Matthiesen v. AutoZone Stores Inc

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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STEPHANIE MATTHIESEN,

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CASE NO.: 2:15-CV-0080-TOR

Plaintiff,
PROTECTIVE ORDER

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v.
AUTOZONERS, LLC,

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Defendant.

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BEFORE THE COURT is the parties’ Stipulated Motion for Entry of a

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Protective Order (ECF No. 17). The motion was submitted for consideration

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without oral argument. The Court has reviewed the motion and the file therein and

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is fully informed. Pursuant to the parties’ agreement and for good cause shown,

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the motion is granted and the following protective order entered in this matter:

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1.

This Order shall be applicable to and govern all depositions,

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documents, information, or things produced in response to requests for production

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of documents, answers to interrogatories, responses to requests for admissions, and

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all other discovery taken under the Federal Rules of Civil Procedure and the Local

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Rules for the Eastern District of Washington, and other information which the

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producing party designates as “CONFIDENTIAL,” hereinafter furnished, directly

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or indirectly, by or on behalf of any party or any non-party in connection with this

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action.

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2.

The following information may be designated as “CONFIDENTIAL”:

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(i) proprietary business records such as payroll, financial, or other proprietary

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business records; or (ii) employment, personnel, health and private information

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about plaintiff, defendant, current and former employees of defendant, or third

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parties, that are not available from any other source.

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3.

Parties shall designate records as confidential information by labeling

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them as “CONFIDENTIAL” prior to production. Deposition or other pretrial or

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trial testimony meeting the criteria specified in paragraph 2 above may be

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designated “CONFIDENTIAL” by a statement on the record by counsel during

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such deposition or other pretrial or trial proceeding that the entire transcript or a

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portion thereof shall be designated as “CONFIDENTIAL.” Only those portions or

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excerpts of a deposition consisting of confidential material shall be designated as

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“CONFIDENTIAL.” Deposition or other pretrial testimony meeting the criteria

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specified in paragraph 2 above also may be designated as “CONFIDENTIAL” by

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stamping a “CONFIDENTIAL” legend on the transcript of such testimony and

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service copies on the other parties within thirty (30) days after the transcript is

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received by the designating party, regardless of whether any confidentiality

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designation was made on the record at the time the testimony was given.

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4.

A designation by a party of CONFIDENTIAL information shall be

made in good faith.
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A party shall not be obligated to challenge the propriety of a

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CONFIDENTIAL designation at the time made, and failure to do so shall not

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preclude subsequent challenge thereto. Failure to challenge the propriety of any

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CONFIDENTIAL designation shall not constitute an admission as to the propriety

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of that designation.

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6.

Counsel for such parties shall make a good faith effort to confer to

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resolve by agreement any differences as to the use or designation of information as

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CONFIDENTIAL INFORMATION prior to bringing the issue to the Court.

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7.

All documents and testimony designated as CONFIDENTIAL, and all

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information derived solely therefrom, if not available in any other source, shall be

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used solely for the purpose of preparing and litigating claims in this lawsuit and

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shall not be disclosed, published in any medium by any party, or disseminated

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except as provided for in Paragraph 8 below. Any use of documents and testimony

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designated as CONFIDENTIAL, and all information derived solely therefrom, that

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is inconsistent with the Order shall be a breach of its terms.

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8.

Except as may be otherwise agreed by the parties, or ordered by the

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Court, disclosure of documents and testimony designated as CONFIDENTIAL,

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and all information derived therefrom, shall be limited to:

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(a) A party, or an employee of a party;

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(b) Counsel for a party, or an employee of counsel for a party to

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whom it is necessary that the information be shown for purposes of

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preparing or litigating the Lawsuit, such as any paralegal assistants, or

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other support staff assisting counsel in the preparation of the Lawsuit;

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(c) An expert, consultant, or third party consulted or retained by a

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party or such party’s counsel to assist in preparing or litigating the

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Lawsuit;

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(d) The Court and any Court staff;

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(e) A court reporter at deposition, hearing, or trial;

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(f) A witness, as well as the witness’ counsel, if any, in the Lawsuit,

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at the deposition of such witness, or during the witness’s trial

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testimony, or in preparation for their testimony and/or deposition, if

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the witness is an author or is copied on the document;

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(g) A third-party neutral retained by the parties to assist in resolution

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of the Lawsuit.

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9.

Each person described in Paragraph 8(c) or Paragraph 8(f), to whom the

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disclosure of documents and testimony designated as CONFIDENTIAL and all

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information derived therefrom is permitted pursuant to this Order, shall be

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provided with a copy of this Order, and shall agree in writing to be bound thereby

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prior to such disclosure by signing an acknowledgment in the form attached hereto

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as Exhibit A, or in any form substantially similar to Exhibit A.

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10.

Nothing in this Order shall preclude any party from using

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CONFIDENTIAL information during hearings, court proceedings, and/or motion

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practice if the party reasonably believes the CONFIDENTIAL material is

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necessary for the hearing, court proceeding, and/or motion practice. In the event

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that a party intends to enter any CONFIDENTIAL information of another into

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evidence, other than at trial, the disclosing party shall either: (a) provide the other

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party’s counsel with the best practical notice of its intent to file such

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CONFIDENTIAL information and will provide reasonable opportunity for the

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other party to obtain an order requiring that such CONFIDENTIAL information be

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filed under seal pursuant to any applicable General Rules and/or Local Rules of the

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Court; or (b) file a stipulation and proposed order to seal or motion to seal the

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CONFIDENTIAL information pursuant to any applicable General Rules and/or

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Local Rules of the Court. The stipulation or motion can either be filed before or

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concurrent with the document filed under seal. Where reasonably practical, only

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those portions of documents or pleadings consisting of CONFIDENTIAL

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information shall be filed or lodged under seal.

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It shall be a violation of this Order for any party to this case, or his or

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her counsel, to disclose CONFIDENTIAL information except as set forth in this

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Order. Any summary exhibits derived from CONFIDENTIAL information that is

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not available from any other source shall also be governed by the terms of this

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Order. Notwithstanding the preceding, nothing in this Order shall in any way limit

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or preclude either party from using any of the CONFIDENTIAL information that it

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has created or maintained for any of the business purposes for which it was created

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or maintained.

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12.

Nothing in this Order shall bar, or otherwise restrict, any attorney in

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this matter from rendering advice to his or her client with respect to this litigation

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or doing anything reasonably necessary to prosecute or defend this litigation.

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13.

Nothing in this Order shall be construed to prohibit a party from

seeking an order compelling the production of CONFIDENTIAL information.

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14.

Nothing in this Order shall preclude a party from pursuing a protective

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order or moving to seal any portion of the Court file at any time if such action is

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deemed necessary by either party in either party’s sole discretion.

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15.

This Order shall remain in force and effect until further order of this

Court.

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16.

Insofar as the provisions of this Order restrict the use of

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CONFIDENTIAL information, this Order shall continue to be binding after the

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conclusion of this litigation.

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17.

When this action, including entry of judgment or appeal, concludes

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and within thirty (30) days after the litigation has been finally terminated, a

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producing party may request the return or destruction of all CONFIDENTIAL

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material produced in this litigation, except those filed with the Court or agreed by

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the parties to be retained for purposes of effectuating any judgment or any

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documents that counsel for either party chooses to maintain as part of the client file

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for up to six years as required by the Rules of Professional Conduct. After the

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termination of this action, this Order shall continue to be binding upon the parties

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hereto, and all persons to whom CONFIDENTIAL material has been disclosed or

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communicated.

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18.

Any modification of this Order must be approved and signed by the

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Court. Nothing in this Order shall prohibit any party from seeking to modify any

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provision of this Order upon good cause shown. The Court may modify this Order

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on its own motion after notice to the parties and an opportunity to be heard.

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19.

This Order is without prejudice to any party’s right to demand or

oppose discovery on any grounds permitted by the Federal Rules of Civil

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Procedure and is without prejudice to any other party’s right to contest any such

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assertions.

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Dated October 28, 2015.

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THOMAS O. RICE
United States District Judge

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EXHIBIT A TO STIPULATED PROTECTIVE ORDER

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ACKNOWLEDGEMENT

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The undersigned,

, in connection with the

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case of Matthiesen v. Autozoners, LLC, Case No. 2:15-CV-0080-TOR (United

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States District Court, Eastern District of Washington), hereby acknowledges that

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s/he received a copy of the Order in that action, has read the Order, understands it,

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and agrees to be bound by all the provisions thereof.

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DATED this

day of

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Signature

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Print Name

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Nature of involvement in case

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Company name and address
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Telephone number

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