John S. Craiger 

Admitted pro hac 

john.craiger@quarles.com 

Sarah R. Anchors 

Admitted pro hac 

sarah.anchors@quarles.com 

Quarles & Brady LLP 

2 N. Central Avenue 

Renaissance One 

Phoenix, AZ 85004 

602-229-5618 

Fax:602-229-5690 

Attorneys for Defendant ViSalus, Inc. 

[Additional attorneys listed on signature page] 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

LORI WAKEFIELD, individually and on 

behalf of all others similarly situated, 

Plaintiff, 

v. 

VISALUS, INC., a Nevada corporation 

Defendant. 

Page 1 - Stipulated Protective Order 

Case No. 15-CV-01857 

STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 1 of 9
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 the allegedly unlawful telemarketing 

campaign effectuated by Defendant ViSalus Inc. to market and sell its weight-loss products. 

Plaintiffs discovery requests to ViSalus seek confidential proprietary documents regarding 

ViSalus's policies and procedures as well as identifying information of individuals who are not 

parties to this litigation. 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 settlement discussions 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 pa1ty 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 patties, and third parties subpoenaed by one of the parties, may designate as 

Page 2 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 2 of 9
"Confidential" or "Attorneys' Eyes Only" documents, testimony, written responses, or other 

materials produced in this case if they contain information that the producing party has a good 

faith basis for asserting as 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. 

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, the filing party shall request that the Court allow the documents to 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 DESIGNED 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. 

If a party is filing a document that it has itself designated as "Confidential" or "Attorneys' Eyes 

Only," 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" then the non-designating party 

shall seek the Court's permission to file the document under seal. Before seeking to maintain the 

protection of documents filed with the Court, a party must assess whether redaction is a viable 

alternative to complete nondisclosure. 

Page 3 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 3 of 9
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 (30) 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, motion, briefs, documents, 

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

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 Couti: 

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

outside counsel's fitms. 

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

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

director, officer, or manager of any patty 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 pa1tners, associates 

and employees of the firm which employs such consultant or expett) 

retained by a party or its attorneys for purposes of this litigation, but only 

Page 4 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 4 of 9
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 patties 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 Cou1t. 

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 Protective 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. 

I 1. 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 

Page 5 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 5 of 9
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 patty files the motion, the party 

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

why the document should not be disclosed. A patty 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 Court. 

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 

"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 disclosures. 

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

"Attorneys' Eyes Only," or failure to so designate, will not 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 or third party, within thirty (30) days afterthe 

Page 6 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 6 of 9
entry of a final judgment no longer subject to appeal on the merits of this case, or the execution 

of any agreement between the patties 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 material shall be delivered in sealed envelopes marked 

"Confidential" to respective counsel. The party requesting the return of such 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. 

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. 

I 6. 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 Coutt. 

I 7. The restrictions on disclosure and use of confidential information shall survive the 

conclusion of this action and this Court shall retainjurisdiction of this action after its conclusion 

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

So stipulated: 

[signatures on following page] 

Page 7 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 7 of 9
Isl Eve-Lynn J. Rapp 

Benjamin H. Richman* 

brichman@edelson.com 

Eve-Lynn J. Rapp* 

erapp@edelson.com 

EDELSON PC 

350 North LaSalle Street, Suite 1300 

Chicago, Illinois 60654 

Tel: 312.589.6370 

Fax: 312.589.6378 

Scott F. Kocher, OSB #015088 

scott@forumlawgroup.com 

FORUM LAW GROUP LLC 

811 SW Naito Parkway, Suite 420 

Portland, Oregon 97204 

Tel: 503.445.2102 

Attorneys for Plaintiff, Lori Wakefield, 

individually and on behalf of all others 

similarly situated 

*Admitted pro hac vice 

Isl Sarah R. Anchors 

Joshua M. Sasaki 

josh.sasaki@millernash.com 

Jonathan H. Singer 

jonathan.singer@millernash.com 

Miller Nash Graham & Dunn LLP 

111 SW Fifth Avenue 

Suite 3400 

Portland, OR 97204 

503-205-2410 

Fax: 503-224-0155 

John S. Craiger 

john.craiger@quarles.com 

Sarah R. Anchors 

sarah.anchors@quarles.com 

Quarles & Brady LLP 

2 N. Central Avenue 

Renaissance One 

Phoenix, AZ 85004 

602-229-5618 

Fax: 602-229-5690 

Attorneys for Defendant ViSalus, Inc. 

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: _1-f_-l_Lf_~_f~~-

Page 8 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 8 of 9
EXHIBIT A 

I,--------------'' have been advised by counsel ofrecord for. 

-------------~in ___________________ 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 9 - Stipulated Protective Order 

Case 3:15-cv-01857-SI Document 49 Filed 04/14/16 Page 9 of 9