Quality Products, Inc. v. Verka Food Products Ltd et al
STIPULATED PROTECTIVE ORDER signed by Judge Marsha J. Pechman. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
QUALITY PRODUCTS, INC., a California
STIPULATED PROTECTIVE ORDER
VERKA FOOD PRODUCTS LTD., a
Canadian company; GAGANDEEP
SINGH MATTA, an individual, VERKA
FOOD INTERNATIONAL LTD., a
Canadian company; and DOES 1 through
PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary, or
private information for which special protection may be warranted. Accordingly, the parties hereby
stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
acknowledge that this agreement is consistent with Local Civil Rule 26(c)(2). It does not confer
blanket 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
STIPULATED PROTECTIVE ORDER - 1
1 treatment under the applicable legal principles, and it does not presumptively entitle parties to file
2 confidential information under seal.
“CONFIDENTIAL” material shall include the following documents and tangible things
5 produced or otherwise exchanged: financial or budget documents, product development or
6 marketing plans, customer or supplier lists, trade secrets, employee or independent contractor
7 information that the producing party has a legal duty to protect, and discovery responses or
8 deposition testimony that include the foregoing or information derived therefrom.
The protections conferred by this agreement cover not only confidential material (as
11 defined above), but also (1) any information copied or extracted from confidential material; (2) all
12 copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony,
13 conversations, or presentations by parties or their counsel that might reveal confidential material.
However, the protections conferred by this agreement do not cover information that is in
15 the public domain or becomes part of the public domain through trial or otherwise.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
Basic Principles. A receiving party may use confidential material that is disclosed
18 or produced by another party or by a non-party in connection with this case only for prosecuting,
19 defending, or attempting to settle this litigation. Confidential material may be disclosed only to the
20 categories of persons and under the conditions described in this agreement. Confidential material
21 must be stored and maintained by a receiving party at a location and in a secure manner that ensures
22 that access is limited to the persons authorized under this agreement.
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
24 by the court or permitted in writing by the designating party, a receiving party may disclose any
25 confidential material only to:
STIPULATED PROTECTIVE ORDER - 2
the receiving party’s counsel of record in this action, as well as employees
2 of counsel to whom it is reasonably necessary to disclose the information for this litigation;
the officers, directors, and employees (including in house counsel) of the
4 receiving party to whom disclosure is reasonably necessary for this litigation, unless the document
5 or material produced is designated CONFIDENTIAL – ATTORNEYS’ EYES ONLY;
experts and consultants to whom disclosure is reasonably necessary for this
7 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
the court, court personnel, and court reporters and their staff;
copy or imaging services retained by counsel to assist in the duplication of
10 confidential material, provided that counsel for the party retaining the copy or imaging service
11 instructs the service not to disclose any confidential material to third parties and to immediately
12 return all originals and copies of any confidential material;
during their depositions, witnesses in the action to whom disclosure is
14 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
15 (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of
16 transcribed deposition testimony or exhibits to depositions that reveal confidential material must
17 be separately bound by the court reporter and may not be disclosed to anyone except as permitted
18 under this agreement;
the author or recipient of a document containing the information or a
20 custodian or other person who otherwise possessed or knew the information.
Designation and Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES
22 ONLY” Information or Items.
Parties may designate as “CONFIDENTIAL – ATTORNEYS’ EYES
24 ONLY” information, the disclosure of which to the other party would create a substantial risk of
25 serious harm that could not be avoided by less restrictive means. Such material may include
STIPULATED PROTECTIVE ORDER - 3
1 without limitation financial and budget documents, customer and supplier lists, and product
2 development or marketing plans, and trade secrets.
Unless otherwise ordered by the court or permitted in writing by the
4 designating party, a receiving party may disclose material designated “CONFIDENTIAL –
5 ATTORNEYS’ EYES ONLY” only to the persons identified in Paragraphs 4.2(a), (c)-(g) hereof.
Filing Confidential Material. Before filing confidential material or discussing or
7 referencing such material in court filings, the filing party shall confer with the designating party
8 to determine whether the designating party will remove the confidential designation, whether the
9 document can be redacted, or whether a motion to seal or stipulation and proposed order is
10 warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the standards
11 that will be applied when a party seeks permission from the court to file material under seal.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for Protection. Each party
14 or non-party that designates information or items for protection under this agreement must take
15 care to limit any such designation to specific material that qualifies under the appropriate
16 standards. The designating party must designate for protection only those parts of material,
17 documents, items, or oral or written communications that qualify, so that other portions of the
18 material, documents, items, or communications for which protection is not warranted are not swept
19 unjustifiably within the ambit of this agreement.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
21 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
22 unnecessarily encumber or delay the case development process or to impose unnecessary expenses
23 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
25 protection do not qualify for protection, the designating party must promptly notify all other parties
26 that it is withdrawing the mistaken designation.
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Manner and Timing of Designations. Except as otherwise provided in this
2 agreement (see, e.g., second sentence of section 5.2(b) below), or as otherwise stipulated or
3 ordered, disclosure or discovery material that qualifies for protection under this agreement must
4 be clearly so designated before or when the material is disclosed or produced.
Information in documentary form (e.g., paper or electronic documents and
6 deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings):
7 the designating party must affix the legend “CONFIDENTIAL” or “CONFIDENTIAL –
8 ATTORNEYS’ EYES ONLY” to each page that contains confidential material. If only a portion
9 or portions of the material on a page qualifies for protection, the producing party also must clearly
10 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
Testimony given in deposition or in other pretrial proceedings: the parties
12 and any participating non-parties must identify on the record, during the deposition or other pretrial
13 proceeding, all protected testimony, without prejudice to their right to so designate other testimony
14 after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the
15 transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or
16 exhibits thereto, as confidential. If a party or non-party desires to protect confidential information
17 at trial, the issue should be addressed during the pre-trial conference.
Other tangible items: the producing party must affix in a prominent place
19 on the exterior of the container or containers in which the information or item is stored the legend
20 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or
21 portions of the information or item warrant protection, the producing party, to the extent
22 practicable, shall identify the protected portion(s).
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
24 designate qualified information or items does not, standing alone, waive the designating party’s
25 right to secure protection under this agreement for such material. Upon timely correction of a
STIPULATED PROTECTIVE ORDER - 5
1 designation, the receiving party must make reasonable efforts to ensure that the material is treated
2 in accordance with the provisions of this agreement.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
Timing of Challenges. Any party or non-party may challenge a designation of
5 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality
6 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
7 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to
8 challenge a confidentiality designation by electing not to mount a challenge promptly after the
9 original designation is disclosed.
Meet and Confer. The parties must make every attempt to resolve any dispute
11 regarding confidential designations without court involvement. Any motion regarding confidential
12 designations or for a protective order must include a certification, in the motion or in a declaration
13 or affidavit, that the movant has engaged in a good faith meet and confer conference with other
14 affected parties in an effort to resolve the dispute without court action. The certification must list
15 the date, manner, and participants to the conference. A good faith effort to confer requires a face16 to-face meeting or a telephone conference.
Judicial Intervention. If the parties cannot resolve a challenge without court
18 intervention, the designating party may file and serve a motion to retain confidentiality under Local
19 Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of
20 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those
21 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
22 other parties) may expose the challenging party to sanctions. All parties shall continue to maintain
23 the material in question as confidential until the court rules on the challenge.
STIPULATED PROTECTIVE ORDER - 6
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
If a party is served with a subpoena or a court order issued in other litigation that compels
4 disclosure of any information or items designated in this action as “CONFIDENTIAL” or
5 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that party must:
promptly notify the designating party in writing and include a copy of the
7 subpoena or court order;
promptly notify in writing the party who caused the subpoena or order to
9 issue in the other litigation that some or all of the material covered by the subpoena or order is
10 subject to this agreement. Such notification shall include a copy of this agreement; and
cooperate with respect to all reasonable procedures sought to be pursued by
12 the designating party whose confidential material may be affected.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential
15 material to any person or in any circumstance not authorized under this agreement, the receiving
16 party must immediately (a) notify in writing the designating party of the unauthorized disclosures,
17 (b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the
18 person or persons to whom unauthorized disclosures were made of all the terms of this agreement,
19 and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be
20 Bound” that is attached hereto as Exhibit A.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
When a producing party gives notice to receiving parties that certain inadvertently
24 produced material is subject to a claim of privilege or other protection, the obligations of the
25 receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
26 is not intended to modify whatever procedure may be established in an e-discovery order or
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1 agreement that provides for production without prior privilege review. The parties agree to the
2 entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.
NON- TERMINATION AND RETURN OF DOCUMENTS
Within 60 days after the termination of this action, including all appeals, each receiving
5 party must return all confidential material to the producing party, including all copies, extracts and
6 summaries thereof. Alternatively, the parties may agree upon appropriate methods of destruction.
Notwithstanding this provision, counsel are entitled to retain one archival copy of all
8 documents filed with the court; trial, deposition, and hearing transcripts; correspondence,
9 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work
10 product, even if such materials contain confidential material.
The confidentiality obligations imposed by this agreement shall remain in effect until a
12 designating party agrees otherwise in writing or a court orders otherwise.
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1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Dated: February 8, 2018
CARNEY BADLEY SPELLMAN, P.S.
/s/ Ashley K. Long
Ashley K. Long/ WA Bar No. 45738
701 Fifth Avenue, Suite 3600
Seattle, WA 98104-7010
Telephone: (206) 622-8020
Facsimile: (206) 467-8215
Dated: February 8, 2018
/s/ Andrew P. Holland
Andrew P. Holland/ CA Bar No. 224737
(admitted pro hac vice)
Misasha S. Graham/ CA Bar No. 237187
(admitted pro hac vice)
A Professional Corporation
400 Main Street, Suite 250
Los Altos, California 94022
Telephone: (650) 327-4200
Facsimile: (650) 325-5572
Attorneys for Plaintiff Quality Products,
STIPULATED PROTECTIVE ORDER - 9
Dated: February 8, 2018
/s/ Thomas C. Lundin Jr.
Thomas C. Lundin Jr.
(admitted pro hac vice)
111 Favre St.
Waveland, MS 39576
Telephone: (678) 778-8857
Geoffrey Revelle (WA Bar No. 4817)
701 Fifth Ave., Suite 4200
Seattle, WA 98104
Telephone: (206) 714-0964
Attorneys for Defendants Verka Food
Products Ltd., Gagandeep Singh Matta, and
Verka Food International Ltd.
PURSUANT TO STIPULATION, IT IS SO ORDERED
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.
DATED: February 14, 2018
Marsha J. Pechman
United States District Judge
STIPULATED PROTECTIVE ORDER - 10
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4 ____________________________________ [print or type full address], declare under penalty of
5 perjury that I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Western District of Washington on [date] in the
7 case of Quality Products, Inc. v. Verka Food Products, LTD. et al, No. 2:17-cv-01418-MJP.
8 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
9 understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner
11 any information or item that is subject to this Stipulated Protective Order to any person or entity
12 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
14 Western District of Washington for the purpose of enforcing the terms of this Stipulated Protective
15 Order, even if such enforcement proceedings occur after termination of this action.
17 City and State where sworn and signed:
18 Printed name:
STIPULATED PROTECTIVE ORDER - 11
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