State of Washington et al v. Trump et al, No. 1:2020cv03127 - Document 50 (E.D. Wash. 2020)
Court Description: ORDER GRANTING 49 DEFENDANTS' UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator)
Download PDF
<![CDATA[
State of Washington et al v. Trump et al Doc. 50 Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.327 Page 1 of 10 1 2 3 FI LED I N THE U.S. DI STRI CT COURT EASTERN DI STRI CT OF WASHI NGTON 4 Sep 03, 2020 5 SEAN F. MCAVOY, CLERK 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF WASHINGTON 10 11 12 13 14 15 16 17 STATE OF WASHINGTON, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA, and STATE OF WISCONSIN, 18 19 20 21 22 23 24 25 NO. 1:20-CV-03127-SAB ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Plaintiffs, v. DONALD J. TRUMP, in his official capacity as President of the United States of America; UNITED STATES OF AMERICA; LOUIS DEJOY, in his official capacity as Postmaster General; UNITED STATES POSTAL SERVICE, Defendants. 26 27 28 Before the Court is Defendants’ Unopposed Motion for Entry of a Protective Order, ECF No. 49. Pursuant to Federal Rule of Civil Procedure 26(c), Defendants -1ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Dockets.Justia.com Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.328 Page 2 of 10 1 request entry of a protective order to permit Defendant United States Postal Service 2 to disclose certain confidential information. 3 4 5 6 Defendants have determined that some of the information responsive to Plaintiffs’ Expedited Discovery Requests likely contain confidential commercial information protected from general release pursuant to 39 U.S.C. § 410(c)(2). 7 Defendants also seek a protective order in order to disclose information protected by 8 the Trades Secret Act. See 18 U.S.C. § 1905. Good cause exists to grant 9 Defendants’ motion. 10 11 12 13 14 Accordingly, it is HEREBY ORDERED: 1. Defendants’ Unopposed Motion for Entry of a Protective Order, ECF No. 49, is GRANTED. 2. The Court enters the following Protective Order: 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER 1. This Protective Order (“Order”) protects confidential documents and information that may be produced as part of the Expedited Discovery Response, or as otherwise required, in the course of the proceedings in this Action and to set forth mandatory procedures for persons who receive or review documents or information produced subject to this Order. 2. Confidential Information. USPS and its counsel are hereby authorized to release confidential business information that is contained in the Expedited Discovery Response. 3. Definitions. a. Covered Documents. Those documents in the Expedited 28 -2ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.329 Page 3 of 10 1 Discovery Response, or as otherwise required in the course of proceedings in this 2 Action, that USPS or its counsel identifies as containing confidential business 3 4 5 information by the designation “Confidential” are hereinafter referred to as “Covered Documents.” b. 6 Covered Information. All information that USPS or its counsel 7 identifies as being confidential business information as well as any information 8 derived solely from Covered Documents, even if incorporated in another document, 9 pleading, or referred to in testimony, is hereinafter referred to as “Covered 10 11 12 13 Information.” 4. Designations of Information as “Confidential”. USPS will designate as “Confidential” only the material that it determines is confidential business 14 information. If only some of the information on a page is confidential, then USPS 15 will indicate which part is confidential and protected by this Order. If all the 16 information on a page contains confidential business information, then USPS will 17 18 19 20 designate the whole page as “confidential.” 5. Explanation of “Confidential” Designations or Redactions. If Plaintiffs’ counsel, in good faith after reviewing the Expedited Discovery Response, notifies 21 USPS which confidentiality designations or redactions are either not self-evident 22 from the context of the Expedited Discovery Response or are challenged as not being 23 confidential or properly redacted, USPS will promptly provide to Plaintiffs’ counsel 24 25 26 27 explanations of the nature of any Redacted Information, and reasons that it believes that Covered Documents, Covered Information, or Redacted Information require confidentiality. 28 -3ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB 1 2 3 4 5 6 6. ECF No. 50 filed 09/03/20 PageID.330 Page 4 of 10 Persons to Whom Disclosures May Be Made. Disclosure of Covered Documents or Covered Information in the Expedited Discovery Response by Plaintiffs’ counsel is strictly limited to a. the Court; the Court’s staff; court reporters; b. the Department of Justice; 7 c. Plaintiffs’ counsel, including associated personnel necessary to assist 8 Plaintiffs’ counsel in this litigation, such as litigation assistants, 9 paralegals, secretarial or other clerical personnel, and litigation 10 11 12 13 14 support services, including outside copying services; d. experts and consultants to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 e. during their depositions, witnesses in the action to whom disclosure is 16 reasonably necessary and who have signed the “Acknowledgment and 17 18 19 20 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal confidential 21 material must be separately bound by the court reporter and may not 22 be disclosed to anyone except as permitted under this agreement; 23 f. the author or recipient of a document containing the information or a 24 25 26 custodian or other person who otherwise possessed or knew the information. 27 28 -4ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB 1 2 3 4 5 6 7. ECF No. 50 filed 09/03/20 PageID.331 Page 5 of 10 Nondisclosure of Covered Documents and Covered Information. Plaintiffs’ counsel may use Covered Documents or Covered Information produced subject to this Order only for the purpose of this litigation (and all appeals thereof). 8. Covered Documents and Covered Information To Be Returned. Plaintiffs’ counsel shall return or destroy any and all Covered Documents or Covered 7 Information to USPS’s counsel within ten (10) business days following the 8 termination of this Action (including any appeals hereof). Any work product created 9 or filed by Plaintiffs’ counsel that contain Covered Documents or Covered 10 11 12 13 Information and are retained by Plaintiffs’ counsel as part of their litigation files remain subject to the terms of this Order. 9. Covered Documents and Covered Information To Be Filed Under Seal. 14 Those portions of any filings with the Court that include Covered Documents or 15 Covered Information produced subject to this Order shall be made under seal pursuant 16 to the applicable rules of the Court. 17 18 19 20 10. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the designating party’s right to secure protection under this agreement for such material. 21 Upon timely correction of a designation, the receiving party must make reasonable 22 efforts to ensure that the material is treated in accordance with the provisions of this 23 agreement. 24 25 26 27 28 11. Dispute Resolution. In the event that any party to this Action disagrees at any stage of these proceedings with the designation of Covered Documents or Covered Information, the parties shall try first to resolve such dispute in good faith on an informal basis. If the parties cannot resolve a challenge without court -5- ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.332 Page 6 of 10 1 intervention, the designating party may file and serve a motion to retain 2 confidentiality. The burden of persuasion in any such motion shall be on the 3 4 5 6 designating party. All parties shall continue to maintain the material in question as confidential until the court rules on the challenge 12. Continued Effect. Insofar as the provisions of this Order restrict the 7 communication and use of the documents produced thereunder, this Order shall 8 continue to be binding after the conclusion of this litigation except (a) that there shall 9 be no restriction on documents that are used as exhibits in court (unless such exhibits 10 11 12 13 were filed under seal) and (b) that a party may seek the written permission of the producing party or further order of the Court with respect to dissolution or modification of this Order. 14 13. Unauthorized Disclosure. Should any Covered Documents or Covered 15 Information be disclosed, through inadvertence or otherwise, to any person not 16 authorized to receive same under this Order, then the disclosing party shall use its 17 18 19 20 best efforts to bind such person to the terms of this Order. In particular, the disclosing party shall (a) promptly inform such person in writing of all the provisions of this Order and use its best efforts to immediately retrieve all copies of the Covered 21 Documents or Covered Information; (b) simultaneously serve, by electronic mail 22 upon the USPS, copies of the inadvertently disclosed material or a full description of 23 the inadvertently disclosed material; and (c) request such person to sign the agreement 24 25 26 27 28 in the form attached hereto as Exhibit A. The executed agreement shall promptly be served by electronic mail upon the USPS. 14. Nonparty Demand. If either party to this Action receives or is served with a third-party subpoena, request for production, or some other legal demand seeking -6ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.333 Page 7 of 10 1 Covered Documents or Covered Information, that party shall give prompt actual 2 written notice, within ten (10) days of receipt of such subpoena, demand, or legal 3 4 5 6 process, to the opposing party. USPS may then object to the production of the Covered Documents or Covered Information to the extent permitted by law. Should the third-party seeking access to the Covered Documents or Covered Information take 7 action to enforce such a subpoena, demand or other legal process, USPS has the 8 affirmative obligation to initiate (or intervene in) a judicial proceeding to defend and 9 substantiate any claim that the Covered Documents or Covered Information is not 10 subject to disclosure. 11 15. Nothing in this Order shall bar amendment of this Order by agreement of 12 13 14 the parties or by Order of the Court. Any such amendment made by agreement of the parties shall be made in writing. 16. 15 16 17 superseded, or terminated on the record by agreement of the parties or by an Order of the Court. 18 17. The parties agree to submit this Order for entry by the Court and to be 19 20 21 22 This Order shall remain in full force and effect until modified, bound by its terms while waiting its entry by the Court. // // 23 24 25 26 // // // 27 28 // -7ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.334 Page 8 of 10 1 18. Nothing in this Order shall be construed as prohibiting or otherwise 2 restricting USPS’ own use or disclosure of Covered Documents or Covered 3 4 5 6 7 Information subject to this Order, including disclosure to the Department of Justice. IT IS SO ORDERED. The District court is hereby directed to enter this Order and to provide copies to counsel. DATED this 3rd day of September 2020. 8 9 10 11 12 13 Stanley A. Bastian Chief United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB ECF No. 50 filed 09/03/20 PageID.335 Page 9 of 10 1 EXHIBIT A 2 Acknowledgment and Agreement to be Bound 3 4 5 6 a. My name is______. I am over the age of twenty-one years, of sound mind and capable of making this Affidavit. I am personally acquainted with the facts stated herein and know them to be true and correct. I have never been convicted of a felony 7 or a crime involving moral turpitude. 8 b. My address is ______. 9 c. My present occupation is ________________, and I am currently 10 11 12 13 employedby___________. d. I have received a copy of the Protective Order in this Action, and have carefully read and understand its provisions. 14 e. 15 confidence, will not disclose to anyone other than those persons specifically 16 authorized by the Protective Order, and will not copy or use for purposes other than 17 18 19 20 I will comply with all of the provisions of the Protective Order. I will hold in for this Action, any “Covered Documents or Covered Information” (as those terms are defined in the Protective Order) which I receive in this Action. f. I further agree to submit to the jurisdiction of the United States District Court 21 for the Eastern District of Washington for the purpose of enforcing the terms of this 22 Stipulated Protective Order, even if such enforcement proceedings occur after 23 termination of this action. 24 g. I declare under penalty of perjury that the foregoing is true and correct. 25 26 27 28 Date: City and State where sworn and signed: -9ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Case 1:20-cv-03127-SAB 1 Printed name: 2 Signature: ECF No. 50 filed 09/03/20 PageID.336 Page 10 of 10 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10 ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
