Johnson et al v. Air & Liquid Systems Corporation et al

Filing 52

STIPULATED PROTECTIVE ORDER re parties' 51 Stipulated MOTION for Protective Order by Judge Thomas S. Zilly. (SWT)

1
2
3
4

Christopher Marks, WSBA #28634
Sedgwick LLP
520 Pike Tower
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]

5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

THOMAS A. JOHNSON and BARBARA C.
JOHNSON, Husband and Wife,
Plaintiffs,

9
10
11
12

No. 2:17-cv-00834-TSZ
STIPULATED PROTECTIVE
ORDER

v.
AIR & LIQUID SYSTEMS CORP., et al.,
Defendants.

13
14
15
16

This matter is before the Court on the parties’ Joint Motion for Entry of Stipulated
Protective Order. Plaintiff, THOMAS A. JOHNSON, has brought this action against
Defendant CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger

17
to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation
18
19

(“Westinghouse”). Plaintiff and Westinghouse have commenced discovery and desire that the

20

disclosure of all documents and information in this action shall comply with the applicable

21

Arms Export Controls Act, U.S. Export Administration Regulations (“EAR”) and the Export

22

Administration Act, the International Traffic in Arms Regulations (“ITAR”) and the export

23

control laws of the U.S. Government. Plaintiff and Westinghouse have stipulated and

24
25

STIPULATED PROTECTIVE ORDER

1

Sedgwick LLP
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]

1
2

established that good cause exists for the entry of a Protective Order.
THEREFORE, IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND
ORDERED AS FOLLOWS:

3
1.

Plaintiff and Westinghouse agree that the disclosure of all documents and

4
5

information in this action, including during all discovery matters, such as depositions,

6

document productions, interrogatory responses, expert reports and party admissions, and all

7

court and trial presentations shall comply with the applicable U.S. Export Administration

8

Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”) and the export

9
10

control laws of the U.S. Government (documents and information subject to such laws are
referred to collectively as “export controlled documentation”).

11
12
13

2.

Export controlled documentation shall not be disclosed to any person, including

any party, witness, consultant, expert or corporate representative that is not a United States

14

citizen or lawful permanent resident of the United States or a protected individual granted

15

asylum or refugee status or to a foreign corporation that is not organized or incorporated to do

16

business in the United States (collectively known as “non-US persons”).

17

3.

The statement “Export controlled - this document contains data whose

18
export/ transfer/disclosure is restricted by US law. Dissemination to non-US persons
19
20

whether in the United States or abroad requires an export license or other

21

authorization,” “Export Controlled,” or similar shall be placed on each individual page of

22

all export controlled documentation in order to properly identify that the document is

23

considered by Westinghouse to be export controlled documentation. The list of export

24
25

STIPULATED PROTECTIVE ORDER

2

Sedgwick LLP
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]

1
2
3

controlled documentation presently identified as subject to this Stipulated Protective Order is
attached as Exhibit A.
4.

Unless ordered by the Court, or otherwise provided for herein, the export

4

documentation disclosed shall be kept confidential in accordance with the terms of this Order,

5

and will be held and used by the party receiving such information solely in connection with this

6

civil action and will be used for no other purpose.

7
8
9

5.

In the event Plaintiff challenges Westinghouse’s designation of a document,

statement, report, or testimony as export controlled, counsel shall make a good faith effort to

10

resolve the dispute, and in the absence of a resolution, the challenging party may thereafter

11

seek resolution by the Court, but shall abide by the designation pending the Court’s resolution.

12

Nothing in this Stipulated Protective Order operates to create an admission by any party that

13
14

export controlled documentation disclosed in this case is relevant or admissible. Each party
specifically reserves the right to object to the use or admissibility of all export controlled

15
16
17

documentation disclosed, in accordance with applicable law and Court rules.
6.

At the conclusion of litigation, the export controlled documentation and any

18

copies thereof shall be promptly (and in no event later than forty-five (45) days after entry of

19

final judgment) returned to Westinghouse or certified as destroyed. For the purposes of this

20

paragraph, the “conclusion of litigation” shall mean by settlement, by the final decision of the

21

Court that has become nonappealable, or by a final disposition on appeal.

22
7.

No party shall, for himself/herself or itself or for any person or persons acting

23
24
25

on his/her or its behalf, make electronic copies of any export controlled documentation or
STIPULATED PROTECTIVE ORDER

3

Sedgwick LLP
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]

1
2

transmit export controlled documentation by electronic means.
8.

The foregoing is entirely without prejudice to the right of any party to apply to

3

the Court for any further Protective Order relating to export documentation; or to object to the

4

production of documents or information; or to apply to the Court for an order compelling

5

production of documents or information; or for modification of this Order; or to seek any other

6

relief from the Court.

7
8
9
10
11

9.

The parties agree to submit this Stipulated Protective Order for entry by the

Court and to be bound by its terms prior to and subsequent to entry by the Court.
THIS PROTECTIVE ORDER OF CONFIDENTIALITY AGREED TO BY:
Date: November 22, 2017__

By: _s/Elizabeth McLafferty______________________
Elizabeth McLafferty, WSBA #45291
Attorney for Plaintiff

Date: December 11, 2017__

By:_s/Christopher S. Marks_______________________
Christopher S. Marks, WSBA #28634
Attorney for Defendant CBS Corporation

12
13
14
15
16

The Court has reviewed the parties’ Joint Motion for Entry of Stipulated Protective

17

Order. Having considered relevant factors, the Court finds good cause to maintain the

18

confidentiality of the materials.

19

IT IS ORDERED adopting as set forth in the Stipulated Protective Order.

20

DATED this 13th day of December, 2017.

A

21
22

Thomas S. Zilly
United States District Judge

23
24
25

STIPULATED PROTECTIVE ORDER

4

Sedgwick LLP
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]

1
2
3

EXHIBIT A
DOCUMENTS SUBJECT TO STIPULATED PROTECTIVE ORDER
Thomas A. Johnson v. Air & Liquid Systems Corp., et al. Case No. No. 2:17-cv-00834-TSZ

USS Charles E. Brannon (DE-446)

4
USS Rombach (DE-364)
5
6
7

USS Yorktown (CV-10)
USS Waddell (DDG-24)

8

CEBRN-22 to -28; -37 to -38; -58; -80
to -86; -95 to -96
RMBCH-26 to -31; -51 to -55; -82; -93;
-111 to -112
YRKTN-89 to -92; -123 to -124; 130 to
-131
WADL-45 to -63; -92 to -97; -115 to 121; -133 to -137; -142 to -145; -150 to
-153

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

STIPULATED PROTECTIVE ORDER

5

Sedgwick LLP
520 Pike Street, Suite 2200
Seattle, Washington 98101
[phone]