Blangeres et al v. United States Seamless Inc et al

Filing 50

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

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GREGORY J. ARPIN
DAVID L. BROOM
PAINE HAMBLEN LLP
717 W. Sprague Avenue, Suite 1200
Spokane, WA 99201-3505
[phone]

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Attorneys for Defendant,
United States Seamless, Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ROBERT and DANELLE
BLANGERES, individually and on
behalf of others similarly situated,

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Plaintiffs,

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vs.

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UNITED STATES SEAMLESS, INC.,
and KAYCAN LIMITED,

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Defendants.
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) No. CV-13-260-LRS
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) PROTECTIVE ORDER
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This Protective Order (hereinafter "Order") is entered pursuant to Fed R.

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Civ. Proc. 26(c). The parties have stipulated and agreed, and the Court recognizes,

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that the parties and non-party witnesses to this action may possess private, trade

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secret, and/or proprietary information, which is confidential or of competitive

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commercial value and may be subject to discovery in this action, but which should

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not be made available to competitors or to the public generally.

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Accordingly, IT IS HEREBY ORDERED as follows:

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A.

CONFIDENTIAL Documents Defined.

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PROTECTIVE ORDER - 1

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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1.

Documents or information produced or disclosed within any

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proceeding, formal or informal, including but not limited to, written discovery,

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depositions, affidavits, document production and expert disclosures, by any of the

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parties to this action or by any non-party witness, which a party or witness

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designates as CONFIDENTIAL. For purposes of this Protective Order,

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CONFIDENTIAL information includes, but is not limited to, documents that

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contain trade secrets, proprietary or commercially sensitive information, employee

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records and personnel files, and any other information subject to privacy rights. If

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discoverable,

employee

records

and

personnel

files

may

be

marked

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CONFIDENTIAL. By agreeing to this Order and defining CONFIDENTIAL

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information the parties are not agreeing or stipulating that any specific documents

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are discoverable, and reserve all rights and objections.

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2.

Not all documents are CONFIDENTIAL; however, a producing party

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reserves the right to evaluate such documents and to designate such documents or

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portions thereof should they contain CONFIDENTIAL or ATTORNEYS’ EYES

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ONLY information within. Each party or non-party that designates information or

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items for protection under this agreement must make good faith efforts to limit any

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such designation to specific material that qualifies under the appropriate standards.

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A designating party must make good faith efforts to designate for protection only

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those parts of material, documents, items, or oral or written communications that

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qualify - so that other portions of the material, documents, items, or

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communications for which confidential protection is not warranted are not

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PROTECTIVE ORDER - 2

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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designated as CONFIDENTIAL. If it comes to a party’s or a non-party’s attention

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that information or items designated as CONFIDENTIAL do not qualify for such

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protection, and the designating party agrees that the information or items should

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not be designated as CONFIDENTIAL, that party or non-party must promptly

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notify all other parties that it is withdrawing the mistaken designation.

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3.

CONFIDENTIAL information shall be revealed only to: (a) the

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Court, the Court's staff and any Court-appointed mediators, arbitrators or expert

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witnesses; (b) the parties and their officers, employees, and agents who are

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providing assistance to counsel in this action (including in-house counsel

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participating in the defense of this action), and any persons joined as parties in the

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future; (c) the parties' attorneys of record and those attorneys' associates,

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assistants, employees, and vendors; (d) consultants, technical experts, expert

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witnesses, potential fact witnesses, and agents involved in the preparation of this

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action who have signed the "Agreement to be Bound by Protective Order"

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attached hereto as Exhibit A; (e) insurers or representatives of the parties who

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have signed the "Agreement to be Bound by Protective Order" attached hereto as

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Exhibit A; and (f) court reporters, their transcribers, assistants, and employees.

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Documents which a Party or its legal counsel has caused or permitted to enter the

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public domain through means other than litigation shall not be deemed

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confidential.

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B.

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The Parties may also designate certain confidential documents or

ATTORNEYS’ EYES ONLY Documents Defined.

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PROTECTIVE ORDER - 3

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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information as ATTORNEYS’ EYES ONLY. Information and documents

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identified as ATTORNEYS’ EYES ONLY may be disclosed only to the parties’

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attorneys of record in this matter, and shall not be reproduced by any means.

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After review, if the attorneys for the party receiving such documents or

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information identified as ATTORNEYS’ EYES ONLY believe that such

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documents or information must be reviewed by an individual representative of

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their client, an expert, or other person, that party’s attorneys shall make a request

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in writing specifically identifying the individuals to whom they intend to disclose

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the documents or information and stating the basis for such disclosure. If the

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designating party refuses to permit disclosure, the designating party may file and

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serve a motion to retain confidentiality. The burden of persuasion in any such

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motion shall be on the designating party. Frivolous challenges, and those made for

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an improper purpose (e.g., to harass or impose unnecessary expenses and burdens

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on other parties) may expose the challenging party to sanctions. All parties shall

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continue to maintain the material in question as CONFIDENTIAL and for

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ATTORNEYS EYES ONLY until the court rules on the challenge.

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C.

Use of CONFIDENTIAL and ATTORNEYS’ EYES ONLY

Documents.
1.

The parties, counsel for the parties, and all other persons to whom

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CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents or information is

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disclosed in accordance with this Protective Order shall use all such documents or

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information solely for the purposes of case preparation and trial in this litigation.

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PROTECTIVE ORDER - 4

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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2.

Before disclosing CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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documents or information in accordance with this Protective Order to any person

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or entity other than the Court, court reporters, and their respective staff or a party,

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its officers, employees, or agents who are providing assistance to counsel in this

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civil action, or attorneys for a party and their paralegals or clerical staffs, counsel

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for the party seeking to disclose such information shall obtain that person’s

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signature to the “Agreement to be Bound by Protective Order,” attached hereto as

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Exhibit A. Such person shall sign and date a copy of the “Agreement to be Bound

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by Protective Order,” evidencing his or her agreement to be bound thereby. Such

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counsel shall maintain all signed copies of the “Agreement to be Bound by

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Protective Order” until the conclusion of this case, as defined below, and shall be

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required to provide a copy of any signed “Agreement to be Bound by Protective

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Order” to the producing party upon request.

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3.

Before filing CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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documents or information or discussing or referencing such material in court

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filings, the filing party shall first confer with the designating party to determine

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whether the designating party will remove the confidential designation, whether

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the document can be redacted, or whether a motion to seal or stipulation and

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proposed order is warranted. If it is determined by the parties that material

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designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY should be filed

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under seal, then the filing party shall use the procedures set forth in Local

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Rule5(g) in the Western District of Washington U.S. District Court's Local Rules

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PROTECTIVE ORDER - 5

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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governing the electronic filing of sealed documents. If any party or person fails to

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file protected documents or information as set forth above, the producing party or

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any party claiming confidentiality for the documents or information may move the

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Court to place the filing under seal.

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4.

Depositions or portions thereof may be designated CONFIDENTIAL

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or ATTORNEYS’ EYES ONLY by informing the court reporter (and

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videographer, if applicable) at the time of the deposition and/or within no later

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than fifteen (15) days after the transcript has been provided to counsel. The court

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reporter (and/or videographer) shall indicate that such designation was made and

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shall stamp or mark the face of the transcript (and/or videotape) accordingly. All

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depositions,

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CONFIDENTIAL or ATTORNEYS’ EYES ONLY information shall be deemed

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Confidential as designated until fifteen (15) days after receipt of the final

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transcript from the court reporter by the producing party. If a deponent refuses to

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agree to sign the “Agreement to be Bound by Protective Order” attached hereto as

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Exhibit A, disclosure of CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY

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information during the deposition shall not constitute a waiver of confidentiality.

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5.

deposition

testimony

and

deposition

exhibits

containing

In the event that any entity, person or party bound by this Protective

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Order having possession, custody or control of any CONFIDENTIAL and/or

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ATTORNEYS’ EYES ONLY information receives a subpoena, other process or

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court order to produce such CONFIDENTIAL and/or ATTORNEYS’ EYES

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ONLY information in any case, proceeding or forum, such entity, person or party

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PROTECTIVE ORDER - 6

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

1

shall notify the attorneys of the producing party and furnish such attorneys with a

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copy of said subpoena, other process or order as soon as reasonably practicable

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within the time period for compliance with such subpoena, process or court order.

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The producing party shall then have the burden of opposing such subpoena,

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process or order and obtaining relief from compliance within the time period for

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compliance with the subpoena, process or order if it wishes to prevent disclosure

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of the CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY information. The

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CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY information will be

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maintained and not disclosed until after any final determination by a court of

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competent jurisdiction, including appeals, on any motion to quash or for protective

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order that is filed.

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6.

In the event that counsel disagree with the propriety of the

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designation of any item or items as being CONFIDENTIAL or ATTORNEYS’

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EYES ONLY, the objecting party’s counsel shall so advise opposing counsel by

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specifying the item or items in question. In the event that an agreement cannot be

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reached between counsel concerning the propriety of the designation, the objecting

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party shall file a motion with the Court challenging the propriety of the

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designation under applicable Court rules or statutes and case law. Any such item

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or items shall continue to be treated as CONFIDENTIAL or ATTORNEYS’

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EYES ONLY, and subject to this Protective Order and any other related Order,

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until such time as the motion has been ruled upon. In connection with such a

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motion, the Court, in its discretion, may award costs and reasonable attorneys’

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PROTECTIVE ORDER - 7

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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fees against any party that it finds acted unreasonably in designating a document

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or information as CONFIDENTIAL or ATTORNEYS’ EYES ONLY.

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7.

At the conclusion of this case (which shall be upon entry of a final

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judgment in the last of any proceeding under the case number regardless of

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whether an appeal is taken by any party), all CONFIDENTIAL or ATTORNEYS’

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EYES ONLY information produced by any party and designated as subject to this

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Order, including all copies, extracts and summaries thereof, shall be returned upon

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request to the producing party within one hundred twenty (120) days after such

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request is made. One copy of the returned documents shall be maintained by the

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producing party. Attorney work product containing CONFIDENTIAL or

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ATTORNEYS’ EYES ONLY information may be destroyed instead of being

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returned to the producing party, provided that counsel certifies in writing no later

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than thirty (30) days after the request of the producing party that such destruction

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has occurred.

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D.

Other

Provisions

Applicable

to

CONFIDENTIAL

and

ATTORNEYS’ EYES ONLY Documents.
1.

Any CONFIDENTIAL or ATTORNEYS’ EYES ONLY information

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that is inadvertently produced without the appropriate designation or other

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identification as to its confidential nature may be designated as CONFIDENTIAL

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or ATTORNEYS' EYES ONLY in writing within forty five (45) days of the date

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of the original production of such information by the producing party.

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2.

Should any CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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PROTECTIVE ORDER - 8

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

1

information be inadvertently disclosed to any person not allowed access under the

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terms and provisions of this order, then the disclosing party, promptly upon

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becoming aware of such disclosure, shall (a) identify such person to the producing

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party; (b) inform such person of all the provisions of this order; (c) request that

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such person sign the “Agreement to be Bound by Protective Order” attached

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hereto as Exhibit A; and (d) use its best efforts to retrieve all CONFIDENTIAL

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and/or ATTORNEYS’ EYES ONLY information that the person was not

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authorized to receive.

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3.

This Protective Order is entered for the purpose of facilitating the

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exchange of documents and other materials without involving the Court

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unnecessarily in the process. Nothing in this order, nor the production of any

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document or other materials under the terms of this order, nor any proceedings

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pursuant to this order, shall be deemed: (a) to have the effect of an admission or

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waiver by any party or third party; (b) to alter the confidentiality or non-

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confidentiality of any such document or other material; (c) to alter any existing

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obligation of any party or third party; or (d) preclude the parties from exercising

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any rights or raising any objections available to them under the rules of discovery

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and evidence and case law construing the same.

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4.

The terms of this Protective Order shall remain in effect after the

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conclusion of this case, and this Court hereby retains jurisdiction to interpret and

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enforce this Protective Order pursuant to and under the Federal Rules of Civil

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Procedure following the conclusion of this case. The parties, including all experts

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PROTECTIVE ORDER - 9

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

1

and other persons subject to discovery in this action or who receive a copy of this

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Protective Order, hereby consent to the jurisdiction of this Court for the purpose of

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enforcement of this Protective Order.

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5.

All documents produced that the producing party intends to be

designated CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall be so marked.

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E.

PRIVILEGED DOCUMENTS

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1.

In the event that a document as to which a privilege from production

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or disclosure is claimed (including but not limited to attorney-client privilege

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and/or the work product doctrine) is inadvertently disclosed during document

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inspection and/or copying, such inadvertent disclosure shall not constitute a

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waiver of any privilege with respect to such document or any other documents,

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and such document (and all copies made thereof) will be promptly returned to the

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producing party upon demand.

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2.

Production of documents on which there are notations indicating that

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they were carbon copied or otherwise transmitted to in-house or outside attorneys

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or claim representatives does not constitute a waiver of the attorney-client

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privilege or work product immunity as to: (a) any other documents or

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communications; or (b) any communications with any attorneys.

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DATED this 3rd day of March, 2014.

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s/Lonny R. Suko

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LONNY R. SUKO
Senior United States District Judge

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PROTECTIVE ORDER - 10

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]

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Exhibit A

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AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

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I have reviewed a copy of the Protective Order entered in the litigation

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known as Robert and Danelle Blangeres v. United States Seamless, Inc. and

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Kaycan Limited, Case No. CV-13-260-LRS in the United States District Court,

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Eastern District of Washington. I understand the limitations this Protective Order

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imposes on the use and disclosure of documents and/or information designated as

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CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY. I agree to be bound by all

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of the terms of the Protective Order. I further understand that the unauthorized use

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or disclosure of documents and/or designated as CONFIDENTIAL and/or

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ATTORNEYS’ EYES ONLY may constitute contempt of Court, and I hereby

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consent to the personal jurisdiction of the United States District Court, Eastern

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District of Washington, in connection with the use or disclosure of such

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information.

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DATED this

day of

,

.

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Print Name:

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PROTECTIVE ORDER - 11

PAINE HAMBLEN LLP
717 WEST SPRAGUE AVENUE, SUITE 1200
SPOKANE, WA 99201 PHONE: [phone]