Doyle v. Sensio Inc

Filing 18

STIPULATED PROTECTIVE ORDER. Signed by Judge Barbara J. Rothstein. (MW)

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Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 1 of 11 1 Honorable Barbara J. Rothstein 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 LISA DOYLE, and individual, Plaintiff, 11 12 13 NO. 2:21-cv-00664 v. SENSIO, INC. d/b/a BELLA, a foreign corporation, [REVISED] MODEL STIPULATED PROTECTIVE ORDER Defendant. 14 15 16 1. PURPOSES AND LIMITATIONS 17 Discovery in this action is likely to involve production of confidential, proprietary, or private 18 information for which special protection may be warranted. Accordingly, the parties hereby 19 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 20 acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket 21 protection on all disclosures or responses to discovery, the protection it affords from public 22 disclosure and use extends only to the limited information or items that are entitled to confidential 23 treatment under the applicable legal principles, and it does not presumptively entitle parties to file 24 confidential information under seal. 25 /// [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 1 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 2 of 11 1 2. 2 3 “CONFIDENTIAL” MATERIAL “Confidential” material shall include the following documents and tangible things produced or otherwise exchanged: 4 • Engineering, design, and product specification information; 5 • Product and quality control testing protocol, results, and similar information; 6 • Reports of accidents/incidents other than the incident giving rise to this lawsuit; 7 • Contracts with non-parties and non-parties’ confidential information; 8 • Financial records and information held confidential by the producing parties. 9 3. SCOPE 10 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. 14 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. 16 4. 17 ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 4.1 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 22 ensures that access is limited to the persons authorized under this agreement. 23 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 24 the court or permitted in writing by the designating party, a receiving party may disclose any 25 confidential material only to: [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 2 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 3 of 11 1 2 (a) of counsel to whom it is reasonably necessary to disclose the information for this litigation; 3 4 5 6 the receiving party’s counsel of record in this action, as well as employees (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; 7 (c) experts and consultants to whom disclosure is reasonably necessary for 8 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 9 A); 10 (d) the court, court personnel, and court reporters and their staff; 11 (e) copy or imaging services retained by counsel to assist in the duplication of 12 confidential material, provided that counsel for the party retaining the copy or imaging service 13 instructs the service not to disclose any confidential material to third parties and to immediately 14 return all originals and copies of any confidential material; 15 (f) during their depositions, witnesses in the action to whom disclosure is 16 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 17 (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of 18 transcribed deposition testimony or exhibits to depositions that reveal confidential material must 19 be separately bound by the court reporter and may not be disclosed to anyone except as permitted 20 under this agreement; 21 (g) the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information. 23 /// 24 25 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, in [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 3 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 4 of 11 1 2 3 4 5 6 accordance with Local Civil Rule 5(g)(3)(A), 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. During the meet and confer process, the designating party must identify the basis for sealing the specific confidential information at issue, and the filing party shall include this basis in its motion to seal, along with any objection to sealing the information at issue. Local Civil Rule 5(g) sets forth the procedures that must be followed and 7 the standards that will be applied when a party seeks permission from the court to file material 8 under seal. A party who seeks to maintain the confidentiality of its information must satisfy the 9 requirements of Local Civil Rule 5(g)(3)(B), even if it is not the party filing the motion to seal. 10 Failure to satisfy this requirement will result in the motion to seal being denied, in accordance with 11 the strong presumption of public access to the Court’s files. 12 5. 13 DESIGNATING PROTECTED MATERIAL 5.1 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 19 swept unjustifiably within the ambit of this agreement. 20 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 23 expenses and burdens on other parties) expose the designating party to sanctions. 24 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 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 4 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 5 of 11 1 that it is withdrawing the mistaken designation. 2 3 4 5 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. 6 (a) Information in documentary form: (e.g., paper or electronic documents and 7 deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings), 8 the designating party must affix the word “CONFIDENTIAL” to each page that contains 9 confidential material. If only a portion or portions of the material on a page qualifies for protection, 10 the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate 11 markings in the margins). 12 (b) Testimony given in deposition or in other pretrial proceedings: the parties 13 and any participating non-parties must identify on the record, during the deposition or other pretrial 14 proceeding, all protected testimony, without prejudice to their right to so designate other testimony 15 after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the 16 transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or 17 exhibits thereto, as confidential. If a party or non-party desires to protect confidential information 18 at trial, the issue should be addressed during the pre-trial conference. 19 (c) Other tangible items: the producing party must affix in a prominent place 20 on the exterior of the container or containers in which the information or item is stored the word 21 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, the 22 producing party, to the extent practicable, shall identify the protected portion(s). 23 /// 24 25 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 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 5 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 6 of 11 1 2 3 4 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. 5 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a designation of 6 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 7 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 8 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to 9 challenge a confidentiality designation by electing not to mount a challenge promptly after the 10 original designation is disclosed. 11 6.2 Meet and Confer. The parties must make every attempt to resolve any dispute 12 regarding confidential designations without court involvement. Any motion regarding confidential 13 designations or for a protective order must include a certification, in the motion or in a declaration 14 or affidavit, that the movant has engaged in a good faith meet and confer conference with other 15 affected parties in an effort to resolve the dispute without court action. The certification must list 16 the date, manner, and participants to the conference. A good faith effort to confer requires a face- 17 to-face meeting or a telephone conference. 18 6.3 Judicial Intervention. If the parties cannot resolve a challenge without court 19 intervention, the designating party may file and serve a motion to retain confidentiality under Local 20 Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of persuasion 21 in any such motion shall be on the designating party. Frivolous challenges, and those made for 22 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the challenging party to sanctions. All parties shall continue to maintain the 24 material in question as confidential until the court rules on the challenge. 25 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 6 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 7 of 11 1 LITIGATION 2 If a party is served with a subpoena or a court order issued in other litigation that compels 3 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party 4 must: (a) 5 6 subpoena or court order; (b) 7 8 9 12 subject to this agreement. Such notification shall include a copy of this agreement; and (c) 15 16 17 18 19 20 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 13 14 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 10 11 promptly notify the designating party in writing and include a copy of the 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 21 When a producing party gives notice to receiving parties that certain inadvertently 22 produced material is subject to a claim of privilege or other protection, the obligations of the 23 receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 24 is not intended to modify whatever procedure may be established in an e-discovery order or 25 agreement that provides for production without prior privilege review. The parties agree to the [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 7 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 8 of 11 1 2 3 4 5 6 entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein. 10. NON TERMINATION AND RETURN OF DOCUMENTS Within 60 days after the termination of this action, including all appeals, each receiving party must 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 7 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 8 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 9 work product, even if such materials contain confidential material. 10 11 12 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. 13 14 DATED: November 15, 2021 s/ Daniel Rankin Eric P. Gillett, WSBA #23691 Daniel Rankin, WSBA #49673 Attorneys for Defendant Sensio Inc. d/b/a Bella DATED: November 15, 2021 s/ Maria S. Diamond Maria S. Diamond, WSBA #13472 Attorney for Plaintiff Lisa Doyle DATED: November 15, 2021 s/ Adam J. Kress Adam J. Kress, MN Bar #0397289 Kenneth W. Pearson, MN Bar #0258696 Attorneys for Plaintiff Lisa Doyle 15 16 17 18 19 20 21 22 23 24 25 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 8 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 9 of 11 1 PURSUANT TO STIPULATION, IT IS SO ORDERED 2 IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any 3 documents in this proceeding shall not, for the purposes of this proceeding or any other federal 4 or state proceeding, constitute a waiver by the producing party of any privilege applicable to those 5 documents, including the attorney-client privilege, attorney work-product protection, or any other 6 privilege or protection recognized by law. 7 DATED this 17th day of November, 2021. 8 9 10 11 A Honorable Barbara J. Rothstein United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 9 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 10 of 11 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 6 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 7 case of Lisa Doyle v. Sensio, Inc. d/b/a Bella, a foreign corporation, Case No. 2:21-cv-00664- 8 BJR. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order 9 and I 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. 13 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. 16 Date: 17 City and State where sworn and signed: 18 Printed name: 19 Signature: 20 21 22 23 24 25 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 10 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113 Case 2:21-cv-00664-BJR Document 18 Filed 11/17/21 Page 11 of 11 DECLARATION OF SERVICE 1 2 I hereby declare that on this day I electronically filed the foregoing document with the Clerk 3 of the Court using the CM/ECF system, which will send notification of such filing to the attorneys 4 of record listed below: 5 Counsel for Plaintiff Lisa Doyle: Maria S. Diamond, Esq. WSBA #13472 Diamond Massong, PLLC maria@diamondmassong.com 6 7 Counsel for Plaintiff Lisa Doyle: Adam J. Kress, Esq. MN Bar #0397289 Kenneth W. Pearson, Esq. MN Bar #0258696 Johnson Becker, PLLC akress@johnsonbecker.com 8 9 DATED at Seattle, Washington, this 15th day of November, 2021. 10 /s/ Daniel Rankin Daniel Rankin, WSBA #49673 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [REVISED] MODEL STIPULATED PROTECTIVE ORDER - 11 10034-0235 Doyle Stipulated Protective Order filed by parties Case No. 2:21-cv-00664-BJR PREG O'DONNELL & GILLETT PLLC 901 FIFTH AVE., SUITE 3400 SEATTLE, WASHINGTON 98164-2026 TELEPHONE: (206) 287-1775 • FACSIMILE: (206) 287-9113

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