3)

Medical records of any non-party or of Plaintiff.

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4)

Financial statements, proprietary documents, and tax records of

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Defendant.
5)

Financial and proprietary documents of Plaintiff not in the public domain

or subject to public disclosure;
6)

Investigation files into situations involving employees or former

employees of Defendant.
7)

Any documents produced by a party in this action which are, in good

faith, determined by the producing party to contain confidential or proprietary
information, including without limitation financial information, personnel and
payroll information, or other commercially sensitive or personally sensitive
information of a non-public nature, provided each is so marked, by stamping each
page of the document “Confidential.”
Good cause exists why this information should be held confidential. For
example, employees, and former employees of Defendant may feel that their
privacy has been invaded by production of identifying information or information

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from their personnel files, security files, police files or medical records, and might

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pursue an action against Defendant for such invasion absent this order. Financial
STIPULATED PROTECTIVE ORDER - 2

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

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records of the Defendant and Plaintiffs, and medical records of the Plaintiff or any

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non-party, whether or not any privilege applies or is waived, remain sensitive and

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confidential information, for which wider than necessary disclosure may be

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embarrassing, unfairly disadvantageous, and an invasion of privacy. Additional

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information which a party, in good faith, determines to be of a similar nature

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should also be held confidential. However, there should also be a mechanism for a
party to dispute the confidentiality designation of the other party.
2.

Scope

The 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. 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.
The parties therefore further stipulate and request the Court to enter an order,
as follows:

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3.

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Except as otherwise provided in this agreement, or as otherwise stipulated or

Manner and Timing of Designations

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ordered, disclosure or discovery material that qualifies for protection under this

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agreement must be clearly so designated before or when the material is disclosed

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or produced.

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1)

Information in documentary form (e.g., paper or electronic documents

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and deposition exhibits, but excluding transcripts of depositions or other pretrial or

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trial proceedings): the designating party must affix the word “CONFIDENTIAL”

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to each page that contains confidential material. If only a portion or portions of the
STIPULATED PROTECTIVE ORDER - 3

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

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material on a page qualifies for protection, the producing party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the

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margins).

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2)

Testimony given in deposition or in other pretrial or trial proceedings:

It shall be presumed that any confidential material that is referred to, or marked as
an exhibit, during any deposition shall remain confidential material. Any party or
non-party may, within fifteen days after receiving a deposition transcript, designate
portions of the transcript or exhibits thereto as confidential material.
3)

Other tangible items: the producing party must affix in a prominent

place on the exterior of the container or containers in which the information or
item is stored the word “CONFIDENTIAL.” If only a portion or portions of the
information or item warrant protection, the producing party, to the extent
practicable, shall identify the protected portion(s).
4)

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the designating party’s right to secure protection under this agreement for such

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material. Upon timely correction of a designation, the receiving party must make

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reasonable efforts to ensure that the material is treated in accordance with the

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provisions of this agreement.

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4.

Access To and Use of Confidential Material

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1)

Information and documents covered by this protective order shall not

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be used for any purpose except in connection with this litigation, and shall not be

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delivered, exhibited or disclosed to any person, other than the author of the

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document in question, except: a) Counsel and their clients involved in this
litigation; b) Employees of counsel assisting said counsel in the preparation and
trial of this matter; c) Experts or other witnesses with whom counsel consult in
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Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

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preparation for this litigation; d) the court, court personnel, and court reports and

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their staff; e) during their depositions, witnesses in the action to whom disclosure

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is reasonably necessary, f) the author or recipient of a document containing the

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information or a custodian, g) the videographer or court reporter recording a

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deposition in the litigation at which Confidential Materials are discussed and/or

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presented; h) any mediator or discovery referee in this litigation, and employees
and personnel of said mediator or discovery referee, and i) any other individuals
agreed to in writing by the designated party.
2)

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Before counsel shall deliver, exhibit or disclose any information

and/or document covered by this agreed protective order to any expert or other
witness as described in the foregoing paragraph, counsel shall require such person
to read a copy of this protective order and to sign a statement, in the form of
Attachment A hereto, indicating that the person has read and shall abide by this
order.
3)

Nothing in this protective order shall prevent the use of covered

material at time of trial; on motion, including summary judgment; or in any
discovery hearing or deposition.

Nothing in this protective order shall be

considered a wavier of any objection or response to objection regarding

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admissibility or use of covered material. If information and/or documents covered

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by the protective order are used in or in support of pleadings or briefs, the fact that

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the information or documents exist may be referred to, but the confidential

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information or documents themselves shall be redacted or filed under seal. Should

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either party fail to file confidential documents under seal, they may be removed

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from the public file and filed under seal upon the request of either party to the

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Clerk of the Court.

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STIPULATED PROTECTIVE ORDER - 5

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

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This Stipulation does not authorize a party to file documents under seal

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simply based on the fact that they were marked by one of the parties as

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“confidential.” The parties will seek an order from the Court to file documents

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under seal. Such a motion or stipulation and proposed order must provide a

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specific description of the particular documents or categories of documents sought

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to be protected and a “clear statement of the facts justifying a seal and overcoming
the strong presumption in favor of public access.”
5)

A party will not be obligated to challenge the propriety of a

designation of Protected Material at the time made, and a failure to do so shall not
preclude a subsequent challenge thereto. Any party may request in writing to the
party who designated the Protected Material as Confidential that the designation
be modified or withdrawn.

If the designating party does not agree to such

redesignation within ten (10) days of receipt of the written request, the requesting
party may apply to the Court for relief. The parties will attempt to resolve any
disagreement before applying to the Court. Upon any such application to the
Court for relief, the burden shall be on the designating party to show why its
confidentiality designation is proper. Agreement of the parties to this Stipulated
Protective Order shall not be construed as an agreement or admission by any party
that the designation of Protected Material by another party is in any way proper or
correct.
6)

The terms of this protective order may be modified by written

stipulation of the parties or later Order of the Court. Either party may apply to the
Court for modification or interpretation of this order by telephonic conference or
written motion.

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STIPULATED PROTECTIVE ORDER - 6

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

7)

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At the conclusion of this action or any appeals thereof, all

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confidential documents shall be returned or destroyed if requested by the

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propounding party in writing.
8)

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The parties view this stipulation as binding pending signature of the

Court.

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Jointly Presented by:
/s/Sara Amies_____________________________ Date: 9/8/15
Sara Amies, WSBA #36626
Attorney for Plaintiff

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/s/Brittany Stevens__________________________ Date: 9/8/15
Brittany Stevens, WSBA #44822
Attorney for Defendants

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ORDER

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IT IS SO ORDERED.
DATED this 9th day of September, 2015.

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s/Lonny R. Suko
___________________________________
LONNY R. SUKO
SENIOR U. S. DISTRICT COURT JUDGE

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STIPULATED PROTECTIVE ORDER - 7

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]

ATTACHMENT A

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STATE OF WASHINGTON

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)
COUNTY OF _____________ )

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_______________________________________, being first duly sworn on
oath, deposes and says:
1. I have read a copy of the Protective Order dated ___________________,
in the action entitled Martinez v. INBD, Inc., dba Subway, understand the same and
shall abide by it.
2. If a party, their attorneys, or other agent shall deliver, exhibit or disclose
to me any information or document which has been designated as confidential
under the terms of the Protective Order, I shall not use such information or
document for any purpose except in connection with the above-entitled action, and
I shall not deliver, exhibit, or disclose such information or document to, or discuss
the contents of such information or document with, any persons except with
parties to this action, their counsel of record and such employees and agents of
said counsel as are assisting counsel in the preparation or trial of the action.

___________________________________
Signature
date
___________________________________
printed name
SUBSCRIBED AND SWORN to before
me this ____ day of
__________________, 2015.

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________________________________
NOTARY PUBLIC in and for the State
of Washington, residing at
______________
My commission expires:
_____________

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STIPULATED PROTECTIVE ORDER - 8

Teller & Associates, PLLC
1139 34th Ave, Suite B
Seattle, WA 98122
[phone] Fax: [phone]