Bolding et al v. Banner Bank
Filing
103
STIPULATED PROTECTIVE ORDER re parties' 95 Stipulated MOTION for a Protective Order signed by Judge Robert S. Lasnik. (TH)
1
The Honorable Robert S. Lasnik
2
3
4
5
6
7
8
9
10
11
12
13
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
KELLY BOLDING and MICHAEL
MANFREDI, individually and on behalf of a
class of all others similarly situated,
Plaintiffs,
14
v.
No. C17-0601RSL
STIPULATED PROTECTIVE
ORDER
15
16
17
BANNER BANK, a Washington Corporation,
Defendant.
18
19
20
21
22
23
24
25
1. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection may be warranted.
Accordingly, the parties stipulate to and enter into the following agreement regarding
discovery, which the parties respectfully ask the court to enter as a Stipulated Protective
Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It
does not confer blanket protection on all disclosures or responses to discovery, the
26
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 1
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
protection it affords from public disclosure and use extends only to the limited
information or items that are entitled to confidential treatment under applicable legal
principles, and it does not presumptively entitle parties to file confidential information
under seal.
2. “CONFIDENTIAL” MATERIAL
“Confidential” material shall include the following documents, data, and tangible
things produced or otherwise exchanged:
a) compensation and overtime plans, along with documents discussing those
plans to the extent they contain private information relating to individual
10
employees, or other information Banner believes is proprietary;
11
12
b) policies and procedures regarding commissions, overtime, or other
compensation earned by or paid to employees to the extent they contain
13
private information relating to individual employees or information Banner
14
believes is proprietary;
15
16
c) personally identifying information of the producing party or the producing
party’s employees or customers, including but not limited to proprietary
17
customer information;
18
19
d) private data regarding commissions, overtime, or other compensation earned
by or paid to individual employees, or other information that is proprietary;
20
21
e) data reflecting sales of loan services, including but not limited to information
about the volume and types of sales, sales leads, sales incentives, or sales
22
goals;
23
24
25
26
f)
non-public customer account information, including but not limited to
customers’ names, dates of birth, drivers’ license numbers, social security
numbers, addresses, telephone numbers, account numbers, routing numbers,
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 2
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
mortgage or other loan numbers, mortgage loan applications, background
2
checks, credit scores and reports, financial or asset statements or information,
3
tax returns or tax-related forms like W-2s, account balances, and the like;
4
5
g) proprietary information about the producing party’s computer information
systems (including but not limited to systems and applications used in
6
managing commission, overtime, and other compensation functions), general
7
hardware and software specifications, and related instructions and training
8
information;
9
10
11
12
h) proprietary employee training and evaluation materials;
i)
employee personnel files;
j)
the financial books and records of the producing party and information
pertaining to those financial books and records;
13
14
k) information that the producing party has regarding its customers and its
competitors;
15
16
17
18
19
20
21
22
23
24
25
26
l)
the producing party’s contracts with suppliers, vendors, customers,
contractors, subcontractors;
m) any information that the producing party is obligated by contract or state or
federal law to keep confidential; and
n) any other information the producing party’s business competitors could use to
obtain a business or legal advantage over the producing party.
3. SCOPE
The protections conferred by this agreement cover not only confidential
material (as defined above) but also (1) any information copied or extracted from
confidential material; (2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any briefs, memoranda, testimony, conversations, or
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 3
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
presentations by parties or their counsel that might reveal confidential material. As an
exception, the protections conferred by this agreement do not cover information that is in
the public domain or becomes part of the public domain through trial or otherwise.
However, the foregoing exception does not apply to information that is or becomes part
of the public domain because of an illegal, wrongful, unlawful, negligent, or otherwise
unauthorized act or omission of a person other than the designating party.
4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1
Basic Principles. A receiving party may use confidential material that is
disclosed or produced by another party or by a non-party in connection with this case
only for prosecuting, defending, or attempting to settle this litigation. Confidential
material may be disclosed only to the categories of persons and under the conditions
described in this agreement. Plaintiff’s counsel agrees to redact Confidential Material as
defined in section 2(f) from any document produced by Defendant prior to submitting the
document as an exhibit during any deposition or filing the document with the Court.
Plaintiff’s counsel further agrees that, to the extent they disclose Confidential Material to
persons listed in section 4.2, including to FLSA opt-in Plaintiffs, putative Rule 23 class
members, non-party witnesses, and experts or consultants, they will require those persons
to sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A) before viewing
documents. 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.
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 confidential material only to:
(a)
the receiving party’s and designating party’s counsel of record in
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 4
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
this action (including in-house counsel and legal department staff of any party), as well as
employees of counsel to whom it is reasonably necessary to disclose the information for
this litigation;
(b)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
a party, the officers, directors, and employees of the receiving
party to whom disclosure is reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced is for Attorney’s Eyes Only and is
so designated;
(c)
experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the “Acknowledgment and Agreement
to Be Bound” (Exhibit A);
(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 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;
(f)
Non-partywitnesses in the action to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A), unless otherwise agreed by the designating party or ordered by the court.
Pages of transcribed deposition testimony or exhibits to depositions that reveal
confidential material must be separately bound by the court reporter and may not be
disclosed to anyone except as permitted under this agreement;
(g)
the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information.
(h)
the videographer who videotapes Confidential Information at a
deposition in this litigation;
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 5
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
(i)
2
3
and personnel of said mediator or discovery referee;
(j)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
any mediator or discovery referee in this litigation, and employees
4.3
any other individual agreed to in writing by the designating party.
Filing Confidential Material. Before filing confidential material or
discussing or referencing such material in court filings, the filing party shall confer 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. Local Civil Rule 5(g) sets forth the
procedures that must be followed and the standards that will be applied when a party
seeks permission from the court to file material under seal.
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 this
agreement must take care to limit any such designation to specific material that qualifies
under the appropriate standards. The designating party must designate for protection
only those parts of material, documents, items, or oral or written communications that
qualify, so that other portions of the material, documents, 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 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 designating party to
sanctions.
If it comes to a designating party’s attention that information or items that it
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 6
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
designated for protection do not qualify for protection, the designating party must
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 otherwise stipulated
or ordered, disclosure or discovery material that qualifies for protection under this
agreement must be clearly so designated before or when the material is disclosed or
produced.
(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
“CONFIDENTIAL” to each page that contains confidential material. If only a portion or
portions of the material on a page qualifies for protection, the designating party also must
clearly identify the protected portion(s) (e.g., by making appropriate markings in the
margins); provided, however, that a party may designate documents produced in this
matter as “CONFIDENTIAL” on a family level (e.g., an email and its attachment(s)) in
order to reduce cost and burden during the review and production process.
(b)
Testimony given in deposition or in other pretrial proceeding: 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 party or nonparty 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 confidential information at trial,
the issue should be addressed during the pre-trial conference.
(c)
Other tangible items: the producing party must affix in a
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 7
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
prominent place on the exterior of the container or containers in which the information or
item is stored the word “CONFIDENTIAL.” If only a portion or portions of the
information or item warrant protection, the producing party, to the 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 the
designating party’s right to secure protection under this agreement for such material.
Upon timely correction of a designation, the receiving party must make reasonable efforts
to ensure that the material is treated in accordance with the provisions of this agreement.
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any party or non-party may challenge a
designation of confidentiality at any time. Unless a prompt challenge to a designating
party’s confidentiality designation is necessary to avoid foreseeable, substantial
unfairness, unnecessary economic burdens, or a significant disruption or delay of the
litigation, a party does not waive its right to challenge a confidentiality designation by
electing not to mount a challenge promptly after the original designation is disclosed.
6.2
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 certification,
in the motion or in a declaration or affidavit, that the movant has engaged in a good faith
meet and confer conference with other affected parties in an effort to resolve the dispute
without court action. The certification must list the date, manner, and participants to the
conference. A good faith effort to confer requires a face-to-face meeting or a telephone
conference.
6.3
Judicial Intervention. If the parties cannot resolve a challenge without
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 8
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
court intervention, the designating party may file and serve a motion to retain
confidentiality under Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if
applicable). The burden of persuasion in any such motion shall be on the designating
party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or
impose unnecessary expenses and burdens on other parties) may expose the challenging
party to sanctions. All parties shall continue to maintain the material in question as
confidential until the court rules on the challenge.
7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any information or items designated in this action as
“CONFIDENTIAL,” that party must:
(a)
promptly notify the designating party in writing and include a copy
of the subpoena or court order;
(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 the
subpoena or order is subject to this agreement. Such notification shall include a copy of
this agreement; and
(c)
cooperate with respect to all reasonable procedures sought to be
pursued by the designating party whose confidential material may be affected.
8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a receiving party learns that, by inadvertence or otherwise, it has disclosed
confidential material to any person or in any circumstance not authorized under this
agreement, the receiving party must immediately (a) notify in writing the designating
party of the unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 9
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
copies of the protected material; (c) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this agreement; 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
PROTECTED MATERIAL
When a producing party gives notice to receiving parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of
the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B)
and Section 12 of the Combined Joint Status Report and Discovery Plan [Dkt. 14]. This
provision is not intended to modify whatever procedure may be established in an ediscovery order or agreement that 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
Within 60 days after the termination of this action, including all appeals, each
receiving party must certify destruction of all confidential material to the producing
party, including all copies, extracts and summaries thereof.
Notwithstanding this provision, counsel are entitled to retain one archival copy of
the case file, including all documents filed with the Court, trial, deposition, and hearing
transcripts, correspondence, deposition and trial exhibits, expert reports, attorney work
product, and consultant and expert work product, even if such materials contain
confidential material; and counsel may certify that confidential material attached to email
and stored in counsel’s email systems will continue to be maintained securely and
consistent with the provisions of this Order.
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 10
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
2
3
4
5
6
7
8
9
10
11
12
13
14
The confidentiality obligations imposed by this agreement shall remain in effect
until a designating party agrees otherwise in writing or a court orders otherwise.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED this 11th day of July, 2018
THE BLANKENSHIP LAW FIRM, P.S.
Attorneys for Plaintiffs
By: s/ Scott C. G. Blankenship
Scott C. G. Blankenship, WSBA #21431
Richard E. Goldsworthy, WSBA #40684
Charlotte S. Sanders, WSBA #45051
1000 Second Avenue, Suite 3250
Seattle, WA 98104
P: (206) 343-2700
F: (206) 343-2704
E: sblankenship@blankenshiplawfirm.com
rgoldsworthy@blankenshiplawfirm.com
csanders@blankenshiplawfirm.com
15
16
DATED this 11th day of July, 2018
DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendant Banner Bank
By: s/ Ryan Hess
Kenneth E. Payson, WSBA #26369
Sheehan Sullivan Weiss, WSBA
#33189
Ryan Hess, WSBA #50738
Laura-Lee Williams, WSBA #51358
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
P: (206) 622-3150
F: (206) 757-7700
E: kennethpayson@dwt.com
sheehansullivanweiss@dwt.com
ryanhess@dwt.com
lauraleewilliams@dwt.com
17
18
19
20
21
22
23
24
25
26
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 11
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
ORDER
2
3
4
5
6
7
8
9
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
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 attorneyclient privilege, attorney work-product protection, or any other privilege or protection
recognized by law.
10
11
DATED: July 27, 2018
12
13
ALASNIK
JUDGE ROBERT S.
14
United States District Court Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 12
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
1
EXHIBIT A
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _________________________ [print or type full name], of _______________
[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 the Western District of Washington on ______________ in the case of
Kelly Bolding and Michael Manfredi v. Banner Bank, C17-0601RSL. I agree to comply
with and to be bound by all the terms of 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 that is subject to this Stipulated Protective Order to any person or
entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for
the Western District of Washington for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.
18
19
20
21
22
Date: _______________________
City and State where Sworn and Signed: ________________________
Printed name: _____________________
Signature: ______________________
23
24
25
26
27
Davis Wright Tremaine LLP
STIPULATED PROTECTIVE ORDER - 13
4844-2145-6236v.2 0058243-000340
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?