RJB Wholesale, Inc v. Castleberry et al

Filing 34


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HONORABLE MARSHA J. PECHMAN 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE RJB WHOLESALE, INC., a Washington corporation, Plaintiff, 10 11 12 13 NO. 2:16-cv-1829 STIPULATION AND PROTECTIVE ORDER REGARDING NORTH AMERICAN PIPE & STEEL CORP. vs. JEFFREY CASTLEBERRY and JANE DOE CASTLEBERRY, husband and wife and their marital community, Defendants. 14 15 16 STIPULATION Plaintiff RJB Wholesale, Inc. (“RJB”), defendant Jeffrey Castleberry (“Castleberry”), 17 and North American Pipe & Steel Corp. (“NAPSteel”), by and through their counsel of record, 18 stipulate and agree as follows: 19 1. Purpose of Stipulation. On February 23, 2017, the Court entered the Stipulation 20 and Protective Order (“First Protective Order“) attached hereto. The First Protective Order 21 sets forth detailed requirements and procedures for protecting the confidentiality of documents 22 23 24 and information of RJB and Castleberry’s current employer, NAP Steel. Because RJB and STIPULATION AND PROTECTIVE ORDER Case #2:16-cv-1829 - Page 1 735226.1 - 364901 -0002 1 NAPSteel, may, at times, be competitors, the Protective Order was entered to ensure that their 2 respective confidential business information is protected from misuse for anticompetitive 3 purposes. Although NAPSteel’s documents and information may be designated as “Protected 4 Materials” under that Protective Order, NAPSteel was not a signing party. 5 6 7 8 NAPSteel objected to a Subpoena Duces Tecum served by RJB on the grounds that certain requests seek NAPSteel’s confidential and proprietary information, including customer information and sales practices. This Second Protective Order is intended to protect the confidentiality of documents and information produced by NAPSteel, while ensuring that the parties can pursue discovery and litigation with a minimum amount of burden, expense. RJB 9 may need to introduce its confidential information during discovery with NAPSteel, or with 10 NAPSteel witnesses at trial. Therefore, the parties agree this Second Protective Order is 11 necessary to protect the confidential information of NAPSteel and RJB. 12 2. Protected Material. In the event NAPSteel determines in good faith that a 13 document, pleading or other information responsive to a request for discovery is confidential 14 or proprietary and entitled to special protection, NAPSteel may in good faith designate such 15 16 17 18 19 20 documents, pleadings or other information as “Protected Material” in the manner set forth in paragraph 2 of the First Protective Order. 3. Incorporation of First Protective Order. For purposes of discovery and litigation proceedings involving NAPSteel, the parties hereby incorporate and agree to be bound by the requirements and provisions of paragraphs 2-16 on the First Protective Order. 4. Access to Confidential Documents. For purposes of paragraph 7 (“Access to 21 Confidential Documents”) and paragraph 8 (“Access to Highly Confidential Documents”), the 22 term “parties” or “party” shall mean the named parties in this litigation, RJB and Castleberry. 23 24 STIPULATION AND PROTECTIVE ORDER Case #2:16-cv-1829 - Page 2 735226.1 - 364901 -0002 1 RJB and NAPSteel stipulate that the NAPSteel’s Controller, David Fairley, or his successor, 2 shall be authorized to receive any Protected Materials marked as Highly Confidential that RJB 3 specifically designates to facilitate NAPSteel’s discovery responses, conditioned upon his 4 execution of a Non-Disclosure Certification pursuant to paragraph 10 of the First Protective 5 Order, in the form attached hereto as Exhibit A. 6 7 8 5. Authorization. The undersigned counsel hereby warrant and represent that they are authorized by their clients to enter into this Stipulation and Protective Order. DATED: April 4, 2018 INSLEE, BEST, DOEZIE & RYDER, P.S. 9 10 By /s/ Richard A. Bersin Richard A. Bersin, WSBA #7178 Email: rbersin@insleebest.com Curtis J. Chambers, WSBA #42984 Email: cchambers@insleebest.com 10900 NE 4th Street, Suite 1500 Bellevue, WA 98004 Tel: 425-455-1234 / Fax: 425-635-7720 Attorneys for Plaintiff 11 12 13 14 15 DATED: April 4, 2018 STOEL RIVES, LLP 16 By: /s/ Karin D. Jones Karin D. Jones, WSBA No. 42406 karin.jones@stoel.com Christopher T. Wall, WSBA No. 45873 christopher.wall@stoel.com 600 University Street, Suite 3600 Seattle, WA 98101 Attorneys for Defendant 17 18 19 20 21 22 23 24 STIPULATION AND PROTECTIVE ORDER Case #2:16-cv-1829 - Page 3 735226.1 - 364901 -0002 1 ORDER 2 The above Stipulation and Protective Order of the parties is hereby approved and 3 4 adopted as an Order of this Court. DATED this 10th day of April, 2018 5 A 6 Marsha J. Pechman United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATION AND PROTECTIVE ORDER Case #2:16-cv-1829 - Page 4 735226.1 - 364901 -0002

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