State Farm Fire & Casualty Co v. Hewlett-Packard Company

Filing 18

PROTECTIVE ORDER. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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STATE FARM FIRE & CASUALTY
CO., as subrogee of Allen &
Greenboatstuff Properties, LLC,

NO: 13-CV-0328-TOR
PROTECTIVE ORDER

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Plaintiff,
v.
HEWLETT-PACKARD COMPANY,
Defendant.

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BEFORE THE COURT is the parties’ Stipulated Motion for Protective

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Order (ECF No. 16). Pursuant to the parties’ stipulation, the motion is granted.

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IT IS HEREBY ORDERED:

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WHEREAS, plaintiff STATE FARM FIRE & CASUALTY COMPANY

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(hereafter, “Plaintiff”) seeks discovery of confidential, proprietary and trade

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secret documents and information from HEWLETT PACKARD COMPANY

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(“HP”) regarding certain of HP’s products, including HP Color LaserJet CM2320

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MFP Series (“Confidential Information”); and

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WHEREAS, HP requires protection against the unrestricted disclosure and
use of such Confidential Information;

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THEREFORE, it is hereby ordered, adjudged and decreed that:

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1.

This Confidentiality Agreement and Protective Order shall govern

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all Confidential Information revealed in the above-referenced lawsuit, whether

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the Confidential Information is contained in documents produced, answers to

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interrogatories, deposition testimony and/or any other oral or written responses to

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discovery conducted in this matter, whether it is revealed by HP or any other

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party or third-party.

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2.

A party shall indicate that information is Confidential Information

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hereunder by producing a copy bearing a stamp or label signifying that it is

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“Confidential.” In the case of testimony or any other oral information, it shall be

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sufficient for a party to state that the Confidential Information is confidential

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pursuant to this Agreement and Protective Order at the time such testimony or

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oral information is given or conveyed. Alternatively, a party may designate

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testimony as Confidential hereunder by marking the transcript containing

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Confidential Information with the word “Confidential” within thirty days (30)

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days of receipt of the transcript of said testimony;

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3.

Confidential Information obtained by or produced to any party shall

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be held in confidence and revealed only to counsel of record, paralegals and

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secretarial employees under counsels’ direct supervision, the parties themselves

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for purposes of deposition, and such persons as are employed by the parties or

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their counsel to act as experts, investigators or consultants in this case. All

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Confidential Information must be maintained in counsels’ office, with the

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exception of documents and/or information provided to individuals employed to

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act as experts in this case. The parties shall take all steps reasonably necessary to

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see that no person shall use, disclose, copy or record Confidential Information for

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any purpose other than the preparation or conduct of this case.
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All Confidential Information shall be used solely for the purpose of

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maintaining the present litigation, including any appeals or retrials, and not for

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any other purpose(s). Under no circumstances shall Confidential Information be

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disclosed to anyone other than the persons designated above, and the parties shall

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not disclose such Confidential Information to any undesignated person during or

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after the termination of this litigation. Moreover, no Confidential Information

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shall be disclosed to a competitor (direct or indirect) of HP, whether for the

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purposes of this litigation or otherwise.

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5.

Before any Confidential Information is disseminated or disclosed to

any of the above-designated persons, such person shall (a) read this

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Confidentiality Agreement and Protective Order in its entirety; and, (b) agree to

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all provisions of this Confidentiality Agreement and Protective Order.

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All depositions, pleadings and reports in which Confidential

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Information is discussed, documented or referred to shall themselves be deemed

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Confidential Information and shall be subject to this Order. Should a party use

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any Confidential Information in any pleading filed with the Court, that party

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shall, at the time of filing, request that the court impound the specific portion of

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the pleading containing the Confidential Information.

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7.

Upon final termination of this litigation, each person subject to this

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Confidentiality Agreement and Protective Order shall return all Confidential

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Information to counsel for HP within thirty (30) days after the final disposition of

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this matter. Documents that contain notations of counsel may be destroyed rather

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than returned, but it shall be the responsibility of counsel to ensure the documents

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are destroyed.

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8.

The disclosure of any Confidential Information by HP shall not

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serve to waive any of the protections provided by this Confidentiality Agreement

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and Protective Order with respect to any other Confidential Information.

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No person who has received Confidential Information shall seek to

vacate or otherwise modify this Order at any time.

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10.

Nothing in this Confidentiality Agreement and Protective Order shall

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restrict HP’s right to object to the disclosure of documents or information

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otherwise objectionable, protected or privileged pursuant to the Federal Rules of

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Civil Procedure, federal or state law, or to seek a protective order preventing

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disclosure or limiting the discovery of Confidential Information, or to seek a

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protective order preventing disclosure or limiting the discovery of information or

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material that is objectionable on other grounds, regardless of whether or not such

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material may also constitute Confidential Information pursuant to this

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Confidentiality Agreement and Protective Order.

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IT IS SO ORDERED.
The District Court Executive is hereby directed to enter this Order and
provide copies to counsel.
DATED May 28, 2014.

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THOMAS O. RICE
United States District Judge

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