Wolff v. David Evans & Associates, Inc.,

Filing 18

PROTECTIVE ORDER. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 KEVIN WOLFF, 10 Plaintiff, 11 12 13 v. STIPULATED PROTECTIVE ORDER DAVID EVANS & ASSOCIATES, INC., Defendant. 14 15 No. 2:17-cv-00025-TOR 1. PURPOSES AND LIMITATIONS 16 17 Discovery in this action is likely to involve production of confidential, 18 proprietary, or private information for which special protection may be warranted. 19 Accordingly, the parties hereby stipulate to and petition the court to enter the 20 21 following Stipulated Protective Order. The parties acknowledge that this 22 agreement does not confer blanket protection on all disclosures or responses to 23 discovery, the protection it affords from public disclosure and use extends only to 24 25 the limited information or items that are entitled to confidential treatment under the 26 STIPULATED PROTECTIVE ORDER - 1 1 2 3 applicable legal principles, and it does not presumptively entitle parties to file confidential information under seal. 2. “CONFIDENTIAL” MATERIAL 4 “Confidential” material shall include the following documents and tangible 5 6 things produced or otherwise exchanged: 7 1. DEA’s contract documents; 8 2. DEA’s personnel and salary records; 9 10 3. information protected from disclosure by statute or other legal 11 obligations; 12 4. trade secrets of a party or non-party; 13 14 5. non-public financial or other sensitive commercial information, 15 including but not limited to business or strategic plans and internal 16 17 cost, budget, productivity, and revenue tracking reporting information; 18 and 19 6. any other sensitive, confidential, proprietary, trade secret documents 20 or information that may be target of discovery in this action. 21 22 23 3. SCOPE The protections conferred by this agreement cover not only confidential 24 25 material (as defined above), but also (1) any information copied or extracted from 26 confidential material; (2) all copies, excerpts, summaries, or compilations of STIPULATED PROTECTIVE ORDER - 2 1 2 confidential material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal confidential material. 3 However, the protections conferred by this agreement do not cover 4 5 6 7 information that is in the public domain or becomes part of the public domain through trial or otherwise. 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 8 9 10 11 4.1 Basic Principles. purposes of litigation. Confidential information may be used only for Confidential material may be disclosed only to the categories of persons and under the conditions described in this agreement. 12 13 14 15 Confidential material must be stored and maintained by a receiving party at a location and in a secure manner that ensures that access is limited to the persons authorized under this agreement. 16 17 18 19 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the designating party, a receiving party may disclose any confidential material only to: 20 21 22 23 (a) the receiving party’s counsel of record in this action, as well as employees of counsel to whom it is reasonably necessary to disclose the information for this litigation; 24 25 26 STIPULATED PROTECTIVE ORDER - 3 (b) 1 2 3 the officers, directors, and employees (including in house counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation; 4 5 6 7 (c) experts and consultants to whom disclosure is reasonably necessary for this litigation who agree to treat confidential material as confidential under this agreement; 8 9 10 11 (d) the court, court personnel, and court reporters and their staff; (e) copy or imaging services retained by counsel to assist in the duplication of confidential material, provided that counsel for the party retaining 12 13 14 15 the copy or imaging service instructs the service not to disclose any confidential material to third parties and to immediately return all originals and copies of any confidential material; 16 17 (f) during their depositions, witnesses in the action to whom 18 disclosure is reasonably necessary and who have signed the “Acknowledgment and 19 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating 20 21 party or ordered by the court. 22 exhibits to depositions that reveal confidential material must be separately bound 23 Pages of transcribed deposition testimony or by the court reporter and may not be disclosed to anyone except as permitted under 24 25 this agreement; 26 STIPULATED PROTECTIVE ORDER - 4 (g) 1 2 3 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 4 Notwithstanding this provision, nothing in this agreement prevents the 5 6 7 parties from attempting to use documents obtained in this litigation in other litigation involving the same parties and the attorneys may provide the documents 8 9 to their co-counsel in such litigation. 10 11 4.3 Filing Confidential Material. Before filing confidential material or discussing or referencing such material in court filings, the filing party shall confer 12 13 14 15 with the designating party to determine whether the designating party will remove the confidential designation, whether the document can be redacted, or whether a motion to seal or stipulation and proposed order is warranted. 16 17 18 19 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each party or non-party that designates information or items for protection under 20 21 this agreement must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The designating party must designate for 23 protection only those parts of material, documents, items, or oral or written 24 25 communications that qualify, so that other portions of the material, documents, 26 STIPULATED PROTECTIVE ORDER - 5 1 2 3 items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this agreement. Mass, indiscriminate, or routinized designations are prohibited. Designations 4 5 6 7 that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or delay the case development process or to impose unnecessary expenses and burdens on other parties) expose the 8 9 10 11 designating party to sanctions. If it comes to a designating party’s attention that information or items that it designated for protection do not qualify for protection, the designating party must 12 13 14 15 promptly notify all other parties that it is withdrawing the mistaken designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this agreement (see, e.g., second paragraph of section 5.2(a) below), or as 16 17 otherwise stipulated or ordered, disclosure or discovery material that qualifies for 18 protection under this agreement must be clearly so designated before or when the 19 material is disclosed or produced. 20 21 22 23 (a) Information in documentary form: (e.g., paper or electronic documents and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings), the designating party must affix the word 24 25 “CONFIDENTIAL” to each page that contains confidential material. If only a 26 portion or portions of the material on a page qualifies for protection, the producing STIPULATED PROTECTIVE ORDER - 6 1 2 party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 3 (b) Testimony given in deposition or in other pretrial proceedings: 4 5 6 7 the parties and any participating non-parties must identify on the record, during the deposition or other pretrial proceeding, all protected testimony, without prejudice to their right to so designate other testimony after reviewing the transcript. Any 8 9 10 11 party or non-party may, within fifteen days after receiving the transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or exhibits thereto, as confidential. If a party or non-party desires to protect 12 13 14 confidential information at trial, the issue should be addressed during the pre-trial conference. 15 (c) Other tangible items: the producing party must affix in a 16 17 prominent place on the exterior of the container or containers in which the 18 information or item is stored the word “CONFIDENTIAL.” If only a portion or 19 portions of the information or item warrant protection, the producing party, to the 20 21 22 23 extent practicable, shall identify the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive 24 25 the designating party’s right to secure protection under this agreement for such 26 material. Upon timely correction of a designation, the receiving party must make STIPULATED PROTECTIVE ORDER - 7 1 2 reasonable efforts to ensure that the material is treated in accordance with the provisions of this agreement. 3 Notwithstanding this provision, once information or data is admitted into 4 5 6 7 evidence at trial, it loses its confidential designation. Where appropriate parties will seek to file confidential documents under seal. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a designation 8 9 10 11 of confidentiality at any time, and it is the burden of the designating party to prove that the designation is valid under the Federal Rules of Civil Procedure. 12 6.2 13 14 15 Meet and Confer. The parties must make every attempt to resolve any dispute regarding confidential designations without court involvement. Any motion regarding confidential designations or for a protective order must include a 16 17 certification, in the motion or in a declaration or affidavit, that the movant has 18 engaged in a good faith meet and confer conference with other affected parties in 19 an effort to resolve the dispute without court action. The certification must list the 20 21 date, manner, and participants to the conference. A good faith effort to confer 22 requires a face-to-face meeting or a telephone conference. 23 ///// 24 25 ///// 26 ///// STIPULATED PROTECTIVE ORDER - 8 1 2 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 3 If a party is served with a subpoena or a court order issued in other litigation 4 5 6 that compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party must: 7 (a) promptly notify the designating party in writing and include a 8 9 copy of the subpoena or court order; 10 11 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by 12 13 14 the subpoena or order is subject to this agreement. Such notification shall include a copy of this agreement; and 15 (c) cooperate with respect to all reasonable procedures sought to be 16 17 pursued by the designating party whose confidential material may be affected. 18 8. 19 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a receiving party learns that, by inadvertence or otherwise, it has disclosed 20 21 confidential material to any person or in any circumstance not authorized under 22 this agreement, the receiving party must immediately (a) notify in writing the 23 designating party of the unauthorized disclosures, (b) use its best efforts to retrieve 24 25 all unauthorized copies of the protected material, (c) inform the person or persons 26 to whom unauthorized disclosures were made of all the terms of this agreement, STIPULATED PROTECTIVE ORDER - 9 1 2 3 and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 5 PROTECTED MATERIAL When a producing party gives notice to receiving parties that certain 6 7 inadvertently produced material is subject to a claim of privilege or other 8 9 10 11 protection, the obligations of the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order or agreement that 12 13 14 15 provides for production without prior privilege review. The parties agree to the entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein. 10. NON TERMINATION AND RETURN OF DOCUMENTS 16 17 Within 60 days after the termination of this action, including all appeals, 18 each receiving party must return all confidential material to the producing party, 19 including all copies, extracts and summaries thereof. Alternatively, the parties 20 21 22 23 may agree upon appropriate methods of destruction. Notwithstanding this provision, counsel to whom confidential documents have been provided have the right to keep one copy of the documents after the end 24 25 of the case. 26 STIPULATED PROTECTIVE ORDER - 10 1 2 3 The confidentiality obligations imposed by this agreement shall remain in effect until a designating party agrees otherwise in writing or a court orders otherwise. 4 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: June 7, 2017 7 8 9 10 /s/ Thomas G. Jarrard Law Office of Thomas G. Jarrard, PLLC 1020 N Washington Street Spokane, WA 99201 Telephone: (425) 239-7290 TJarrard@att.net Attorneys for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 DATED: June 7, 2017 /s/Christopher T. Wall Victor J. Kisch, WSBA No. 38699 Karin D. Jones, WSBA 42406 Christopher T. Wall, WSBA No. 45873 STOEL RIVES LLP 600 University Street, Suite 3600 Seattle, WA 98101 Telephone: 206-624-0900 Email: victor.kisch@stoel. com Email: karin.jones@stoel.com Email: christopher.wall@stoel.com Attorneys for Defendant 22 23 24 25 26 STIPULATED PROTECTIVE ORDER - 11 1 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any documents in this proceeding shall not, for the purposes of this 4 5 6 7 proceeding or any other proceeding in any other court, constitute a waiver by the producing party of any privilege applicable to those documents, including the attorney-client privilege, attorney work-product protection, or any other privilege 8 9 or protection recognized by law. 10 11 DATED: June 12, 2017 12 13 14 Hon. Chief Judge Thomas O. Rice United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER - 12 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, ____________________________________ [print or type full name], of 4 5 6 7 ____________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for 8 9 10 11 the Eastern District of Washington on [date] in the case of Kevin Wolff v. David Evans & Associates, U.S. District Court of Washington, Eastern District, Case No. 2:17-cv-00025-TOR. I agree to comply with and to be bound by all the terms of 12 13 14 15 this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item 16 17 that is subject to this Stipulated Protective Order to any person or entity except in 18 strict compliance with the provisions of this Order. 19 I further agree to submit to the jurisdiction of the United States District 20 21 Court for the Eastern District of Washington for the purpose of enforcing the terms 22 of this Stipulated Protective Order, even if such enforcement proceedings occur 23 after termination of this action. 24 25 Date: 26 City and State where sworn and signed: STIPULATED PROTECTIVE ORDER - 13 1 2 Printed name: Signature: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER - 14 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on June 7, 2017, I caused the forgoing to be electronically filed with the Clerk of the Court using the CM/ECF system, which 4 5 6 7 8 9 sent notification of such filing to all counsel of record. /s/ Thomas G. Jarrard Law Office of Thomas G. Jarrard, PLLC 1020 N Washington Street Spokane, WA 99201 Telephone: (425) 239-7290 TJarrard@att.net 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER - 15

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