Fetchero et al v. Amica Mutual Insurance Company

Filing 22

STIPULATED PROTECTIVE ORDER re Parties' 20 Stipulated MOTION. Signed by Judge Tana Lin. (LH)

Case 2:22-cv-00400-TL Document 22 Filed 11/21/22 Page 1 of 12

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The Honorable Tana Lin

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SAMUEL and ALLISON FETCHERO, a
married couple,

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Plaintiffs,

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vs.
AMICA MUTUAL INSURANCE
COMPANY, a foreign insurance
company,

NO. 2:22-CV-00400-TL
STIPULATED PROTECTIVE ORDER
NOTE ON MOTION CALENDAR:
NOVEMBER 15, 2022

Defendant.

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This Stipulated Protective Order is entered into by and between Plaintiffs Samuel and

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Allison Fetchero (Fetcheros) and Defendant Amica Mutual Insurance Company (Amica).
Plaintiffs and Defendant are collectively “the Parties.” Reference is made to the following
facts:
A.

Third parties possess trade secrets, proprietary information, and other

confidential information that they desire to keep confidential, which may be obtained through
discovery in this case.

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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Case 2:22-cv-00400-TL Document 22 Filed 11/21/22 Page 2 of 12

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B.

The Parties desire to stipulate to a protective order sanctioned by the Court to

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reduce any burden on the third parties and protect such trade secrets, proprietary information,

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and other confidential information from unnecessary disclosure.

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The Parties stipulate and agree to the following protective order:
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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.

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2.

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“Confidential” material shall include the following documents and tangible things

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“CONFIDENTIAL” MATERIAL

produced or otherwise exchanged:
2.1 Business information, including proprietary, technical, or commercial
sensitive information such as trade secrets, proprietary research, development,
technical, commercial, or financial information (including but not limited to
tax returns, financial statement, banking records, point-of-sale records,
brokerage records, financial books and records, non-public pricing of goods
and services, customer lists, other forms of identification of customers and
electronic data containing financial information), for which the party
designating as "CONFIDENTIAL" (the "Designating Party") has taken

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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Case 2:22-cv-00400-TL Document 22 Filed 11/21/22 Page 3 of 12

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reasonable steps to maintain as confidential, and which is not otherwise

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publicly available or reasonably discoverable by lawful means;

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2.2 Personal information, including social security numbers, tax identification

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numbers, and employee identification numbers; and Information that is

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required to be kept confidential due to preexisting contractual obligations; and

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2.3 Information and communications that are protected by privileges and

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protections such as attorney-client communications, attorney-work-product,

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client work-product, common interest protected material regardless of their
production in this action.

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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

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disclosed or produced by another party or by a non-party in connection with

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this case only for prosecuting, defending, or attempting to settle this litigation.

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Confidential material may be disclosed only to the categories of persons and

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under the conditions described in this agreement. Confidential material must be

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stored and maintained by a receiving party at a location and in a secure manner

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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that ensures that access is limited to the persons authorized under this

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agreement.

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4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the designating party, a

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receiving party may disclose any confidential material only to:

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a. the receiving party’s counsel of record in this action, as well as

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employees of counsel to whom it is reasonably necessary to disclose

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the information for this litigation;

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b. the officers, directors, and employees (including in house counsel) of

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the receiving party to whom disclosure is reasonably necessary for this

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litigation, unless the parties agree that a particular document or material

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produced is for Attorney’s Eyes Only and is so designated;

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c. experts and consultants to whom disclosure is reasonably necessary for

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this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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d. the court, court personnel, and court reporters and their staff;

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e. copy or imaging services retained by counsel to assist in the duplication

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of confidential material, provided that counsel for the party retaining

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the copy or imaging service instructs the service not to disclose any

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confidential material to third parties and to immediately return all

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originals and copies of any confidential material;

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f. during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

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designating party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal confidential

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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material must be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this agreement;
g. the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the

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information.

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4.3 Filing Confidential Material. Before filing confidential material or discussing

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or referencing such material in court filings, the filing party shall confer with

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the designating party, in accordance with Local Civil Rule 5(g)(3)(A), to

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determine whether the designating party will remove the confidential

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designation, whether the document can be redacted, or whether a motion to

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seal or stipulation and proposed order is warranted. During the meet and confer

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process, the designating party must identify the basis for sealing the specific

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confidential information at issue, and the filing party shall include this basis in

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its motion to seal, along with any objection to sealing the information at issue.

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Local Civil Rule 5(g) sets forth the procedures that must be followed and the

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standards that will be applied when a party seeks permission from the court to

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file material under seal. A party who seeks to maintain the confidentiality of

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its information must satisfy the requirements of Local Civil Rule 5(g)(3)(B),

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even if it is not the party filing the motion to seal. Failure to satisfy this

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requirement will result in the motion to seal being denied, in accordance with

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the strong presumption of public access to the Court’s files.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

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party or non-party that designates information or items for protection under

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this agreement must take care to limit any such designation to specific material

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that qualifies under the appropriate standards. The designating party must
STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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designate for protection only those parts of material, documents, items, or oral

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or written communications that qualify, so that other portions of the material,

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documents, items, or communications for which protection is not warranted are

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not swept unjustifiably within the ambit of this agreement.

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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.

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If it comes to a designating party’s attention that information or items that it

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designated for protection do not qualify for protection, the designating party

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must promptly notify all other parties that it is withdrawing the mistaken

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designation.

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5.2 Manner and Timing of Designations. Except as otherwise provided in this
agreement (see, e.g., second paragraph of section 5.2(b) 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

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documents and deposition exhibits, but excluding transcripts of

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depositions or other pretrial or trial proceedings), the

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designating party must affix the word “CONFIDENTIAL” to

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each page that contains confidential material. If only a portion

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or portions of the material on a page qualifies for protection, the

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producing party also must clearly identify the protected
STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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1700 Seventh Avenue, Suite 1810
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206.682.0565 Fax: [phone]

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portion(s) (e.g., by making appropriate markings in the

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

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prominent place on the exterior of the container or containers in

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which the information or item is stored the word

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“CONFIDENTIAL.” If only a portion or portions of the

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information or item warrant protection, the producing party, to

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the extent practicable, shall identify the protected portion(s).

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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

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STIPULATED PROTECTIVE ORDER
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1700 Seventh Avenue, Suite 1810
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206.682.0565 Fax: [phone]

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that the material is treated in accordance with the provisions of this

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agreement.

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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
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). 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

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STIPULATED PROTECTIVE ORDER
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206.682.0565 Fax: [phone]

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continue to maintain the material in question as confidential until the court

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rules on the challenge.

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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:
(a) promptly notify the designating party in writing and include a copy of the

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subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena

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or order is subject to this agreement. Such notification shall include a copy of

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this agreement; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued by the

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designating party whose confidential material may be affected.

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8.

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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confidential material to any person or in any circumstance not authorized under this

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agreement, the receiving party must immediately (a) notify in writing the designating party of

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the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

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protected material, (c) inform the person or persons to whom unauthorized disclosures were

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made of all the terms of this agreement, and (d) request that such person or persons execute

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the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

STIPULATED PROTECTIVE ORDER
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When a producing party gives notice to receiving parties that certain inadvertently

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produced material is subject to a claim of privilege or other protection, the obligations of the

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receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

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

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order or agreement that provides for production without prior privilege review. The parties

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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

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
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 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: 11/15/22______ SIGNED_s/Jeremiah S. Surface___________________________
Jeremiah Surface, WSBA No. 55937
Attorney for Plaintiffs

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DATED: 11/15/22______ SIGNED_s/Keith M. Liguori______________________________
Keith M. Liguori, WSBA No. 51501
Attorney for Defendant

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STIPULATED PROTECTIVE ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED

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IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of

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any documents in this proceeding shall not, for the purposes of this proceeding or any other

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federal or state proceeding, constitute a waiver by the producing party of any privilege

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applicable to those documents, including the attorney-client privilege, attorney work-product

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protection, or any other privilege or protection recognized by law.

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DATED: November 21, 2022

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A

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Tana Lin
United States District Judge

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STIPULATED PROTECTIVE ORDER
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206.682.0565 Fax: [phone]

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

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I, ____________________________________ [print or type full name], of

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____________________________________ [print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the Stipulated Protective

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Order that was issued by the United States District Court for the Western District of

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Washington on ____________ in the case of Fetchero et al v. Amica Mutual Insurance

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Company, case number 2:22-CV-0400-TL. I agree to comply with and to be bound by all

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the terms of this Stipulated Protective Order and I understand and acknowledge that failure to

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so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly

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promise that I will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance with the

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provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the

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Western District of Washington for the purpose of enforcing the terms of this Stipulated

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Protective Order, even if such enforcement proceedings occur after termination of this action.

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Date: ____________________

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City and State where sworn and signed: _______________________

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Printed name: _________________________

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Signature: ____________________________

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STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-00400-TL

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1700 Seventh Avenue, Suite 1810
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