Lohr v. Nissan North America, Inc et al

Filing 65

STIPULATED SUPPLEMENT TO PROTECTIVE ORDER 54 signed by Judge Ricardo S Martinez. (PM)

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THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TAMARA LOHR and RAVIKIRAN SINDOGI,
on behalf of themselves and all others similarly
situated,

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Case No. 2:16-cv-01023-RSM
STIPULATED SUPPLEMENT TO
PROTECTIVE ORDER

Plaintiffs,
v.
NISSAN NORTH AMERICA, INC., and
NISSAN MOTOR CO., LTD.,
Defendants.

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Pursuant to L.R. 26(c) and the parties’ agreement, this Court’s Protective Order (Dkt. 54) is
hereby supplemented as follows:
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Confidential material, as defined in the Protective Order entered in this matter (Dkt 54)

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(“the Order”), must be stored and maintained by a Receiving Party at a location and in a secure

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manner that ensures that access is limited to the persons authorized under the Order. Receiving

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Parties shall exercise the same care with regard to the storage, custody, or use of confidential material

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as they would apply to their own material of the same or comparable confidentiality and

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sensitivity. Receiving Parties must take reasonable precautions to protect confidential material from

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STIPULATED SUPPLEMENT
CASE NO.: 2:16-cv-01023-RSM
403201 v1

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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loss, misuse and unauthorized access, disclosure, alteration and destruction, including but not limited

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to:

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(a)

Confidential material in electronic form shall be maintained in a secure

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litigation support site that applies standard industry practices regarding data security, including but

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not limited to application of access control rights to those persons entitled to access confidential

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material under the Order;

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(b)

A list of current and former authorized users of the Receiving Party’s litigation

support site shall be maintained while this litigation, including any appeals, is pending;
(c)

Any confidential material downloaded from the litigation support site in

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electronic format shall be stored only on devices (e.g., laptop, tablet, smartphone, USB drive) that are

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password protected and/or encrypted with access limited to persons entitled to access confidential

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material under the Order. If the user is unable to password protect and/or encrypt the device, then

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the confidential material shall be password protected and/or encrypted at the file level;

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(d)

Confidential material in paper format is to be maintained in the Receiving

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Party’s counsel’s law offices or comparably secure location, with access limited to persons entitled

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to access Protected Information under the Order; and;

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(e)

If a data breach occurs or a Receiving Party reasonably believes a breach may

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have occurred, Receiving Party shall immediately report such incident to the Designating Party,

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describe the confidential material accessed without authorization, and use best efforts to return to the

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Designating Party confidential material copied or removed. In such event, the Receiving Party shall

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immediately take such actions as Designating Party shall request in good faith to remediate the breach,

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to preclude further breaches, and to address publicity regarding the breach, and in any event take such

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actions as are required by applicable laws, including privacy laws. After notification, the Receiving

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Party shall keep the Designating Party informed of remediation efforts.    

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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RESPECTFULLY SUBMITTED AND DATED this 29th day of March 2018.

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STIPULATED SUPPLEMENT
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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TERRELL MARSHALL LAW GROUP
PLLC
Attorneys for Plaintiffs

SHOOK HARDY & BACON L.L.P.
Attorneys for Defendant Nissan North America,
Inc.

By:
/s/ Beth E. Terrell
Beth E. Terrell, WSBA #26759
Amanda M. Steiner, WSBA #29147
Benjamin M. Drachler, WSBA #51021
Terrell Marshall Law Group PLLC
936 North 34th Street, Ste. 300
Seattle, WA 98103-8869
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

By: __/s/ Heather A. Hedeen______
Holly Pauling Smith, Pro Hac Vice
William R. Sampson, Pro Hac Vice
SHOOK HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, MO 64108
Phone: [phone]
[e-mail]
[e-mail]

Gregory F. Coleman, Pro Hac Vice
Mark E. Silvey, Pro Hac Vice
Lisa A. White, Pro Hac Vice
GREG COLEMAN LAW PC
First Tennessee Plaza
800 South Gay Street, Suite 1100
Knoxville, TN, 37929
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Amir Nassihi, Pro Hac Vice
Andrew L. Chang, Pro Hac Vice
SHOOK HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, CA 94104
Phone: [phone]
[e-mail]
[e-mail]
Heather A. Hedeen, WSBA #50687
SHOOK HARDY & BACON L.L.P.
701 Fifth Avenue, Suite 6800
Seattle, WA 98104
Phone: [phone]
[e-mail]

Charles J. Crueger, Pro Hac Vice
Erin Dickinson, Pro Hac Vice
CRUEGER DICKINSON LLC
4532 N. Oakland Avenue
Whitefish Bay, WI 53211
Phone: [phone]
[e-mail]
[e-mail]
Edward A. Wallace, Pro Hac Vice
WEXLER WALLACE LLP
55 Monroe Street, STE 3300
Chicago, IL 60603
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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STIPULATED SUPPLEMENT
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated this 2 day of April 2018.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED SUPPLEMENT
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700