STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 1 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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HON. JOHN C. COUGHENOUR 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

S.F., 

Plaintiff, 

v. 

HealthTalk, Inc., 

Defendant. 

NO. CV 06-0935 JCC 

STIPULATION PROTECTING 

CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER 

THEREON

Pursuant to Fed.R.Civ.Pro. 26(c), the parties, by and through their respective counsel of 

record, hereby stipulate that the following provisions shall apply to all discovery in this 

litigation. 

1. The Complaint of Plaintiff involves Plaintiff’s claims of employment 

discrimination arising from Plaintiff’s employment with Defendant. Defendant denies these 

claims. The nature of Plaintiff’s allegations of disability discrimination include his disclosure 

to his employer his status as HIV Positive and that he has been diagnosed with AIDS. Because 

of the stigma and discrimination associated with these conditions, the plaintiff’s name and other 

identifying information (including his address and the identity of his current employer) require 

protection from disclosure to the general public. 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 2 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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2. It is necessary for Plaintiff to provide through discovery in this lawsuit 

confidential financial information and confidential medical and psychological records, all 

of which are entitled to protection against improper disclosure to the general public. Because of 

the nature of his diagnosis, the medical and psychological records contain intensely personal 

matters regarding all aspects of Plaintiff’s life, sexuality, and medical condition which would be 

highly damaging if disclosed publicly. The identity of Plaintiff’s current and past employers, 

and records relating to the identity of his past and current employers, if revealed publicly, may 

also result in the inadvertent disclosure of private medical information that would be highly 

damaging to him and his prospects of ongoing or future employment. It may also be necessary 

for Defendant HealthTalk, Inc. (“HTI”) to produce confidential business or commercial 

information of HTI and its affiliated companies, which, if disclosed to the competitors, may 

unfairly and adversely affect competition; and confidential personnel records regarding 

employees of HTI or its affiliated companies who are not parties to this action, which, if disclosed 

to the public, may affect the privacy interests of those employees, and/or may cause 

embarrassment. 

3. This Stipulation, when and as approved by the court, is intended to govern all 

productions of confidential information and documents pertaining to this litigation. 

4. The following definitions shall apply to this Stipulation and Order: 

4.1 “Party” or “parties” shall mean and refer to any party, Plaintiff or 

Defendant, in the above-captioned matter signatory to this Stipulation including counsel of 

record for any party signatory to this Stipulation; 

4.2 “Confidential Information” shall mean and refer to the Plaintiff’s name, 

the Plaintiff’s and any other person’s employment, education, medical and psychological 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 3 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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records and information, and personal financial information and records, including bank 

account numbers and social security numbers; confidential business or commercial information 

of HTI and its affiliated companies; and confidential personnel records regarding employees of 

HTI or its affiliated companies who are not parties to this action. It also refers to information a 

party in good faith designates as “Confidential” as set forth below. Upon good cause shown 

and/or a compelling reason, the Court may determine that certain information the parties 

designate as “Confidential” shall be redacted or filed under seal, as set forth below. 

4.3 “Qualified persons” shall mean and refer to: 

(a) The Court and Court personnel, including stenographic reporters 

engaged in such proceedings as are necessarily incident to the preparation for trial and/or trial of 

this action; 

(b) Counsel of record for any party signatory to this Stipulation, 

including all partners and associate attorneys of that counsel’s law firm; 

(c) Employees, paralegal assistants, stenographic and clerical 

employees of counsel for the parties signatory to this Stipulation only when operating under the 

direct supervision of counsel; 

(d) Plaintiff S.F.; 

(e) Defendant HealthTalk, Inc. and all managing agents and 

employees of Defendant, who become involved in this litigation at the request of counsel of 

record and whose review of protected documents is specifically controlled by counsel; 

(f) Potential witnesses who become involved in this litigation at the 

request of counsel of record and whose review of protected documents is specifically controlled 

by counsel; 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 3 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 4 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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(g) Experts or consultants employed by counsel of record for the 

purpose of assisting in these proceedings, preparation for trial and/or trial of this action; 

(h) Claims examiners of the Defendant’s insurance company. 

5. Any party to this action may proffer into evidence any Confidential Information 

at time of trial or by motion or otherwise and such Confidential Information may be introduced 

or shown to jurors and witnesses at the time of trial or on motion of any party, subject to normal 

evidentiary objections. In the event that any material designated as Confidential is used in any 

court proceeding in this action, it shall not lose its confidential status through such use, and the 

party using such confidential material shall maintain its confidentiality during such use, subject 

to the Court’s guidance. 

6. All documents, information and things deemed to contain Confidential 

Information under Paragraph 4.2 above shall be brought within the protection of this Stipulation 

and Order by placing in a conspicuous place on any such documents, or on the first page or 

cover sheet of a set of documents, the word “Confidential.” Any such Confidential Information 

and documents shall be kept confidential and shall not be disclosed, used or copied except as set 

forth hereafter and in connection with preparation for the proceedings in the above-captioned 

matter and shall not be used for any other purpose. The term “documents” shall be defined to 

include all written, photographic, or electronic media, including computer print-outs and 

computer storage devices such as floppy disks, extracts, summaries, attachments, and answers 

to requests for production. 

7. Any deposition testimony deemed to contain Confidential Information shall be 

brought within the protection of this Stipulation and Order by orally designating on the 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 5 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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deposition record the protected portion or portions or, within ten (10) business days of receipt of 

the transcript, by designating such portions by page and line number. 

8. The designating party shall have the burden of proof regarding the confidential 

nature of designated documents and/or information. 

9. The parties shall resolve any disputes concerning the designation of any 

documents as “Confidential” as follows: the non-designating party shall challenge any 

designation of confidentiality by notifying the designating party in writing, specifically 

identifying the challenged item(s) as well as the basis for the challenge. If the parties cannot 

resolve the challenge after engaging in good-faith discussions, the designating party shall seek 

an order of the Court with respect to the challenged information, documents, or things 

designated as “Confidential.” Both Plaintiff and Defendant will treat all materials or 

information designated as “Confidential” in accordance with the requirements of this Order for 

a reasonable period after notice of a challenge to confidentiality and during the pendency of 

related motions. The parties further 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 

confidential treatment of any information. 

10. Except as provided for herein, confidential documents and confidential 

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

either directly or indirectly, to any person or entity.

11. Disclosure of confidential information and confidential documents may be made 

only to “qualified persons,” as defined above, with the following additional limitations: 

11.1 Expert witnesses and consultants retained by Plaintiff or Defendant must 

affirmatively agree to the terms and conditions of this Protective Order prior to review of any 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 6 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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such documents, and execute a Statement of Confidentiality, identical to Exhibit A. Counsel 

shall retain such statements and make them available to other counsel signatory to this 

Stipulation upon request, if a violation of the Order is reasonably believe to have occurred. 

11.2 Defendant HealthTalk, Inc. and other representatives of Defendant may 

review confidential documents provided by the Plaintiff only as needed for the defense of 

Plaintiff’s claims after executing a Statement of Confidentiality, identical to Exhibit A. Counsel 

for the Defendant shall retain such statements and make them available to other counsel 

signatory to this Stipulation upon request, if a violation of the Order is reasonably believe to 

have occurred. 

11.3 Potential witnesses may review confidential documents only as needed 

for litigation of this case and under the supervision of counsel after executing a Statement of 

Confidentiality, identical to Exhibit A. Counsel shall retain such statements and make them 

available to other counsel signatory to this Stipulation upon request, if a violation of the Order 

is reasonably believed to have occurred. 

12. When documents, briefs or memoranda containing Confidential Information 

are filed with the Court, the same shall be done in accordance with Local Rule CR 5(g)(1) and 

the U.S. District Court’s CM/ECF procedures for the filing of sealed documents. For 

confidential documents filed by hard copy, and which the Court has determined should be 

sealed for “good cause” shown (non-dispositive motions) or a “compelling reason” (dispositive 

motions), such documents shall be placed in sealed envelopes or other appropriately sealed 

containers on which shall be endorsed: 

12.1 The words “SEALED CONFIDENTIAL”; 

12.2 The title of the action to which the contents pertain; 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 6 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 7 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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12.3 An indication of the nature of the contents; and 

12.4 A statement substantially in the following form: 

“This envelope [or container] is filed pursuant to court order and protective order 

by [name of party] and contains confidential information. It is not to be opened 

or the contents thereof to be displayed or revealed except to the Court and to 

counsel of record signatory to the Stipulated Protective Order. The contents 

shall not be displayed or revealed to third parties except by Court order or by 

written agreement of all the parties.” 

The envelope or container shall not be opened, except as set forth above. The envelope shall 

then be returned to the Clerk of the Court, appropriately sealed, and endorsed as provided 

above. 

13. In all court filings and use of exhibits, all parties shall comply with “the Privacy 

Concerns” set forth in the U.S. District Court’s CM/ECF Civil and Criminal Procedures and 

redact documents as necessary. In addition, the parties agree to redact the Plaintiff’s name and 

reflect only “S.F.” in court filings and exhibits. In summary: 

• Plaintiff’s name: Use only the plaintiff’s initials, “S.F.” 

• Plaintiff’s past and current employer, with the exception of defendant, use only 

the employer’s initials. 

• Minors’ names: Use only the minors’ initials. 

• Financial account numbers: Identify the name or type of account and the 

financial institution where maintained, but use only the last four digits of 

the account number. 

• Social Security numbers: Use only the last four digits. 

• Dates of birth: Use only the year. 

14. Miscellaneous. 

14.1 The information protected by this Protective Order is the substance of the 

Confidential Information, no matter what form the information is in and no matter how the 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 7 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 8 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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information might be communicated. The parties do not intend to in any way waive the 

assertion of confidentiality and hereby expressly reserve their rights to assert and preserve the 

confidentiality of any information disclosed in this Proceeding that is not designated as 

Confidential Information pursuant to this Protective Order. 

14.2 Recipients of Confidential Information pursuant to this Protective Order 

shall exercise reasonable and appropriate care with regard to such Confidential Information to 

ensure that the confidential nature of the same is maintained. 

14.3 In the event any person in receipt of Confidential Information shall 

receive a subpoena, or court order, seeking disclosure of another party’s Confidential 

Information, such person shall immediately upon receipt of such subpoena or court order notify 

counsel for the designating party that produced the Confidential Information of same and shall 

provide a copy of same if applicable. Except in the case of an order requiring immediate 

production of the requested information, no party shall disclose another party’s Confidential 

Information without giving the other party an opportunity to seek from this Court an order 

governing disclosure of the requested information. Nothing herein shall be construed to require 

any recipient of information subject to this Order to refuse to comply with a lawfully issued 

subpoena, with any order of any Court, or with the command of any law enforcement agency. 

14.4 If Confidential Information is disclosed to any person other than in the 

manner authorized by this Protective Order, the person responsible for the disclosure shall 

immediately bring all the pertinent facts relating to such disclosure to the attention of counsel 

for all parties, without prejudice to the rights and remedies of any party, and shall make every 

effort to prevent further disclosure by it or by the person who received such Confidential 

Information. 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 8 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 9 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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14.5 This Protective Order is made to facilitate discovery and the production 

of discoverable evidence in this action. Neither the entry of this Protective Order, the 

designation of any information as Confidential Information under the Order, the failure to make 

such designation, or the failure to object to such designation by any party shall constitute 

evidence with respect to any issue in this litigation. This Protective Order shall not abrogate or 

diminish any contractual, statutory or other legal right or obligation any party may have with 

respect to information disclosed in this matter. 

14.6 Any party or person who knowingly violates this Protective Order may 

be held in contempt of this Court. The Court and parties preserve the right to order or seek an 

award of such other relief as is appropriate for such disclosure. 

15. No later than sixty (60) days following the conclusion of these proceedings, 

Plaintiff and Defendant agree to destroy or return all Confidential Information, documents, and 

things and all copies of same to the counsel producing such information and documents, at the 

election of, and expense of, the opposing party. To the extent that the information is embodied 

in and is inseparable from attorney work product, the recipient party may destroy the document 

or maintain confidentiality of such material in perpetuity. “Conclusion of these proceedings” 

refers to the exhaustion of available appeals, or the running of time for taking such appeals, as 

provided by applicable law. If this matter is concluded by settlement, return of Confidential 

Information shall be governed by the settlement agreement. 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 9 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 10 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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16. The provisions of this Order shall not affect the admissibility of evidence 

at trial, summary judgment, or any preliminary evidentiary proceedings in open court. 

17. The provisions of this Protective Order may be modified by the Court on 

its own motion after notice to the parties and an opportunity to be heard. 

18. At this time, the Court specifically finds good cause and compelling 

reason to require the following information and documents protected from public disclosure, as 

follows: 

(a) The Plaintiff’s name shall be redacted and he shall be referred to 

only as “S.F.” in all documents that are filed with the Court. The parties shall refer to plaintiff 

only as “S.F.” in all pleadings filed with the Court. The Court, too, will refer to plaintiff only as 

“S.F.” in all of its Orders and in the court record. 

(b) The Plaintiff’s medical information and medical records shall be 

filed under seal. This Order shall constitute permission to file under seal pursuant to Local 

Civil Rule 5(g) only as to medical information and medical records. 

(c) The identity of the Plaintiff’s current and former employers shall 

be redacted and referred to only by initials. If the parties wish to file employment records under 

seal, they must follow the procedures required by Local Civil Rule 5(g). 

JOINTLY SUBMITTED this 18th day of January, 2007. 

MacDONALD HOAGUE & BAYLESS 

By /s/ Andrea Brenneke 

Andrea Brenneke, WSBA #22027 

705 Second Avenue, Suite 1500 

Seattle, Washington 98104-1745 

206.622.1604 

Attorneys for Plaintiff 

SUMMIT LAW GROUP PLLC 

By /s/ Shannon Phillips 

Shannon E. Phillips, WSBA #25631 

315 Fifth Avenue South, Suite 1000 

Seattle, WA 98104-2682 

206.676.7000 

Attorneys for Defendant 

Case 2:06-cv-00935-JCC Document 12 Filed 01/25/07 Page 10 of 13
STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 11 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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ORDER

The Court’s modifications to the parties’ proposed language are found in paragraphs 

18(b) and 18(c). The Court otherwise approves of the Proposed Protective Order as submitted. 

IT IS SO ORDERED this 25th day of January

A

, 2007. 

HON. JOHN C. COUGHENOUR 

UNITED STATES DISTRICT JUDGE 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 12 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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EXHIBIT A

STATEMENT OF CONFIDENTIALITY

The undersigned acknowledges receipt of the attached STIPULATION PROTECTING 

CONFIDENTIALITY OF DOCUMENTS AND INFORMATION AND ORDER THEREON 

and that he/she has read and understands and agrees to be bound thereby. 

Signed this day of , 2007. 

______________________________ 

Signature 

______________________________ 

Print Name 

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STIPULATION PROTECTING CONFIDENTIALITY OF DOCUMENTS 

AND INFORMATION AND ORDER THEREON - 13 

USDC WD WA NO. CV 06-0935 JCC 

MacDONALD HOAGUE & BAYLESS 

1500 HOGE BUILDING 

705 SECOND AVENUE 

SEATTLE, WASHINGTON 98104-1745 

(206) 622-1604 

FAX: (206) 343-3961

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CERTIFICATE OF SERVICE

I hereby certify that on January 18, 2007, 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 

below listed attorneys: 

Attorneys for Defendant

Shannon E. Phillips, WSBA #25631 

shannonp@summitlaw.com 

Summit Law Group PLLC 

315 Fifth Avenue South, Suite 1000 

Seattle, WA 98104-2682 

Phone: (206) 676-7000 

Fax: (206) 676-7001 

 /s/ Andrea Brenneke 

Andrea Brenneke, WSBA #22027 

Attorneys for Plaintiff 

MacDonald Hoague & Bayless 

705 2nd Ave #1500 

Seattle, WA 98104 

Tel: 206-622-1604 

Fx: 206-343-3961 

Email andreab@mhb.com 

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