Ferguson v. Waid

Filing 211

STIPULATED PROTECTIVE ORDER RE SUPPLEMENTAL PROCEEDINGS re Plaintiff's 208 MOTION for Protective Order Supplemental Proceedings and re: 210 Stipulation. Signed by Judge Ricardo S. Martinez. (PM)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SANDRA L. FERGUSON,
Plaintiff/Counter-Defendant,

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NO. C17-1685 RSM
STIPULATED PROTECTIVE ORDER
RE SUPPLEMENTAL
PROCEEDINGS

v.

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BRIAN J. WAID, et. al.,
Defendants/Counter-Plaintiff.

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I. Purposes & Limitations. The parties anticipate that the supplemental

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proceedings phase of this matter will involve disclosure of confidential or private

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information, including bank account numbers, for which special protection is

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warranted. Accordingly, the parties stipulate to and petition the court to enter the

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following Stipulated Protective Order.

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disclosure and use extends only to the certain documents and information identified

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below that Plaintiff/Counter-Defendant Sandra Ferguson produced or will produce

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in compliance with the Court’s supplemental proceedings order,

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(hereinafter “the Order”). This protection does not presumptively entitle the parties

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to file confidential information under seal.

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II.

Confidential

material.

The protection it affords from public

“Confidential”

material

is

Dkt #207

protected.

“Confidential” material shall include the following documents produced by Ms.

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STIPULATED PROTECTIVE ORDER RE:
SUPPLEMENTAL PROCEEDINGS-1

JOHN R. MUENSTER
14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
[phone]
EMAIL: [e-mail]

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Ferguson:
(a)

Financial statements for all bank accounts and safe deposit boxes, as

described in paragraph 3)a. of the Order;
(b)

The personal income tax returns for Judgment Debtor for the last five

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years, including any returns or other tax documents related to Judgment Debtor’s

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law firm, as described in paragraph 3)b. of the Order; and

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(c) Non-privileged documents reflecting legal services provided by the

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Judgment Debtor or her law firm as well as payments received for legal services

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since January 1, 2014, including all retainer agreements, as described in paragraph

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3)i. of the Order.
III. Scope. The protections conferred by this agreement cover not only

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confidential material (as defined above), but also (1) any information copied or
extracted from confidential material; (2) all copies, excerpts, summaries, or

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compilations of confidential material; and (3) any testimony, conversations, or

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

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However, the protections conferred by this agreement do not cover information that

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is in the public domain or becomes part of the public domain through court hearings.

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IV. Access To and Use of Confidential Material. The Judgment Creditor

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is Defendant/Counter-Plaintiff Brian Waid.

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Ferguson.

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proceedings and required Judgment Debtor to provide certain information and

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produce certain documents to Judgment Creditor.

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The Judgment Debtor is Sandra

The Order granted Judgment Creditor’s motion for supplemental

The purpose of such [supplemental] proceedings is to
make the judgment debtor answer concerning the extent
and whereabouts of his or her property and, if possible, to
enable the judgment creditor to locate nonexempt property
STIPULATED PROTECTIVE ORDER RE:
SUPPLEMENTAL PROCEEDINGS-2

JOHN R. MUENSTER
14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
[phone]
EMAIL: [e-mail]

belonging to the judgment debtor which may be applied
on the debt.

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Rainier Nat’l Bank v. McCracken, 26 Wash. App. 498, 511, 615 P.2d 469 (1980).
In consideration of the purpose of these proceedings, the Judgment Creditor may

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use the confidential material produced by Judgment Debtor, pursuant to the Court’s

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Order, solely for the purpose of 1) determining the extent and whereabouts of the

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Judgment Debtor’s property; 2) locating nonexempt property belonging to the

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Judgment Debtor which may be applied on the debt set forth in the judgment in this

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matter; and 3) collecting the money due to the Judgment Creditor. The confidential

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material may not be used or published by the Judgment Creditor for any other

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purpose.

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Confidential material produced by the Judgment Debtor must be stored and

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maintained by the Judgment Creditor at a location and in a secure manner that

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ensures that access is limited to persons who are determining and locating the

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Judgment Debtor’s property and persons who are collecting the money due to the

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Judgment Creditor, including the Judgment Creditor, his attorneys and their support

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staff.

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VI.

Unauthorized Disclosure Of Confidential Material. If the Judgment

Creditor learns that, by inadvertence or otherwise, he has disclosed confidential
material to any person or in any circumstance not authorized under this agreement,

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the Judgment Creditor must immediately (a) notify the Judgment Debtor in writing
of the unauthorized disclosures and (b) use his best efforts to retrieve all

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unauthorized copies of the protected material. The Judgment Debtor may seek

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relief from the Court as circumstances warrant.

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VII. Case Termination And Return Of Documents. Within 60 days after

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the judgment is satisfied, the Judgment Creditor must return all confidential

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STIPULATED PROTECTIVE ORDER RE:
SUPPLEMENTAL PROCEEDINGS-3

JOHN R. MUENSTER
14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
[phone]
EMAIL: [e-mail]

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material to the Judgment Debtor, including all copies, extracts, and summaries

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thereof. Alternatively, the parties may agree upon appropriate methods of

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destruction. Notwithstanding this provision, counsel are entitled to retain one

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

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

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

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contain confidential material. The confidentiality obligations imposed by this

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agreement shall remain in effect until the parties agree otherwise in writing or a

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court orders otherwise.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: March 20, 2019

/s/ John R. Muenster
John R. Muenster, WSBA 6237
Attorney for Plaintiff/CounterDefendant Sandra Ferguson

DATED: March 20, 2019

/s/ Jeffrey E. Bilanko
Jeffrey E. Bilanko, WSBA 38829
/s/ Susan K. Kapan
Susan K. Kaplan, WSBA 40985
Carroll, Biddle, & Bilanko, PLLC
801 2nd Avenue, Suite 800
Seattle, WA 98104
Phone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant/CounterPlaintiff Brian Waid

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PURSUANT TO STIPULATION, IT IS SO ORDERED
STIPULATED PROTECTIVE ORDER RE:
SUPPLEMENTAL PROCEEDINGS-4

JOHN R. MUENSTER
14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
[phone]
EMAIL: [e-mail]

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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 federal or state proceeding, 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 this 22nd day of March 2019.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED PROTECTIVE ORDER RE:
SUPPLEMENTAL PROCEEDINGS-5

JOHN R. MUENSTER
14940 SUNRISE DRIVE NE
BAINBRIDGE ISLAND, WASHINGTON 98110
[phone]
EMAIL: [e-mail]