Mainz Brady Group, Inc v. Shown

Filing 24

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

Hon. Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MAINZ BRADY GROUP, INC., a
California corporation,

No. C17-670 MJP
STIPULATED PROTECTIVE ORDER

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Plaintiff,
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v.
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SHANE SHOWN,
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Defendant.
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PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection may be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the

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following Stipulated Protective Order. The parties acknowledge that this

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agreement does not confer blanket protection on all disclosures or responses to

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discovery, the protection it affords from public disclosure and use extends only to

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the limited information or items that are entitled to confidential treatment under the

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applicable legal principles, and it does not presumptively entitle parties to file

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confidential information under seal.

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STIPULATED PROTECTIVE ORDER - 1
STOEL RIVES LLP

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ATTORNEYS
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2.

“Confidential” material shall include the following documents and tangible

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“CONFIDENTIAL” MATERIAL

things produced or otherwise exchanged:

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1. contract documents;

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2. personnel and salary records;

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3. information protected from disclosure by statute or other legal
obligations;

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4. trade secrets of a party or non-party;

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5. non-public financial or other sensitive business or commercial

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information, including but not limited to business or strategic plans;

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internal cost, budget, productivity, and revenue tracking reporting

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information; customer information and preferences; proprietary business

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methods or techniques; proprietary templates, forms, or other documents

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developed by the parties; and
6. any other sensitive, confidential, proprietary, or trade secret documents or

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information that may be the target of discovery in this action.

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3.

SCOPE

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The protections conferred by this agreement cover not only confidential

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material (as defined above), but also (1) any information copied or extracted from

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confidential material; (2) all copies, excerpts, summaries, or compilations of

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confidential material; and (3) any testimony, conversations, or presentations by

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parties or their counsel that might reveal confidential material.

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However, the protections conferred by this agreement do not cover

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information that is in the public domain or becomes part of the public domain

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through trial or otherwise.

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4.

ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

STIPULATED PROTECTIVE ORDER - 2
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ATTORNEYS
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4.1

Basic Principles. A receiving party may use confidential material that

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is disclosed or produced by another party or by a non-party in connection with this

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case only for prosecuting, defending, or attempting to settle this litigation.

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Confidential material may be disclosed only to the categories of persons and under

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the conditions described in this agreement. Confidential material must be stored

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and maintained by a receiving party at a location and in a secure manner that

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ensures that access is limited to the persons authorized under this agreement.

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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

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employees of counsel to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

the officers, directors, and employees (including in house

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counsel) of the receiving party to whom disclosure is reasonably necessary for this

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litigation, unless the parties agree that a particular document or material produced

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is for Attorney’s Eyes Only and is so designated;

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(c)

experts and consultants to whom disclosure is reasonably

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necessary for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(d)

the court, court personnel, and court reporters and their staff;

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(e)

copy or imaging services retained by counsel to assist in the

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duplication of confidential material, provided that counsel for the party retaining

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the copy or imaging service instructs the service not to disclose any confidential

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material to third parties and to immediately return all originals and copies of any

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confidential material;
STIPULATED PROTECTIVE ORDER - 3
STOEL RIVES LLP

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ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
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(f)

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during their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating

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party or ordered by the court. Pages of transcribed deposition testimony or exhibits

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to depositions that reveal confidential material must be separately bound by the

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court reporter and may not be disclosed to anyone except as permitted under this

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agreement;
(g)

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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

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Filing Confidential Material. Before filing confidential material or

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discussing or referencing such material in court filings, the filing party shall confer

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with the designating party to determine whether the designating party will remove

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the confidential designation, whether the document can be redacted, or whether a

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motion to seal or stipulation and proposed order is warranted.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each party or non-party that designates information or items for protection under

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this agreement must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The designating party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify, so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper
STIPULATED PROTECTIVE ORDER - 4
STOEL RIVES LLP

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ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
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purpose (e.g., to unnecessarily encumber or delay the case development process or

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to impose unnecessary expenses and burdens on other parties) expose the

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designating party to sanctions.

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If it comes to a designating party’s attention that information or items that it

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designated for protection do not qualify for protection, the designating party must

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promptly notify all other parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this agreement (see, e.g., second paragraph of section 5.2(a) below), or as

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otherwise stipulated or ordered, disclosure or discovery material that qualifies for

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protection under this agreement must be clearly so designated before or when the

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material is disclosed or produced.
(a)

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Information in documentary form: (e.g., paper or electronic

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documents and deposition exhibits, but excluding transcripts of depositions or

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other pretrial or trial proceedings), the designating party must affix the word

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“CONFIDENTIAL” to each page that contains confidential material.
(b)

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Testimony given in deposition or in other pretrial proceedings:

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the parties and any participating non-parties must identify on the record, during the

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deposition or other pretrial proceeding, all protected testimony, without prejudice

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to their right to so designate other testimony after reviewing the transcript. Any

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party or non-party may, within thirty (30) days after receiving the transcript of the

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deposition or other pretrial proceeding, designate portions of the transcript, or

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exhibits thereto, as confidential.

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confidential information at trial, the issue should be addressed during the pre-trial

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conference.

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(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 [phone]

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information or item is stored the word “CONFIDENTIAL.” If only a portion or

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portions of the information or item warrant protection, the producing party, to the

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extent practicable, shall identify the protected portion(s).
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Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the designating party’s right to secure protection under this agreement for such

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material. Upon timely correction of a designation, the receiving party must make

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reasonable efforts to ensure that the material is treated in accordance with the

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provisions of this agreement.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any party or non-party may challenge a

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designation of confidentiality at any time. Unless a prompt challenge to a

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designating party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption

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or delay of the litigation, a party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. The parties must make every attempt to resolve any

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dispute regarding confidential designations without court involvement. Any motion

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regarding confidential designations or for a protective order must include a

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certification, in the motion or in a declaration or affidavit, that the movant has

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engaged in a good faith meet and confer conference with other affected parties in

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an effort to resolve the dispute without court action. The certification must list the

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date, manner, and participants to the conference. A good faith effort to confer

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requires a face-to-face meeting or a telephone conference.

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STIPULATED PROTECTIVE ORDER - 6
STOEL RIVES LLP

93700086.2 0070812- 00009

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” that party must:
(a)

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promptly notify the designating party in writing and include a

copy of the subpoena or court order;
(b)

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promptly notify in writing the party who caused the subpoena

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or order to issue in the other litigation that some or all of the material covered by

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the subpoena or order is subject to this agreement. Such notification shall include a

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copy of this agreement; and

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(c)

cooperate with respect to all reasonable procedures sought to be

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pursued by the designating party whose confidential material may be affected.

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8.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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confidential material to any person or in any circumstance not authorized under

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this agreement, the receiving party must immediately (a) notify in writing the

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designating party of the unauthorized disclosures, (b) use its best efforts to retrieve

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all unauthorized copies of the protected material, (c) inform the person or persons

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to whom unauthorized disclosures were made of all the terms of this agreement,

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and (d) request that such person or persons execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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9.

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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When a producing party gives notice to receiving parties that certain

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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
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protection, the obligations of the receiving parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order or agreement that

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provides for production without prior privilege review. The parties

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entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.

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10.

agree to the

NON TERMINATION AND RETURN OF DOCUMENTS

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Within 60 days after the termination of this action, including all appeals,

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each receiving party must return all confidential material to the producing party,

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including all copies, extracts and summaries thereof. Alternatively, the parties may

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agree upon appropriate methods of destruction.

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Notwithstanding this provision, counsel are entitled to retain one archival

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copy of all documents filed with the court, trial, deposition, and hearing transcripts,

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correspondence, deposition and trial exhibits, expert reports, attorney work

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product, and consultant and expert work product, even if such materials contain

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confidential material.

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The confidentiality obligations imposed by this agreement shall remain in

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effect until a designating party agrees otherwise in writing or a court orders

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otherwise. The parties agree that this Court shall retain jurisdiction of this action

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after its conclusion for the purpose of enforcing the terms of this Protective Order.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED:

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DATED:

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Attorneys for Plaintiff

Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED
STIPULATED PROTECTIVE ORDER - 8
STOEL RIVES LLP

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ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
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IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the

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production of any documents in this proceeding shall not, for the purposes of this

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proceeding or any other proceeding in any other court, constitute a waiver by the

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producing party of any privilege applicable to those documents, including the

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attorney-client privilege, attorney work-product protection, or any other privilege

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or protection recognized by law.

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DATED: September 21, 2017.

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A

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Marsha J. Pechman
United States District Judge

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STIPULATED PROTECTIVE ORDER - 9
STOEL RIVES LLP

93700086.2 0070812- 00009

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ____________________________________ [print or type full name], of

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____________________________________ [print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States District Court for

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the Western District of Washington on [date] in the case of Mainz Brady Group,

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Inc. v. Shane Shown, U.S. District Court of Washington, Western District, Case

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No. 2:17-cv-00670 RAJ. I agree to comply with and to be bound by all the terms of

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this Stipulated Protective Order and I understand and acknowledge that failure to

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so comply could expose me to sanctions and punishment in the nature of contempt.

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I solemnly promise that I will not disclose in any manner any information or item

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that is subject to this Stipulated Protective Order to any person or entity except in

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strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District

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Court for the Western District of Washington for the purpose of enforcing the

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terms of this Stipulated Protective Order, even if such enforcement proceedings

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occur after termination of this action.

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Date:

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City and State where sworn and signed:

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Printed name:

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Signature:

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STIPULATED PROTECTIVE ORDER - 10
STOEL RIVES LLP

93700086.2 0070812- 00009

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]