STIPULATED PROTECTIVE ORDER 

(C06-5396 JCC) - 1 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

Cole Screenprint, Incorporated, 

Plaintiff, 

v. 

Superior Imaging Group, Inc., a Washington 

Corporation, and Fascination Graphics, Inc., a 

Washington Corporation, 

Defendants and 

Counterclaim Plaintiff 

v. 

Cole Screenprint, Inc., a Washington corporation, 

and Edwin Ogle and Donald G. O'Gara, 

individuals, and the respective marital 

communities of these individuals, 

Counterclaim Defendants. 

No. C06-5396 JCC 

STIPULATED PROTECTIVE 

ORDER 

STIPULATION

Pursuant to Federal Rule of Civil Procedure 26, it appearing that discovery in the 

above-entitled action will involve the disclosure of confidential information, it is hereby 

stipulated by and among Cole Screenprint, Inc., Superior Imaging Group, Inc., and 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 1 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 2 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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Fascination Graphics, Inc., through their respective counsel of record, that the following 

Protective Order be entered to give effect to the terms and conditions set forth below. 

1.0 Definitions 

1.1 "Party" or "Parties" means Cole Screenprint, Inc., Superior Imaging 

Group, Inc., and Fascination Graphics, Inc., and/or any other persons or entities that 

subsequently file an appearance as a party in this litigation. 

1.2 "Designating Party" means any of the Parties or any non-party 

producing documents or information under this Protective Order. 

1.3 "Receiving Party" means any of the Parties who elect to receive 

information under this Protective Order. 

1.4 "Protected Information" includes the following categories of 

information, and shall include printed or electronic documents produced prior to as 

well as during discovery, answers to interrogatories, responses to requests for 

admission, depositions, hearing or trial transcripts, and tangible things, the information 

contained therein and all copies, abstracts, excerpts, analyses or other writings that 

contain, reflect or disclose such information whether contained in attorney work 

product or not. 

1.4.1 "Confidential" designates Protected Information that a 

Designating Party believes to be of a proprietary business or technical nature 

and not readily available to competitors, potential competitors, and/or other 

third parties. A Designating Party may so label or mark not only its own 

documents and things, but also documents of other Parties or non-parties in the 

Designating Party's possession, custody and/or control that the Designated 

Party is obligated (contractually or otherwise) to keep confidential. 

1.4.2 "Confidential – Attorneys' Eyes Only" designates Protected 

Information that the Designating Party reasonably believes is "Confidential" 

information within the meaning of Section 1.4.1, the disclosure of which is 

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STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 3 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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likely to cause harm to the competitive position of the Designating Party or to 

a non-party whose documents are designated as "Confidential – Attorneys' 

Eyes Only" by the Designating Party. Such information may fall into one or 

more of the following categories:

1.4.2.1 Current Business Plans 

1.4.2.2 Future Business Plans 

1.4.2.3 New Product Development 

1.4.2.4 New Business Development (for old 

 products) 

1.4.2.5 Trade Secrets (as defined by Washington 

 law) 

1.4.2.6 Competitor Market Analysis 

1.4.2.7 Customer Lists 

1.4.2.8 Internal Financial/Accounting Information 

1.4.2.9 Operations Information 

1.4.2.10 License Agreements 

1.4.2.11 Development Agreements 

1.4.2.12 Agreements with Sales Representatives 

1.4.2.13 Prices Charged to Customers 

1.4.2.14 Business Relationships with Third Parties 

1.4.2.15 Current Product Development and 

 Production 

1.4.2.16 Costs Related Information 

1.4.3 Protected Information shall not include: information that is in 

the public domain at the time of disclosure (except such information in the 

public domain which may be treated as a trade secret due to the effort involved 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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in collecting and maintaining such information); information which after 

disclosure is published or becomes part of the public domain through no fault 

of a Party receiving information under this Protective Order, but only after it is 

published or comes into the public domain (subject to the same trade secret 

exclusion stated above); information that is in the possession of a Party 

receiving such information without any confidentiality obligations at the time 

of disclosure; information independently derived by a Party receiving 

Protected Information without reference to any Protected Information, as 

evidenced by documentation; or information disclosed by a third party having 

the legal right to do so. 

1.5 "Document" shall have the meaning ascribed to it in Federal Rule of 

Civil Procedure Rule 34(a). 

1.6 "Employees" means regular full or part-time employees and also 

temporary personnel who are providing consulting, technical, legal, secretarial, 

clerical and/or administrative services only to the designated employer. 

2.0 Designations of Protected Information 

2.1 Each Designating Party who produces or discloses any material that the 

Designating Party reasonably believes to contain or reveal Protected Information may 

designate the same Confidential or Confidential – Attorneys' Eyes Only. 

2.2 The Parties must make a good-faith determination that any information 

designated "Confidential" or "Confidential – Attorneys' Eyes Only" warrants 

protection under Federal Rule of Civil Procedure 26(c). Designations of material as 

"Confidential" or 

"Confidential – Attorneys' Eyes Only" must be narrowly tailored to include only material for 

which there is good cause. 

2.3 Documents may be designated as "Confidential" only if, prior to 

production, the document is clearly marked with a legend which states: 

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STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 5 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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CONFIDENTIAL 

2.4 Documents may be designated as "Confidential – Attorneys' Eyes 

Only" only if, prior to production, the document is clearly marked with a legend which 

states: 

CONFIDENTIAL – ATTORNEYS' EYES ONLY 

2.5 An answer to an Interrogatory or response to a Request for Admission 

may be designated as the appropriate category of Protected Information by a statement 

made therein. 

2.6 A deposition transcript or a portion thereof may be designated as the 

appropriate category of Protected Information by so designating on the record at the 

deposition or designating any portion of the transcript as "Confidential" or 

"Confidential – Attorneys' Eyes Only" within thirty (30) calendar days following the 

mailing of the transcript or videotape by the court reporter or videographer to the 

deponent's counsel. Such notice thereof shall be made in writing to the reporter, with 

copies to all other counsel, designating the portions of the transcript or videotape that 

contain Protected Information as either "Confidential" or "Confidential – Attorneys' 

Eyes Only", and directing the reporter to mark that portion of the transcript or 

videotape accordingly. Until expiration of the thirty (30) day period specified in this 

Section 2.6, all deposition transcripts and/or videotapes shall be considered and treated 

as "Confidential – Attorneys' Eyes Only". 

2.7 Counsel of record shall exert their best efforts to raise claims of 

confidentiality prior to the disclosure of Protected Information. 

2.8 Notwithstanding the provisions of Sections 2.2 – 2.7 of this Protective 

Order, failure of counsel to designate and/or mark any Protected Information as 

"Confidential" or "Confidential – Attorneys' Eyes Only" as provided above shall not 

preclude the disclosing Party from thereafter in good faith making such a designation 

and requesting the Receiving Party to so mark and treat such Protected Information so 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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designated. After such designation, such Protected Information shall be fully subject 

to this Protective Order and treated thereafter according to the new or corrected 

designation subject to any objection procedure provided herein. The Receiving Party, 

however, shall incur no liability for disclosures made prior to notice of such 

designation. The Parties shall confer in good faith to correct the designation and shall 

take all necessary steps to prevent further dissemination of the subject materials. 

3.0 Disclosure of Protected Information 

3.1 Information designated "Confidential", including copies thereof, 

extracts therefrom, compilations and/or summaries thereof and any information 

therein, may only be disclosed to the following persons: 

3.1.1 outside counsel of record for each Party and the Employees of 

outside counsel of record ("Outside Counsel") who are assisting in this 

litigation and whose duties require access to Protected Information, which shall 

include: 

For Plaintiff: James W. Anable, W. David Shenk, and any other 

attorneys of CHRISTENSEN O'CONNOR JOHNSON KINDNESS 

PLLC; 

For Defendants: Patrick M. Dwyer and any other attorneys of Patrick M. 

Dwyer PC.: 

3.1.2 independent experts and/or consultants retained by counsel of 

record for each Party, subject to the provisions of Section 4.0 of this Protective 

Order, except that this paragraph 3.1.2 does not authorize the provision of 

Protected Information to: (a) any expert witness or consultant who is 

employed, or has been employed within the last two (2) years, by a competitor 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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of the entity (either a Designating Party or a third-party whose documents are 

designated by a Designating Party) that is the source of the Protected 

Information; (b) any expert witness or consultant who regularly consults for 

such a competitor; or (c) any expert witness or consultant contemplating 

employment or a regular consulting relationship with such a competitor. 

3.1.3 in-house attorneys for each Party, and Employees who are 

assisting such in-house attorneys in this litigation in filing and/or 

administrative duties and whose duties require access to Protected Information; 

3.1.4 employees or representatives of each Party who are necessary to 

the Party's preparation and pursuit of claims and defenses in this action; 

3.1.5 third parties specifically retained to assist outside counsel in 

copying or computer coding of documents, but only for purposes of copying or 

computer coding Protected Information; 

3.1.6 qualified persons taking or recording testimony involving 

Protected Information and their Employees whose duties require access to 

Protected Information; 

3.1.7 the Court and the Court's staff; and 

3.1.8 such other persons as the Parties agree to in writing prior to any 

disclosure of Protected Information.

3.2 Information designated "Confidential – Attorneys' Eyes Only", 

including copies thereof, extracts therefrom, compilations and/or summaries thereof 

and any information therein, may only be disclosed to the following persons: persons 

falling within the categories specified in Sections 3.1.1, 3.1.2, 3.1.5, 3.1.6, 3.1.7, and 

3.1.8 of this Protective Order, but shall in no case be disclosed to persons who are 

involved in competitive decision making or intellectual property enforcement or 

licensing decisions for the Parties. 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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3.3 Protected Information shall not be made available to any person except 

as authorized under this Protective Order, and no person identified in Sections 3.1.2 

and 3.1.5 shall have access to Protected Information without having first read, 

acknowledged and agreed in writing (in the form of the Declaration and Undertaking 

attached hereto as Exhibit A) to be bound by this Protective Order. A file of all such 

written acknowledgments shall be maintained by the Party obtaining them, and copies 

of such written acknowledgments shall be provided to all counsel of record upon 

request. 

3.4 Each individual who receives any materials designated as 

"Confidential" or "Confidential – Attorneys' Eyes Only" hereby agrees to subject 

himself or herself to the jurisdiction of this Court for purposes of any proceedings 

relating to the performance under, compliance with, or violation of this Protective 

Order. 

3.5 If the recipient of any Protected Information learns that, by 

inadvertence or otherwise, it has disclosed Protected Information to any person or in 

any circumstance not authorized under this Protective Order, the Receiving Party must 

immediately: (a) notify in writing the Designating Party of the unauthorized 

disclosures; (b) use its best efforts to retrieve all copies of the Protected Information; 

(c) inform the person or persons to whom unauthorized disclosures were made of all 

the terms of this Order; and (d) request such person or persons execute the Declaration 

and Undertaking in the form attached hereto as Exhibit A. 

4.0 Objections to Disclosures 

4.1 Not less than ten (10) business days prior to the initial disclosure of 

Protected Information to any person falling under the provisions of Section 3.1.2 or 

Section 6.6 of this Protective Order, the Party planning to make such disclosure shall 

first serve (by e-mail and mail) on the Designating Party (and on each opposing Party, 

if the Designating Party is other than one of the other Parties) the name, address, 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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present employer, title, current resume, curriculum vitae, or biography, and an 

executed Declaration and Undertaking in the form of Exhibit A. 

4.2 Within the ten (10) business day period before disclosure of the 

Protected Information to the proposed recipient, the Party or non-party whose 

Protected Information is concerned may serve (by e-mail and mail) a written objection 

to disclosure to such person. Such an objection shall stay disclosure to the proposed 

recipient. Failure to serve a written notice of objection within ten (10) business days 

shall be deemed approval of disclosure to a proposed recipient. 

4.3 If a written objection is served pursuant to Section 4.2, the Parties shall 

attempt to resolve the objection by meeting and conferring within ten (10) business 

days of service of the written objection. If the objection is not resolved by meeting 

and conferring, the Party seeking to prevent disclosure shall file a motion, to be heard 

on the earliest date available. Failure to file such a motion within ten (10) business 

days of meeting and conferring or at the conclusion of the ten-day period to meet and 

confer shall preclude a Party from objecting to the disclosure of Protected Information 

to the person about whom the objection is raised. The disclosure of Protected 

Information to such proposed person shall be withheld pending the ruling of the Court 

on any such motion. On any such motion, the Party seeking to prevent disclosure to a 

person proposed for approval shall have the burden of proof. 

4.4 If at any time during the pendency or trial of this action, counsel for 

any Party claims that a Designating Party is unreasonably designating certain 

information as "Confidential" or "Confidential – Attorneys' Eyes Only", the objecting 

Party may serve a captioned notice of objection on the Designating Party and all 

Parties, identifying with particularity the items to which the designation is challenged, 

stating the basis for each challenge, and proposing a new designation for each item. If 

the Designating Party does not re-designate the material within ten (10) business days 

after service of such notice, the objecting Party may file and serve a motion for an 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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order that the material be re-designated. On any such motion, the Designating Party 

seeking to prevent re-designation shall have the burden of proof. The original 

designation shall remain effective until three (3) business days after an Order is 

entered re-designating the materials. 

5.0 Use of Protected Information 

5.1 Protected Information disclosed pursuant to this Protective Order shall, 

unless otherwise ordered by this Court, be used by a recipient thereof solely for the 

purpose of this action and not for any other action or for any business or competitive 

purposes or for any other reason. Protected Information shall not be used for any 

purposes other than in the prosecution or defense of claims asserted in this action. In 

no event shall any person receiving Protected Information use it for commercial or 

competitive purposes or make any public disclosure of the contents thereof. Nothing 

contained in this Protective Order, however, shall affect the right of the Designating 

Party to disclose information designated solely by it under this Protective Order. 

5.2 No person shall disclose to anyone not specified in Section 3.0 of this 

Protective Order any Protected Information without prior written consent of the 

Designating Party or further Order of this Court. 

6.0 Depositions Involving Protected Information 

6.1 At any deposition session, when counsel of record for a Designating 

Party deems that a question and/or the answer to a question will result in the disclosure 

of Protected Information, counsel may designate as "Confidential" or "Confidential – 

Attorneys' Eyes Only" the portion of the transcript or videotape containing such 

question or answer. 

6.2 Any portion of a transcript designated as "Confidential" or 

"Confidential – Attorneys' Eyes Only" Protected Information shall be transcribed 

separately from the remainder of the transcript of the deposition and designated in the 

manner set forth in Section 2.0 of this Protective Order. 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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6.3 During the portion of a deposition in which Protected Information will 

be disclosed, counsel of record for the Designating Party may request that all persons 

other than the individuals specified in Section 3.1 (for "Confidential" Protected 

Information) or Section 3.2 (for "Confidential – Attorneys' Eyes Only" Protected 

Information) leave the deposition room prior to disclosure of Protected Information. 

The failure of such other persons to comply with a request of this type shall constitute 

substantial justification for counsel of record to advise the witness not to answer the 

question. 

6.4 Where appropriate, in light of the amount of Protected Information 

likely to be disclosed at a given deposition, counsel of record for the Parties may agree 

at the beginning of or during the deposition that the entire transcript and/or videotape 

shall be designated "Confidential" or "Confidential – Attorneys' Eyes Only", subject to 

review of the transcript and withdrawal of any unnecessary "Confidential" or 

"Confidential – Attorneys' Eyes Only" designation by the Designating Party within 

thirty (30) days of receipt of the transcript. Section 6.4 is made expressly subject to 

the provisions set forth in Section 4.4. 

6.5 A person not otherwise permitted to receive a disclosure of Protected 

Information under Sections 3.1 and 3.2 of this Protective Order may be shown such 

Protected Information, and may be examined or deposed about such Protected 

Information, if the Protected Information itself reveals that such person legitimately 

had access to that Protected Information at some earlier time. This exception does not 

permit any person who has received a disclosure of Protected Information to have 

access to any other Protected Information, even if that information is similar or of the 

same type. 

6.6 A deponent or examined witness not otherwise permitted to receive a 

disclosure of Protected Information under Sections 3.1 and 3.2 of this Protective Order 

may be shown such Protected Information at a duly noticed deposition, and may be 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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examined or deposed about such Protected Information, provided that: (a) the 

procedures set out in Section 4.1 have been followed, and either no objection pursuant 

to Section 4.2 has been made, or any such objections have been resolved pursuant to 

Section 4.3; or (b) the witness first signs the Declaration and Undertaking in the form 

attached hereto as Exhibit A at the deposition. If any Party or Designating Party 

objects at the deposition to the disclosure of Protected Information to a deponent at 

deposition, then that objection to showing Protected Information to the deponent shall 

be resolved before any Protected Information is shown to the deponent. In the event 

such an objection cannot be resolved during the deposition, then the objecting Party or 

Designating Party (the party who raised the objection and caused the deponent to not 

be questioned regarding Protected Information) shall be required to pay all costs other 

than attorneys' fees incurred by the witness, the other Party, and/or the Designating 

Party if it is necessary to reconvene the deposition to conclude questioning about the 

Protected Information. 

7.0 Court Filings Including Protected Information 

7.1 Any written material constituting, containing or disclosing Protected 

Information that is lodged or filed with the Clerk of the Court, including Court papers: 

shall be submitted by lodging such material with a request for filing under seal and a 

proposed sealing order; shall be marked "FILED UNDER SEAL"; and shall be 

endorsed on the front page of the written material itself with a statement substantially 

in the following form:

CONFIDENTIAL 

SUBJECT TO PROTECTIVE ORDER 

IN CIVIL ACTION NO. C 06-1002 RSL 

UNITED STATES DISTRICT COURT FOR THE 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

or 

CONFIDENTIAL – ATTORNEYS' EYES ONLY 

SUBJECT TO PROTECTIVE ORDER 

IN CIVIL ACTION NO. C 06-1002 RSL 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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UNITED STATES DISTRICT COURT FOR THE 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

7.2 Each request to file Protected Information under seal shall require an 

individualized sealing order, which shall be accompanied by the document(s) to be 

filed under seal. The request shall be narrowly tailored to cover only those portions of 

the materials for which good cause to seal exists, while all other portions of such 

materials shall be filed in the public file and shall indicate where information has been 

redacted. All documents to be filed under seal shall be submitted to chambers in both 

redacted and unredacted form so that chambers staff does not have to re-assemble the 

whole brief or declaration. 

7.3 All materials accepted by the Court for filing under seal shall be 

maintained by the Clerk of the Court separate from the public records in this action 

and shall be released only upon further Order of the Court. 

7.4 All documents, exhibits or papers filed in connection with any 

proceedings related to compliance with, performance under, construction of or 

violation of this Protective Order shall be filed under seal. 

8.0 Pretrial, Trial, and Appeal 

8.1 This Protective Order is intended to regulate the handling of Protected 

Information during the pretrial period of this litigation, but shall remain in force and 

effect thereafter until modified, superseded or terminated on the record by agreement 

of the Parties hereto, by Order of this Court, or by Order of an Appellate Court. 

8.2 Subject to the Federal Rules of Evidence, Protected Information may be 

offered in evidence at trial or any Court hearing in this action, provided that: 

8.2.1 the proponent of the evidence advises the Court and the 

Designating Party that Protected Information will be offered prior to its offer 

and the Designating Party has appropriate opportunity to object to the 

disclosure of the Protected Information; 

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COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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8.2.2 any documents, exhibits or papers containing Protected 

Information shall be filed under seal; 

8.2.3 the evidence be received in camera or under other conditions to 

prevent disclosure to any persons other than the judge, the jury, the court 

reporter, counsel of record, any witness testifying with respect to the evidence, 

and other persons who are entitled to receive the appropriate category of 

Protected Information under the terms of this Protective Order, and 

8.2.4 the trial or Court hearing transcript is treated in the manner 

specified in Section 6.0 of this Protective Order. 

8.3 Notwithstanding the foregoing provisions, any Protected Information 

used openly in court hearings or trial will not be treated in any special manner absent a 

further Order of the Court. 

9.0 General Provisions 

9.1 Upon final termination of this action with respect to any Party, that 

Party shall, at the option of the Designating Party, either return to the Designating 

Party or destroy all Protected Information in its possession, except such pretrial and 

trial records as are regularly maintained by outside counsel in the ordinary course of 

business, which records must be protected in conformity with this Protective Order. 

The termination of proceedings in this action shall not thereafter relieve the Parties 

from the obligation to maintain the confidentiality of all Protected Information 

received pursuant to this Protective Order. The Court shall retain jurisdiction over 

disputes arising under this Protective Order after final termination of the action, 

including all appeals. 

9.2 This Protective Order is intended to provide a mechanism for the 

handling of Protected Information, the disclosure or production of which is objected to 

only on the basis of confidentiality. Each Party reserves the right to object to any 

disclosure of information or production of any document it deems Protected 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 14 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 15 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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Information on any other ground it may deem appropriate. The designation of 

Protected Information pursuant to this Protective Order shall not create any 

presumption with respect to the confidential, proprietary, or trade secret nature of any 

information, documents or things. 

9.3 The Parties may, by joint stipulation, apply to amend this Protective 

Order. The amendment shall take effect once the stipulation is approved and entered 

by the Court. 

9.4 The Court retains jurisdiction to amend this Protective Order without 

agreement of the Parties and to issue Orders concerning Protected Information 

disclosed under this Protective Order. 

9.5 Notwithstanding the foregoing provisions, counsel for either Party may, 

without disclosing its/their contents, give advice and opinions to his or her client based 

on his or her evaluation of Protected Information provided by a Disclosing Party or a 

third party and designated as "Confidential" or "Confidential – Attorneys' Eyes Only", 

including for purposes of settlement discussions. 

9.6 Nothing in this Protective Order shall limit or restrict the manner in 

which the Parties shall handle their own Protected Information. 

9.7 Adherence to this Protective Order in no way constitutes an admission 

by any Party that any information provided in this action and not subject to this 

Protective Order is not proprietary or confidential. 

9.8 This Protective Order shall not abrogate or diminish any contractual, 

statutory or other legal obligation or right of any Party or person, nor obligate any 

Party or person to provide any discovery to which it asserts objections. 

9.9 Nothing in the foregoing provisions of this Protective Order shall be 

deemed to preclude any Party from seeking and obtaining, on an appropriate showing, 

such additional protection with respect to the confidentiality of these proceedings or 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 15 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 16 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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specific documents or testimony as that Party may deem appropriate, including but not 

limited to restrictions on public disclosure or disclosure to competitors. 

9.10 The terms of this Protective Order shall apply to documents or 

information produced or disclosed by third parties in connection with this action if 

such third party wishes to designate the document or information Protected 

Information. 

9.11 Each Party reserves the right to apply to the Court to modify the terms 

of this Protective Order in the event that the Party believes that it is necessary. In the 

event such an application is made, all persons described herein shall be bound by this 

Protective Order until it is modified by the Court. 

9.12 The disclosure of Protected Information to any attorney of record shall 

not prevent or disqualify that attorney of record from representing any Party or any 

non-party in any future litigation. 

9.13 If any Party or non-party, having received Protected Information, 

receives a subpoena or other compulsory process from any other person or entity 

seeking the production of the Protected Information produced by the Designating 

Party, counsel for the Designating Party shall be notified in writing immediately, and 

in no event more than three (3) court days after the receipt of the subpoena or other 

compulsory process, and such notification shall include copies of the subpoena or 

compulsory process. Absent the consent of the Designating Party, the Party or person 

receiving such subpoena or compulsory process shall refrain to the fullest extent 

permissible under law from producing the subpoenaed Protected Information. The 

Party or person receiving such subpoena or compulsory process also must immediately 

inform in writing the party who caused the subpoena or Order to issue in the other 

litigation that some or all the material covered by the subpoena or Order is the subject 

of this Protective Order. In addition, the Receiving Party must deliver a copy of this 

Protective Order promptly to the Party in the other action that caused the subpoena or 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 16 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 17 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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Order to issue. The purpose of imposing these duties is to alert the interested Parties 

to the existence of this Protective Order and to afford the Designating Party in this 

action an opportunity to try to protect its confidentiality interests in the court from 

which the subpoena or Order issued. The Designating Party shall bear the full burden 

and all expenses of seeking protection in that court of its Protected Information, and 

nothing in these provisions should be construed as authorizing or encouraging a Party 

to this action to disobey a lawful directive from another court. 

10.0 Inadvertent Disclosure 

With respect to documents, things or other discovery material produced by a Party as 

to which the Party inadvertently failed at the time of production to assert a claim of attorneyclient privilege or work-product immunity, such production shall not be a waiver of that 

privilege or immunity claim. Assertion of the privilege or claim of immunity shall be made as 

soon as practicable after learning of the inadvertent disclosure and in no event later than the 

date of the final pretrial conference. Upon request of the Producing Party, a Receiving Party 

shall return such discovery material and all copies thereof to the Producing Party provided 

that the cost, if any, for excising such discovery material from the paper or electronic files of 

the Receiving Party shall be borne by the Producing Party. A Party may, by motion, after 

returning the material and conferring with opposing counsel in an effort in good faith to 

resolve by agreement any dispute regarding the Producing Party's assertion of attorney-client 

/// 

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/// 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 17 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 18 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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privilege or work-product immunity, contest the Producing Party's claim of privilege or workproduct. The determination of those claims will be made by the Court without regard to the 

fact that such discovery material has been produced. 

Dated: November 15, 2006 CHRISTENSEN O'CONNOR 

JOHNSON KINDNESSPLLC

/s/ W. David Shenk 

W. David Shenk, WSBA No.: 30,797 

Christensen O'Connor Johnson KindnessPLLC

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

Telephone: 206.682.8100 

Fax: 206.224.0779 

E-mail: david@cojk.com, 

courtdocs@efiling.com 

Attorneys for Plaintiff Cole Screenprint, Inc. 

Dated: November15, 2006 PATRICK M. DWYER PC 

/s/ Patrick M. Dwyer 

Patrick M. Dwyer, WSBA No.: 17,497 

Patrick M. Dwyer PC 

1317 Sixth Avenue, Suite 404 

Seattle, WA 98109 

Telephone: 206.550.4049 

E-mail: pmdwyer@earthlink.net 

Attorneys for Defendants Superior Imaging 

Group, Inc. and Fascination Graphics, Inc.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Date: November 27, 2006 

 A

The Honorable John C. Coughenour 

United States District Judge 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 18 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 19 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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EXHIBIT A 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON AT SEATTLE 

COLE SCREENPRINT, INC., a Washington 

corporation, 

Plaintiff, 

v. 

SUPERIOR IMAGING GROUP, INC., a 

Washington corporation; and FASCINATION 

GRAPHICS, INC., a Washington corporation, 

Defendants. 

No. C-06-5396 JCC 

DECLARATION AND 

UNDERTAKING OF 

__________________________ 

I, ______________________________, being duly sworn, state that: 

1. My address is . 

2. My present employer is . 

3. My present occupation or job description is 

 

 

 . 

4. I have received a copy of the Stipulated Protective Order entered in the 

above-captioned action signed by the Honorable John C. Coughenour on ________________, 

2006. 

5. I have carefully read and understand the provisions of the Stipulated Protective 

Order. 

6. I will comply with and agree to be bound by all of the provisions of the 

Stipulated Protective Order. 

7. I will hold in confidence, will not disclose to anyone not qualified under the 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 19 of 20
STIPULATED PROTECTIVE ORDER (C06-

5396JCC) - 20 

COSC\2889PL9 

CHRISTENSEN 

 O'CONNOR 

 JOHNSON 

 KINDNESSPLLC

LAW OFFICES 

1420 Fifth Avenue, Suite 2800 

Seattle, WA 98101-2347 

TELEPHONE: 206.682.8100 

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Stipulated Protective Order, and will use only for purposes of the above-captioned action, any 

"Confidential" and/or "Confidential – Attorneys' Eyes Only" information which is disclosed 

to me. 

8. I will return all "Confidential" and "Confidential – Attorneys' Eyes Only" 

information which comes into my possession, and documents or things which I have prepared 

relating thereto, to counsel for the Party by whom I am retained. 

9. I understand and acknowledge that violation of this Undertaking or the 

Stipulated Protective Order may be punishable by Contempt of Court. I hereby submit to the 

jurisdiction of this Court for the purpose of enforcement of the Stipulated Protective Order in 

the above-captioned action, but I do not submit to the jurisdiction of this Court for any other 

purpose. 

I declare under penalty of perjury under the laws of the United States of America that 

the foregoing is true and correct. 

Executed this _______day of _______, 200__ in ______________________. 

 ________________________________ 

Case 3:06-cv-05396-JCC Document 15 Filed 11/27/06 Page 20 of 20