[PROPOSED] PROTECTIVE ORDER 

(NO. CV5-1611-RSLCV5-1611-RSL) - 1 

[00895-1023-000000/SL053050.065.DOC] 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

 HONORABLE ROBERT S. LASNIK 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

BERNARD WATKINS, 

 Plaintiff, 

 v. 

UNITED PARCEL SERVICE, INC. 

 Defendant. 

NO. CV5-1611-RSL 

PROTECTIVE ORDER 

Pursuant to Fed. R. Civ. P. 26(c) and the stipulation of the parties, it is hereby ordered 

that the following provisions shall apply during the pendency of this action or until this Order is 

superseded. 

1. The parties to this litigation may request in discovery certain information, 

documents, and things that may be used in this lawsuit but that are private and confidential and 

for which the parties have requested protection against improper disclosure. 

2. Confidential Matter. 

 a. As used herein, "Confidential Matter" shall mean any document, 

information, or thing furnished in the course of this litigation, or specific portions thereof, that is 

designated by a party as "confidential" pursuant to Section 2(b) below if: 

 i. it contains financial or other proprietary information that is held 

confidential by either party; 

Case 2:05-cv-01611-RSL Document 15 Filed 11/16/05 Page 1 of 7
[PROPOSED] PROTECTIVE ORDER 

(NO. CV5-1611-RSLCV5-1611-RSL) - 2 

[00895-1023-000000/SL053050.065.DOC] 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

 ii. it is part of an individual's personnel file, equal employment 

opportunity complaint or investigation file, medical file, or other similar file, or it includes an 

individual's identifying information, such as name, address, or telephone number, that a party 

treats as confidential; or 

 iii. it describes, contains, or discloses internal corporate information 

that is legitimately held confidential within UPS. 

The determination of whether produced materials fall into one of the above categories 

shall be made in the first instance in good faith by the party from whom discovery is sought. If 

there is a disagreement between the parties as to whether particular produced materials have been 

properly designated as confidential, the dispute may be resolved by the Court. 

 b. The parties recognize that experience may disclose that further categories 

of documents, information, or things should also be treated as confidential. Entry of this Order 

does not foreclose further agreements by the parties to keep such documents, information, or 

things confidential or application to the Court for protection of other documents, information, or 

things. 

 c. All documents, information, or things deemed Confidential Matter by a 

party shall be marked or stamped as "confidential." Documents, information, or things produced 

by a party prior to the execution and entry of this Order and which contain or reflect Confidential 

Matter, may be designated as confidential by providing new copies which have been stamped or 

marked "confidential" or by written notification of the documents, information, or things to be 

designated as confidential. In the event that new copies of documents, information, or things 

produced prior to the execution and entry of this Order are provided and stamped or marked 

"confidential," the previously produced copy lacking the "confidential" designation shall be 

destroyed. 

 d. Any document, information, or thing not designated as "confidential" shall 

not be covered by this Order, provided, however, that inadvertent production of any document, 

Case 2:05-cv-01611-RSL Document 15 Filed 11/16/05 Page 2 of 7
[PROPOSED] PROTECTIVE ORDER 

(NO. CV5-1611-RSLCV5-1611-RSL) - 3 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

information, or thing not designated "confidential" shall not by itself be deemed a waiver of 

confidentiality as to such matter, and a party thereafter may designate the same as "confidential." 

Disclosure by any party of such matter prior to notice of the confidential nature thereof shall not 

be deemed a violation of this Order. 

 e. Except as expressly provided for in this Order, Confidential Matter, and 

any information contained therein, shall not be communicated or disclosed in any manner, either 

directly or indirectly, to any person or entity, and shall be used only for the prosecution and/or 

defense of this litigation and for no other purpose. Notwithstanding the preceding, nothing in 

this Order shall in any way limit or preclude either party from using any of the Confidential 

Matter that it has created or maintained for any of the business purposes for which it was created 

or maintained. In addition, this Order does not preclude UPS from using any Confidential 

Matter produced by UPS to defend the Company's position in other litigation provided that, if the 

Confidential Matter that UPS intends to use in other litigation relates to personal information or 

documents regarding the plaintiff, UPS agrees that it will make a good faith effort to obtain a 

protective order similar to this one to protect the confidentiality of the plaintiffs' personal 

information. This same provision applies to plaintiff’s production. 

 f. Confidential Matter, including the existence of such matters, may be 

disclosed by any party or counsel for any party to counsel, associate counsel, in-house counsel, 

paralegals, and office or other support staff assisting counsel in the preparation of this action. 

Confidential Matter, including the existence of such matters, may also be disclosed to the Court, 

Court personnel and court reporters used in this litigation. Nothing in this Order shall limit or 

prevent the use of any Confidential Matter in open court at hearings in, or during trial of, this 

action, provided, however, that such use shall not relieve the parties of their obligations under 

this Order including, without limitation, the obligation to file Confidential Matter under seal. 

 g. Confidential Matter may be disclosed in good faith to experts and 

consultants retained by a party to assist in preparation, settlement, trial, or appeal of this action. 

Case 2:05-cv-01611-RSL Document 15 Filed 11/16/05 Page 3 of 7
[PROPOSED] PROTECTIVE ORDER 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

Confidential Matter may be disclosed to persons whose depositions are noted or potential trial 

witnesses, as well as their counsel, only to the extent counsel for the disclosing party determines 

in good faith that it is reasonably necessary to do so. Prior to the disclosure of any Confidential 

Matter, the person to whom the disclosure is made shall agree in writing to be bound by the 

terms of this Order by signing an agreement to be found in the form of Attachment A hereto. 

3. Use in Briefs, Exhibits, Testimony, and Other Documents. Confidential Matter 

used as exhibits to or incorporated in any other manner in briefs, memoranda, transcripts of 

testimony, or other documents filed with the Court shall be protected as follows: 

 a. to the extent that any brief, memorandum, transcript of testimony or other 

document submitted to the Court incorporates or refers to the substance of any information 

contained in any Confidential Matter, such brief, memorandum, transcript of testimony or other 

document or portion thereof shall be filed under seal and appropriately marked. 

 b. Confidential Matter that is otherwise made a part of the record shall be 

filed with the Court under seal and appropriately marked. 

4. Use in Depositions. A party may, either during a deposition or within thirty (30) 

days after receiving the deposition transcript, designate portions of that transcript, and exhibits 

thereto not already designated confidential, as "confidential." Confidential information within 

the deposition transcript may be designated by underlining the portions of the pages that are 

confidential and marking such pages with substantially the following legend: "Confidential – 

subject to protection pursuant to court order." Until the expiration of the 30-day period, the 

entire deposition and exhibits thereto will be treated as subject to protection against disclosure 

under this Order. 

5. Use of Confidential Matter. Documents, information, and things marked 

"confidential" and the information contained therein shall not be used or disclosed by any party 

for any competitive purpose. 

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[PROPOSED] PROTECTIVE ORDER 

(NO. CV5-1611-RSLCV5-1611-RSL) - 5 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

6. Disposition of Confidential Matter. No later than sixty (60) days following the 

final conclusion of the proceeding, including, without limitation, any appeal or retrial, all counsel 

and every person to whom Confidential Matter has been disclosed shall return all Confidential 

Matter, and all materials which contain or reflect Confidential Matter, including any copies, 

extracts or summaries thereof, and any portions of deposition designated as confidential pursuant 

to this Order. As to those materials which contain or reflect Confidential Matter, but which 

constitute counsel's work product, counsel shall destroy such work product and all copies 

thereof. 

7. Confidentiality Challenge. If a party challenges the confidential designation of 

any document, information, or thing, it shall so notify the other party in writing and provide that 

party ten (10) calendar days in which to move the Court for an order preventing or limiting 

disclosure. The parties agree that before seeking any relief from the Court under this paragraph 

they will make a good faith effort to resolve any disputes concerning the treatment of any 

Confidential Matter. For the purposes of this Order, the phrase "for good cause shown" in 

Federal Rule of Civil Procedure 26(c) shall be defined as a "showing of concrete harm sufficient 

to outweigh the ordinary presumption of openness in litigation and considerations emanating 

from the First Amendment." 

8. Subsequent Production. If any person or entity serves on a party a subpoena 

duces tecum or other request for production of Confidential Matter covered by this Order, that 

party shall immediately notify the other party of the request, and shall notify the person or entity 

serving such request that such materials are protected by this Order. Unless within ten (10) 

business days of receipt of such notification, the party applies for an order from a court of 

competent jurisdiction precluding the party upon whom the subpoena or request is served from 

complying with the request, such party shall be free to produce the Confidential Matter. If an 

order precluding compliance with the request is timely sought, the party upon whom the 

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[PROPOSED] PROTECTIVE ORDER 

(NO. CV5-1611-RSLCV5-1611-RSL) - 6 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

subpoena or request is served shall not produce the Confidential Matter until after the court rules 

on such application. 

9. Termination. After the termination of this action, this Order shall continue to be 

binding upon the parties hereto, and all persons to whom Confidential Matter has been disclosed 

or communicated. 

10. Modification. This Order may be modified in the event that the parties agree in 

writing to a modification of the provisions hereof, or such modification is ordered by this court. 

11. Remedies. The parties expressly acknowledge and agree that all remedies under 

Federal Rule of Civil Procedure 37 and Local Civil Rule 37 will be available to the Court, in its 

discretion, to sanction any violation of this Order. 

IT IS SO ORDERED this 16Th day of November, 2005.

A

Robert S. Lasnik 

United States District Judge 

 

Jointly Presented: 

s/Valerie L. Hughes, WSBA #11859 

Valerie L. Hughes, WSBA #11859 

Laura Solis, WSBA #36005 

Perkins Coie LLP 

1201 Third Avenue, Suite 4800 

Seattle, WA 98101-3099 

Telephone: 206-359-8000 

 E-mail: VHughes@perkinscoie.com 

Attorneys for Defendant United Parcel Service 

s/Sidney J. Strong, WSBA #1912 

Sidney J. Strong, WSBA #1912 

Law Office of Sidney J. Strong 

810 Third Avenue, Suite 500 

Seattle, WA 98104 

Telephone: 206-623-5221 

Email: sid@sidstronglaw.com 

Attorneys for Plaintiff 

Case 2:05-cv-01611-RSL Document 15 Filed 11/16/05 Page 6 of 7
[PROPOSED] PROTECTIVE ORDER 

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Perkins Coie LLP

1201 Third Avenue, Suite 4800 

Seattle, Washington 98101-3099 

Phone: (206) 359-8000 

Fax: (206) 359-9000 

ATTACHMENT A 

I, _____________________________, have been advised by counsel of record for 

plaintiff or defendant (circle one) in the matter of Bernard Watkins v. United Parcel Service, 

Inc., United States District Court for the Western District of Washington, Cause No. CV5-1611-

RSL, of the Protective Order governing delivery, exhibition, publication, or disclosure to me of 

Confidential Matter produced in this litigation, together with the information contained therein. I 

have read a copy of said Protective Order and agree to abide by its terms, including its limitation 

on any further delivery, exhibition, publication or disclosure of documents and information 

subject to the Protective Order. I understand that the unauthorized disclosure of Confidential 

Matter subject to the Protective Order may constitute contempt of court, and I hereby consent to 

the personal jurisdiction of the United States District Court for the Western District of 

Washington in connection with the disclosure of said Confidential Matter. 

I declare under penalty of perjury that the foregoing is true and correct and that this 

certificate is executed this _______ day of ______________, 2005 at ___________________, 

____________________________. 

Printed Name: 

Signature: 

Date: 

Case 2:05-cv-01611-RSL Document 15 Filed 11/16/05 Page 7 of 7