Harris v. Glacier Bancorp Inc

Filing 13

ORDER APPROVING STIPULATION FOR ENTRY OF A PROTECTIVE ORDER - granting 12 Motion for Protective Order Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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AMBER HARRIS, a single individual,
NO: 2:16-CV-47-RMP
Plaintiff,

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v.
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GLACIER BANCORP, INC., a
Montana corporation doing business as
Mountain West Bank,

ORDER APPROVING STIPULATION
FOR ENTRY OF A PROTECTIVE
ORDER

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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. 12. The Court has reviewed the stipulation, the record,

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and is fully informed. Having considered the stipulation of the parties, the Court

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hereby finds good cause to grant the motion and enter the proposed Protective

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Order. Accordingly, the Stipulated Motion for Entry of a Protective Order, ECF

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No. 12, is GRANTED, and the parties shall be bound by the following terms:

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PROTECTIVE ORDER

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IT IS HEREBY STIPULATED AND AGREED by and between the

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Parties and through their respective counsel that a Protective Order shall be issued
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ORDER ~ 1

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in this action regarding certain documents and information produced during

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discovery that relates to certain procedures or protocols for the Defendants. The

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Parties intend to produce documents, respond to written discovery, provide certain

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testimony, and request the production of certain documents, information and/or

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testimony that they believe may contain or constitute trade secrets, confidential

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and/or commercially sensitive bank security information, privileged information,

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and other confidential, sensitive, or proprietary information. The Parties desire

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that such confidential material be protected by virtue of designating such materials

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as confidential and restricting their dissemination. This Stipulation for Entry of

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Protective Order is without prejudice to any party moving the Court for different or

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additional protection for specified documents or categories of documents.

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1.

Definitions. The following definitions shall apply to this Order:

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(a)

Designation of Material as “CONFIDENTIAL”: If a Party believes in

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good faith that documents in any format, materials, or information (“Materials”)

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supplied by it, the other Party, or a third party constitutes commercially sensitive,

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confidential, or proprietary information, the Party may designate such information

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as “CONFIDENTIAL,” and it shall be entitled to protection pursuant to FED. R.

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CIV. P. 26(c).

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(b)

The Parties as necessary will in good faith consult regarding the

appropriateness of the “CONFIDENTIAL” designation. If they are unable to

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ORDER ~ 2

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agree, the issue shall be submitted to the Court for resolution as set forth in this

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stipulation.

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(c)

“Qualified Persons” shall mean and refer to:

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(i)

Attorneys who are counsel of record and are representing or have

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represented any of the Parties to this lawsuit in connection with the matters raised

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in the lawsuit and persons in the regular employ of the law firm that are counsel of

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record in this lawsuit;

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(ii)

The named Parties in this lawsuit who are responsible for or involved

in the conduct of this litigation, except that Confidential Information disclosed to

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such persons shall be limited to that which reasonably relates to their responsibility

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for or conduct of the litigation;

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(iii)

Court personnel, including reporters engaged in such proceedings,

incident to counsel’s preparation for trial and/or trial of this action;
(iv)

Expert witnesses or prospective expert witnesses retained or consulted

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by counsel for purposes of this case, except that the Confidential Information

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disclosed to such persons shall be limited to that reasonably necessary for them to

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form an opinion or prepare their testimony as to the matters about which counsel

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consulted or retained them;

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(v)

Consultants and/or experts retained or consulted by counsel, who

assist counsel in the prosecution in this action, except that Confidential

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Information disclosed to such persons shall be limited to that which reasonably

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relates to the issues or subjects on which they advise counsel;

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(vi)

Fact witnesses (including their counsel), called at trial or used in the

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investigation of all claims and defenses, except that the Confidential Information

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disclosed to such persons shall be limited to that which is reasonably necessary for

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their testimony or its preparation; and

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(vii) Such other persons as may hereafter be qualified to receive

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Confidential Information pursuant to order of this Court or written agreement of

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the Parties.

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2.

Limits on Use of Information. Confidential Information shall only

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be disclosed to the persons and under the circumstances described in this

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stipulation. The Parties shall not use or rely on any Confidential Information

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learned as a result of this litigation, except as reasonably required by the litigation.

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If any Party breaches this express limitation, any other Party may seek injunctive,

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compensatory, and/or other relief allowed by law or equity. Persons who execute

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an acknowledgment form pursuant to Paragraph 3 below, shall be considered

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“Parties” for the purposes of this Paragraph.

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3.

Acknowledgement Form. The substance or content of the

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Confidential Information shall not be disclosed to anyone other than a Qualified

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Person. No Confidential Information disclosed pursuant to the terms of this

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Court’s Order shall be disclosed or used by a recipient for any purpose other than
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reasonably necessary for the conduct of this litigation. Qualified Persons who are

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provided Confidential Information shall acknowledge this Court’s Order on the

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form attached to ECF No. 12, which will be maintained by the Party disclosing this

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Confidential Information to the Qualified Individual, including to fact and expert

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witnesses.

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4.

Identifying Information Subject to Protective Order. Any

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Materials, including but not limited to any deposition transcript, shall be identified

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as Confidential Information and, where appropriate, marked prominently by the

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disclosing Party as “CONFIDENTIAL.” If a disclosing Party inadvertently fails to

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appropriately designate Materials as containing or constituting Confidential

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Information with this label, the Party shall immediately notify the other Party and

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replace the document with one marked “CONFIDENTIAL.” The documents not

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marked shall be confidentially destroyed.

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6.

Challenges to Designations of Protective Order Coverage. Any

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Party may, at any time, give written notice to a producing Party of the challenge to

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the designation of Materials as Confidential Information. The Party designating

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the Materials as Confidential Information shall bear the burden of demonstrating

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that the designation is appropriate. Any disputes that cannot be resolved by the

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Parties will be resolved by an in camera review by the Court.

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7.

Filing Designated Confidential Information with Court. All

Materials filed with the Court that are designated as Confidential Information, and
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any pleading or memorandum purporting to produce or paraphrase Confidential

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Information shall be filed pursuant to FED. R. CIV. P. 5.2(d) and (e), ECF

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Administrative Procedure § VI (B), and as necessary pursuant to Ninth Circuit

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Appellate Rules on sealed documents.

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Continuing Jurisdiction. Jurisdiction of this action is to be retained

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by this Court after final determination for purposes of enabling any party or person

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affected by this Court’s Order for such direction, order, or further decree as may be

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appropriate for the construction, modification, enforcement, or compliance

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including of any violation of this Protective Order, or for such additional relief as

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may become necessary.
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Restrictions on Use of Confidential Information in Depositions.

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Persons may be deposed regarding Confidential Information. Only Qualified

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Persons as defined in this Order may be present during such depositions. A

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reporter recording any Confidential Information or incorporating into a transcript

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any Materials containing Confidential Information or incorporating into a

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transcript any document containing Confidential Information shall transmit such

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transcript only to counsel of record for the Parties.

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10.

Further Orders of Court. Maintenance of the confidential status of

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any Materials shall in all cases be subject to further order of the Court and nothing

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herein shall preclude any Party from applying to the Court for any appropriate

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modification of this Order; provided, however, that prior to such application, the
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Parties shall endeavor in good faith to resolve the matter without further action by

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the Court.

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Coverage of Pretrial Proceedings. This Order shall govern pretrial

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proceedings. The handling of Confidential Information at trial may be governed

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by a later order of the Court.

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13.

Return of information Upon Termination. Upon termination of

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this action, the Clerk shall return all documents containing Confidential

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Information in the court file to counsel for the Party who filed the Confidential

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Information. Further, upon termination of this action, all documents containing

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Confidential Information and any copies in the possession of any other person shall

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be returned within 30 days to counsel for the Party who designated and provided

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Confidential Information to the other Party, or shall assure that the Confidential

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Information has been securely destroyed.

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The District Court Clerk is directed to enter this Order and provide copies to
counsel.
DATED this 23rd day of August 2016.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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