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ORDER ON CR 37 JOINT SUBMISSION 

(C05-5595 RJB) Page - 1 

LAW OFFICES OF 

KELLER ROHRBACK L.L.P. 

1201 THIRD AVENUE, SUITE 3200 

SEATTLE, W ASHINGTON 98101-3052 

TELEPHONE: (206) 623-1900 

FACSIMILE: (206) 623-3384

The Honorable ROBERT J. BRYAN 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

BRUCE A. RICE, 

 Plaintiff, 

 v. 

STATE FARM MUTUAL AUTOMOBILE 

INSURANCE COMPANY, and ROB KLINE, 

 Defendants. 

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No. C05-5595 RJB 

ORDER ON CR 37 JOINT SUBMISSION

RE: INTERROGATORIES NOS. 3, 4, 5, 

AND 6, AND REQUESTS FOR 

PRODUCTION NOS. 3 AND 4 

This matter comes before the court on the parties’ CR 37 Joint Submission Re: 

Interrogatories Nos. 3, 4, 5, and 6, and Requests for Production Nos. 3 and 4. The court has 

considered the parties’ statements and arguments therein, and now makes the following Order: 

1. Within ten (10) days of entry of this Order, State Farm shall produce to plaintiff 

the documents responsive to Interrogatories Nos. 3, 4, 5, and 6, and Requests for Production 

Nos. 3 and 4 in Plaintiff’s First Interrogatories and Requests for Production to Defendant which 

State Farm has asserted to be confidential and which State Farm has designated RIC 00554 to 

00643. 

2. Within ten (10) days of entry of this Order, State Farm shall produce to plaintiff 

the documents responsive to Request for Production No. 11 in Plaintiff’s Second Interrogatories 

Case 3:05-cv-05595-RJB Document 44 Filed 02/14/06 Page 1 of 4
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ORDER ON CR 37 JOINT SUBMISSION 

(C05-5595 RJB) Page - 2 

LAW OFFICES OF 

KELLER ROHRBACK L.L.P. 

1201 THIRD AVENUE, SUITE 3200 

SEATTLE, W ASHINGTON 98101-3052 

TELEPHONE: (206) 623-1900 

FACSIMILE: (206) 623-3384

and Requests for Production of Documents which State Farm has asserted to be confidential and 

which State Farm has designated RIC 00676 to 001697. 

3. Production of the documents herein described shall be subject to the following 

conditions if marked (“ ”): 

X No Dissemination. Bruce A. Rice and William C. Smart, as counsel for Bruce A. 

Rice, agree not to divulge, permit access to, or disseminate the confidential documents produced 

by State Farm to any individuals or entities, except persons or individuals connected to or 

providing services in connection with the prosecution of this litigation. Bruce A. Rice is allowed 

to have the confidential documents reviewed and analyzed by attorneys, expert witnesses and/or 

consultants, providing services relating to this litigation, provided such attorneys, expert 

witnesses and/or consultants agree to return any confidential documents provided to them (and 

all copies thereof) to William C. Smart at the conclusion of this matter, including any appeals. 

Any attorneys, expert witnesses and/or consultants who obtain confidential documents shall 

certify in writing to William C. Smart that they have reviewed this Order and agree to be bound 

by its terms. 

X Possession of Documents by Third Parties. William C. Smart, counsel for 

Bruce A. Rice, will be the custodian of the confidential documents produced, and shall not grant 

possession of the confidential documents to any other person or entity, except as expressly 

authorized by the terms of this Order. Counsel for Bruce A. Rice may permit other persons or 

entities to possess and to view the confidential documents as follows: 

 a) Any attorneys, associates, law clerks, paralegals, or secretaries at the law 

firm of William C. Smart, or any law firm associated with William C. Smart to act as counsel on 

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ORDER ON CR 37 JOINT SUBMISSION 

(C05-5595 RJB) Page - 3 

LAW OFFICES OF 

KELLER ROHRBACK L.L.P. 

1201 THIRD AVENUE, SUITE 3200 

SEATTLE, W ASHINGTON 98101-3052 

TELEPHONE: (206) 623-1900 

FACSIMILE: (206) 623-3384

this matter, who are actively engaged in the conduct of this litigation or performing tasks 

associated therewith. 

 b) Parties, deposition and trial witnesses may view the confidential 

documents. 

 c) Experts or consultants involved in or performing services related to this 

litigation. 

 d) Court officials involved in this litigation, including, but not limited to, 

court reporters, persons monitoring video equipment at depositions, any special masters or 

discovery referees, judges, magistrates, associate attorneys, or law clerks. 

 e) Any person designated by the court in the interest of justice, upon such 

terms as the court may deem proper. 

Whenever the confidential documents are viewed or provided to any person, attorney, expert 

witness and/or consultant identified above, other than court personnel, William C. Smart shall 

require that such attorney, expert witness and/or consultant certify in writing that they have 

reviewed this Order and agree to be bound by its terms. 

X Return of Confidential Documents at Conclusion of Case. Any and all third 

parties to whom confidential documents have been provided in the course of this matter, 

including attorneys, expert witnesses and/or consultants, shall, upon request at the conclusion of 

this matter and any appeals therefrom, return to William C. Smart all confidential documents that 

they have been provided, including any copies of such confidential documents, to William C. 

Smart. At the conclusion of this matter and all appeals therefrom, William C. Smart shall take 

reasonable steps to ensure that all attorneys, expert witnesses and/or consultants return all 

confidential documents and copies of such confidential documents to him. William C. Smart 

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ORDER ON CR 37 JOINT SUBMISSION 

(C05-5595 RJB) Page - 4 

LAW OFFICES OF 

KELLER ROHRBACK L.L.P. 

1201 THIRD AVENUE, SUITE 3200 

SEATTLE, W ASHINGTON 98101-3052 

TELEPHONE: (206) 623-1900 

FACSIMILE: (206) 623-3384

may then either: (1) destroy all such confidential documents and copies of such confidential 

documents and certify by letter to State Farm’s counsel of record, Scott C. Wakefield, that the 

confidential documents and copies of such confidential documents have been destroyed; or 

(2) forward all confidential documents and copies of such confidential documents returned by 

plaintiff’s attorneys, expert witnesses and/or consultants to Scott C. Wakefield. 

X Documents Submitted to the Court. Partiers may request that motions or other 

documents filed with the court, if any, which include as an exhibit or specifically quote the 

contents of the confidential documents produced, be filed under seal in accordance with CR 5(g). 

X Violation of Order. Upon an alleged violation of this Order, the court on its own 

motion or on the motion of any party, may grant relief as it deems appropriate in law or equity. 

Should any provision of this Order be stricken or held invalid by a court of competent 

jurisdiction, all remaining provisions shall remain in full force and effect. 

IT IS SO ORDERED. 

Dated this 14th day of February, 2006. 

 

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