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SECOND STIPULATED PROTECTIVE ORDER - 1 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

YAGEO AMERICA CORP., a Delaware 

corporation, 

Plaintiff, 

v. 

FAN-CHU TSENG, an individual, and 

FONG-LAN TSENG, an individual, and 

their marital community, 

Defendants. 

No. C06-0227RSL 

SECOND STIPULATED PROTECTIVE 

ORDER REGARDING TREATMENT 

BY THE PARTIES OF CONFIDENTIAL 

DOCUMENTS

I. STIPULATIONS

 This action is one based upon allegations of disclosure of trade secrets 

and sensitive commercial information. In order to litigate this action, the parties 

will need to exchange documents and other information during discovery 

regarding the alleged trade secrets and sensitive commercial information. This 

information is, by nature, highly confidential and proprietary to each party and 

deserving of protection regarding use and dissemination. Pursuant to Fed. R. 

 Honorable Robert S. Lasnik

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SECOND STIPULATED PROTECTIVE ORDER - 2 

Civ. P. 26(c)(7), the Court has the authority to issue an order that "a trade secret 

or other confidential . . . or commercial information not be revealed or be revealed 

only in a designated way." Accordingly, the parties request that the Court enter 

as an Order the following Stipulated Protective Order (“Order”) which shall govern 

the use, handling and/or return of documents, depositions, deposition exhibits, 

interrogatory responses, and other written recorded or graphic material produced 

during discovery or on a party’s own initiative for use in this action, and all copies 

thereof, and shall govern the use, handling, and/or return of the documents, 

materials and information. 

 1. Any party may designate the information it produces as 

“Confidential” if it believes, in its good faith judgment, that the material contains 

confidential, market sensitive or proprietary information, including without 

limitation financial information, trade secrets, product development information, 

personnel and payroll information or other commercially sensitive or personally 

sensitive information of a non-public nature. The party shall make this 

designation by placing on every document or other material (including portions of 

deposition transcripts) containing such information the legend “CONFIDENTIAL” 

(except that in the case of multipage documents bound together by staple or other 

permanent binding, the legend need only be stamped on the first page of the 

document in order for the entire document to be treated as “Confidential”) prior to 

providing such document or other material pursuant to this Order. 

 2. Any party may designate the information it produces as “Attorneys 

and Consultants Only” if it believes, in good faith judgment, that the material is not 

generally known to others and has significant competitive value such that 

unrestricted disclosure to others would create a substantial risk of serious injury, 

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SECOND STIPULATED PROTECTIVE ORDER - 3 

and which the Designating Party (i) would not normally reveal to third parties 

except in confidence or has undertaken with others to maintain in confidence, or 

(ii) believes in good faith is significantly sensitive and protected by a right to 

privacy under federal or state law or any other applicable privilege or right related 

to confidentiality or privacy. The party shall make this designation by placing on 

every document or other material (including portions of deposition transcripts) 

containing such information the legend “ATTORNEYS AND CONSULTANTS 

ONLY” (except that in the case of multipage documents bound together by staple 

or other permanent binding, the legend need only be stamped on the first page of 

the document in order for the entire document to be treated as “Attorneys and 

Consultants Only”) prior to providing such document or other material pursuant to 

this Order. 

 3. When used in this Order, the word “documents” mean all written, 

recorded or graphic matter whatsoever, however created and whatever the 

medium on which it was produced or reproduced, including, but not limited to, 

documents produced by any party, whether pursuant to Fed. R. Civ. P. 33 or 34, 

subpoena, or by agreement, and may also include deposition transcripts and 

exhibits, and any portions of any court papers which quote from or summarize any 

of the foregoing. When used in this Order, the term “other information” means 

any portion of any answer or response to any written discovery request. 

 4. All “Confidential” and “Attorneys and Consultants Only” documents 

and all information contained therein, and any other confidential information, shall 

be used by the parties to whom the documents are disclosed solely for the 

prosecution and/or defense of this action, and shall not be further disseminated, 

except as specifically set forth below. 

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SECOND STIPULATED PROTECTIVE ORDER - 4 

 5. Except with prior written consent of the party asserting confidential 

treatment, documents designated as “Confidential” and the information contained 

therein, and any other confidential information, may be disclosed only to the 

following persons: 

 (a) counsel for the parties (including attorneys and staff 

associated with or employed by the legal counsel); 

 (b) any party or other officer or employee of a party to the extent 

deemed necessary for the prosecution, defense, or settlement of this litigation; 

 (c) court reporters and stenographers employed in connection 

with this suit; 

(d) outside consultants and experts employed by counsel of 

record for the parties; and 

(e) any witness or deponent who is asked at his or her deposition 

or at trial to testify about documents or things designated as “Confidential” or the 

contents thereof. 

 6. Except with prior written consent of the party asserting confidential 

treatment, documents designated as “Attorneys and Consultants Only” and the 

information contained therein, and any other confidential information, may be 

disclosed only to the following persons: 

 (a) counsel for the parties (including attorneys and staff 

associated with or employed by the legal counsel); 

 (b) court reporters and stenographers employed in connection 

with this suit; 

 (c) outside consultants and experts employed by counsel of 

record for the parties; and 

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SECOND STIPULATED PROTECTIVE ORDER - 5 

(d) any witness or deponent who is asked at his or her deposition 

or at trial to testify about documents or things designated as “Attorneys and 

Consultants Only” or the contents thereof. 

 7. Before disclosing “Confidential” documents or information to any 

person enumerated in paragraphs 5(b), (d) or (e) or 6(c) or (d) above or 

“Attorneys and Consultants Only” documents or information to any person 

enumerated in paragraphs 6(c) or (d) above, counsel for the disclosing party must 

first inform that person that the information or document to be disclosed contains 

confidential or proprietary information which must be held in confidence and may 

be used solely for the purpose of preparing for this litigation or settlement and, 

further, that these restrictions are imposed by a Stipulated Protective Order 

signed by the parties and their counsel and entered by the Court. Each person 

granted access to “Confidential” or “Attorneys and Consultants Only” information 

shall not reveal or disclose the contents of the confidential or proprietary 

information for any purpose, including, without limitation, any business, 

professional, or commercial purpose, other than those relating to this litigation. 

Each such person shall read this Order or be advised by counsel as to its 

contents, and shall agree to be bound by its terms by signing Exhibit A, attached 

hereto. 

8. It is the obligation of the party producing confidential or proprietary 

documents to identify specific documents as “Confidential” or “Attorneys and 

Consultants Only.” If the party receiving such documents objects to that 

identification, and counsel for the parties are unable to resolve the objection 

informally, the receiving party may file a motion with the Court requesting relief. 

The burden of persuasion in any such challenge proceeding shall be on the party 

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SECOND STIPULATED PROTECTIVE ORDER - 6 

asserting the designation. Unless and until the Court issues a ruling allowing 

disclosure, all materials designated “Confidential” or “Attorneys and Consultants 

Only” shall remain as designated. 

9. Upon the production of “Confidential” or “Attorneys and Consultants 

Only” material from one party to another party, and in the normal course of 

discovery, the receiving party may seek to depose a witness from the producing 

party regarding these materials. During such a deposition, only counsel for the 

parties, party representatives, expert witnesses or consultants for the parties (if 

permitted to attend by the rules of civil procedure and/or agreement of the 

parties), the witness, and the witness’s counsel may be present during any portion 

of the interrogation concerning the material deemed “Confidential” or “Attorneys 

and Consultants Only” except that party representatives other than counsel may 

not attend any portion of the deposition during which “Attorneys and Consultants 

Only” material is being reviewed or discussed. Likewise, the portions of any 

deposition transcript dealing with these materials and any exhibits to the transcript 

should be marked in pertinent part and treated as “Confidential” or “Attorneys and 

Consultants Only” pursuant to this Order. This paragraph does not grant any 

special right to take depositions, but rather governs the use of materials 

designated as “Confidential” and “Attorneys and Consultants Only” in an 

otherwise authorized deposition. If appropriate, the witness may be asked to 

review this Order and to sign Exhibit A, attached hereto. 

10. Deposition transcripts shall be treated as “Attorneys and 

Consultants Only” for a 21-day period following receipt of the transcript by all 

parties. Within the 21-day time period, any party may designate portions of the 

transcript as “Confidential” or “Attorneys and Consultants Only” by page and line 

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SECOND STIPULATED PROTECTIVE ORDER - 7 

number, by providing written notice to all parties. 

11. Before disclosing “Confidential” and “Attorneys and Consultants 

Only” materials (hereinafter “designated materials” or “materials”), the disclosing 

party shall notify the designating party regarding which materials it intends to 

disclose. Within ten (10) calendar days of such notice, the designating party must 

either consent to the disclosure of the selected materials or file a stipulation and 

proposed order to seal or a motion to seal the selected materials. The 

designating party’s failure to timely file a stipulation and proposed order to seal or 

a motion to seal shall be treated by the parties as a consent to disclosure of the 

designated materials. Until such time as the designating party has consented to 

disclosure or filed a timely stipulation and proposed order to seal or a motion to 

seal, the disclosing party shall refrain from filing any designated materials. After 

the designating party has filed a stipulation and proposed order to seal or a 

motion to seal, the disclosing party may file such documents electronically by 

lodging them and should reference either a court order allowing such documents 

to be sealed or a pending motion to seal, in accordance with the Western District 

of Washington’s electronic filing procedures, or shall follow such other 

instructions as may be provided by the Court. 

12. At the conclusion of the litigation of this action, or upon settlement or 

dismissal, documents or other information designated as confidential, and all 

copies of such documents or other information (other than exhibits of record), 

shall be returned, within 30 days, to the source from which they were produced or 

at the direction of the producing party, or destroyed with the party destroying the 

documents providing a certificate of destruction to the producing party. 

13. In the event additional parties join this action they shall not have 

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SECOND STIPULATED PROTECTIVE ORDER - 8 

access to “Confidential” and “Attorneys and Consultants Only” material until each 

newly joined party by its counsel has executed and filed with the Court its 

agreement to be fully bound by this Order. 

14. The inadvertent production of a confidential document without the 

“Confidential” or “Attorneys and Consultants Only” identifier shall not waive the 

confidential nature of that document and does not alter the confidential or 

proprietary nature of any other “Confidential” or “Attorneys and Consultants Only” 

documents. Upon discovery that a confidential document has been produced 

without the “Confidential” or “Attorneys and Consultants Only” identifier, the 

producing party shall promptly notify the other parties, in writing, and shall request 

that all parties treat the document in accordance with this Order. Such other 

parties may challenge the confidentiality designation in accordance with 

Paragraph 8, supra. 

15. The undersigned parties and counsel shall keep material identified 

as “Confidential” or “Attorneys and Consultants Only” in a secure and segregated 

location, shall not disclose those documents, and shall not use or disclose them 

other than as authorized by this Order. The undersigned parties and counsel 

understand that this Order continues after the conclusion of this litigation. 

16. The parties acknowledge that any violation of this Order will result in 

irreparable injury to the injured producing party not adequately compensable 

solely by an award of money damages. In the event of any such violation, the 

party injured by the violation shall be entitled, in addition to any other rights and 

remedies it may have at law or in equity, to have an injunction issued by the 

Court, or any court of competent jurisdiction, enjoining the party violating this 

Order (and/or any third party involved in the violation) from continuing such 

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SECOND STIPULATED PROTECTIVE ORDER - 9 

violation. 

17. To expedite the production of information, parties may inadvertently 

produce documents that are privileged. Inadvertent production of privileged 

documents shall not be deemed a waiver of any applicable privilege. Upon 

notification that privileged documents have been produced inadvertently, the 

parties shall treat the documents as privileged unless and until the Court has 

sustained a challenge to the assertion of privilege. A motion asserting a 

challenge to the privileged nature of the inadvertently produced documents must 

be filed within fourteen (14) days after a party receives notice of a claim of 

inadvertent production of privileged documents. If no such motion is filed, all 

parties shall, within fourteen (14) days of receipt of notification of the inadvertent 

production, return to the producing party, or destroy, all copies of privileged 

documents in their possession or in the possession of their counsel or any other 

person under their control. Written confirmation of this return or destruction of 

documents shall be provided to the party asserting the privilege. 

18. Entry of this Order is without prejudice to the right of any party to 

seek a protective order imposing additional restrictions upon discovery of 

confidential information or documents, including but not limited to an order that 

production thereof not be made. 

/// 

/// 

/// 

/// 

/// 

/// 

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SECOND STIPULATED PROTECTIVE ORDER - 10 

DATED this 4th day of August, 2006. 

CORR CRONIN MICHELSON 

BAUMGARDNER & PREECE LLP 

By _s/ Kelly P. Corr____________ 

 Kelly P. Corr, WSBA # 555

 Laurie M. Thornton, WSBA #35030 

 Attorneys for Defendants 

RIDDELL WILLIAMS P.S.

By _s/ Laurence A. Shapero_________ 

Karen F. Jones, WSBA # 14987

Laurence A. Shapero, WSBA # 31301

Rebecca L. Andrews, WSBA #36035

Attorneys for Plaintiff 

ORRICK, HERRINGTON 

& SUTCLIFFE LLP 

BY _s/ Thomas J. Gray ________________ 

 Gary E. Weiss, (admitted Pro Hac Vice) 

 Thomas J. Gray (admitted Pro Hac Vice) 

 Attorneys for Defendants 

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SECOND STIPULATED PROTECTIVE ORDER - 11 

EXHIBIT A

ACKNOWLEDGMENT REGARDING CONFIDENTIAL INFORMATION 

 The undersigned hereby acknowledges that: 

 1. I have read and understand the terms of the Stipulated Protective 

Order (“Order”). 

 2. I hereby agree to be bound by the Order's terms with respect to any 

documents, material, or information marked “Confidential” or “Attorneys and 

Consultants Only” that are furnished to me as set forth in the Order. 

 3. I hereby agree not to disclose to anyone any documents, material or 

information marked "Confidential" or “Attorneys and Consultants Only” other than 

as permitted by the Order. 

 4. I hereby consent to the jurisdiction of the United States District Court 

for the Western District of Washington with regard to any proceedings to enforce 

the terms of the Order. 

 5. I hereby agree that any documents, materials or information marked 

“Confidential” or “Attorneys and Consultants Only” furnished to me will be used 

by me only for the purposes of this litigation and for no other purpose and will not 

be used by me in any business affairs of my employer or of my own or be 

imparted by me to any other person. 

 6. I declare under penalty of perjury that the foregoing is true and 

correct. 

[signature block on following page] 

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SECOND STIPULATED PROTECTIVE ORDER - 12 

DATED this _____ day of ______________________, 20____. 

 

 

 Name 

 

 Title or Position 

__________________________ 

Telephone Number

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SECOND STIPULATED PROTECTIVE ORDER - 13 

II. ORDER

The Court hereby orders as stipulated by the parties above. 

DATED this 7th day of August, 2006. 

A

Robert S. Lasnik 

United States District Judge 

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