Opinion
No. C02-2231Z.
January 13, 2003
J. David Stahl, MUNDT MacGREGOR L.L.P., Attorneys for Defendant, Crystal Decisions, Inc.
Michael A. Goldfarb, LAW OFFICES OF MICHAEL A. GOLDFARB, Attorney for Plaintiff, Phil Vachon.
STIPULATED PROTECTIVE ORDER
Plaintiff, Phil Vachon, and defendant, Crystal Decisions, Inc., by and through their undersigned counsel of record, hereby stipulate to entry of the following Protective Order:
Protective Order
1. As used in this Order, "Confidential Information" means any information of a proprietary, technical, business, financial, personal or otherwise confidential nature, whether in documents, computer tapes or otherwise, that the supplying party designates "Confidential." The preceding notwithstanding, Confidential Information shall not include information that: (a) was in the lawful possession of the receiving party prior to disclosure; or (b) is lawfully received at a later date from a third party who came into possession of the material lawfully, but only if such information is not otherwise subject to a confidentiality obligation.
2. Confidential Information supplied in the course of this litigation shall be used, disseminated and disclosed only for purposes of this litigation and not for any business or other purposes.
3. Confidential Information shall be disclosed only to the following persons:
(a) Parties to the litigation;
(b) Counsel of record for the parties to this litigation, including secretaries, paralegals and other staff persons employed by such counsel;
(c) Independent experts or consultants retained by the parties to assist in the prosecution, defense or settlement of this litigation;
(d) Deposition witnesses, during their depositions, or trial witnesses, where necessary or helpful to their testimony; and
(e) The Court, under seal.
4. Prior to the disclosure of any Confidential Information to any person other than counsel for the parties in accordance with paragraph 3 of this Protective Order, such person shall first execute the Certificate attached hereto as Exhibit A indicating his or her agreement to comply with and be bound by the terms of this Protective Order. A copy of each such Certificate executed by a person to whom the disclosure of any Confidential Information is to be made shall be forwarded promptly to counsel for the party supplying the Confidential Information.
5. Any party or counsel wishing to disclose Confidential Information to any person described in paragraph 3(c) and (d) of this Protective Order shall first give written notice to counsel for all other parties identifying such person's name, business address and company affiliation. Counsel for the other parties shall have ten (10) days after receipt of such notice to object to such disclosure by stating specifically in writing the reasons why that party believes such person should not receive Confidential Information. In the event of such an objection, no disclosure of Confidential Information shall be made to such person for a period of an additional seven (7) days following the date of delivery of the objection, in order to permit the objecting party to apply to the Court for an order that disclosure not be made or be made only under certain conditions to such person. If such a motion is made, there shall be no disclosure of Confidential Information to such person until the Court has ruled upon the motion.
6. Any pleading, motion, discovery response, deposition transcript, declaration, exhibit or other material containing Confidential Information that is filed with the Court shall be filed under seal, with appropriately conspicuous labeling, and the Clerk shall keep such material under seal until further Order of the Court.
7. Any party objecting to the "Confidential" designation of any information or documents may apply to the Court with notice to all counsel of record to have the "Confidential" designation removed. Similarly, nothing in this Protective Order shall preclude any party from applying to the Court for additional or different protective provisions with respect to specific information or documents if the need should arise during this litigation.
8. Upon the final resolution of this matter by final, non-appealable judgment or otherwise, all Confidential Information received by any party to this action, and all copies thereof, shall be returned to the party producing such Confidential Information.
9. The terms of this Protective Order shall survive and remain in full force and effect after the termination of this litigation.
EXHIBIT A
Honorable Thomas S. Zilly
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
PHIL VACHON, an individual ) ) Plaintiff, ) NO. C02-2231Z ) v. ) CERTIFICATE OF AGREEMENT ) TO COMPLY WITH PROTECTIVE CRYSTAL DECISIONS, INC., a foreign ) ORDER corporation ) ) Defendant ) _________________________________________)
The undersigned hereby certifies that he/she has read the foregoing Stipulated Protective Order, understands the restrictions set forth in the Order regarding the use, dissemination or disclosure of Confidential Information as defined therein, and agrees to comply with and be bound by the same.
DATED this ____ day of _________________, 200_.
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