McIntosh v. Cub Crafters Inc

Filing 18

PROTECTIVE ORDER; granting 17 Stipulated MOTION for Protective Order. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SHIRLEY CAROLINE McINTOSH,
Individually and as Guardian and
Representative of M.M., D.M.,
T.M., and J.M., minors,

CASE NO. CV-13-3004-EFS

PROTECTIVE ORDER

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Plaintiffs,
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v.
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CUB CRAFTERS, INC.,
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Defendant.
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On September 17, 2013, the parties filed a Stipulated Motion for

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Protective Order, ECF No. 17.

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order, the Court grants the stipulated motion.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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Having reviewed the proposed protective

The parties’ Stipulated Motion for Protective Order, ECF
No. 17, is GRANTED.

2.

The Court enters a Protective Order as follows:
1.

All information, designated by the producing party as

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"Confidential" or "Proprietary", which is disclosed,

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furnished,

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pursuant to a court order, by or on behalf of THE

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PARTIES in this litigation, shall be used solely in

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PROTECTIVE ORDER - 1

or

submitted,

either

voluntarily

or

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connection

with

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for

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litigation.

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documents:

(1)

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releasable

to

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Crafters,

Inc.

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manuals,

POH's,

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documents,

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statute or regulation for the public, or (5) FAA and

trial,

pre-trial

trial,

or

proceedings,

other

Proprietary

the

public,

the

(2)
(3)

parts

do

not

FAA

posted

on

or

required

to

include
are

the

Cub

available
maintenance

be

kept

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party

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designated documents may, after conferring with the

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other

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classification

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proprietary, or otherwise privileged and apply to the

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Court

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Order.
2.

feels

party,

for

Disclosure

another

make
of

party

a

motion

relief

information

from

that

is

the

confidential,

this

Protective

designated

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and summaries derived from them) shall be restricted

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to:

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a. the attorneys in the law firms appearing in this
action

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directly employed by those firms and are assisting

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the attorneys working on the litigation;

PROTECTIVE ORDER - 2

and

personnel

extracts

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PARTIES,

(including

as

"Confidential"

THE

"Proprietary"

inappropriately

challenging
as

any

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for

or

has

documents

appropriate

of

Additionally,

by

NTSB

who

investigations.

this

that

publicly

lists,

documents

in

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accident

to

website,

(4)

proceedings

documents

submitted

preparation

who

are

b. those officers, directors, employees, agents, and

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2

attorneys

of

THE

PARTIES

whose

assistance

is

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required in the preparation of this litigation for

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trial and who must have access to the information

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to render this assistance;
c. experts or consultants retained in connection with

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the litigation;

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d. the

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Court

and

court

personnel,

including

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stenographic reporters engaged in such proceedings

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as are necessarily incident to the preparation or

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trial of this litigation; and
e. such

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other

persons

as

all

THE

PARTIES

shall

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mutually agree to in writing, or the Court shall

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determine.

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3.

Each person described in subparagraphs (b), (c), or

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(e) of the preceding paragraph to whom "Confidential"

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or

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shown, or disclosed shall first be presented by the

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disclosing party or the disclosing party's counsel of

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record with a copy of the Stipulation and the Court’s

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Protective Order.

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the

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permit disclosure of the documents or the information

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contained therein other than pursuant to the terms of

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the order.

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PROTECTIVE ORDER - 3

"Proprietary"

terms

of

the

information

is

to

be

furnished,

All such persons shall be bound by
Protective

Order,

and

shall

not

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4.

THE

PARTIES

shall

seek

to

have

any

other

parties

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later appearing in this litigation agree to be bound

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by

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Those other parties shall become bound by the terms

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of

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substantially in the form of that attached to this

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order

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Agreement, a party shall be bound by the terms of

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this order to the same extent as are THE PARTIES.

the

terms

this

of

order

as

Stipulation

by

Exhibit

and

signing

"A".

a

Upon

Protective

Joinder

signing

Order.

Agreement

that

Joinder

No

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Confidential or Proprietary information produced by

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any

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produced to any other party subsequently appearing in

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this litigation unless that party agrees to be bound

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by the terms of the Stipulation and Protective Order.

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5.

of

THE

PARTIES

in

this

litigation

shall

be

Upon termination of this action (whether by judgment,

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settlement, or otherwise), each of THE PARTIES that

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has

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materials shall assemble and return to each of THE

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PARTIES that produced the Confidential or Proprietary

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materials,

all

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materials,

including

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including copies containing notes or other attorneys'

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work product that may have been placed thereon by

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counsel

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containing

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shall be destroyed within thirty (30) days of the

PROTECTIVE ORDER - 4

received

for

any

any

notes

Confidential

such

of
or

or

Confidential
all

THE
other

copies

or

Proprietary

Proprietary

thereof

PARTIES.
attorneys'

(but

not

All

copies

work

product

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final resolution of this action, at which time each

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counsel of record shall confirm in writing to all

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other

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occurred.

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counsel

of

record

that

such

destruction

has

Nothing in this Order shall be deemed to restrict in

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any way any party or its attorneys with respect to

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that

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information.

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7.

Upon

party's

own

settlement

or

Confidential

final

or

judgment,

Proprietary

all

copies

of

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Confidential or Proprietary documents introduced into

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evidence in the subject action may be withdrawn from

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evidence

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produced the documents.

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8.

and

returned

to

the

party

that

initially

THE PARTIES may apply to the Court for approval of

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this

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Protective Order of the Court and enforcement of the

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same.

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Court for a modification of its order, and nothing in

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the order shall be deemed to prejudice their rights

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to seek modification.

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9.

Stipulation

and

entry

of

its

terms

as

a

The parties may also subsequently apply to the

THE PARTIES each agree that this Stipulation may be

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executed in one or more counterparts, each of which

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shall be considered an original, but all of which

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together

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instrument.

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PROTECTIVE ORDER - 5

shall

constitute

one

and

the

same

A facsimile or electronic copy of this

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Stipulation or of any counterpart shall be deemed to

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constitute an original.

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IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to all counsel.
DATED this

19th

day of September 2013.

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s/ Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2013\3004.prot.order.lc2.docx

PROTECTIVE ORDER - 6

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EXHIBIT "A"
JOINDER AGREEMENT

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_________________________________,

by

his/her/its

counsel,

hereby

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joins in and agrees to be bound by the terms of the Protective Order
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governing Confidential and Proprietary information that is, has been,
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or may be, disclosed in Case No. 2:13-cv-03004-EFS, pending in the
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON,
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styled SHIRLEY CAROLINE McINTOSH Individually and as Guardian and
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Representative of M.M., D.M., T.M., and J.M., minors, Plaintiffs, v.
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CUB CRAFTERS, INC., Defendant.
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DATED:_____________, 2013
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___________________________
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Attorney for ______________
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