Godfrey et al v. Ray Klein, Inc.
Filing
14
STIPULATED PROTECTIVE ORDER re parties' 13 Stipulated MOTION, signed by Judge Robert S. Lasnik. (SWT)
The Honorable Robert S. Lasnik
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
TERESA and MARK GODFREY,
v.
Case No. 2:18-cv-00470-RSL
Plaintiffs,
RAY KLEIN, INC., dba PROFESSIONAL
CREDIT SERVICE,
STIPULATED PROTECTIVE ORDER
Defendant.
1.
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 LCR
26(c). 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 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: (1) personally identifying information; (2) non-public
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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
medical records created by health care providers; (3) trade secrets and/or proprietary
policies and procedures; and (4) confidential financial information.
3.
SCOPE
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, 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 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.
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;
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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
(b)
the officers, directors, and employees (including in house counsel)
of the receiving party to whom disclosure is reasonably necessary for this litigation,
unless the parties agree that a particular document or material produced is for
Attorney’s Eyes Only and is so designated;
(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);
(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.
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
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Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
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 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.
(a)
Information in documentary form: (e.g., paper or electronic
documents and deposition exhibits, but excluding transcripts of depositions or other
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Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
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).
(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 nonparty 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.
(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.
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
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
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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
confidentiality 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
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.
6.3
Judicial Intervention. If the parties cannot resolve a challenge without
court intervention, the designating party may file and serve a motion to retain
confidentiality under Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if
applicable). If the designating party does not file a motion to retain confidentiality within
14 days following the conclusion of the parties’ conference regarding the designation,
the designation shall be deemed withdrawn. 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
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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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
(a)
promptly notify the designating party in writing and include a copy
of the subpoena or court order;
(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
(c)
cooperate with respect to all reasonable procedures sought to be
pursued by the designating party whose confidential material may be affected.
8.
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 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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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
10.
NON TERMINATION AND RETURN OF DOCUMENTS
Within 60 days after the termination of this action, including all appeals, each
receiving party shall make reasonable efforts to return all confidential material to the
producing party, including all copies, extracts and 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 documents filed with the court, trial, deposition, and hearing transcripts,
correspondence, deposition and trial exhibits, expert reports, attorney work product, and
consultant and expert work product, even if such materials contain confidential material.
The provisions of this agreement shall remain in effect and continue to apply to any
such archival copy retained by counsel.
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 this 5th day of
September, 2018.
ANDERSON SANTIAGO, PLLC
COSGRAVE VERGEER KESTER LLP
By: _/s/ Jason D. Anderson__________
T. Tyler Santiago, WSBA #46004
Email: tyler@alkc.net
Jason D. Anderson, WSBA #38014
Email: jason@alkc.net
787 Maynard Ave. S., Suite 201
Seattle, WA 98104
Telephone: (206) 395-2665
Facsimile: (206) 395-2719
By: _/s/ Timothy J. Fransen_________
Robert E. Sabido, WSBA #29170
Email: rsabido@cosgravelaw.com
Timothy J. Fransen, WSBA #51110
Email: tfransen@cosgravelaw.com
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
Telephone: (503) 323-9000
Facsimile: (503) 323-9019
Attorneys for Plaintiffs
Attorneys for Defendant
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COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
ORDER
PURSUANT TO THE ABOVE 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: September 5, 2018
A
HONORABLE ROBERT S. LASNIK
United States District Court Judge
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Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
EXHIBIT A
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 _________ in the case of Theresa and Mark Godfrey v. Ray
Klein, Inc., Case No. 2:18-cv-00470-RSL. 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.
Date:
City and State where sworn and signed:
Printed name:
Signature:
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CERTIFICATE OF SERVICE
4810-6229-0800 v.1
COSGRAVE VERGEER KESTER LLP
Attorneys
888 SW Fifth Avenue, Suite 500
Portland, OR 97204
(503) 323-9000
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