Chang v. Little Monster LLC et al
STIPULATED PROTECTIVE ORDER. Signed by Judge Ricardo S. Martinez. (SB)
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 1 of 9
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. 2:22-cv-00847-RSM
LITTLE MONSTER LLC et al,
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.
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 2 of 9
“Confidential” material shall include the following documents and tangible things
3 produced or otherwise exchanged: (i) communications between any party or non-party and its
4 vendors, customers, or partners concerning non-public price information or other financial
5 arrangements; (ii) personal identifying information of any consumers (including names, phone
6 numbers, email addresses, physical addresses); (iii) non-public financial information produced by
7 any party or any non-party; and (iv) information subject to non-disclosure agreements with third
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:
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 3 of 9
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 parties
5 agree that a particular document or material produced is for Attorney’s Eyes Only and is so
experts and consultants to whom disclosure is reasonably necessary for this
8 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
11 confidential material, provided that counsel for the party retaining the copy or imaging service
12 instructs the service not to disclose any confidential material to third parties and to immediately
13 return all originals and copies of any confidential material;
during their depositions, witnesses in the action to whom disclosure is
15 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
16 (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of
17 transcribed deposition testimony or exhibits to depositions that reveal confidential material must
18 be separately bound by the court reporter and may not be disclosed to anyone except as permitted
19 under this agreement;
the author or recipient of a document containing the information or a
21 custodian or other person who otherwise possessed or knew the information; and
a party proceeding pro se.
Filing Confidential Material. Before filing confidential material or discussing or
24 referencing such material in court filings, the filing party shall confer with the designating party,
25 in accordance with Local Civil Rule 5(g)(3)(A), to determine whether the designating party will
26 remove the confidential designation, whether the document can be redacted, or whether a motion
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 4 of 9
1 to seal or stipulation and proposed order is warranted. During the meet and confer process, the
2 designating party must identify the basis for sealing the specific confidential information at issue,
3 and the filing party shall include this basis in its motion to seal, along with any objection to sealing
4 the information at issue. Local Civil Rule 5(g) sets forth the procedures that must be followed and
5 the standards that will be applied when a party seeks permission from the court to file material
6 under seal. A party who seeks to maintain the confidentiality of its information must satisfy the
7 requirements of Local Civil Rule 5(g)(3)(B), even if it is not the party filing the motion to seal.
8 Failure to satisfy this requirement will result in the motion to seal being denied, in accordance with
9 the strong presumption of public access to the Court’s files.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for Protection. Each party
12 or non-party that designates information or items for protection under this agreement must take
13 care to limit any such designation to specific material that qualifies under the appropriate
14 standards. The designating party must designate for protection only those parts of material,
15 documents, items, or oral or written communications that qualify, so that other portions of the
16 material, documents, items, or communications for which protection is not warranted are not swept
17 unjustifiably within the ambit of this agreement.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
19 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
20 unnecessarily encumber or delay the case development process or to impose unnecessary expenses
21 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
23 protection do not qualify for protection, the designating party must promptly notify all other parties
24 that it is withdrawing the mistaken designation.
Manner and Timing of Designations. Except as otherwise provided in this
26 agreement (see, e.g., second paragraph of section 5.2(b) below), or as otherwise stipulated or
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 5 of 9
1 ordered, disclosure or discovery material that qualifies for protection under this agreement must
2 be clearly so designated before or when the material is disclosed or produced.
Information in documentary form: (e.g., paper or electronic documents and
4 deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings),
5 the designating party must affix the word “CONFIDENTIAL” to each page that contains
6 confidential material. If only a portion or portions of the material on a page qualifies for protection,
7 the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate
8 markings in the margins).
Testimony given in deposition or in other pretrial proceedings: the parties
10 and any participating non-parties must identify on the record, during the deposition or other pretrial
11 proceeding, all protected testimony, without prejudice to their right to so designate other testimony
12 after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the
13 transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or
14 exhibits thereto, as confidential. If a party or non-party desires to protect confidential information
15 at trial, the issue should be addressed during the pre-trial conference.
Other tangible items: the producing party must affix in a prominent place
17 on the exterior of the container or containers in which the information or item is stored the word
18 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,
19 the producing party, to the extent practicable, shall identify the protected portion(s).
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
21 designate qualified information or items does not, standing alone, waive the designating party’s
22 right to secure protection under this agreement for such material. Upon timely correction of a
23 designation, the receiving party must make reasonable efforts to ensure that the material is treated
24 in accordance with the provisions of this agreement.
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 6 of 9
CHALLENGING CONFIDENTIALITY DESIGNATIONS
Timing of Challenges. Any party or non-party may challenge a designation of
3 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality
4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
5 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to
6 challenge a confidentiality designation by electing not to mount a challenge promptly after the
7 original designation is disclosed.
Meet and Confer. The parties must make every attempt to resolve any dispute
9 regarding confidential designations without court involvement. Any motion regarding confidential
10 designations or for a protective order must include a certification, in the motion or in a declaration
11 or affidavit, that the movant has engaged in a good faith meet and confer conference with other
12 affected parties in an effort to resolve the dispute without court action. The certification must list
13 the date, manner, and participants to the conference. A good faith effort to confer requires a face14 to-face meeting or a telephone conference.
Judicial Intervention. If the parties cannot resolve a challenge without court
16 intervention, the designating party may file and serve a motion to retain confidentiality under Local
17 Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of
18 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those
19 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
20 other parties) may expose the challenging party to sanctions. All parties shall continue to maintain
21 the material in question as confidential until the court rules on the challenge.
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
25 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 7 of 9
promptly notify the designating party in writing and include a copy of the
2 subpoena or court order;
promptly notify in writing the party who caused the subpoena or order to
4 issue in the other litigation that some or all of the material covered by the subpoena or order is
5 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
7 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
10 material to any person or in any circumstance not authorized under this agreement, the receiving
11 party must immediately (a) notify in writing the designating party of the unauthorized disclosures,
12 (b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the
13 person or persons to whom unauthorized disclosures were made of all the terms of this agreement,
14 and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be
15 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
19 produced material is subject to a claim of privilege or other protection, the obligations of the
20 receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
21 is not intended to modify whatever procedure may be established in an e-discovery order or
22 agreement that provides for production without prior privilege review. The parties agree to the
23 entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 8 of 9
NON TERMINATION AND RETURN OF DOCUMENTS
Within 60 days after the termination of this action, including all appeals, each receiving
3 party must return all confidential material to the producing party, including all copies, extracts and
4 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
6 documents filed with the court, trial, deposition, and hearing transcripts, correspondence,
7 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work
8 product, even if such materials contain confidential material.
The confidentiality obligations imposed by this agreement shall remain in effect until a
10 designating party agrees otherwise in writing or a court orders otherwise.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
12 DATED: January 18, 2023
14 DATED: January 18, 2023
s/ Hong Chang (by permission)
Plaintiff, Pro Se
s/ Nika Aldrich
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED
IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any
18 documents in this proceeding shall not, for the purposes of this proceeding or any other federal or
19 state proceeding, constitute a waiver by the producing party of any privilege applicable to those
20 documents, including the attorney-client privilege, attorney work-product protection, or any other
21 privilege or protection recognized by law.
DATED this 18th day of January, 2023.
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
Case 2:22-cv-00847-RSM Document 26 Filed 01/18/23 Page 9 of 9
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 in the case of
7 Chang v. Little Monster LLC et al, Case No. 2:22-cv-00847-RSM . I agree to comply with and to
8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge
9 that failure to so comply could expose me to sanctions and punishment in the nature of contempt.
10 I solemnly promise that I will not disclose in any manner any information or item that is subject
11 to this Stipulated Protective Order to any person or entity except in strict compliance with the
12 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:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?