Russell v. T-Mobile USA Inc

Filing 18

STIPULATED PROTECTIVE ORDER. Signed by Judge Marsha J. Pechman. (KRA)

Download PDF
1 The Honorable Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 SANDRA RUSSELL, individually, 10 Plaintiff, 11 No. 2:24-CV-00255-MJP STIPULATED PROTECTIVE ORDER v. 12 T-MOBILE USA, INC., a Foreign Profit Corporation, 13 Defendant. 14 Submitted: May 28, 2024 STIPULATION 15 16 1. PURPOSES AND LIMITATIONS 17 Discovery in this action is likely to involve production of confidential, proprietary, or 18 private information for which special protection may be warranted. Accordingly, the parties 19 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 20 parties 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 23 confidential treatment under the applicable legal principles, and it does not presumptively entitle 24 parties to file confidential information under seal. 25 2. “CONFIDENTIAL” MATERIAL 26 “Confidential” material shall include the following documents and tangible things 27 produced or otherwise exchanged: non-party employee personnel or performance records and STIPULATED PROTECTIVE ORDER - 1 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 related materials containing employee names, dates of birth, addresses, and other personally 2 identifiable information; non-party employee leave requests and communications responding to 3 such requests; proprietary or confidential training materials; documents and communications 4 detailing Defendant’s recruitment and hiring strategies; documents and communications 5 detailing Defendant’s data protection policies and procedures; and either party’s financial 6 documents or records. 7 3. SCOPE 8 The protections conferred by this agreement cover not only confidential material (as 9 defined above), but also (1) any information copied or extracted from confidential material; (2) 10 all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 11 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 12 13 the public domain or becomes part of the public domain through trial or otherwise. 14 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 15 4.1 Basic Principles. A receiving party may use confidential material that is 16 disclosed or produced by another party or by a non-party in connection with this case only for 17 prosecuting, defending, or attempting to settle this litigation. Confidential material may be 18 disclosed only to the categories of persons and under the conditions described in this agreement. 19 Confidential material must be stored and maintained by a receiving party at a location and in a 20 secure manner that ensures that access is limited to the persons authorized under this agreement. 21 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 22 ordered by the court or permitted in writing by the designating party, a receiving party may 23 disclose any confidential material only to: 24 (a) The receiving party’s counsel of record in this action, as well as 25 employees of counsel to whom it is reasonably necessary to disclose the information for 26 this litigation; 27 STIPULATED PROTECTIVE ORDER - 2 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 (b) 1 The officers, directors, and employees (including in house counsel) of the 2 receiving party to whom disclosure is reasonably necessary for this litigation, unless the 3 parties agree that a particular document or material produced is for Attorney’s Eyes Only 4 and is so designated; (c) 5 Experts and consultants to whom disclosure is reasonably necessary for 6 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 7 (Exhibit A); 8 (d) The court, court personnel, and court reporters and their staff; 9 (e) Copy or imaging services retained by counsel to assist in the duplication 10 of confidential material, provided that counsel for the party retaining the copy or imaging 11 service instructs the service not to disclose any confidential material to third parties and 12 to immediately return all originals and copies of any confidential material; (f) 13 During their depositions, witnesses in the action to whom disclosure is 14 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 15 Bound” (Exhibit A), unless otherwise agreed by the designating party or ordered by the 16 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 17 confidential material must be separately bound by the court reporter and may not be 18 disclosed to anyone except as permitted under this agreement; (g) 19 The author or recipient of a document containing the information or a 20 custodian or other person who otherwise possessed or knew the information. 21 4.3 Filing Confidential Material. Before filing confidential material or discussing or 22 referencing such material in court filings, the filing party shall confer with the designating party, 23 in accordance with Local Civil Rule 5(g)(3)(A), to determine whether the designating party will 24 remove the confidential designation, whether the document can be redacted, or whether a motion 25 to seal or stipulation and proposed order is warranted. During the meet and confer process, the 26 designating party must identify the basis for sealing the specific confidential information at issue, 27 and the filing party shall include this basis in its motion to seal, along with any objection to STIPULATED PROTECTIVE ORDER - 3 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 sealing the information at issue. Local Civil Rule 5(g) sets forth the procedures that must be 2 followed and the standards that will be applied when a party seeks permission from the court to 3 file material under seal. A party who seeks to maintain the confidentiality of its information must 4 satisfy the requirements of Local Civil Rule 5(g)(3)(B), even if it is not the party filing the 5 motion to seal. Failure to satisfy this requirement will result in the motion to seal being denied, 6 in accordance with the strong presumption of public access to the Court’s files. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 9 party or non-party that designates information or items for protection under this agreement must 10 take care to limit any such designation to specific material that qualifies under the appropriate 11 standards. The designating party must designate for protection only those parts of material, 12 documents, items, or oral or written communications that qualify, so that other portions of the 13 material, documents, items, or communications for which protection is not warranted are not 14 swept unjustifiably within the ambit of this agreement. 15 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 16 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 17 unnecessarily encumber or delay the case development process or to impose unnecessary 18 expenses and burdens on other parties) expose the designating party to sanctions. 19 If it comes to a designating party’s attention that information or items that it designated 20 for protection do not qualify for protection, the designating party must promptly notify all other 21 parties that it is withdrawing the mistaken designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in this 23 agreement (see, e.g., second paragraph of section 5.2(b) below), or as otherwise stipulated or 24 ordered, disclosure or discovery material that qualifies for protection under this agreement must 25 be clearly so designated before or when the material is disclosed or produced. 26 27 (a) Information in documentary form: (e.g., paper or electronic documents and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial STIPULATED PROTECTIVE ORDER - 4 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 proceedings), the designating party must affix the word “CONFIDENTIAL” to each page 2 that contains confidential material. If only a portion or portions of the material on a page 3 qualifies for protection, the producing party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). (b) 5 Testimony given in deposition or in other pretrial proceedings: the parties 6 and any participating non-parties must identify on the record, during the deposition or 7 other pretrial proceeding, all protected testimony, without prejudice to their right to so 8 designate other testimony after reviewing the transcript. Any party or non-party may, 9 within fifteen days after receiving the transcript of the deposition or other pretrial 10 proceeding, designate portions of the transcript, or exhibits thereto, as confidential. If a 11 party or non-party desires to protect confidential information at trial, the issue should be 12 addressed during the pre-trial conference. (c) 13 Other tangible items: the producing party must affix in a prominent place 14 on the exterior of the container or containers in which the information or item is stored 15 the word “CONFIDENTIAL.” If only a portion or portions of the information or item 16 warrant protection, the producing party, to the extent practicable, shall identify the 17 protected portion(s). 18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 19 designate qualified information or items does not, standing alone, waive the designating party’s 20 right to secure protection under this agreement for such material. Upon timely correction of a 21 designation, the receiving party must make reasonable efforts to ensure that the material is 22 treated in accordance with the provisions of this agreement. 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any party or non-party may challenge a designation of 25 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 26 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 27 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to STIPULATED PROTECTIVE ORDER - 5 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 challenge a confidentiality designation by electing not to mount a challenge promptly after the 2 original designation is disclosed. 6.2 3 Meet and Confer. The parties must make every attempt to resolve any dispute 4 regarding confidential designations without court involvement. Any motion regarding 5 confidential designations or for a protective order must include a certification, in the motion or in 6 a declaration or affidavit, that the movant has engaged in a good faith meet and confer 7 conference with other affected parties in an effort to resolve the dispute without court action. The 8 certification must list the date, manner, and participants to the conference. A good faith effort to 9 confer requires a face-to-face meeting or a telephone conference. 6.3 10 Judicial Intervention. If the parties cannot resolve a challenge without court 11 intervention, the designating party may file and serve a motion to retain confidentiality under 12 Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 13 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those 14 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 15 other parties) may expose the challenging party to sanctions. All parties shall continue to 16 maintain the material in question as confidential until the court rules on the challenge. 17 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 18 OTHER LITIGATION 19 If a party is served with a subpoena or a court order issued in other litigation that compels 20 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 21 party must: 22 23 24 (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 25 issue in the other litigation that some or all of the material covered by the subpoena or 26 order is subject to this agreement. Such notification shall include a copy of this 27 agreement; and STIPULATED PROTECTIVE ORDER - 6 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 (c) 1 Cooperate with respect to all reasonable procedures sought to be pursued 2 by the designating party whose confidential material may be affected. 3 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential 5 material to any person or in any circumstance not authorized under this agreement, the receiving 6 party must immediately (a) notify in writing the designating party of the unauthorized 7 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the protected material, 8 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 9 this agreement, and (d) request that such person or persons execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL When a producing party gives notice to receiving parties that certain inadvertently 13 14 produced material is subject to a claim of privilege or other protection, the obligations of the 15 receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 16 provision is not intended to modify whatever procedure may be established in an e-discovery 17 order or agreement that provides for production without prior privilege review. The parties agree 18 to the entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein. 19 10. NON TERMINATION AND RETURN OF DOCUMENTS 20 Within 60 days after the termination of this action, including all appeals, each receiving 21 party must return all confidential material to the producing party, including all copies, extracts 22 and summaries thereof. Alternatively, the parties may agree upon appropriate methods of 23 destruction. 24 Notwithstanding this provision, counsel are entitled to retain one archival copy of all 25 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 26 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 27 work product, even if such materials contain confidential material. STIPULATED PROTECTIVE ORDER - 7 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 The confidentiality obligations imposed by this agreement shall remain in effect until a 2 designating party agrees otherwise in writing or a court orders otherwise. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 Dated: May 28, 2024. 5 6 7 8 9 VAN SICLEN, STOCKS & FIRKINS Attorneys for Plaintiff DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant By s/ Jeffrey O. Musto Jeffrey O. Musto, WSBA #52805 721 45th Street Northeast Auburn, WA 98002 Telephone: 253.859.8899 Email: By s/ Portia R. Moore Portia R. Moore, WSBA #13354 Giancarlo Urey, WSBA #57898 Katie Loberstein, WSBA #51091 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 Telephone: 206.622.3150 Email: Email: Email: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED PROTECTIVE ORDER - 8 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 ORDER 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED 3 IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any 4 documents, electronically stored information (ESI) or information, whether inadvertent or 5 otherwise, in this proceeding shall not, for the purposes of this proceeding or any other federal or 6 state proceeding, constitute a waiver by the producing party of any privilege applicable to those 7 documents, including the attorney-client privilege, attorney work-product protection, or any 8 other privilege or protection recognized by law. This Order shall be interpreted to provide the 9 maximum protection allowed by Fed. R. Evid. 502(d). The provisions of Fed. R. Evid. 502(b) 10 do not apply. Nothing contained herein is intended to or shall serve to limit a party’s right to 11 conduct a review of documents, ESI or information (including metadata) for relevance, 12 responsiveness and/or segregation of privileged and/or protected information before production. 13 Information produced in discovery that is protected as privileged or work product shall be 14 immediately returned to the producing party. 15 DATE: June 3, 2024. A 16 17 The Honorable Marsha J. Pechman United States District Court Judge 18 19 20 21 22 23 24 25 26 27 STIPULATED PROTECTIVE ORDER - 9 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ____________________________________ [print or type full name], of 4 _____________________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that was issued by 6 the United States District Court for the Western District of Washington on __________ [date] in 7 the case of Sandra Russell v. T-Mobile USA, Inc., Case No. 2:24-cv-00255-MJP. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 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 15 Protective Order, even if such enforcement proceedings occur after termination of this action. 16 DATE: 17 Signature: 18 Printed name: 19 City & State: 20 21 22 23 24 25 26 27 STIPULATED PROTECTIVE ORDER - 10 (Case No. 2:24-cv-00255-MJP) 4881-8975-3789v.3 0102559-000732 (where sworn and signed)

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?