STOEL RIVES LLP

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 1 

No. 3:06-CV-05191-FDB 

Seattle-3330814.2 0027797-00132 

 THE HONORABLE FRANKLIN D. BURGESS 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

SONIA LIM, surviving spouse of 

EDUARDO LIM, and for the marital 

community comprised thereof, 

 Plaintiff, 

 v. 

FRANCISCAN HEALTH SYSTEMS, a 

corporation doing business in Washington 

and CATHOLIC HEALTH INITIATIVES, 

a Corporation doing business in 

Washington, 

 Defendants. 

No. 3:06-CV-05191-FDB 

STIPULATED

PROTECTIVE ORDER

The parties to the above-captioned litigation believe they may seek or be required to 

disclose to others confidential information relating to the subject matter of this litigation, and that 

unauthorized or improper disclosure of such information would be harmful to the parties; and the 

parties desire to limit the extent of disclosure and use of such confidential information, and to 

protect such information from unauthorized use and/or further disclosure. Pursuant to Fed. R. 

Civ. Pro. 26(c), the parties, therefore, stipulate as follows: 

Purpose, Scope and Definitions

1. The parties desire to protect confidential and proprietary information disclosed in 

the discovery process in this case. This Stipulation and Protective Order shall apply to all 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 1 of 10
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(PROPOSED) STIPULATED PROTECTIVE ORDER - 2 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

information properly considered to be CONFIDENTIAL, as defined below, and disclosed by the 

parties or third parties including, but not limited to, deposition testimony, documents (including 

documents produced before the complaint was filed in this matter), answers to interrogatories 

and requests for production, answers to requests for admissions, information obtained from an 

inspection of premises or things, and information obtained from third parties pursuant to a 

subpoena issued in this litigation. It shall apply to all “documents” as defined in each party’s 

discovery requests including, without limitation, electronic documents, tape recordings, charts, 

and data retained in any form. 

2. Under this Protective Order, and as qualified by ¶ 3 below, the term 

“CONFIDENTIAL” information means or refers to: 

a) personal and business records, reports, plans, proprietary and trade secret 

information, and other information including, but not limited to, company 

policies, business plans and proposals, pricing information, technical 

information, financial information, accounting and bank records, product 

information, customer and customer prospect lists, marketing and/or sales 

reports, audited or unaudited financial statements, financial reports, 

income reports, expense reports, and tax records; 

b) medical records; 

c) documents pertaining to current or former employees of Defendants 

including and in addition to Plaintiff, , in which such person(s) might have 

a reasonable expectation of privacy or which are reasonably deemed 

confidential by one or more parties. 

d) any other information determined to be confidential by this Court. 

3. This Protective Order shall not apply to information which is either (a) public 

knowledge; or (b) discovered independently by the receiving party (“independently” does not 

mean confidential documents taken without permission from either Franciscan Health Systems 

or Catholic Health Initiatives). 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 2 of 10
STOEL RIVES LLP

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600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 3 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

Procedure for Designating Information as CONFIDENTIAL

4. All medical records and personnel files (or portions thereof) shall be considered 

per se CONFIDENTIAL and need not be specifically designated or marked as 

CONFIDENTIAL. Such medical records and personnel files (or portions thereof) shall be 

treated as CONFIDENTIAL in accordance with this Protective Order. With respect to other 

types of information considered to be CONFIDENTIAL, the parties must follow the procedure 

set forth in ¶¶5, 6 and 7, below. 

5. Each party to this action, as well as third parties who may supply confidential 

information, believing that such information is CONFIDENTIAL pursuant to ¶ 2, shall designate 

the information as CONFIDENTIAL, by placing on the information, documents, or tangible 

items the legend “CONFIDENTIAL” or words to this effect. 

6. Such designation as CONFIDENTIAL shall be made either (a) when a response 

to an interrogatory or request for admission is served, or (b) when a copy of the document is 

provided to a party by a party or third party. In the case of depositions, the designating party 

shall advise opposing counsel in writing specific pages of the deposition to be maintained in 

confidence at the deposition or within twenty-one (21) days after receipt of the deposition 

transcript by its counsel (during which period such information shall be considered 

CONFIDENTIAL information.) 

7. Documents may be designated as CONFIDENTIAL only at the time copies of the 

information are first produced or disclosed except as set forth in ¶ 16 infra with the sole 

exception being that the parties may, retroactively, designate as CONFIDENTIAL, and seek to 

have sealed as set forth in ¶ 8 infra, any information disclosed, served or filed during the period 

of time subsequent to service of the instant action but prior to the date of execution of this 

Stipulated Protective Order. 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 3 of 10
STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 4 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

Challenges to Designation

8. At any time after receiving information which has been designated as 

CONFIDENTIAL, any party may object to the designation of information as CONFIDENTIAL 

by providing written notice to that effect to the designating party. 

9. After first attempting to resolve any objection by agreement, the objecting party 

may move the Court for a ruling regarding whether the information in question qualifies as 

CONFIDENTIAL information. The burden of demonstrating any specific information or 

document is confidential is on the party claiming its confidentiality, even if the objecting party 

files a motion to challenge the designation of confidentiality. 

10. At all times prior to the Court’s ruling, the challenged information shall be 

maintained as CONFIDENTIAL information, and the restrictions on its use and disclosure set 

forth herein shall be fully observed. 

11. No party may challenge the confidentiality of medical records or personnel files. 

Restrictions on the Use of CONFIDENTIAL Information

12. All CONFIDENTIAL information shall be used solely for the purposes of this 

action, i.e., prosecuting or defending the claims asserted in this action, and shall not be used for 

any other purpose whatsoever. 

13. Disclosure of CONFIDENTIAL information, including compilations or 

summaries of such information, shall be limited to: 

(a) counsel for Plaintiff or Defendants, including necessary paralegal, 

secretarial, and clerical personnel of such counsel; 

(b) qualified reporters and videographers recording testimony involving such 

documents or information, and necessary stenographic and clerical personnel thereof; 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 4 of 10
STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 5 

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Seattle-3330814.2 0027797-00132 

(c) independent experts, consultants, and private investigators, and their staff, 

who are designated and employed for the purpose of this litigation by the receiving party and 

who are not employees of said party or its affiliates; 

(d) any party to this action, to the extent necessary for the purposes of this 

action (for parties that are entities, disclosure pursuant to this subparagraph is limited to those 

employees or officers of the party who have a need to receive the information consistent with the 

purposes of this action); 

(e) any witness or person reasonably believed to be a potential witness to this 

action, other than a party, in any pretrial interviews or at his or her deposition or at trial, to the 

extent necessary for the purposes of this litigation; and 

(f) the Court, and any necessary stenographic and clerical personnel thereof. 

There shall be no other disclosure of CONFIDENTIAL information absent Order of the Court or 

the express written agreement of the disclosing party. 

14. Prior to the disclosure of any CONFIDENTIAL information to persons described 

in ¶¶ 13(c), 13(d) or 13(e) above, the undersigned attorney, or an attorney under his or her 

direction, shall advise each person that the information is confidential, can be disclosed only to 

persons in ¶¶13(a-f) and only as provided by this Order, and can only be used for the purpose of 

this litigation. Furthermore, in addition, prior to the disclosure of any CONFIDENTIAL 

information to persons described in ¶¶13(c) and (e) above, each such person shall review this 

Protective Order and shall sign a written undertaking, in the form as illustrated in Exhibit 1 

hereto, acknowledging that he or she has read and understands this Order, agrees to comply with 

this Order, agrees that the CONFIDENTIAL information will be used only to assist counsel in 

this action, and agrees not to disclose or discuss CONFIDENTIAL information with any person 

other than those described in ¶¶ 13(a-f) above. 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 5 of 10
STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 6 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

15. The filing under seal of CONFIDENTIAL information with the Clerk of the U.S. 

District Court or with any appellate court shall be governed by the Local Rules of the U.S. 

District Court for the Western District of Washington and other applicable law. To the extent 

permitted by local rules, CONFIDENTIAL information shall be filed with a motion for an order 

sealing such material, but need not provide argument or authority in support of such motion. The 

party seeking to preserve confidentiality may provide the court with such argument and 

authority. The use of CONFIDENTIAL information at trial is not addressed in this Agreement. 

16. If, through inadvertence, a producing party provides CONFIDENTIAL 

information without marking the information as CONFIDENTIAL, the producing party may 

subsequently inform the receiving party of the CONFIDENTIAL nature of the disclosed 

information within a reasonable period following the discovery of such material, and the 

receiving party shall treat the disclosed information as CONFIDENTIAL information upon 

receipt of written notice from the producing party. Disclosure by any party of such matter prior 

to notice by any party of the confidential nature thereof shall not be deemed a violation of this 

order. This paragraph does not apply to medical records and personnel files (or portions 

thereof), which shall be considered CONFIDENTIAL even without an actual CONFIDENTIAL 

designation. 

17. Within 60 days after final termination of this litigation, counsel for each of the 

parties shall return to the disclosing party all CONFIDENTIAL information and all copies 

thereof, and shall also provide to the disclosing party all of the original, signed undertakings 

obtained pursuant to ¶ 15 above. In the alternative, the party holding the CONFIDENTIAL 

information may elect to destroy the CONFIDENTIAL information and all copies thereof and 

provide verification of destruction. This alternative does not apply to the original, signed 

undertakings. 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 6 of 10
STOEL RIVES LLP

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600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 7 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

18. The restrictions provided for above shall take effect upon execution of this 

document by the undersigned attorneys and shall not terminate upon the conclusion of this 

lawsuit, but shall continue until further Order of this Court. 

DATED this 1st day of November, 2006. 

STOEL RIVES LLP

By: /s/ Keelin A. Curran 

 Keelin A. Curran, WSBA #16258 

 Theresa A. Briscoe, WSBA #34384 

 Attorneys for Defendants 

 600 University Street, Suite 3600 

 Seattle, WA 98101 

 Telephone: (253) 624-0900 

 Fax: (253) 386-7500 

 E-mail: kacurran@stoel.com 

 E-mail: tabriscoe@stoel.com 

LAW OFFICES OF MICHAEL J. DAVIS 

By: /s/ As approved by faxed signature

 Michael J. Davis, WSBA #25846 

 Attorney for Plaintiff Lim 

 524 Tacoma Avenue South 

 Tacoma, WA 98402 

 Telephone: (253) 627-8696 

 Fax: (253) 272-5811 

 E-Mail: mjdlaw1@msn.com 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 7 of 10
STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 8 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

ORDER

IT IS SO ORDERED. 

 DATED this 3rd day of November 2006. 

A

FRANKLIN D. BURGESS 

UNITED STATES DISTRICT JUDGE 

Presentation Waived and 

Approved by: 

STOEL RIVES LLP

By: /s/ Keelin A. Curran 

 Keelin A. Curran, WSBA #16258 

 Theresa A. Briscoe, WSBA #34384 

 Attorneys for Defendants 

LAW OFFICES OF MICHAEL J. DAVIS 

By: /s/ As approved by faxed signature 

 Michael J. Davis, WSBA #25846 

 Attorney for Plaintiff Lim 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 8 of 10
STOEL RIVES LLP

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600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 9 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

EXHIBIT 1 – CONFIDENTIALITY UNDERTAKING

1. I have read and understand the attached Stipulated Protective Order that has been 

entered in Lim v. Franciscan Health Systems, et. al., Case No. 3:06-CV-05191-FDB in the 

United States District Court for the Western District of Washington at Tacoma. 

2. I understand that I may be given access to CONFIDENTIAL information, and in 

consideration of that access, I agree that I shall be bound by all the terms of the Stipulated 

Protective Order. 

3. I understand that I am to retain all originals and copies of the CONFIDENTIAL 

information in a secure manner and that all copies will be returned within sixty (60) days after 

termination of this action. 

4. I understand that I will not disclose or discuss CONFIDENTIAL information with 

any persons other than counsel for any party and paralegal and clerical personnel assisting such 

counsel and other persons who have signed this Confidentiality Undertaking. 

5. I understand that all CONFIDENTIAL information shall be used solely for the 

purposes of this action and shall not, directly or indirectly, be used for any other purpose and that 

any use of CONFIDENTIAL information, or any information obtained therefrom, in any manner 

contrary to the provisions of the Protective Order will subject me to the sanctions of the Court. 

Signature: 

Name: 

Business Address: 

Position: 

Date: 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 9 of 10
STOEL RIVES LLP

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600 University Street, Suite 3600, Seattle, WA 98101 Telephone (206) 624-0900 

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(PROPOSED) STIPULATED PROTECTIVE ORDER - 10 

No. 3:06-CV-05191-FDB

Seattle-3330814.2 0027797-00132 

CERTIFICATE OF SERVICE 

I hereby certify that on November 3, 2006, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such filing to the 

parties in the above case. 

 STOEL RIVES LLP

 /s/ Keelin A. Curran 

 Keelin A. Curran, WSBA #16258 

Stoel Rives LLP 

600 University Street, Suite 3600 

Seattle, WA 98101 

Phone: (206) 624-0900 

Facsimile: (206) 386-7500 

Case 3:06-cv-05191-FDB Document 12 Filed 11/03/06 Page 10 of 10