Spaulding v. State Farm Mutual Automobile Insurance Company

Filing 11

STIPULATED PROTECTIVE ORDER. Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JEROME LOUIS SPAULDING,

No. 2:CV-14-0307-SMJ

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Plaintiff,
STIPULATED PROTECTIVE
ORDERS

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v.
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STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,

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Defendant.
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Before the Court are the parties’ stipulated protective orders, ECF No. 9,

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which the parties stipulate will govern document production in this matter.

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Having reviewed the proposed protective orders, the Court grants the stipulations,

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and enters the protective orders as set forth below.

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Accordingly, IT IS HEREBY ORDERED:

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As to Plaintiff’s document production:
1.

This Protective Order shall govern the use and disclosure of medical

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records or other confidential information provided by or on behalf of

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the Plaintiff in connection with his insurance claim(s) or during the

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course of discovery in the above-captioned action.

ORDER - 1

2.

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As used in this Protective Order, “Confidential Information” shall

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mean medical records; documents regarding diagnostic testing,

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radiology, laboratory results, nurse’s notes, clinic notes, and such

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similar documents; and other information that the Plaintiff believes in

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good faith is confidential and protectable from public disclosure.
3.

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The Plaintiff may designate a document as confidential by marking

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or stamping it “Confidential”. With respect to multi-page documents,

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it is sufficient to stamp or mark only the first page thereof as

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“Confidential”.
4.

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Medical records and records regarding diagnostic testing, radiology,

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laboratory results, nurse’s notes, clinic notes, and such similar

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documents

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notwithstanding the absence of a “Confidential” stamp or mark.
5.

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shall

be

deemed

Confidential

Information,

Confidential Information shall be used by the Defendant solely for

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purposes of the above-captioned action and any appeal thereof, and

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shall not be used for any other purpose(s) whatsoever.
6.

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Any party who submits Confidential Information to the Court shall

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file the document(s) under seal, and serve the opposing party with a

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hard-copy of the document(s) so filed.

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//

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7.

In the event the Defendant believes in good faith that a document

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designated as Confidential Information does not contain information

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that is protectable from public disclosure:

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a.

The Defendant shall promptly notify the Plaintiff, and

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thereafter, the parties shall confer in person or by telephone in

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an effort to resolve the dispute.
b.

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If the dispute cannot be resolved informally, the parties may

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submit the challenged document(s) under seal for the Court’s

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determination, together with a statement setting forth the

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matters on which they have been unable to agree. The Court

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may dispense with formal motion practice, and may require or

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allow expedited argument either on its own motion or upon

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application of any party. See LR 37.1. The document(s) at

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issue shall continue to be treated as Confidential Information

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until the Court orders otherwise.

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8.

The Plaintiff’s inadvertent production of documents containing

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information that is not presumptively confidential (as set forth in

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paragraph 4), without a “Confidential” mark or stamp, shall not estop

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the Plaintiff from designating the documents as Confidential

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Information at a later date. The Plaintiff shall promptly notify the

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Defendant of the inadvertent production, and shall produce

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replacement documents marked or stamped “Confidential”.

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9.

In the event the Defendant publicly files documents that the Plaintiff

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later designates as Confidential Information, the burden shall be on

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the Plaintiff to move the Court for leave to have such documents

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sealed.

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10.

In the event the Defendant publicly files documents bearing a

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“Confidential” mark or stamp or documents that are presumptively

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confidential (as set forth in paragraph 4), the burden shall be on the

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Defendant to move the Court for leave to have such documents

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sealed within 10 days of discovering the inadvertent public filing or

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being notified by the Plaintiff.

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11.

This Protective Order is not intended to govern the use of

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Confidential Information at any trial of the above-captioned action.

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Questions regarding the protection of Confidential Information

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during trial shall be presented to the Court prior to or during the trial

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itself.

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As to Defendant’s document production:
1.

Plaintiff’s Discovery Demands: Plaintiff may request production of
certain documents by Defendant in conjunction with discovery in this

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ORDER - 4

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litigation. Said requests for production may include a request for

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documents

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business/attorney work product or other confidential and proprietary

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research, development, and commercial information, relating to

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claims handling, State Farm’s internal processes and procedures,

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training, or personnel-related information. State Farm asserts that it

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has a legitimate business interest in restricting dissemination of this

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information, particularly to competitors or adversaries. State Farm

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asserts that to the extent these documents are subject to production,

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these documents shall remain confidential. By entering into this

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Stipulation and Agreement, State Farm does not waive any rights it

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has to object to the production of requested documents or seek relief

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from the Court regarding certain documents or categories of

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documents that it believes are not discoverable.

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2.

that

constitute

and

reflect

trade

secrets

and

Purpose of this Agreement: It is the purpose of this Stipulation and

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Agreement that the Defendant may produce the requested

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confidential documents subject to the Agreement or in the alternative

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seek relief from the Court, and Plaintiff and his counsel promise that

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the confidential documents produced by Defendant will be used

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solely in this case; that the confidential documents produced by

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Defendant will not be used for commercial purposes; that the

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confidential documents produced by Defendant will not be used for

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non-litigation purposes; and that the confidential documents will not

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be disseminated to third parties or persons not necessary or involved

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in this litigation.
3.

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Agreement Not to Disseminate: Consistent with the purpose of this

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Stipulation and Agreement entered into herein, Plaintiff, by and

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through his attorney, Thomas F. Webster, as counsel for Plaintiff,

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agree not to divulge, permit access to, or disseminate the confidential

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documents produced by Defendant during this litigation to any

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individuals or entities, except persons or individuals connected to or

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providing services in connection with the prosecution of this

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litigation. The parties are allowed to have the confidential documents

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reviewed and analyzed by attorneys, parties, and expert witnesses or

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consultants, providing services relating to this litigation.
4.

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Agreement Regarding Defendant’s Documents to Be Produced: Any

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documents identified and produced which are claimed to be

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confidential shall be produced to Plaintiff in accordance with the

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following:

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a.

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The documents shall be labeled CONFIDENTIAL on the face

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of the documents or Defendant shall otherwise give some

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indicia that it considers such documents confidential.
b.

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Defendant shall produce the confidential manuals and other

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documents claimed to be confidential by sending copies to

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Plaintiff’s attorney within twenty one days of execution of this

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Order or with discovery responses once propounded,

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whichever is later.
c.

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After the conclusion of this case, by settlement, judgment, or

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dismissal, all copies of confidential documents produced

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pursuant to this stipulation will be returned to counsel for

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Defendant or destroyed. Plaintiff’s counsel will confirm in

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writing that the documents have been destroyed.
d.

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Documents not produced according to the above procedure are

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not claimed to be confidential and are not subject to the

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stipulation.

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5.

Possession of Documents by Third Parties: Attorney Thomas F.

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Webster, counsel for Plaintiff, will be the custodians of the

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confidential documents produced, and shall not grant possession of

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the confidential documents to any other person or entity, except as

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expressly authorized by the terms of this stipulation. Counsel for

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may permit other persons or entities to possess and to view the

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confidential documents as follows:

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a.

Any attorneys, associates, law clerks, paralegals, or secretaries

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at the law firm of Webster Law Office PLLC, (Plaintiff’s

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counsel) or any law firm associated with Webster Law Office

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PLLC to act as counsel on this matter, who are actively

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engaged in the conduct of this litigation or performing tasks

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associated therewith.
b.

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Parties, deposition and trial witnesses may view the
confidential documents.

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c.

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Experts or consultants involved in or performing services
related to this litigation.

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d.

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Court officials involved in this litigation, including, but not

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limited to, court reporters, persons monitoring video

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equipment at depositions, any special masters or discovery

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referees, judges, magistrates, workup attorneys, or law clerks.
e.

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upon such terms as the Court may deem proper.

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Any person designated by the Court in the interest of justice,

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ORDER - 8

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Whenever the confidential documents are viewed or provided to any

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person, attorney, expert, law clerk, paralegal, or secretary identified

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above, other than court personnel, counsel for the parties agree to

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require that the individual read and sign this Stipulation and

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Agreement

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Acknowledgment, agreeing to be bound by the Stipulation and

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Agreement and terms and conditions of the Protective Order.

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Counsel for the parties agree to maintain the Acknowledgments as

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part of their files.

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6.

and

Protective

Order,

and

sign

the

attached

Confidential Documents Submitted to the Court (e.g., filing

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documents, exhibits):

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CONFIDENTIAL document to the Court shall file the document(s)

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under seal, and serve the opposing party with a hard-copy of the

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document(s) so filed. If Plaintiff inadvertently publicly files any

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portion of any CONFIDENTIAL document, he shall seek leave from

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the Court to seal such documents and shall do so within seven days of

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realizing the public disclosure or being advised by Defendant of the

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public disclosure.

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7.

Any party who submits a portion of any

Nonwaiver: This Stipulation and Agreement is not, and shall not be
interpreted as, a waiver of any discovery rights or right to compel

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ORDER - 9

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further production of documents. This Stipulation and Agreement is

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not, and shall not be interpreted as, a waiver by the parties to claim in

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this lawsuit or otherwise that the confidential documents or any

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documents

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nondiscoverable, or inadmissible.

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8.

described

herein

are

privileged

or

otherwise

Reconsideration: If a dispute arises about the propriety of Defendant

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designating any of the documents referenced in Paragraph 1 or

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Paragraph 4, as “confidential documents” protected by this

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Stipulation and Agreement and protective order, any party may apply

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to the Court for an order resolving such dispute. The burden shall

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remain on Defendant to prove any claim of confidentiality.

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9.

Violation of Order: Upon an alleged violation of this Stipulation and

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Agreement and protective order, the Court on its own motion or on

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the motion of any party, may grant relief as it deems appropriate in

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law or equity.

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Agreement or protective order be stricken or held invalid by a Court

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of competent jurisdiction, all remaining provision shall remain in full

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force and effect.

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10.

Should any provision of this Stipulation and

Counsel for the parties shall agree to have this Stipulation and
Agreement made the subject of a court Order. The terms of this

ORDER - 10

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Stipulation and Agreement are not binding and have no effect until,

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and unless, the Order is signed by each party and by the Court. The

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parties agree that good cause exists to support this protective order.

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11.

Inadvertent Disclosures: The parties agree that documents between

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counsel and their clients after the filing of this litigation in Stevens

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County Superior Court on August 19, 2014, are considered

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privileged, are not subject to discovery, and are automatically

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considered inadvertently produced.

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documents will be returned or destroyed upon identification, and the

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parties agree that the inadvertent production of these documents shall

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not be deemed a waiver of any such privilege or protection.

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The parties also agree that other discovery materials may also be

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subject to the attorney-client privilege and/or work product

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protection. If, after discovery materials are disclosed, a producing

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party notifies all receiving parties of a claim that materials are

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protected by the attorney-client privilege or work-product doctrine or

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any other applicable privilege or protection, the receiving party shall

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not make any use of the contested material and shall return to the

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producing party all copies thereof presently in its possession. Nothing

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in this provision shall be construed to prevent or restrict any party's

ORDER - 11

The parties agree that these

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right to object to the propriety of any other's assertion that materials

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are properly protected by the attorney-client privilege or work-

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product doctrine, or any other applicable privilege, or protection.

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The parties agree to follow the procedure set forth in Federal Rule of

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Civil Procedure 26(b)(5)(B) to address any inadvertently produced

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attorney-client privileged or work product protected documents.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order

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and provide copies to all counsel.
DATED this 13th day of November 2014.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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/

ORDER - 12

ACKNOWLEDGMENT

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I have read the Stipulation and Protective Order Regarding Defendant’s

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Document Production entered in the case Spaulding v. State Farm Mutual

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Insurance Co., United States District Court for the Western District of

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Washington, Case No. 2:14-cv-00307-SMJ and agree to abide by the terms set

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forth herein on behalf of myself, my firm, and my client. This Acknowledgment

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is signed under penalty of perjury under the laws of the State of Washington and

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the United States of America.

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DATED this ______ day of _____, 20___.

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Printed Name

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Q:\SMJ\Civil\2014\Spaulding v. State Farm Mutual Automobile Insurance Company-0307\stip.protective.order.lc1.docx

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