Dacumos v. Toyota Motor Credit Corporation et al

Filing 19

STIPULATED PROTECTIVE ORDER by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NO. 2:17-cv-00964-RSM

CAREN ROSE DACUMOS,

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Plaintiff,

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v.

STIPULATED PROTECTIVE
ORDER

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TOYOTA MOTOR CREDIT
CORPORATION, a California Corporation,
EQUIFAX INFORMATION SERVICES
LLC, a Georgia Limited Liability Company,
and EXPERIAN INFORMATION
SOLUTIONS, INC., an Ohio Corporation,

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Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Caren Rose Dacumos and

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Defendants Toyota Motor Credit Corporation (“TMCC”), Equifax Information Services, LLC

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(“Equifax”), and Experian Information Solutions, Inc. (“Experian”), through their respective

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attorneys of record, as follows:

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PURPOSES AND LIMITATIONS

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

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private information for which special protection may be warranted. Accordingly, the parties

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hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The

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parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket

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STIPULATED PROTECTIVE ORDER

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2367 Tacoma Avenue South | Tacoma, WA 98402 
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protection on all disclosures or responses to discovery, the protection it affords from public
disclosure and use extends only to the limited information or items that are entitled to
confidential treatment under the 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 and tangible things

produced or otherwise exchanged:
a.

information prohibited from disclosure by statute;

b.

information that the party has a reasonable and good faith belief contains

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a trade secret, including, but not limited to, disclosure logs, DR logs,

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transaction logs and admin reports;
c.

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maintained as confidential, and that, if disclosed to customers or

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competitors, would tend to damage the party's competitive position;
d.

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information owned or developed by the producing party, and that, if

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disclosed to customers or competitors, would tend to damage the party's

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competitive position, including, but not limited to, disclosure logs, DR

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information and documents that a party has a reasonable and good faith
belief constitutes, contains, or refers to proprietary technology or

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research, technical, commercial or financial information that the party has

logs, transaction logs, and Admin reports;
e.

non-public competitive financial or business planning information that
the producing party is prohibited by contract from revealing to third
parties except in confidence, or has undertaken by contract with others
to maintain its confidence.

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STIPULATED PROTECTIVE ORDER

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2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
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3.

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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 testimony
or presentations by parties or their counsel that might reveal confidential material.

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SCOPE

However, 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.
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. 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.
Nothing in this Order shall prevent a party from using at trial any information or materials
designated “Confidential.”
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 employees of
counsel to whom it is reasonably necessary to disclose the information for this litigation;
(b) the officers, directors, and employees (including in house counsel) of the
receiving party to whom disclosure is reasonably necessary for this litigation.

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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(c) experts and consultants specifically retained in connection with this litigation
to whom disclosure is reasonably necessary 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) during their depositions, witnesses 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.
All persons receiving documents produced pursuant to this Order shall be advised of their
confidential nature.

All persons to whom confidential information and/or documents are

disclosed are hereby enjoined from disclosing same to any person except as provided herein, and
are further enjoined from using same except in the preparation for and trial of the abovecaptioned action between the named parties thereto. No person receiving or reviewing such
confidential documents, information or transcript shall disseminate or disclose them to any
person other than those described above in Section 4.2 and for the purposes specified, and in no
event shall such person make any other use of such document or transcript.

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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4.3

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 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

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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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.

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(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 producing party also must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins).

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(b) Testimony given in deposition or in other pretrial proceedings: 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 non-party 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.

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(c) Other tangible items: the producing party must affix in a 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.

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STIPULATED PROTECTIVE ORDER

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2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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6.

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6.1

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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

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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.

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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

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.3

Judicial Intervention. If the parties cannot resolve a challenge without court

intervention, the designating party must 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

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STIPULATED PROTECTIVE ORDER

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2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
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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:

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(a) promptly notify the designating party in writing and include a copy of the
subpoena or court order;

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(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

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(c) cooperate with respect to all reasonable procedures sought to be pursued by
the designating party whose confidential material may be affected.
8.

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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 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). This
provision is not intended to modify whatever procedure may be established in an e-discovery

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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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.

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10.

NON TERMINATION AND RETURN OF DOCUMENTS

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

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notice by the designating party, each receiving party must return all confidential material to the

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

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may agree upon appropriate methods of destruction.

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Notwithstanding this provision, counsel are entitled to one archival copy of all

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documents filed with the court, trial, deposition, and hearing transcripts, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain confidential material.

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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 25th day of September, 2017, at Tacoma, Washington.
S//SaraEllen Hutchison
SaraEllen Hutchison (WSBA #36137)
2367 Tacoma Avenue South
Tacoma, WA 98402
Telephone: [phone]
Facsimile:
877-485-4893
Email: [e-mail]
Attorney for Plaintiff Caren Rose Dacumos

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S//Todd O. Maiden

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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Todd O. Maiden (WSBA #14922)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendant TMCC

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S// Katherine Neben
Katherine Neben
(California Bar #263099, Admitted Pro Hac Vice)
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, California 92612-4408
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Experian Information Solutions, Inc.
S// Rachel L. Dunnington
Rachel L. Dunnington (WSBA #47021)
STOEL RIVES LLP
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Experian Information Solutions, Inc.
/s/Jeffrey M. Edelson
Jeffrey M. Edelson (WSBA #37361)
Markowitz Herbold PC
1211 SW Fifth Avenue Suite 3000
Portland, OR 97204-3730

Tel. [phone]

Fax [phone]
[e-mail]
Attorney for Defendant Equifax Information Services LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED.
STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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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 attorney-client privilege, attorney work-product
protection, or any other privilege or protection recognized by law.

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DATED: September 26, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail] 

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EXHIBIT A

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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
______________[date] in the case of Caren Rose Dacumos v. TOYOTA MOTOR CREDIT
CORPORATION, a California Corporation, EQUIFAX INFORMATION SERVICES LLC, a
Georgia Limited Liability Company, and EXPERIAN INFORMATION SOLUTIONS, INC., an
Ohio Corporation, Western District of Washington (Tacoma) Case No. 2:17-cv-0964 RSM. 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.

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Date: _________________________________
City and State where sworn and signed: _________________________________
Printed name: ______________________________
Signature: __________________________________

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STIPULATED PROTECTIVE ORDER

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Law Office of SaraEllen Hutchison, PLLC
2367 Tacoma Avenue South | Tacoma, WA 98402 
Ph (206) 529‐5195 | Fax (877) 485‐4893 
[e-mail]