Wilson v. HUUUGE, Inc.
Filing
113
STIPULATION AND ORDER re Parties' 112 Stipulation re Entry of Model Protective Order. Signed by Judge Robert S. Lasnik. (LH)
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 1 of 11
1
The Honorable Robert S. Lasnik
2
3
4
5
6
7
8
9
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
10
11
12
SEAN WILSON, individually and on behalf of
all others similarly situated,
Plaintiff,
13
14
15
16
v.
Case No. 18-cv-05276-RSL
STIPULATION AND ORDER RE
ENTRY OF MODEL PROTECTIVE
ORDER
HUUUGE, INC., a Delaware corporation,
Defendant.
17
18
19
20
21
22
23
24
25
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- i
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 2 of 11
1
1.
PURPOSES AND LIMITATIONS
2
Discovery in this action is likely to involve production of confidential, proprietary, or
3
private information for which special protection may be warranted. Accordingly, the parties hereby
4
stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
5
acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket
6
protection on all disclosures or responses to discovery, the protection it affords from public
7
disclosure and use extends only to the limited information or items that are entitled to confidential
8
treatment under the applicable legal principles, and it does not presumptively entitle parties to file
9
confidential information under seal.
10
2.
“CONFIDENTIAL” MATERIAL
11
“Confidential” material shall include the following documents and tangible things
12
produced or otherwise exchanged: (1) sensitive and/or non-public contractual terms with
13
customers, vendors, advertising platforms, and other parties; (2) sensitive pricing, financial, and/or
14
profit information; (3) sensitive information regarding suppliers and supplier lists; (4) sensitive
15
information regarding customers, customer lists, customer usage, and customer technical
16
requirements; (5) sensitive product development information and information relating to new
17
products; (6) sensitive development processes, designs, drawings, engineering, and hardware and
18
software configuration information; (7) sensitive marketing plans, business plans, forecasts, and
19
business strategies; (8) sensitive communications and information relating to products and
20
services, including, but not limited to, advertising data, which in the hands of competitors would
21
be valuable; (9) customer feedback regarding products that have not been publicly disclosed; (10)
22
protected personal information (including contact information) and other information subject to
23
privacy laws; (11) sensitive internal financial reporting; and (12) other non-public business
24
information that is treated confidentially by the producing party in the ordinary course of business,
25
the disclosure of which may cause the producing party to be commercially disadvantaged or
26
prejudiced.
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 1
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 3 of 11
1
3.
SCOPE
2
The protections conferred by this agreement cover not only confidential material (as
3
defined above), but also (1) any information copied or extracted from confidential material; (2) all
4
copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony,
5
conversations, or presentations by parties or their counsel that might reveal confidential material.
6
However, the protections conferred by this agreement do not cover information that is in
7
the public domain or becomes part of the public domain through trial or otherwise.
8
4.
9
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1
Basic Principles. A receiving party may use confidential material that is disclosed
10
or produced by another party or by a non-party in connection with this case only for prosecuting,
11
defending, or attempting to settle this litigation. Confidential material may be disclosed only to the
12
categories of persons and under the conditions described in this agreement. Confidential material
13
must be stored and maintained by a receiving party at a location and in a secure manner that ensures
14
that access is limited to the persons authorized under this agreement.
15
4.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
16
by the court or permitted in writing by the designating party, a receiving party may disclose any
17
confidential material only to:
18
19
(a)
the 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;
20
(b)
the officers, directors, and employees (including in house counsel) of the
21
receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties
22
agree that a particular document or material produced is for Attorney’s Eyes Only and is so
23
designated;
24
25
26
(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;
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 2
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 4 of 11
1
(e)
copy or imaging services retained by counsel to assist in the duplication of
2
confidential material, provided that counsel for the party retaining the copy or imaging service
3
instructs the service not to disclose any confidential material to third parties and to immediately
4
return all originals and copies of any confidential material;
5
(f)
during their depositions, witnesses in the action to whom disclosure is
6
reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
7
(Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of
8
transcribed deposition testimony or exhibits to depositions that reveal confidential material must
9
be separately bound by the court reporter and may not be disclosed to anyone except as permitted
10
under this agreement;
11
12
13
(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
4.3
Filing Confidential Material. Before filing confidential material or discussing or
14
referencing such material in court filings, the filing party shall confer with the designating party,
15
in accordance with Local Civil Rule 5(g)(3)(A), to determine whether the designating party will
16
remove the confidential designation, whether the document can be redacted, or whether a motion
17
to seal or stipulation and proposed order is warranted. During the meet and confer process, the
18
designating party must identify the basis for sealing the specific confidential information at issue,
19
and the filing party shall include this basis in its motion to seal, along with any objection to sealing
20
the information at issue. Local Civil Rule 5(g) sets forth the procedures that must be followed and
21
the standards that will be applied when a party seeks permission from the court to file material
22
under seal. A party who seeks to maintain the confidentiality of its information must satisfy the
23
requirements of Local Civil Rule 5(g)(3)(B), even if it is not the party filing the motion to seal.
24
Failure to satisfy this requirement will result in the motion to seal being denied, in accordance with
25
the strong presumption of public access to the Court’s files.
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 3
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 5 of 11
1
2
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each party
3
or non-party that designates information or items for protection under this agreement must take
4
care to limit any such designation to specific material that qualifies under the appropriate
5
standards. The designating party must designate for protection only those parts of material,
6
documents, items, or oral or written communications that qualify, so that other portions of the
7
material, documents, items, or communications for which protection is not warranted are not swept
8
unjustifiably within the ambit of this agreement.
9
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
10
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
11
unnecessarily encumber or delay the case development process or to impose unnecessary expenses
12
and burdens on other parties) expose the designating party to sanctions.
13
If it comes to a designating party’s attention that information or items that it designated for
14
protection do not qualify for protection, the designating party must promptly notify all other parties
15
that it is withdrawing the mistaken designation.
16
5.2
Manner and Timing of Designations. Except as otherwise provided in this
17
agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
18
ordered, disclosure or discovery material that qualifies for protection under this agreement must
19
be clearly so designated before or when the material is disclosed or produced.
20
(a)
Information in documentary form: (e.g., paper or electronic documents and
21
deposition exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings),
22
the designating party must affix the word “CONFIDENTIAL” to each page that contains
23
confidential material. If only a portion or portions of the material on a page qualifies for protection,
24
the producing party also must clearly identify the protected portion(s) (e.g., by making appropriate
25
markings in the margins).
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 4
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 6 of 11
1
(b)
Testimony given in deposition or in other pretrial proceedings: the parties
2
and any participating non-parties must identify on the record, during the deposition or other pretrial
3
proceeding, all protected testimony, without prejudice to their right to so designate other testimony
4
after reviewing the transcript. Any party or non-party may, within fifteen days after receiving the
5
transcript of the deposition or other pretrial proceeding, designate portions of the transcript, or
6
exhibits thereto, as confidential. If a party or non-party desires to protect confidential information
7
at trial, the issue should be addressed during the pre-trial conference.
8
(c)
Other tangible items: the producing party must affix in a prominent place
9
on the exterior of the container or containers in which the information or item is stored the word
10
“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,
11
the producing party, to the extent practicable, shall identify the protected portion(s).
12
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
13
designate qualified information or items does not, standing alone, waive the designating party’s
14
right to secure protection under this agreement for such material. Upon timely correction of a
15
designation, the receiving party must make reasonable efforts to ensure that the material is treated
16
in accordance with the provisions of this agreement.
17
6.
18
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any party or non-party may challenge a designation of
19
confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality
20
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
21
burdens, or a significant disruption or delay of the litigation, a party does not waive its right to
22
challenge a confidentiality designation by electing not to mount a challenge promptly after the
23
original designation is disclosed.
24
6.2
Meet and Confer. The parties must make every attempt to resolve any dispute
25
regarding confidential designations without court involvement. Any motion regarding confidential
26
designations or for a protective order must include a certification, in the motion or in a declaration
27
or affidavit, that the movant has engaged in a good faith meet and confer conference with other
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 5
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 7 of 11
1
affected parties in an effort to resolve the dispute without court action. The certification must list
2
the date, manner, and participants to the conference. A good faith effort to confer requires a face-
3
to-face meeting or a telephone conference.
4
6.3
Judicial Intervention. If the parties cannot resolve a challenge without court
5
intervention, the designating party may file and serve a motion to retain confidentiality under Local
6
Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of
7
persuasion in any such motion shall be on the designating party. Frivolous challenges, and those
8
made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
9
other parties) may expose the challenging party to sanctions. All parties shall continue to maintain
10
the material in question as confidential until the court rules on the challenge.
11
7.
12
LITIGATION
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
13
If a party is served with a subpoena or a court order issued in other litigation that compels
14
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party
15
must:
16
17
(a)
promptly notify the designating party in writing and include a copy of the
subpoena or court order;
18
(b)
promptly notify in writing the party who caused the subpoena or order to
19
issue in the other litigation that some or all of the material covered by the subpoena or order is
20
subject to this agreement. Such notification shall include a copy of this agreement; and
21
(c)
cooperate with respect to all reasonable procedures sought to be pursued by
22
the designating party whose confidential material may be affected.
23
8.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24
If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential
25
material to any person or in any circumstance not authorized under this agreement, the receiving
26
party must immediately (a) notify in writing the designating party of the unauthorized disclosures,
27
(b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 6
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 8 of 11
1
person or persons to whom unauthorized disclosures were made of all the terms of this agreement,
2
and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be
3
Bound” that is attached hereto as Exhibit A.
4
9.
5
MATERIAL
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
6
When a producing party gives notice to receiving parties that certain inadvertently
7
produced material is subject to a claim of privilege or other protection, the obligations of the
8
receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
9
is not intended to modify whatever procedure may be established in an e-discovery order or
10
agreement that provides for production without prior privilege review. The parties agree to the
11
entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.
12
10.
NON TERMINATION AND RETURN OF DOCUMENTS
13
Within 60 days after the termination of this action, including all appeals, each receiving
14
party must return all confidential material to the producing party, including all copies, extracts and
15
summaries thereof. Alternatively, the parties may agree upon appropriate methods of destruction.
16
Notwithstanding this provision, counsel are entitled to retain one archival copy of all
17
documents filed with the court, trial, deposition, and hearing transcripts, correspondence,
18
deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work
19
product, even if such materials contain confidential material.
20
21
The confidentiality obligations imposed by this agreement shall remain in effect until a
designating party agrees otherwise in writing or a court orders otherwise.
22
*
23
*
*
24
25
//
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 7
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 9 of 11
1
Respectfully submitted,
2
3
Dated: October 29, 2020
4
5
6
7
8
9
By: /s/ Todd Logan
Rafey S. Balabanian*
rbalabanian@edelson.com
Todd Logan*
tlogan@edelson.com
Brandt Silver-Korn*
bsilverkorn@edelson.com
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, California 94107
Tel: 415.212.9300/Fax: 415.373.9435
By: /s/ Cecily C. Shiel
TOUSLEY BRAIN STEPHENS PLLC
Cecily C. Shiel, WSBA #50061
cshiel@tousley.com
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600
10
11
12
13
14
Plaintiff’s Attorneys and Class Counsel
15
*Admitted pro hac vice
16
17
18
Dated: October 29, 2020
19
20
21
22
23
24
By: /s/ Jaime Drozd Allen
Stuart R. Dunwoody, WSBA #13948
Jaime Drozd Allen, WSBA #35742
Cyrus E. Ansari, WSBA #52966
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Tel: (206) 622-3150; Fax: (206) 757-7700
Email: jaimeallen@dwt.com
Email: stuartdunwoody@dwt.com
Email: cyrusansari@dwt.com
Attorneys for Defendant Huuuge, Inc.
25
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 8
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 10 of 11
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 in this proceeding shall not, for the purposes of this proceeding or any other federal or
5
state proceeding, constitute a waiver by the producing party of any privilege applicable to those
6
documents, including the attorney-client privilege, attorney work-product protection, or any other
7
privilege or protection recognized by law.
8
9
Dated this 30th day of October, 2020.
10
ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 1
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
Case 3:18-cv-05276-RSL Document 113 Filed 10/30/20 Page 11 of 11
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
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 on [date] in the
7
case of ________________ [insert formal name of the case and the number and initials
8
assigned to it by the court]. I agree to comply with and to be bound by all the terms of this
9
Stipulated Protective Order and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will
11
not disclose in any manner any information or item that is subject to this Stipulated Protective
12
Order to any person or entity 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 Protective
15
Order, even if such enforcement proceedings occur after termination of this action.
16
Date:
17
City and State where sworn and signed:
18
Printed name:
19
Signature:
20
21
22
23
24
25
26
27
STIPULATION AND ORDER
CASE NO. 18-CV-5276- 2
T OUSLEY B RAIN S TEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: 206.682.5600 • Fax: 206.682.2992
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?