Bel-Red Partners LLC v. First American Title Insurance Company

Filing 32

STIPULATED PROTECTIVE ORDER. Signed by District Judge Kymberly K. Evanson. (KRA)

The Honorable Kymberly K. Evanson

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BEL-RED PARTNERS, LLC, a Washington
limited liability company,
Plaintiff,

Case No.: 2:24-cv-01563-KKE
STIPULATED PROTECTIVE ORDER
NOTE ON MOTION CALENDAR:
MARCH 6, 2025

v.
FIRST AMERICAN TITLE INSURANCE
COMPANY, a Nebraska corporation,

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Defendant.

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I.

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PURPOSE AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential, proprietary, or

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private information for which special protection may be warranted. Accordingly, the parties

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hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The

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parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket

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protection on all disclosures or responses to discovery, the protection it affords from public

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disclosure and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles, and it does not presumptively

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entitle parties to file confidential information under seal.

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II.

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“CONFIDENTIAL” MATERIAL

“Confidential” material shall include the following documents and tangible things
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produced or otherwise exchanged: Plaintiff’s Operating Agreement and related amendments,

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Plaintiff’s internal documents describing its business plan for the property, financial statements,

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construction budgets and related projections, documents pertaining to Plaintiff’s anticipated

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profit projections for the subject property, documents related to proprietary lending products

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that Plaintiff has utilized, and communications related to the same documents described in this

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section.
III.

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SCOPE

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The protections conferred by this agreement cover not only confidential material (as

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defined above), but also (1) any information copied or extracted from confidential material; (2)

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all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony,

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conversations, or presentations by parties or their counsel that might reveal confidential

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material. However, the protections conferred by this agreement do not cover information that

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is in the public domain or becomes part of the public domain through trial or otherwise.
IV.

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4.1

ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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 this case only for

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prosecuting, defending, or attempting to settle this litigation. Confidential material may be

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disclosed only to the categories of persons and under the conditions described in this agreement.

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Confidential material must be stored and maintained by a receiving party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under this 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 receiving party may

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disclose any confidential material only to: (a) the receiving party’s counsel of record in this

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action, as well as employees of counsel to whom it is reasonably necessary to disclose the

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information for this litigation; (b) the officers, directors, and employees (including in house

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counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation;
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(c) experts and consultants to whom disclosure is reasonably necessary for this litigation and

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who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the

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court, court personnel, and court reporters and their staff; (e) copy or imaging services retained

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by counsel to assist in the duplication of confidential material, provided that counsel for the

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party retaining the copy or imaging service instructs the service not to disclose any confidential

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material to third parties and to immediately return all originals and copies of any confidential

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material; (f) during their depositions, witnesses in the action to whom disclosure is reasonably

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necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A), unless otherwise agreed by the designating party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal confidential material

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must be separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this agreement; (g) the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the information.

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4.3

Filing Confidential Material. Before filing confidential material or discussing or

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

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

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remove the confidential designation, whether the document can be redacted, or whether a

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motion to 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 confidential

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information at issue, and if the designating party is not the party filing the information, it shall

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provide the written basis within two days of such conference and the filing party shall include

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that basis in 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 standards that will

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be applied when a party seeks permission from the court to file material under seal. A party

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who seeks to maintain the confidentiality of its information must satisfy the requirements of

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Local Civil Rule 5(g)(3)(B), even if it is not the party filing the motion to seal. Failure to satisfy
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BUCHALTER

1420 FIFTH AVENUE, SUITE 3100
SEATTLE, WA 98101-1337
TELEPHONE: [phone]

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

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

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5.1

DESIGNATING PROTECTED MATERIAL

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 this agreement must

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take care to limit any such designation to specific material that qualifies under the appropriate

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standards. The designating party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify, so that other portions of the

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

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swept unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are

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shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or delay the case development process or to impose unnecessary

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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 designated

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for protection do not qualify for protection, the designating party must promptly notify all other

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parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this

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agreement (see, e.g., second paragraph of section 5.2(b) below), or as otherwise stipulated or

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ordered, disclosure or discovery material that qualifies for protection under this agreement must

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be clearly so designated before or when the material is disclosed or produced.
(a)

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Information in documentary form: (e.g., paper or electronic documents

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and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial

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proceedings), the designating party must affix the word “CONFIDENTIAL” to each page that

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contains confidential material. If only a portion or portions of the material on a page qualifies

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for protection, the producing party also must clearly identify the protected portion(s) (e.g., by
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making appropriate markings in the margins).
(b)

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Testimony given in deposition or in other pretrial proceedings: the

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parties and any participating non-parties must identify on the record, during the deposition or

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other pretrial proceeding, all protected testimony, without prejudice to their right to so designate

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other testimony after reviewing the transcript. Any party or non-party may, within fifteen days

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after receiving the transcript of the deposition or other pretrial proceeding, designate portions

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of the transcript, or exhibits thereto, as confidential. If a party or non-party desires to protect

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confidential information at trial, the issue should be addressed during the pre-trial conference.
(c)

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Other tangible items: the producing party must affix in a prominent place

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on the exterior of the container or containers in which the information or item is stored the word

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“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,

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the producing party, to 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

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designate qualified information or items does not, standing alone, waive the designating party’s

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right to secure protection under this agreement for such material. Upon timely correction of a

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designation, the receiving party must make reasonable efforts to ensure that the material is

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treated in accordance with the provisions of this agreement.
VI.

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6.1

CHALLENGING CONFIDENTIALITY DESIGNATIONS

Timing of Challenges. Any party or non-party may challenge a designation of

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confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. The parties must make every attempt to resolve any dispute

regarding confidential designations without court involvement. Any motion regarding
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BUCHALTER

1420 FIFTH AVENUE, SUITE 3100
SEATTLE, WA 98101-1337
TELEPHONE: [phone]

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confidential designations or for a protective order must include a certification, in the motion or

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in a declaration or affidavit, that the movant has engaged in a good faith meet and confer

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conference with other affected parties in an effort to resolve the dispute without court action.

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The certification must list the date, manner, and participants to the conference. A good faith

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effort to confer requires a face to-face meeting or a telephone conference.

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6.3 Judicial Intervention. If the parties cannot resolve a challenge without court

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intervention, the designating party may file and serve a motion to retain confidentiality under

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Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). Any such

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motion shall be subject to the Discovery Disputes provision of Judge Evanson’s Chambers

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Procedures for Civil Cases. The burden of persuasion in any such motion shall be on the

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designating party. Frivolous challenges, and those made for an improper purpose (e.g., to harass

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or impose unnecessary expenses and burdens on other parties) may expose the challenging party

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to sanctions. All parties shall continue to maintain the material in question as confidential until

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the court rules on the challenge.

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VII.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

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If a party is served with a subpoena or a court order issued in other litigation that

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compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” that party must:

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(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

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

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to this agreement. Such notification shall include a copy of this agreement; and

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(c)

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

designating party whose confidential material may be affected.
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BUCHALTER

1420 FIFTH AVENUE, SUITE 3100
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VII.

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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 agreement,

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

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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 the

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

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IX.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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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.
X.

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NON TERMINATION AND RETURN OF DOCUMENTS

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Within 60 days after the termination of this action, including all appeals, each receiving

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party must return all confidential material to the producing party, including all copies, extracts

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and summaries thereof. Alternatively, the parties may agree upon appropriate methods of

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destruction.

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Notwithstanding this provision, counsel are entitled to retain one archival copy of all

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documents filed with the court, trial, deposition, and hearing transcripts, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and consultant and expert

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work product, even if such materials contain confidential material.

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The confidentiality obligations imposed by this agreement shall remain in effect until a
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BUCHALTER

1420 FIFTH AVENUE, SUITE 3100
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designating party agrees otherwise in writing or a court orders otherwise.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

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Dated: March 6, 2025

BUCHALTER

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By: /s/Adam C. Doupé
Brad P. Thoreson, WSBA #18190
Adam C. Doupé, WSBA #55483

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1420 Fifth Avenue, Suite 3100
Seattle, WA 98101-1337
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
BEL-RED PARTNERS, LLC

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/s/ Teruyuki S. Olsen
Teruyuki S. Olsen, WSBA #40855
Connor Rankin, WSBA #52514
OSERAN HAHN P.S.
11225 SE 6th Street, Suite #100
Bellevue, Washington 98004
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant

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/s/ Christopher I. Ritter
Christopher Ritter, Pro Hac Vice
Scott Gizer, Pro Hac Vice
EARLY SULLIVAN WRIGHT GIZER
& McRAE LLP
6420 Wilshire Blvd., 17th Floor
Los Angeles, CA 90048
T: [phone]
F: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant

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1420 FIFTH AVENUE, SUITE 3100
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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: March 12, 2025

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a

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Kymberly K. Evanson
United States District Judge

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BUCHALTER

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EXHIBIT A

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ACKNOWLEDGMENT 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 penalty

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

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was issued by the United States District Court for the Western District of Washington on [date]

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in the case of Bel-Red Partners, LLC v. First American Title Insurance Company, Case No.

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2:24-cv-01563-KKE. I agree to comply with and to be bound by all the terms of this Stipulated

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Protective Order and I understand and acknowledge that failure to so comply could expose me

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to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this Stipulated Protective Order

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to any person or entity except in strict compliance with the provisions of this Order. I further

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agree to submit to the jurisdiction of the United States District Court for the Western District

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of Washington for the purpose of enforcing the terms of this Stipulated Protective Order, even

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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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5803307.1

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CASE NO.: 2:24-CV-01563-KKE
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BUCHALTER

1420 FIFTH AVENUE, SUITE 3100
SEATTLE, WA 98101-1337
TELEPHONE: [phone]