Parsons v. Providence Health & Services - Washington

Filing 13

STIPULATED PROTECTIVE ORDER AND FRE 502(D) AND (E) CLAWBACK AGREEMENT by Hon. Michelle L. Peterson, re: 12 Stipulated MOTION for Protective Order. (TF)

The Honorable Michelle L. Peterson

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

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KYLE PARSONS, individually,

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Plaintiff,
v.
PROVIDENCE HEALTH & SERVICES WASHINGTON, a Washington non-profit
corporation,

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Case No. 2:24-cv-02033-MLP
STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK
AGREEMENT

Defendant.

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1.

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 and Clawback Agreement.
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.
2.

“CONFIDENTIAL” MATERIAL

“Confidential” material shall mean information (regardless of how generated, stored, or

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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maintained) that has not been made public or is not otherwise available or accessible in the public
domain and that concerns or relates to the confidential or proprietary information of either party or
any third parties. This includes the following documents and tangible things produced or otherwise
exchanged: (a) Sensitive personal identifying information, including, but not limited to, the personal
identifiers listed in LCR 5.2(a), individuals’ private employment records, and documents which are
protected by the Health Insurance Portability and Accountability Act; (b) Non-public financial,
accounting, commercial, proprietary data or applications, or other proprietary or trade secret
information of the parties; (c) Non-public financial, accounting, commercial, proprietary data or
applications, or other private or confidential information of any current or former customer or
business partner of the parties; (d) Information over which the designating party is obligated to
maintain confidentiality by law, contract, or otherwise; and (e) Information expressly designated as,
and reasonably believed by the designating party to be, confidential in nature.
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 disclosed or

produced by another party or by a non-party in connection with this case only for prosecuting,
defending, or attempting to settle this litigation. Confidential material may be disclosed only to the
categories of persons and under the conditions described in this agreement. Confidential material
must be stored and maintained by a receiving party at a location and in a secure manner that ensures

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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that access is limited to the persons authorized under this agreement.
4.2

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

by the court or permitted in writing by the designating party, a receiving party may disclose any
confidential material only to:
(a)

the receiving party and receiving party’s counsel of record in this action, as

well as employees of counsel to whom it is reasonably necessary to disclose the information for this
litigation unless the parties agree that a particular document or material produced is for Attorney’s
Eyes Only and is so designated;
(b)

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

receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties agree
that a particular document or material produced is for Attorney’s Eyes Only and is so designated;
(c)

experts and consultants to whom disclosure is reasonably necessary for this

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

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

(e)

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

confidential material, provided that counsel for the party retaining the copy or imaging service
instructs the service not to disclose any confidential material to third parties and to immediately
return all originals and copies of any confidential material;
(f)

during their depositions, witnesses who have been disclosed and, in the

attorney’s professional judgment, to whom disclosure is reasonably necessary, and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
designating party or ordered by the court. Pages of transcribed deposition testimony or exhibits to
depositions that reveal confidential material must be separately bound by the court reporter and may
not be disclosed to anyone except as permitted under this agreement;
(g)

the author or recipient of a document containing the information or a

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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custodian or other person who otherwise possessed or knew the information; and
(h)
4.3

Mediators engaged by the parties.
Filing Confidential Material. Before filing confidential material or discussing or

referencing such material in court filings, the filing party shall confer with the designating party, in
accordance with Local Civil Rule 5(g)(3)(A), to determine whether the designating party will
remove the confidential designation, whether the document can be redacted, or whether a motion to
seal or stipulation and proposed order is warranted. During the meet and confer process, the
designating party must identify the basis for sealing the specific confidential information at issue,
and the filing party shall include this basis in its motion to seal, along with any objection to sealing
the information at issue. Local Civil Rule 5(g) sets forth the procedures that must be followed and
the standards that will be applied when a party seeks permission from the court to file material under
seal. A party who seeks to maintain the confidentiality of its information must satisfy the
requirements of Local Civil Rule 5(g)(3)(B), even if it is not the party filing the motion to seal.
Failure to satisfy this requirement will result in the motion to seal being denied, in accordance with
the strong presumption of public access to the Court’s files.
5.

DESIGNATING PROTECTED MATERIAL

5.1

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

non-party that designates information or items for protection under this agreement must take care to
limit any such designation to specific material that qualifies under the appropriate standards. The
designating party must designate for protection only those parts of material, documents, items, or
oral or written communications that qualify, so that other portions of the material, documents, items,
or communications for which protection is not warranted are not swept unjustifiably within the ambit
of this agreement.
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

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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encumber or delay the case development process or to impose unnecessary expenses 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
protection do not qualify for protection, the designating party must promptly notify all other parties
that it is withdrawing the mistaken designation.
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 documents and

deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings),
the designating party must affix the word “CONFIDENTIAL” to each page that contains
confidential material. If only a portion or portions of the material on a page qualifies for protection,
the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
(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 prominent place on

the exterior of the container or containers in which the information or item is stored the word
“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, the

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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producing party, to the extent practicable, shall identify the protected portion(s).
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 that the material is treated in accordance
with the provisions of this agreement.
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

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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expose the challenging party to sanctions. All parties shall continue to maintain the material in
question as confidential until the court rules on the challenge.
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

subpoena or court order;
(b)

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

in the other litigation that some or all of the material covered by the subpoena or order is subject to
this agreement. Such notification shall include a copy of this agreement; and
(c)

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

the designating party whose confidential material may be affected.
8.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

Counsel in possession of another party's Confidential information shall maintain a written
information security program that includes reasonable administrative, technical, and physical
safeguards designed to protect the security and confidentiality of such Confidential information,
protect against any reasonably anticipated threats or hazards to the security of such Confidential
information, and protect against unauthorized access to or use of such Confidential information. To
the extent Counsel does not have an information security program they may comply with this
provision by having the Confidential information managed by and/or stored with eDiscovery
vendors or claims administrators that maintain such an information security program.
If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential
material to any person or in any circumstance not authorized under this agreement, the receiving

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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party must immediately (a) notify in writing the designating party of the unauthorized disclosures,
(b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the
person or persons to whom unauthorized disclosures were made of all the terms of this agreement,
and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be
Bound” that is attached hereto as Exhibit A.
If the receiving party discovers a breach of security, including any actual or suspected
unauthorized access, relating to another party’s Confidential information, the receiving party shall:
(a) promptly provide written notice to the designating party of such breach; (b) investigate and take
reasonable efforts to remediate the effects of the breach, and provide the designating party with
assurances reasonably satisfactory to the designating party that such breach shall not recur; and (c)
provide sufficient information about the breach that the designating Party can reasonably ascertain
the size and scope of the breach. If required by any judicial or governmental request, requirement,
or order to disclose such information, the receiving party shall take all reasonable steps to give the
designating party sufficient prior notice in order to contest such request, requirement, or order
through legal means. The receiving party agrees to cooperate with the designating party or law
enforcement in investigating any such security incident. In any event, the receiving party shall
promptly take all necessary and appropriate corrective action to terminate the unauthorized access.
9.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE

PROTECTED MATERIAL
When a producing party gives notice to receiving parties that certain inadvertently produced
material is subject to a claim of privilege or other protection, the obligations of the receiving parties
are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
modify whatever procedure may be established in an e-discovery order or agreement that provides
for production without prior privilege review. The parties agree to the entry of a non-waiver order
under Fed. R. Evid. 502(d) as set forth herein. The parties agree to the protection of privileged and

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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otherwise protected documents against claims of waiver (including as against third parties and in
other federal and state proceedings) as follows:
(a)

The disclosure or production of documents by a producing party subject to a legally

recognized claim of privilege, including without limitation the attorney-client privilege and the
work-product doctrine, to a receiving party, shall in no way constitute the voluntary disclosure of
such document.
(b)

The inadvertent disclosure or production of any document in this action shall not

result in the waiver of any privilege, evidentiary protection, or other protection associated with such
document as to the receiving party or any third parties, and shall not result in any waiver, including
subject matter waiver, of any kind.
(c)

If, during the course of this litigation, a party determines that any document produced

by another party is or may reasonably be subject to a legally recognizable privilege or evidentiary
protection (“Protected Document”):
(i)

the receiving party shall: (A) refrain from reading the Protected Document any more

closely than is necessary to ascertain that it is privileged or otherwise protected from disclosure; (B)
immediately notify the producing party in writing that it has discovered documents believed to be
privileged or protected; (C) specifically identify the Protected Documents by Bates number range or
hash value; and, (D) within ten days of discovery by the receiving party, return, sequester, or destroy
all copies of such Protected Documents, along with any notes, abstracts, or compilations of the
content thereof. To the extent that a Protected Document has been loaded into a litigation review
database under the control of the receiving party, the receiving party shall have all electronic copies
of the Protected Document extracted from the database. Where such Protected Documents cannot
be destroyed or separated, they shall not be reviewed, disclosed, or otherwise used by the receiving
party. Notwithstanding, the receiving party is under no obligation to search or review the producing
party’s documents to identify potentially privileged or work product Protected Documents.

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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(ii)

If the producing party intends to assert a claim of privilege or other protection over

documents identified by the receiving party as Protected Documents, the producing party will, within
ten days of receiving the receiving party’s written notification described above, inform the receiving
party of such intention in writing and shall provide the receiving party with a log for such Protected
Documents that is consistent with the requirements of the Federal Rules of Civil Procedure, setting
forth the basis for the claim of privilege or other protection. In the event that any portion of a
Protected Document does not contain privileged or protected information, the producing party shall
also provide to the receiving party a redacted copy of the document that omits the information that
the producing party believes is subject to a claim of privilege or other protection.
(d)

If, during the course of this litigation, a party determines it has produced a Protected

Document:
(i)

the producing party may notify the receiving party of such inadvertent production in

writing, and demand the return of such documents. Such notice shall be in writing; however, it may
be delivered orally on the record at a deposition, promptly followed up in writing. The producing
party’s written notice will identify the Protected Document inadvertently produced by Bates number
range or hash value, the privilege or protection claimed, and the basis for the assertion of the
privilege and shall provide the receiving party with a log for such Protected Documents that is
consistent with the requirements of the Federal Rules of Civil Procedure, setting forth the basis for
the claim of privilege or other protection. In the event that any portion of the Protected Document
does not contain privileged or protected information, the producing party shall also provide to the
receiving party a redacted copy of the document that omits the information that the producing party
believes is subject to a claim of privilege or other protection.
(ii)

The receiving party must, within ten days of receiving the producing party’s written

notification described above, return, sequester, or destroy the Protected Document and any copies,
along with any notes, abstracts, or compilations of the content thereof. To the extent that a Protected

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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Document has been loaded into a litigation review database under the control of the receiving party,
the receiving party shall have all electronic copies of the Protected Document extracted from the
database.
(e)

To the extent that the information contained in a Protected Document has already

been used in or described in other documents generated or maintained by the receiving party prior
to the date of receipt of written notice by the producing party as set forth in paragraphs (c)(ii) and
d(i), then the receiving party shall sequester such documents until the claim has been resolved. If
the receiving party disclosed the Protected Document before being notified of its inadvertent
production, it must take reasonable steps to retrieve it.
(f)

The receiving party’s return, sequestering, or destruction of Protected Documents as

provided herein will not act as a waiver of the requesting party’s right to move for the production of
the returned, sequestered, or destroyed documents on the grounds that the documents are not, in fact,
subject to a viable claim of privilege or protection. However, the receiving party is prohibited and
estopped from arguing that:
(i)

the disclosure or production of the Protected Documents acts as a waiver of an

applicable privilege or evidentiary protection;
(ii)

the disclosure of the Protected Documents was not inadvertent;

(iii)

the producing party did not take reasonable steps to prevent the disclosure of the

Protected Documents; or
(iv)

the producing party failed to take reasonable or timely steps to rectify the error.

(g)

Either party may submit Protected Documents to the Court under seal for a

determination of the claim of privilege or other protection. The producing party shall preserve the
Protected Documents until such claim is resolved. The receiving party may not use the Protected
Documents for any purpose absent this Court’s order.
(h)

Upon a determination by the Court that the Protected Documents are protected by the

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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applicable privilege or evidentiary protection, and if the Protected Documents have been sequestered
rather than returned or destroyed by the receiving party, and subject to the exceptions outlined in
Paragraph 10 below, the Protected Documents shall be returned or destroyed within 10 days of the
Court’s order. The Court may also order the identification by the receiving party of Protected
Documents by search terms or other means.
(i)

Nothing contained herein is intended to, or shall serve to limit a party’s right to

conduct a review of documents, data (including electronically stored information), and other
information, including without limitation, metadata, for relevance, responsiveness, and/or the
segregation of privileged and/or protected information before such information is produced to
another party.
(j)

By operation of the parties’ agreement, the parties are specifically afforded the

protections of Fed. R. Evid. 502(e).
10.

NON TERMINATION AND RETURN OF DOCUMENTS

(a)

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

receiving party, upon written request, 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.
(b)

If Confidential material or Protected Documents have been loaded into any litigation

review database, the attorney for the party using such database shall have the responsibility of
ensuring that all such Confidential material or Protected Documents, including all associated images
and native files, are extracted from such databases (including any associated staging databases) and
destroyed. “Destroyed” shall mean deletion of documents from all databases, applications, and/or
file systems in a manner such that they are not readily accessible without the use of specialized tools
or techniques typically used by a forensic expert.
(c)

Counsel of record for the parties may retain copies of any part of the Confidential

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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material or Protected Documents produced by others that has become part of counsel’s official file
of this litigation as well as abstracts or summaries of materials that reference Confidential material
or Protected Documents that contain counsel's mental impressions or opinions. Such copies shall
remain subject to the terms of this Protective Order.
(d)

shall not be required to return or to destroy any Confidential material or Protected Documents to the
extent such information is (i) stored on media that is generally considered not reasonably accessible,
such as disaster recovery backup tapes, or (ii) only retrievable through the use of specialized tools
or techniques typically used by a forensic expert; provided that to the extent any Confidential
material or Protected Documents are not returned or destroyed due to the foregoing reasons, such
Confidential material or Protected Documents shall remain subject to the confidentiality obligations
of this Protective Order.
The confidentiality obligations imposed by this agreement shall remain in effect until a
designating party agrees otherwise in writing or a court orders otherwise.
11.

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The parties, counsel of record for the parties, and experts or consultants for a party

COMPUTATION OF TIME

The computation of any period of time prescribed or allowed by this Order shall be governed
by the provisions for computing time set forth in FRCP 6.
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//
//
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//

STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
DATED: March 11, 2025
s/Matthew J. Bean
Matthew J. Bean, WSBA #23221
[e-mail]
Jason W. Preston, WSBA #61451
[e-mail]

s/Ryan P. Hammond
Ryan P. Hammond, WSBA #38888
[e-mail]
Natasha Mishra, WSBA #62306
[e-mail]

BEAN LAW GROUP
2200 6th Ave., Suite 500
Seattle, WA 98121
Tel: [phone]

LITTLER MENDELSON, P.C.
One Union Square
600 University Street, Suite 3200
Seattle, WA 98101.3122
Phone: [phone]
Fax: [phone]

Attorneys for Plaintiff

Attorneys for Defendant

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STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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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 any

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documents, electronically stored information (ESI) or information, whether inadvertent or

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

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state proceeding, constitute a waiver by the producing party of any privilege applicable to those

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documents, including the attorney-client privilege, attorney work-product protection, or any other

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privilege or protection recognized by law. This Order shall be interpreted to provide the maximum

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protection allowed by Fed. R. Evid. 502(d). The provisions of Fed. R. Evid. 502(b) do not apply.

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Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of

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documents, ESI or information (including metadata) for relevance, responsiveness and/or

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segregation of privileged and/or protected information before production. Information produced in

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discovery that is protected as privileged or work product shall be immediately returned to the

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producing party.

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Dated this 11th day of March, 2025.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300

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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

___________________________________ [print or type full address], declare under penalty of
perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued
by the United States District Court for the Western District of Washington on [date] in the case of
Kyle Parsons vs. Providence Health & Services – Washington, Case No. 2:24-cv-02033-MLP. I
agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions and punishment
in the nature of contempt. I solemnly promise that I will not disclose in any manner any information
or item that is subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Western
District of Washington for the purpose of enforcing the terms of this Stipulated Protective Order,
even if such enforcement proceedings occur after termination of this action.
Date:
City and State where sworn and signed:
Printed name:
Signature:

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STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK AGREEMENT
CASE NO. 2:24-CV-02033-MLP
Error! Unknown document property name.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
ONE UNION SQUARE
600 UNIVERSITY STREET, SUITE 3200
SEATTLE, WASHINGTON 98101.3122
206.623.3300