Busche v. URS Energy and Construction Inc et al

Filing 21

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. 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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DONNA BUSCHE, an individual,
Plaintiff,

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PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

v.

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CASE NO. CV-13-5016-EFS

URS ENERGY AND CONSTRUCTION, INC.,
an Ohio corporation, and BECHTEL
NATIONAL, INC., a Nevada
corporation,

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Defendants.
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The parties anticipate producing documents from personnel files

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and

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("Sensitive Personal Information"), documents designated Official Use

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Only ("OUO Documents"), and/or business proprietary documents (like

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trade

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release of which would cause damage to a party) ("Business Proprietary

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Documents") (collectively, "Protected Information") in the course of

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this litigation.

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order covering such Protected Information.

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other

documents

secrets

and

containing

other

private

sensitive

business

personal

information

information

the

public

The parties are willing to enter into a protective

Sensitive Personal Information shall be marked with the legend:
Confidential - Subject to Protective Order
Case No. CV-13-5016-EFS

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Official Use Only Documents shall be marked with the legend:
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION- 1

OUO - Subject to Protective Order
Case No. CV-13-5016-EFS

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Business Proprietary Documents shall be marked with the legend:
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Business Proprietary - Subject to Protective Order
Case No. CV-13-5016-EFS

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Except with the prior written consent of the producing party,

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the attorneys and parties herein shall use Protected Information only

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for purposes of this action, and shall not disclose such information

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to anyone other than:

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(a) the Court and any persons employed by the Court whose duties
require access to materials filed in connection with this action;
(b) legal counsel for any party in this action, their legal
associates, paralegals, clerical and other support staff;

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(c) the Parties;

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(d) actual witnesses and potential witnesses in this action, and

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their counsel, to the extent reasonably necessary;

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(e)

outside

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retained

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defense of this action, to the extent reasonably necessary;

for

the

consultants
purpose

of

and

experts

assisting

in

(and
the

their

employees)

prosecution

and/or

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(f) court reporters; and

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(g) Employees of copying and similar outside services utilized

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with respect to this action.

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Prior to any disclosure of Protected Information to witnesses

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who are not parties to this action, or to outside consultants and

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experts, said individuals shall receive a copy of this Order and sign

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an agreement (in substantially the form presented in Exhibit A hereto)

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evidencing his or her intent to be bound by its terms.

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION- 2

Counsel making

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such a disclosure shall keep a log of those individuals to whom

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Protected Information is disclosed, which log shall not be subject to

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disclosure to opposing counsel except in the event of a dispute about

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the use or dissemination of Protected Information.

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A

Defendant

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Information

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Department of Energy and it would be subject to release in response to

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a request pursuant of the Freedom of Information Act.

if

the

will

not

Defendant

designate

a

provided

the

document
document

as

Protected

to

the

U.S.

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If any party intends to file Protected Information with the

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Court, the party wishing to file such Protected Information shall give

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the opposing parties at least ten (10) business days' notice of its

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intent to do so, including giving the opposing parties notice of what

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specific Protected Information is intended to be filed. Within seven

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(7) business days of such notice, an opposing party may file a motion

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to seal the Protected Information.

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party's motion to seal, any communications to the Court, including any

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pleadings, motions, documents, or other papers containing designated

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Protected Information that has been ordered by the Court to be sealed,

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shall be communicated to the Court in a sealed envelope or other

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appropriate sealed container on which shall be written the caption of

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this lawsuit, an indication of the contents of the sealed envelope or

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container,

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PROTECTIVE ORDER", and the Clerk of this Court is directed to maintain

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such materials under seal.

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Information shall not file such Protected Information until the Court

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has ruled upon the motion to seal.

and

the

words

If the Court grants the opposing

"PROTECTED

INFORMATION

--

SUBJECT

TO

A

The party wishing to file the Protected

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION- 3

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Inadvertent failure to designate any Protected Information as

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such shall not constitute a waiver of an otherwise valid claim of

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confidentiality

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confidentiality is asserted within fourteen (14) days after discovery

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of the inadvertent failure.

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by the Parties to designate the material in accordance with this

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Order.
Upon

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pursuant

conclusion

of

to

this

Order,

so

long

as

a

claim

of

At such time, arrangements shall be made

this

Lawsuit,

the

Parties

shall

promptly

either destroy or return all copies of Sensitive Personal Information,

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Official

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Attorneys

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certify in writing that they have done so.

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shall

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agreement shall become effective upon entry by the Court or signature

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by counsel for the parties, and the parties and counsel agree to be

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bound by and abide by its terms.

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be

Use

Only

Eyes

at

Documents,

Only

the

Business

Documents

option

IT IS SO ORDERED.

and

to

cost

the

of

Proprietary
producing

the

party,

20th

producing

shall

party.

This

The Clerk’s Office is directed to enter this

day of September 2013.

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and

and

Destruction or return

Order and provide copies to all counsel.
DATED this

Documents,

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

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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION- 4

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EXHIBIT A

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AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

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I,

____________________________,

hereby

acknowledge

that

I

have

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received

a

copy

of

the

Protective

Order

Regarding

Confidential

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Information in the matter of Busche v. URS Energy and Construction,
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Inc., et al., in the United States District Court for the Eastern
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District of Washington, No. CV-13-5016-EFS.

I have read and agree to

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be bound by all of the provisions of the Protective Order.

I agree

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(a) not to divulge any Protected Information or materials to any
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person other than those identified in the Protective Order; and (b)
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not to use any Protected Information or materials for any purpose
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other

than

this

litigation.

In

addition,

I

consent

to

the

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jurisdiction and contempt power of the United States District Court
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for the Eastern District of Washington with respect to the enforcement
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of the Protective Order.
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DATED: ____________________, 2013.
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_______________________________
Signature

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_______________________________
Print Name

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Q:\EFS\Civil\2013\5016.protect.order.lc1.docx

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION- 5