Mainz Brady Group, Inc v. Shown

Filing 24

STIPULATED PROTECTIVE ORDER re parties' #23 Stipulated Motion, by Judge Marsha J. Pechman. (SWT)

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Hon. Marsha J. Pechman 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 MAINZ BRADY GROUP, INC., a California corporation, No. C17-670 MJP STIPULATED PROTECTIVE ORDER 10 Plaintiff, 11 v. 12 SHANE SHOWN, 13 Defendant. 14 15 16 1. PURPOSES AND LIMITATIONS 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 following Stipulated Protective Order. The parties acknowledge that this 21 agreement does not confer blanket protection on all disclosures or responses to 22 discovery, the protection it affords from public disclosure and use extends only to 23 the limited information or items that are entitled to confidential treatment under the 24 applicable legal principles, and it does not presumptively entitle parties to file 25 confidential information under seal. 26 STIPULATED PROTECTIVE ORDER - 1 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 2. “Confidential” material shall include the following documents and tangible 2 3 “CONFIDENTIAL” MATERIAL things produced or otherwise exchanged: 4 1. contract documents; 5 2. personnel and salary records; 6 3. information protected from disclosure by statute or other legal obligations; 7 8 4. trade secrets of a party or non-party; 9 5. non-public financial or other sensitive business or commercial 10 information, including but not limited to business or strategic plans; 11 internal cost, budget, productivity, and revenue tracking reporting 12 information; customer information and preferences; proprietary business 13 methods or techniques; proprietary templates, forms, or other documents 14 developed by the parties; and 6. any other sensitive, confidential, proprietary, or trade secret documents or 15 information that may be the target of discovery in this action. 16 17 3. SCOPE 18 The protections conferred by this agreement cover not only confidential 19 material (as defined above), but also (1) any information copied or extracted from 20 confidential material; (2) all copies, excerpts, summaries, or compilations of 21 confidential material; and (3) any testimony, conversations, or presentations by 22 parties or their counsel that might reveal confidential material. 23 However, the protections conferred by this agreement do not cover 24 information that is in the public domain or becomes part of the public domain 25 through trial or otherwise. 26 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL STIPULATED PROTECTIVE ORDER - 2 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 4.1 Basic Principles. A receiving party may use confidential material that 2 is disclosed or produced by another party or by a non-party in connection with this 3 case only for prosecuting, defending, or attempting to settle this litigation. 4 Confidential material may be disclosed only to the categories of persons and under 5 the conditions described in this agreement. Confidential material must be stored 6 and maintained by a receiving party at a location and in a secure manner that 7 ensures that access is limited to the persons authorized under this agreement. 8 9 10 11 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: (a) the receiving party’s counsel of record in this action, as well as 12 employees of counsel to whom it is reasonably necessary to disclose the 13 information for this litigation; 14 (b) the officers, directors, and employees (including in house 15 counsel) of the receiving party to whom disclosure is reasonably necessary for this 16 litigation, unless the parties agree that a particular document or material produced 17 is for Attorney’s Eyes Only and is so designated; 18 (c) experts and consultants to whom disclosure is reasonably 19 necessary for this litigation and who have signed the “Acknowledgment and 20 Agreement to Be Bound” (Exhibit A); 21 (d) the court, court personnel, and court reporters and their staff; 22 (e) copy or imaging services retained by counsel to assist in the 23 duplication of confidential material, provided that counsel for the party retaining 24 the copy or imaging service instructs the service not to disclose any confidential 25 material to third parties and to immediately return all originals and copies of any 26 confidential material; STIPULATED PROTECTIVE ORDER - 3 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 (f) 1 during their depositions, witnesses in the action to whom 2 disclosure is reasonably necessary and who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating 4 party or ordered by the court. Pages of transcribed deposition testimony or exhibits 5 to depositions that reveal confidential material must be separately bound by the 6 court reporter and may not be disclosed to anyone except as permitted under this 7 agreement; (g) 8 9 10 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 4.3 11 Filing Confidential Material. Before filing confidential material or 12 discussing or referencing such material in court filings, the filing party shall confer 13 with the designating party to determine whether the designating party will remove 14 the confidential designation, whether the document can be redacted, or whether a 15 motion to seal or stipulation and proposed order is warranted. 16 5. 17 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 18 Each party or non-party that designates information or items for protection under 19 this agreement must take care to limit any such designation to specific material that 20 qualifies under the appropriate standards. The designating party must designate for 21 protection only those parts of material, documents, items, or oral or written 22 communications that qualify, so that other portions of the material, documents, 23 items, or communications for which protection is not warranted are not swept 24 unjustifiably within the ambit of this agreement. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper STIPULATED PROTECTIVE ORDER - 4 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 purpose (e.g., to unnecessarily encumber or delay the case development process or 2 to impose unnecessary expenses and burdens on other parties) expose the 3 designating party to sanctions. 4 If it comes to a designating party’s attention that information or items that it 5 designated for protection do not qualify for protection, the designating party must 6 promptly notify all other parties that it is withdrawing the mistaken designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 this agreement (see, e.g., second paragraph of section 5.2(a) below), or as 9 otherwise stipulated or ordered, disclosure or discovery material that qualifies for 10 protection under this agreement must be clearly so designated before or when the 11 material is disclosed or produced. (a) 12 Information in documentary form: (e.g., paper or electronic 13 documents and deposition exhibits, but excluding transcripts of depositions or 14 other pretrial or trial proceedings), the designating party must affix the word 15 “CONFIDENTIAL” to each page that contains confidential material. (b) 16 Testimony given in deposition or in other pretrial proceedings: 17 the parties and any participating non-parties must identify on the record, during the 18 deposition or other pretrial proceeding, all protected testimony, without prejudice 19 to their right to so designate other testimony after reviewing the transcript. Any 20 party or non-party may, within thirty (30) days after receiving the transcript of the 21 deposition or other pretrial proceeding, designate portions of the transcript, or 22 exhibits thereto, as confidential. 23 confidential information at trial, the issue should be addressed during the pre-trial 24 conference. 25 26 (c) If a party or non-party desires to protect Other tangible items: the producing party must affix in a prominent place on the exterior of the container or containers in which the STIPULATED PROTECTIVE ORDER - 5 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 information or item is stored the word “CONFIDENTIAL.” If only a portion or 2 portions of the information or item warrant protection, the producing party, to the 3 extent practicable, shall identify the protected portion(s). 5.3 4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the designating party’s right to secure protection under this agreement for such 7 material. Upon timely correction of a designation, the receiving party must make 8 reasonable efforts to ensure that the material is treated in accordance with the 9 provisions of this agreement. 10 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a 12 designation of confidentiality at any time. Unless a prompt challenge to a 13 designating party’s confidentiality designation is necessary to avoid foreseeable, 14 substantial unfairness, unnecessary economic burdens, or a significant disruption 15 or delay of the litigation, a party does not waive its right to challenge a 16 confidentiality designation by electing not to mount a challenge promptly after the 17 original designation is disclosed. 18 6.2 Meet and Confer. The parties must make every attempt to resolve any 19 dispute regarding confidential designations without court involvement. Any motion 20 regarding confidential designations or for a protective order must include a 21 certification, in the motion or in a declaration or affidavit, that the movant has 22 engaged in a good faith meet and confer conference with other affected parties in 23 an effort to resolve the dispute without court action. The certification must list the 24 date, manner, and participants to the conference. A good faith effort to confer 25 requires a face-to-face meeting or a telephone conference. 26 STIPULATED PROTECTIVE ORDER - 6 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this action as 5 “CONFIDENTIAL,” that party must: (a) 6 7 promptly notify the designating party in writing and include a copy of the subpoena or court order; (b) 8 promptly notify in writing the party who caused the subpoena 9 or order to issue in the other litigation that some or all of the material covered by 10 the subpoena or order is subject to this agreement. Such notification shall include a 11 copy of this agreement; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the designating party whose confidential material may be affected. 14 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a receiving party learns that, by inadvertence or otherwise, it has disclosed 16 confidential material to any person or in any circumstance not authorized under 17 this agreement, the receiving party must immediately (a) notify in writing the 18 designating party of the unauthorized disclosures, (b) use its best efforts to retrieve 19 all unauthorized copies of the protected material, (c) inform the person or persons 20 to whom unauthorized disclosures were made of all the terms of this agreement, 21 and (d) request that such person or persons execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 9. 24 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 When a producing party gives notice to receiving parties that certain 26 inadvertently produced material is subject to a claim of privilege or other STIPULATED PROTECTIVE ORDER - 7 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 protection, the obligations of the receiving parties are those set forth in Federal 2 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 3 whatever procedure may be established in an e-discovery order or agreement that 4 provides for production without prior privilege review. The parties 5 entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein. 6 10. agree to the NON TERMINATION AND RETURN OF DOCUMENTS 7 Within 60 days after the termination of this action, including all appeals, 8 each receiving party must return all confidential material to the producing party, 9 including all copies, extracts and summaries thereof. Alternatively, the parties may 10 agree upon appropriate methods of destruction. 11 Notwithstanding this provision, counsel are entitled to retain one archival 12 copy of all documents filed with the court, trial, deposition, and hearing transcripts, 13 correspondence, deposition and trial exhibits, expert reports, attorney work 14 product, and consultant and expert work product, even if such materials contain 15 confidential material. 16 The confidentiality obligations imposed by this agreement shall remain in 17 effect until a designating party agrees otherwise in writing or a court orders 18 otherwise. The parties agree that this Court shall retain jurisdiction of this action 19 after its conclusion for the purpose of enforcing the terms of this Protective Order. 20 21 22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: 23 24 DATED: 25 26 Attorneys for Plaintiff Attorneys for Defendant PURSUANT TO STIPULATION, IT IS SO ORDERED STIPULATED PROTECTIVE ORDER - 8 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the 2 production of any documents in this proceeding shall not, for the purposes of this 3 proceeding or any other proceeding in any other court, constitute a waiver by the 4 producing party of any privilege applicable to those documents, including the 5 attorney-client privilege, attorney work-product protection, or any other privilege 6 or protection recognized by law. 7 8 DATED: September 21, 2017. 9 10 A 11 Marsha J. Pechman United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER - 9 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ____________________________________ [print or type full name], of 4 ____________________________________ [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Western District of Washington on [date] in the case of Mainz Brady Group, 8 Inc. v. Shane Shown, U.S. District Court of Washington, Western District, Case 9 No. 2:17-cv-00670 RAJ. I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to 11 so comply could expose me to sanctions and punishment in the nature of contempt. 12 I solemnly promise that I will not disclose in any manner any information or item 13 that is subject to this Stipulated Protective Order to any person or entity except in 14 strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Western District of Washington for the purpose of enforcing the 17 terms of this Stipulated Protective Order, even if such enforcement proceedings 18 occur after termination of this action. 19 Date: 20 City and State where sworn and signed: 21 Printed name: 22 Signature: 23 24 25 26 STIPULATED PROTECTIVE ORDER - 10 STOEL RIVES LLP 93700086.2 0070812- 00009 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900

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