Bond et al v. Global Inflight Products

Filing 21

STIPULATED PROTECTIVE ORDER by U.S. District Judge John C Coughenour. (TH)

Download PDF
THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 RICHARD BOND, et al., 10 Plaintiffs, v. 11 CASE NO. C17-0860-JCC STIPULATED PROTECTIVE ORDER GLOBAL INFLIGHT PRODUCTS, 12 13 Defendant. 14 15 Pursuant to the parties’ stipulated motion for a protective order (Dkt. No. 20), the Court 16 ORDERS as follows: 17 1. PURPOSES AND LIMITATIONS 18 Discovery in this action involves production of confidential, proprietary, or private 19 information for which special protection may be warranted. Accordingly, the parties hereby 20 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 21 acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket 22 protection on all disclosures or responses to discovery, the protection it affords from public 23 disclosure and use extends only to the limited information or items that are entitled to confidential 24 treatment under the applicable legal principles, and it does not presumptively entitle parties to file 25 confidential information under seal. 26 // STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 1 1 2. “CONFIDENTIAL” MATERIAL 2 3 “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged: 4 a. Non-party employee files; 5 b. Trade secrets (e.g., pricing information); 6 c. Medical records; and 7 d. Personal and corporate financial and tax information. 8 3. SCOPE 9 The protections conferred by this agreement cover not only confidential material (as 10 defined above), but also (1) any information copied or extracted from confidential material; (2) all 11 copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 12 conversations, or presentations by parties or their counsel that might reveal confidential material. 13 However, the protections conferred by this agreement do not cover information that is in the public 14 domain 15 4. 16 or becomes part of the public domain through trial or otherwise. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 4.1 Basic Principles. A receiving party may use confidential material that is disclosed 17 or produced by another party or by a non-party in connection with this case only for prosecuting, 18 defending, or attempting to settle this litigation. Confidential material may be disclosed only to the 19 categories of persons and under the conditions described in this agreement. Confidential material 20 must be stored and maintained by a receiving party at a location and in a secure manner that ensures 21 that access is limited to the persons authorized under this agreement. 22 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 23 by the court or permitted in writing by the designating party, a receiving party may disclose any 24 confidential material only to: 25 26 (a) the receiving party’s counsel of record in this action, as well as employees of counsel to whom it is reasonably necessary to disclose the information for this litigation; STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 2 1 (b) the officers, directors, and employees (including in house counsel) of the receiving 2 party to whom disclosure is reasonably necessary for this litigation, unless the parties agree that a 3 particular document or material produced is for Attorney’s Eyes Only and is so designated; 4 5 (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); 6 (d) the court, court personnel, and court reporters and their staff; 7 (e) copy or imaging services retained by counsel to assist in the duplication of confidential 8 material, provided that counsel for the party retaining the copy or imaging service instructs the 9 service not to disclose any confidential material to third parties and to immediately return all 10 originals and copies of any confidential material; 11 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 12 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 13 unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal confidential material must be separately 15 bound by the court reporter and may not be disclosed to anyone except as permitted under this 16 agreement; 17 18 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 19 4.3 Filing Confidential Material. Before filing confidential material or discussing or 20 referencing such material in court filings, the filing party shall confer with the designating party 21 to determine whether the designating party will remove the confidential designation, whether the 22 document can be redacted, or whether a motion to seal or stipulation and proposed order is 23 warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the standards 24 that will be applied when a party seeks permission from the court to file material under seal. 25 // 26 // STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 3 1 5. 2 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each party 3 or non-party that designates information or items for protection under this agreement must take 4 care to limit any such designation to specific material that qualifies under the appropriate standards 5 for confidentiality. The designating party must designate for protection only those parts of 6 material, documents, items, or oral or written communications that qualify, so that other portions 7 of the material, documents, items, or communications for which protection is not warranted are 8 not swept unjustifiably within the ambit of this agreement. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 10 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or 11 delay the case development process or to impose unnecessary expenses and burdens on other 12 parties) expose the designating party to sanctions. 13 If it comes to a designating party’s attention that information or items that it designated for 14 protection do not qualify for protection, the designating party must promptly notify all other parties 15 that it is withdrawing the mistaken designation. 16 5.2 17 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, disclosure 18 or discovery material that qualifies for protection under this agreement must be clearly so 19 designated 20 Manner and Timing of Designations. Except as otherwise provided in this agreement (see, (a) before or when the material is disclosed or produced. Information in documentary form: (e.g., paper or electronic documents and 21 deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings), 22 the designating party must affix the word “CONFIDENTIAL” to each page that contains 23 confidential material. If only a portion or portions of the material on a page qualifies for protection, 24 the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins). 26 STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 4 1 (b) Testimony given in deposition or in other pretrial or trial proceedings: the parties 2 must identify on the record, during the deposition, hearing, or other proceeding, all protected 3 testimony, without prejudice to their right to so designate other testimony after reviewing the 4 transcript. Any party may, within fifteen days after receiving a deposition transcript, designate 5 portions of the transcript, or exhibits thereto, as confidential. 6 (c) Other tangible items: the producing party must affix in a prominent place on the 7 exterior of the container or containers in which the information or item is stored the word 8 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 9 the producing party, to the extent practicable, shall identify the protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 11 designate qualified information or items does not, standing alone, waive the designating party’s 12 right to secure protection under this agreement for such material. Upon timely correction of an 13 appropriate designation, the receiving party must make reasonable efforts to ensure that the 14 material 15 6. 16 is treated in accordance with the provisions of this agreement. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a designation of 17 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 19 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the 21 original designation is disclosed. 22 6.2 Meet and Confer. The parties must make every attempt to resolve any dispute 23 regarding confidential designations without court involvement. Any motion regarding confidential 24 designations or for a protective order must include a certification, in the motion or in a declaration 25 or affidavit, that the movant has engaged in a good faith meet and confer conference with other 26 affected parties in an effort to resolve the dispute without court action. The certification must list STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 5 1 the date, manner, and participants to the conference. A good faith effort to confer requires a face- 2 to-face meeting or a telephone conference. 3 6.3 Judicial Intervention. If the parties cannot resolve a challenge without court 4 intervention, the designating party may file and serve a motion to retain confidentiality under Local 5 Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 6 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those 7 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 8 other parties) may expose the challenging party to sanctions. All parties shall continue to maintain 9 the material in question as confidential until the court rules on the challenge. 10 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 11 LITIGATION 12 If a party is served with a subpoena or a court order issued in other litigation that compels 13 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 14 party must: 15 16 (a) promptly notify the designating party in writing and include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to issue in 18 the other litigation that some or all of the material covered by the subpoena or order is subject to 19 this agreement. Such notification shall include a copy of this agreement; and 20 (c) 21 designating 22 8. cooperate with respect to all reasonable procedures sought to be pursued by the party whose confidential material may be affected. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential 24 material to any person or in any circumstance not authorized under this agreement, the receiving 25 party must immediately (a) notify in writing the designating party of the unauthorized disclosures, 26 (b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 6 1 person or persons to whom unauthorized disclosures were made of all the terms of this agreement, 2 and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be 3 Bound” that is attached hereto as Exhibit A. 4 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 5 MATERIAL 6 When a producing party gives notice to receiving parties that certain inadvertently 7 produced material is subject to a claim of privilege or other protection, the obligations of the 8 receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 9 is not intended to modify whatever procedure may be established in an e-discovery order or 10 agreement that provides for production without prior privilege review. Parties shall confer on an 11 appropriate 12 10. non-waiver order under Fed. R. Evid. 502. NON-TERMINATION AND RETURN OF DOCUMENTS 13 Within 60 days after the termination of this action, including all appeals, each receiving 14 party must return all confidential material to the producing party, including all copies, extracts and 15 summaries thereof. Alternatively, the parties may agree upon appropriate methods of destruction. 16 Notwithstanding this provision, counsel are entitled to retain one archival copy of all 17 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 18 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work 19 product, even if such materials contain confidential material. 20 The confidentiality obligations imposed by this agreement shall remain in effect until a 21 designating party agrees otherwise in writing or a court orders otherwise. 22 // 23 // 24 // 25 // 26 // STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 7 1 2 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: 11/29/2017 __/s/ Robert M. Crowley_________ Impact Law Group PLLC Jonah O. Harrison, WSBA #34576 Robert M. Crowley, WSBA #37953 Attorneys for Defendant DATED: 11/29/2017 _/s/ Stephen A. Teller__________ Teller and Associates, PLLC Stephen A. Teller, WSBA #23372 Attorneys for Plaintiffs DATED: 11/29/2017 _/s/ William L. Dixon __________ Dixon Law Firm PLLC William L. Dixon, WSBA#26920 Attorneys for Plaintiffs 4 5 6 7 8 9 10 11 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. IT IS FURTHER ORDERED 14 that pursuant to Fed. R. Evid. 502(d), the production of any documents in this proceeding shall 15 not, for the purposes of this proceeding or any other proceeding in any other court, constitute a 16 waiver by the producing party of any privilege applicable to those documents, including the 17 attorney-client privilege, attorney work-product protection, or any other privilege or protection 18 recognized by law. 19 DATED this 5th of December 2017. 20 21 22 A 23 24 25 John C. Coughenour UNITED STATES DISTRICT JUDGE 26 STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 8 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of _________________ 3 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Western District of Washington on [date] in the case of Bond v. Global Inflight Products, 7 8 9 Cause Number 2:17-CV-00860 JCC. 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 10 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that 11 I will not disclose in any manner any information or item that is subject to this Stipulated 12 Protective Order to any person or entity except in strict compliance with the provisions of this 13 Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 16 Western District of Washington for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of this action. 18 Date: _________________________________ 19 City and State where sworn and signed: _________________________________ 20 Printed name: ______________________________ 21 Signature: __________________________________ 22 23 24 25 26 STIPULATED PROTECTIVE ORDER C17-0860-JCC PAGE - 9

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?