Pam Kohli Jacobson, OSB #146059 

pjacobson@bpmlaw.com 

James D. Nelson, OSB #72219 

jnelson@bpmlaw.com 

BETTS, PATTERSON, & MINES, P.S. 

One Convention Place 

701 Pike Street, Suite 1400 

Seattle, WA 98101 

Telephone: (206) 292-9988 

Facsimile: (206) 343-7053 

Attorneys for Defendants University of Oregon, 

Mia Tuan, Edward J. Kame'enui, Francis J. Fien, 

and Brad Shelton 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

DYNAMIC MEASUREMENT GROUP, INC., 

an Oregon corporation, 

Plaintiff, 

vs. 

UNIVERSITY OF OREGON, a special 

governmental body as defined by ORS 

174.117(1 )(i); MIA TUAN, individually and in 

her official capacity; EDWARD J. 

KAME 'ENUI, individually and in his official 

capacity; FRANCIS J. FIEN IV, a/Ida Hank 

Fein, individually and in his official capacity; 

BRAD SHELTON, individually and in his 

official capacity; and HOP SKIP 

TECHNOLOGIES INC., an Oregon 

corporation, 

Defendants. 

PAGE I -STIPULATED PROTECTIVE ORDER 

Case No.: 6:14-cv-01295-TC 

STIPULATED PROTECTIVE 

ORDER 

Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Slreet 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 1 of 10
One or more of the parties has requested the production of documents or information that 

at least one party considers to be or to contain confidential information, and that are subject to 

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

The parties agree that good cause exists to protect the confidential nature of the 

information contained in documents, interrogatory responses, responses to requests for 

admission, or deposition testimony. This action concerns certain intellectual property related to 

a series of early childhood reading tests known as the Dynamic Indicators of Basic Early 

Literacy Skills or DIBELS and a series of Spanish language reading tests known as Indicadores 

Dinamicos del Exito en la Lectura or IDEL, and may involve the disclosure of proprietary and 

confidential information including, but not limited to, customer lists, business plans, license 

agreements, product development information, and confidential financial information. The 

parties agree that the entry of this Stipulated Protective Order ("Protective Order") is warranted 

to protect against disclosure of such documents and information. 

Based upon the above stipulation of the parties, and the Court being duly advised, 

IT IS HEREBY ORDERED as follows: 

1. All documents, testimony, and other materials produced by the parties in this case 

and labeled "Confidential" or "Attorneys' Eyes Only" shall be used only in this proceeding. 

2. Use of any information or documents labeled "Confidential" or "Attorneys' Eyes 

Only" and subject to this Protective Order, including all information derived therefrom, shall be 

restricted solely to the litigation of this case and shall not be used by any party for any business, 

commercial, or competitive purpose. This Protective Order, however, does not restrict the 

disclosure or use of any information or documents lawfully obtained by the receiving party 

PAGE 2 - STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 2 of 10
through means or sources outside of this litigation. Should a dispute arise as to any specific 

information or document, the burden shall be on the party claiming that such information or 

document was lawfully obtained through means and sources outside of this litigation. 

3. The parties, and third parties subject to or affected by a subpoena issued by one 

of the parties, may designate as "Confidential" or "Attorneys' Eyes Only" documents, testimony, 

written responses, or other materials produced in this case if they contain information that such 

producing or affected party has a good faith basis for asserting is confidential under the 

applicable legal standards. The party shall designate each page of the document with a stamp 

identifying it as "Confidential" or "Attorneys' Eyes Only," if practical to do so. The term 

"party" as used in this Order shall be deemed to include any third party subject to or affected by 

a subpoena unless from the context it is clear that such term applies only to the litigants in this 

matter. 

4. If portions of documents or other materials deemed "Confidential" or "Attorneys' 

Eyes Only" or any papers containing or making reference to such materials are filed with the 

Court, they shall be filed under seal and marked as follows or in substantially similar form: 

CONFIDENTIAL 

IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) 

SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE SHOWN 

TO ANY PERSON OTHER THAN THOSE PERSONS DESIGNATED IN 

PARAGRAPH 7 OF THE PROTECTIVE ORDER. 

or 

ATTORNEYS' EYES ONLY 

IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) 

SHALL BE TREATED AS FOR ATTORNEYS' EYES ONLY AND SHALL 

NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS 

DESIGNATED IN PARAGRAPH 8 OF THE PROTECTIVE ORDER. 

PAGE 3 - STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 3 of 10
If a party is filing a document that it has itself designated as "Confidential" or "Attorneys' Eyes 

Only, 11 that party shall reference this Stipulated Protective Order in submitting the documents it 

proposes to maintain under seal. If a non-designating party is filing a document that another 

party has designated as "Confidential" or "Attorneys' Eyes Only, 11 then the non-designating party 

shall file the document under seal. If the non-designating party makes a request in writing to 

have the document unsealed and designating pmiy does not file, within ten calendar days, a 

motion that shows good cause to maintain the document under seal, then the Court shall unseal 

the document. Before seeking to maintain the protection of documents filed with the Court, a 

pmiy must assess whether redaction is a viable alternative to complete nondisclosure. 

5. Within thirty (30) days after receipt of the final transcript of the deposition of any 

party or witness in this case, a party or the witness may designate as "Confidential" or 

"Attorneys' Eyes Only" any portion of the transcript that the party or witness contends discloses 

confidential information. If a transcript containing any such material is filed with the Court, it 

shall be filed under seal and marked in the manner described in paragraph 4. Unless otherwise 

agreed, all deposition transcripts shall be treated as "Confidential" until the expiration of the 

thirty-day period. 

6. "Confidential" or "Attorneys' Eyes Only" information and documents subject to 

this Protective Order shall not be filed with the Court or included in whole or in part in 

pleadings, motions, briefs, etc., filed in this case, except when any portion(s) of such pleadings, 

motions, briefs, etc. have been filed under seal by counsel and marked in the same manner as 

described in paragraph 4 above. Such sealed portion(s) of pleadings, motions, briefs, documents, 

etc., shall be opened only by the Court or by personnel authorized to do so by the Court. 

PAGE 4- STIPULATED PROTECTNE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 4 of 10
7. Use of any information, documents, or portions of documents marked 

"Confidential," including all information derived therefrom, shall be restricted solely to the 

following persons, who agree to be bound by the terms of this Protective Order, unless 

additional persons are stipulated by counsel or authorized by the Court: 

a. Outside counsel of record for the parties, and the administrative staff of outside 

counsel's firms. 

b. In-house counsel for the parties, and the administrative staff for each in-house 

counsel. 

c. Any party to this action who is an individual, and every employee, director, 

officer, or manager of any party to this action who is not an individual, but only to 

the extent necessary to further the interest of the parties in this litigation. 

d. Independent consultants or expert witnesses (including partners, associates and 

employees of the firm which employs such consultant or expert) retained by a 

party or its attorneys for purposes of this litigation, but only to the extent 

necessary to further the interest of the parties in this litigation. 

e. The Court and its personnel, including, but not limited to, stenographic reporters 

regularly employed by the Court and stenographic reporters not regularly 

employed by the Court who are engaged by the Court or the parties during the 

litigation of this action, 

f. The authors and the original recipients of the documents. 

g. Any court reporter or videographer reporting a deposition. 

h. Employees of copy services, microfilming or database services, trial support firms 

and/or translators who are engaged by the parties during the litigation of this 

action. 

8. Use of any information, documents, or portions of documents marked "Attorneys' 

Eyes Only," including all information derived therefrom, shall be restricted solely to the persons 

listed in paragraphs 7(a), 7(b), 7(d), 7(e), 7(g) and 7(h), unless additional persons are stipulated 

by counsel or authorized by the Court. 

PAGE 5-STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 5 of 10
9. Prior to being shown any documents produced by another party marked 

"Confidential" or "Attorneys' Eyes Only," any person listed under paragraph 7(c) or 7(d) shall 

agree to be bound by the terms of this Order by signing the agreement attached as Exhibit A. 

10. Whenever information designated as "Confidential" or "Attorneys' Eyes Only" 

pursuant to this Protective Order is to be discussed by a party or disclosed in a deposition, 

hearing, or pre-trial proceeding, the designating party may exclude from the room any person, 

other than persons designated in paragraphs 7 and 8, as appropriate, for that portion of the 

deposition, hearing or pre-trial proceeding. 

11. Each party reserves the right to dispute the confidential status claimed by any 

other party or subpoenaed party in accordance with this Protective Order. If a party believes that 

any documents or materials have been inappropriately designated by another party or 

subpoenaed party, that party shall confer with counsel for the designating party. As part of that 

conferral, the designating party must assess whether redaction is a viable alternative to complete 

non-disclosure. If the parties are unable to resolve the matter informally, a party may file an 

appropriate motion before the Court requesting that the Court determine whether the Protective 

Order covers the document in dispute. Regardless of which party files the motion, the patiy 

seeking to protect a document from disclosure bears the burden of establishing good cause for 

why the document should not be disclosed. A party who disagrees with another party's 

designation must nevertheless abide by that designation until the matter is resolved by 

agreement of the parties or by order of the Cami. 

12. The inadvertent failure to designate a document, testimony, or other material as 

"Confidential" or "Attorneys' Eyes Only" prior to disclosure shall not operate as a waiver of the 

party's right to later designate the document, testimony, or other material as "Confidential" or 

PAGE 6 - STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 6 of 10
"Attorneys' Eyes Only." The receiving party or its counsel shall not disclose such documents or 

materials if that party or counsel knows or reasonably should know that a claim of 

confidentiality would be made by the producing party. Promptly after receiving notice from the 

producing party of a claim of confidentiality, the receiving party or its counsel shall inform the 

producing party of all pertinent facts relating to the prior disclosure of the newly-designated 

documents or materials, and shall make reasonable efforts to retrieve such documents and 

materials and to prevent further disclosure. 

13. Designation by either party of information or documents as "Confidential" or 

"Attorneys' Eyes Only," or failure to so designate, will not be constitute an admission that 

information or documents are or are not confidential or trade secrets. Neither party may 

introduce into evidence in any proceeding between the parties, other than a motion to determine 

whether the Protective Order covers the information or documents in dispute, the fact that the 

other party designated or failed to designate information or documents as "Confidential" or 

"Attorneys' Eyes Only." 

14. Upon the request of the producing party or third party, within 30 days after the 

entry of a final judgment no longer subject to appeal on the merits of this case, or the execution 

of any agreement between the parties to resolve amicably and settle this case, the parties and any 

person authorized by this Protective Order to receive confidential information shall return to the 

producing party or third party, or destroy, all information and documents subject to this 

Protective Order. Returned materials shall be delivered in sealed envelopes marked 

"Confidential" to respective counsel. The party requesting the return of materials shall pay the 

reasonable costs of responding to its request. Notwithstanding the foregoing, counsel for a party 

may retain archival copies of confidential documents. 

PAGE 7 -STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 7 of 10
15. This Protective Order shall not constitute a waiver of any party's or non party's 

right to oppose any discovery request or object to the admissibility of any document, testimony 

or other information. 

16. Nothing in this Protective Order shall prejudice any party from seeking 

amendments to expand or restrict the rights of access to and use of confidential information, or 

other modifications, subject to order by the Court. 

17. The restrictions on disclosure and use of confidential information shall survive 

the conclusion of this action and this Court shall retain jurisdiction of this action after its 

conclusion for the purpose of enforcing the terms of this Protective Order. 

So stipulated: 

Gleaves Swearingen Potter & Scott, LLP 

s/ Frederick A Batson 

Frederick A. Batson, OSB #821887 

Counsel for DMG, Roland Good and Ruth 

Kaminski 

Kotin Crabtree & Strong, LLP 

s/ William S. Strong 

William S. Strong, Pro Hae Vice 

Counsel for DMG, Roland Good and Ruth 

Kaminski 

Betts Patterson & Mines, P.S. 

s/ Pam K. Jacobson 

Pam K. Jacobson, OSB #146059 

James D. Nelson, OSB #72219 

Counsel for University of Oregon, Mia Tuan, 

Edward J. Kame'enui, Francis J. Fien, and Brad 

Shelton 

Thorp Purdy Jewett Urness & Wilkinson 

s/ Kenneth C. Huffman 

Kenneth C. Huffman, OSB #002854 

Michelle P. Bassi, OSB #106711 

Counsel for Hop Skip Technologies, Inc. 

PAGE 8-STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 8 of 10
The Court has reviewed the reasons offered in support of entry of this Stipulated 

Protective Order and finds that there is good cause to protect the confidential nature of certain 

information. Accordingly, the Court adopts the above Stipulated Protective Order in this action. 

IT IS SO ORDERED. 

DATED:~_l~l--'-=-i!---""'-

Honorable Magis e Judge Thomas M. Coffin 

United States D ·strict Court, District of Oregon 

PAGE 9-STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 9 of 10
EXHIBIT A 

I, ________________ , have been advised by counsel of record for 

in Dynamic Measurement Group, Inc. v. University of 

Oregon, et al., Case No. 6:14-cv-01295-TC of the protective order governing the delivery, 

publication, and disclosure of confidential documents and information produced in this litigation. 

I have read a copy of the protective order and agree to abide by its terms. 

Signed 

Printed 

Date 

PAGE IO-STIPULATED PROTECTIVE ORDER Betts 

Patterson 

Mines 

One Convention Place 

Suite 1400 

701 Pike Street 

Seattle, Washington 98101-3927 

(206) 292-9988 

Case 6:14-cv-01295-TC Document 99 Filed 12/16/15 Page 10 of 10