Balsley v. BNSF Railway Company

Filing 38

STIPULATION FOR PROTECTIVE ORDER AND ORDER. Signed by Judge Robert J. Bryan. (JL)

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MONTGOMERY SCARP MACDOUGALL, PLLC 1218 Third Avenue, Suite 2700 Seattle, Washington 98101 Telephone [phone] Facsimile [phone]

HONORABLE ROBERT J. BRYAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

DENNIS BALSLEY, Plaintiff, vs. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant.

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No. C09-5168 RJB STIPULATION FOR PROTECTIVE ORDER AND ORDER

I. STIPULATION To protect the confidentiality of information contained in discovery materials produced, and other information disclosed, through discovery in this litigation, the parties through their counsel of record stipulate to entry of a Protective Order which provides as follows: 1. BNSF is producing documents to plaintiff pursuant to this Court's Order dated

October 4, 2010 on plaintiff's second motion to compel. Such documents are comprised of incident and/or injury reports which contain information relating to BNSF employees who are not parties to this lawsuit. The parties do therefore stipulate that the information contained in

STIPULATION FOR PROTECTIVE ORDER - 1

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those documents (BNSF 001144-1557) shall not be used for purposes outside of litigation with BNSF. 2. BNSF is also producing to plaintiff, in response to plaintiff's written request for

production, a copy of the train movement replay ("replay") identified in the 30(b)(6) deposition of Scott Unick in this lawsuit. The BNSF replay depicts train movement near Kelso/Longview on April 8, 2006. The replay is deemed Security Sensitive Information to BNSF due to data contained therein that unauthorized parties could use to harm BNSF through the process known as reverse engineering. Such information is considered proprietary information of BNSF. 3. It is stipulated by the parties that the above-referenced train movement replay

shall not be used or disclosed by plaintiff to any individuals not involved in this lawsuit and identified to BNSF prior to disclosure of the replay to them. Subject to the agreement of BNSF which shall not be unreasonably withheld, such individuals shall be deemed authorized and shall be bound by the provisions of this Stipulation for Protective Order. 4. This Protective Order shall not prevent the replay from being offered

or received as evidence at trial, subject to such confidentiality measures as the Court may then prescribe, if any. But for such use at trial, the replay shall continue to be treated in accordance with this Stipulation for Protective Order. However, nothing contained in this Stipulation for Protective Order affects in any way or to any degree the admissibility of any discovery material or any information disclosed under the terms of this Stipulation and Order. The admissibility of such material and information shall be governed by the Rules of Evidence and Procedure in the same manner as any other potential evidence in the case.

Dated this 14th day of October, 2010.

D a t e d this 14th day of October, 2010.

/s/ Paul Bovarnick Paul Bovarnick, WSBA # 32706 Attorney for Plaintiff

/s/ Bradley Scarp Bradley Scarp, WSBA # 21453 Kelsey E. Endres, WSBA # 39409
MONTGOMERY SCARP MACDOUGALL, PLLC 1218 Third Avenue, Suite 2700 Seattle, Washington 98101 Telephone [phone] Facsimile [phone]

STIPULATION FOR PROTECTIVE ORDER - 2

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1205 NW 25th Avenue Portland, OR 97210 [phone]

Attorneys for Defendant 1218 3rd Ave, Ste 2700 Seattle, WA 98101

II. ORDER IT IS SO ORDERED. Dated this 14th day of October, 2010.

A
Robert J. Bryan United States District Judge
Presented By:

Montgomery Scarp MacDougall, PLLC
Bradley P. Scarp, WSBA No. 21453 Kelsey Endres, WSBA No. 39409 1218 Third Avenue, Suite 2700 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

STIPULATION FOR PROTECTIVE ORDER - 3

MONTGOMERY SCARP MACDOUGALL, PLLC 1218 Third Avenue, Suite 2700 Seattle, Washington 98101 Telephone [phone] Facsimile [phone]