Chase v. Delta Management Associates Inc
Filing
54
STIPULATED PROTECTIVE ORDER granting 53 Motion for Protective Order Signed by Magistrate Judge James P. Hutton. (VR, Courtroom Deputy)
Hon. Lonny R. Suko
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
AT SPOKANE
RICHARD CHASE,
Case No. 2:13-CV-00148-LRS
Plaintiff,
v.
STIPULATED PROTECTIVE ORDER
DELTA MANAGEMENT ASSOCIATES,
INC., a Massachusetts Corporation.
Defendant.
The parties stipulate that the following Protective Order shall apply to all
discovery in this case as set forth below.
Pursuant to Fed. R. Civ. P. 26(c) and 29(b), it is hereby ORDERED that the
following provisions shall apply:
AGREEMENT
1.
This order shall govern the use, handling and disclosure of all documents,
testimony or information produced or given in this action, designated to be subject to
this order.
2.
Any party producing or filing documents or other materials in this action
may designate such documents and material (or the information contained therein) as
subject to this order, by typing or stamping “CONFIDENTIAL” on the front of the
document or on the portion(s) of the document for which confidential treatment is
Page 1 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
desired, if the party has a reasonable and good faith belief that the document or
material contains (a) trade secret , (b) confidential research, development or
commercial information, (c) private financial information, or (d) private employment
information protected by law. In any dispute over the designation of documents or
material as “CONFIDENTIAL,” the designating party shall have the burden of proving
that the documents or material fall within one of those categories.
3.
If the non-designating party provides the designating party with written
objection to the designation of documents or material as “CONFIDENTIAL,” the
designating party shall schedule a conferral conference to try to resolve the objection. If
the objections cannot be resolved at the conferral conference, the designating party
shall file a motion with the court within 14 days after the conferral conference, or the
material will not be subject to this order. If a motion is timely filed by the designating
party, the material will be subject to this order pending a ruling by the court.
4.
All documents or other material subject to this order shall not be used,
directly or indirectly, by any person other than the producing party, for any business,
commercial or competitive purposes, or for any purpose whatsoever other than solely
for the preparation and trial of this action, and only in the manner described in this
order.
5.
Except with the prior written consent of the designating party or pursuant
to court order, any document or material given confidential treatment under this order,
and any information contained in or derived from any such materials, shall not be
disclosed other than in the manner described in this order. Additionally, such
documents and material shall not be disclosed to any person other than:
a.
Parties to this litigation;
b.
Counsel for the respective parties to this litigation, and clerks,
paralegals, secretaries or other employees of counsel;
c.
Witnesses expected to be deposed, or expected to testify in court
Page 2 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
or by affidavit or declaration, in this litigation;
d.
Experts specially retained as consultants or expert witnesses in
connection with this litigation.
6.
Documents or material produced pursuant to this order shall not be made
available to any person designated in paragraphs 5(c) and (d) above, unless that
person first reads this order and agrees in writing, using the form attached, to be bound
by the terms of this order.
7.
The parties and their attorneys shall take all necessary and appropriate
steps to preserve the confidentiality of, and to protect the rights of the party asserting
confidential treatment, of any documents or material treated as confidential pursuant to
the terms of this order.
8.
If confidential documents or material is disclosed to any person other than
in a manner authorized by this order, the party responsible for the disclosure must
immediately upon learning of the disclosure (a) bring all pertinent facts relating to such
disclosure to the attention of the party asserting confidential treatment, and (b) make
every effort to prevent further disclosure (either by the responsible party or by the
person who received the confidential documents or material).
9.
Nothing in this order prohibits the use in this litigation of any information
designated as “CONFIDENTIAL,” as long as such use complies with and is consistent
with the provisions of this order.
10.
No party or attorney shall file any confidential documents or material in the
court record without first (a) notifying the other party’s counsel of its intention and need
to file such documents or material; and (b) allowing the other party’s counsel at least 5
business days from the date of such notice to seek a court order requiring the subject
documents or material to be filed under seal and/or to be reviewed by the court in
camera if requested. Until the court rules on the request for such an order, the
documents and/or material at issue shall be withheld from filing.
Page 3 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
11.
Depositions are presumed to be confidential under the terms of this order,
for a period of 30 days after receipt of the deposition transcript. Thereafter, only the
sections of the deposition transcript designated as “CONFIDENTIAL” shall remain as
such.
12.
The court may, for good cause, modify this order or grant any party relief
from the order.
13.
This order shall survive the final termination of this lawsuit. Upon
termination of the lawsuit, each party shall assemble and return to the other party all of
the other party’s documents and material designated as “CONFIDENTIAL” under this
order. In the alternative, upon the request of the producing party, each party shall
destroy all of the other party’s documents and material designated as
“CONFIDENTIAL,” and provide a signed sworn declaration certifying the destruction of
those documents and material.
14.
The court shall retain jurisdiction to resolve any dispute concerning the
use of the documents and material (including the information contained therein)
disclosed under this Stipulated Protective Order. The court may grant sanctions for
improper use of those documents or material, and may impose such sanctions on its
own motion or on the motion of a party to this action.
AGREED TO and STIPULATED to by the parties:
Dated: September 25, 2014
Dated: September 25, 2014
ROBERT MITCHELL
ATTORNEY AT LAW , PLLC
COSGRAVE VERGEER KESTER LLP
/s/ Robert Mitchell_______ ______
Robert Mitchell, WSBA No. 37444
Attorneys for Plaintiff
/s/ Robert E. Sabido
_________
Robert E. Sabido, WSBA No. 29170
Attorneys for Defendant
Page 4 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
ORDER
IT IS SO ORDERED this 29th day of September, 2014.
s/James P. Hutton for
United States Magistrate Judge
Lonny R. Suko
United States District Court Judge
Page 5 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
ACKNOWLEDGMENT
I,
, hereby acknowledge that I have read the Stipulated
Protective Order entered in Richard Chase v. Delta Management Associates, Inc.,
United State District Court, Eastern District of Washington, at Spokane, case no. 13-cv00148-LRS; that I understand its contents; and that I agree to be fully bound by the
terms of the Order.
By:
DATE
Page 6 – STIPULATED PROTECTIVE ORDER
Cosgrave Vergeer Kester LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, Oregon 97204
Telephone: (503) 323-9000 Facsimile: (503) 323-9019
stip protective order
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