Paulson

1 EASTERN DISTRICT OF WASHINGTON

Dec 30, 2025

2

SEAN F. MCAVOY, CLERK

3 UNITED STATES DISTRICT COURT

4 EASTERN DISTRICT OF WASHINGTON

5 TEMIRA PAULSON and MATTHEW

PAULSON,

6 No. 2:25-cv-00061-RLP

Plaintiffs,

7 v.

ORDER GRANTING MOTIONS FOR

8 HIGHSTREET INSURANCE PROTECTIVE ORDER AND TO

PARTNERS, INC.; and SIMMONS EXPEDITE

9 AGENCY d/b/a/ Highstreet Insurance &

Financial Services West

10

Defendants.

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12 Before the Court is Defendants Highstreet Insurance Partners Inc. and

13 Simmons Agency d/b/a Highstreet Insurance & Financial Services West’s

14 Stipulated Protective Order, ECF No. 27, and related Motion to Expedite, ECF No.

15 26. Defendants seeks a protective order to protect confidential material including:

16 (a) Defendants’ overall net worth, current and projected

financial condition; (b) Defendants’ financial balance sheets,

17 income statements, federal tax returns, profit and loss statements,

cash flow statements, and schedules of general administrative

18 expenses from 2022 to the present; (c) commission statements

reflecting policyholder names, information concerning the

19 policies sold to those policyholders, and commissions and costs

associated with such policies; and (d) personnel files, including

20 employment contracts, for persons not parties to this lawsuit.

1 Discoverable information is “presumptively public.” Fierro Cordero v.

2 Stemilt AG Services LLC, 142 F.4th 1201, 1207 (9th Cir. 2025), quoting San Jose

3 Mercury News, Inc. v. U.S. Dist. Ct.-N. Dist. (San Jose), 187 F.3d 1096, 1103 (9th

4 Cir. 1999). Nevertheless, in order to “protect a party or person from annoyance,

5 embarrassment, oppression, or undue burden or expense,” the Court can issue a

6 protective order, restricting the public dissemination of discovery materials. FRCP

7 26(c)(1). A party seeking a protective order has the burden of establishing good

8 cause in the form of good cause that would arise from public disclosure. Fierro

9 Cordero, 142 F.4th at 1207. If the Court finds a party has satisfied this initial

10 burden, the Court must balance the public and private interests and determine

11 whether less restrictive alternatives, such as redaction, can ameliorate concerns of

12 harm. In re Roman Catholic Archbishop of Portland, 661 F.3d 417, 425 (9th Cir.

13 2011).

14 The Court finds that Defendants have met this threshold. As to Highstreet’s

15 financials, Mr. Campbell, the president of the Pacific Northwest Branch of

16 Highstreet has submitted a declaration explaining the competitive nature of

17 insurance brokerage, and how proprietary financial information of the type sought

18 “forms the foundation of a brokerage’s competitive position.” ECF No. 29, ¶¶3-4.

19 Should disclosure of this information occur, competitors would gain insight into

20 Highstreet’s business strategy and operation, enabling them to match or beat

1 Highstreet’s offerings, thereby putting Highstreet at a competitive disadvantage.

2 The remaining categories concern policy holder information and personnel

3 files. Personnel information is often sensitive and must be handled with care. See

4 Reagan-Touhy v. Walgreen Co. 526 F.3d 641 (10th Cir. 2008). Particularly

5 because of the potential for dissemination over the internet, public access to

6 personal information of policy holders and non-party employees can subject them

7 to identity theft, harassment, or malicious disinformation. Given the nature of this

8 case, there is no public interest in information about policyholder information and

9 non-party personnel files and would cause unnecessary risk to non-parties.

10 ACCORDINGLY, IT IS HEREBY ORDERED:

11 1. Defendant’s Motion for Protective Order, ECF No. 27, is GRANTED.

12 2. Defendant’s Motion to Expedite, ECF No. 26, is GRANTED.

13 3. Defendant’s Protective Order, ECF No. 27-1, is ADOPTED as set forth

14 below.

15 PROTECTIVE ORDER

16 1. PURPOSES AND LIMITATIONS

17 Discovery in this action involves production of confidential, proprietary, or

18 private information for which special protection may be warranted. The foregoing

19 agreement filed on behalf of Defendants Highstreet Insurance Partners, Inc. and

20 Simmons Agency d/b/a Highstreet Insurance & Financial Services West and

1 Plaintiffs Temira Paulson and Matthew Paulson is consistent with Federal Rule of

2 Civil Procedure 26(c). It does not confer blanket protection on all disclosures or

3 responses to discovery, the protection it affords from public disclosure and use

4 extends only to the limited information or items that are entitled to confidential

5 treatment under the applicable legal principles.

6 Accordingly, Court finds good cause for, entry of this Stipulated Protective

7 Order pursuant to Fed. R. Civ. P. 26(c).

8 2. CONFIDENTIAL MATERIAL

9 “Confidential” material shall include information, documents and tangible

10 things produced or otherwise exchanged on the following topics:

11 (a) Defendants’ overall net worth, current and projected financial

condition; (b) Defendants’ financial balance sheets, income

12 statements, federal tax returns, profit and loss statements, cash

flow statements, and schedules of general administrative expenses

13 from 2022 to the present; (c) commission statements reflecting

policyholder names, information concerning the policies sold to

14 those policyholders, and commissions and costs associated with

such policies; and (d) personnel files, including employment

15 contracts, for persons not parties to this lawsuit.

16 3. SCOPE

17 The protections conferred by this agreement cover not only confidential

18 material (as defined above), but also (1) any information copied or extracted from

19 confidential material; (2) all copies, excerpts, summaries, or compilations of

20 confidential material; and (3) any testimony, conversations, or presentations by

1 parties or their counsel that might reveal confidential material.

2 However, the protections conferred by this agreement do not cover

3 information that is in the public domain or becomes part of the public domain

4 through trial or otherwise.

5 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

6 4.1. Basic Principles. A receiving party may use confidential material that

7 is disclosed or produced by another party or by a non-party in connection with this

8 case only for prosecuting, defending, or attempting to settle this litigation.

9 Confidential material may be disclosed only to the categories of persons and under

10 the conditions described in this agreement. Confidential material must be stored

11 and maintained by a receiving party at a location and in a secure manner that

12 ensures that access is limited to the persons authorized under this agreement.

13 4.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless

14 otherwise ordered by the court or permitted in writing by the designating party, a

15 receiving party may disclose any confidential material only to:

16 (a) the receiving party’s counsel of record in this action, as well as

17 employees of counsel to whom it is reasonably necessary to disclose the

18 information for this litigation;

19 (b) the officers, directors, and employees (including in house counsel) of

20 the receiving party to whom disclosure is reasonably necessary for this litigation,

1 unless the parties agree that a particular document or material produced is for

2 Attorney’s Eyes Only and is so designated;

3 (c) experts and consultants to whom disclosure is reasonably necessary

4 for this litigation and who have signed the “Acknowledgment and Agreement to

5 Be Bound” (Exhibit A);

6 (d) the court, court personnel, and court reporters and their staff;

7 (e) copy or imaging services retained by counsel to assist in the

8 duplication of confidential material, provided that counsel for the party retaining

9 the copy or imaging service instructs the service not to disclose any confidential

10 material to third parties and to immediately return all originals and copies of any

11 confidential material;

12 (f) during their depositions, witnesses in the action to whom disclosure is

13 reasonably necessary and who have signed the “Acknowledgment and Agreement

14 to Be Bound” (Exhibit A), unless otherwise agreed by the designating party or

15 ordered by the court. Pages of transcribed deposition testimony or exhibits to

16 depositions that reveal confidential material must be separately bound by the court

17 reporter and may not be disclosed to anyone except as permitted under this

18 agreement;

19 (g) the author or recipient of a document containing the information or a

20 custodian or other person who otherwise possessed or knew the information.

1 5. DESIGNATING PROTECTED MATERIAL

2 5.1 Exercise of Restraint and Care in Designating Material for Protection.

3 Each party or non-party that designates information or items for protection under

4 this agreement must take care to limit any such designation to specific material that

5 qualifies under the appropriate standards. The designating party must designate for

6 protection only those parts of material, documents, items, or oral or written

7 communications that qualify, so that other portions of the material, documents,

8 items, or communications for which protection is not warranted are not swept

9 unjustifiably within the ambit of this agreement.

10 Mass, indiscriminate, or routinized designations are prohibited. Designations

11 that are shown to be clearly unjustified or that have been made for an improper

12 purpose (e.g., to unnecessarily encumber or delay the case development process or

13 to impose unnecessary expenses and burdens on other parties) expose the

14 designating party to sanctions.

15 If it comes to a designating party’s attention that information or items that it

16 designated for protection do not qualify for protection, the designating party must

17 promptly notify all other parties that it is withdrawing the mistaken designation.

18 5.2 Manner and Timing of Designations. Except as otherwise provided in

19 this agreement (see, e.g., second paragraph of section 5.2(b) below), or as

20 otherwise stipulated or ordered, disclosure or discovery material that qualifies for

1 protection under this agreement must be clearly so designated before or when the

2 material is disclosed or produced.

3 (a) Information in documentary form: (e.g., paper or electronic

4 documents and deposition exhibits, but excluding transcripts of depositions or

5 other pretrial or trial proceedings), the designating party must affix the word

6 “CONFIDENTIAL” to each page that contains confidential material. If only a

7 portion or portions of the material on a page qualifies for protection, the producing

8 party also must clearly identify the protected portion(s) (e.g., by making

9 appropriate markings in the margins).

10 (b) Testimony given in deposition or in other pretrial proceedings: the

11 parties and any participating non-parties must identify on the record, during the

12 deposition or other pretrial proceeding, all protected testimony, without prejudice

13 to their right to so designate other testimony after reviewing the transcript. Any

14 party or non-party may, within fifteen days after receiving the transcript of the

15 deposition or other pretrial proceeding, designate portions of the transcript, or

16 exhibits thereto, as confidential. If a party or non-party desires to protect

17 confidential information at trial, the issue should be addressed during the pre-trial

18 conference.

19 (c) Other tangible items: the producing party must affix in a prominent

20 place on the exterior of the container or containers in which the information or

1 item is stored the word “CONFIDENTIAL.” If only a portion or portions of the

2 information or item warrant protection, the producing party, to the extent

3 practicable, shall identify the protected portion(s).

4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

5 failure to designate qualified information or items does not, standing alone, waive

6 the designating party’s right to secure protection under this agreement for such

7 material. Upon timely correction of a designation, the receiving party must make

8 reasonable efforts to ensure that the material is treated in accordance with the

9 provisions of this agreement.

10 6. TREATMENT OF CONFIDENTIAL MATERIAL

11 6.1 Written Submissions. In any judicial proceeding in which the

12 confidential information may become part of a written submission to the Court, the

13 party making the submission will provide reasonable notice of the submission to

14 the opposing counsel so that the parties may confer regarding removing the

15 designation, redacting the document, or so that opposing counsel can seek, if

16 necessary, an order from the Court protecting the confidentiality of the

17 document—including an order that the document be redacted or filed under seal—

18 subject to the Court’s review on a document-by-document basis.

19 6.2 Information under Seal. If confidential testimony is filed under seal,

20 the entire filing or submission containing the confidential information shall be

1 made under seal.

2 6.3 Public Disclosures. Except as provided herein, no party having access

3 to confidential information shall make public disclosures of that material without

4 further order of this Court. Information designated as confidential shall be held in

5 the strictest confidence and maintained securely.

6 6.4 Disclosure by Party. If a party learns that, by inadvertence or

7 otherwise, it has disclosed confidential material to any person or in any

8 circumstance not authorized by this Order, that party must immediately: (a) notify

9 the other party in writing of the unauthorized disclosure; (b) inform the person or

10 persons to whom unauthorized disclosures were made of all the terms of this

11 Order; (c) use best efforts to retrieve all copies of the confidential material; and (d)

12 request that such person to which information was disclosed execute the

13 Acknowledgment and Agreement to Be Bound (Exhibit A).

14 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS

15 7.1 Timing of Challenges. Any party or non-party may challenge a

16 designation of confidentiality at any time. Unless a prompt challenge to a

17 designating party’s confidentiality designation is necessary to avoid foreseeable,

18 substantial unfairness, unnecessary economic burdens, or a significant disruption

19 or delay of the litigation, a party does not waive its right to challenge a

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1 confidentiality designation by electing not to mount a challenge promptly after the

2 original designation is disclosed.

3 7.2 Meet and Confer. The parties must make every attempt to resolve any

4 dispute regarding confidential designations without court involvement. Any motion

5 regarding confidential designations or for a protective order must include a

6 certification, in the motion or in a declaration or affidavit, that the movant has

7 engaged in a good faith meet and confer conference with other affected party in an

8 effort to resolve the dispute without court action, pursuant to FRCP 26(c). The

9 certification must list the date, manner, and participants to the conference. A good

10 faith effort to confer requires a face-to-face meeting or a telephone conference.

11 7.3 Judicial Intervention. If the parties cannot resolve a challenge

12 without court intervention, the designating party may file and serve a motion to

13 retain confidentiality under Local Civil Rule 7. The burden of persuasion in any

14 such motion shall be on the designating party. Frivolous challenges, and those

15 made for an improper purpose (e.g., to harass or impose unnecessary expenses and

16 burdens on other parties) may expose the challenging party to sanctions. All parties

17 shall continue to maintain the material in question as confidential until the court

18 rules on the challenge.

19 8. INADVERTANT PRODUCTION OF PRIVILEGED OR OTHERWISE

20 PROTECTED MATERIAL.

1 When a producing party gives notice to receiving parties that certain

2 inadvertently produced material is subject to a claim of privilege or other

3 protection, the obligations of the receiving parties are those set forth in Federal

4 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

5 whatever procedure may be established in an e-discovery order or agreement that

6 provides for production without prior privilege review. The parties agree to the

7 entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.

8 9. NON TERMINATION AND RETURN OF DOCUMENTS

9 Within 60 days after the termination of this action, including all appeals,

10 each receiving party must return all confidential material to the producing party,

11 including all copies, extracts and summaries thereof. Alternatively, the parties may

12 agree upon appropriate methods of destruction.

13 Notwithstanding this provision, counsel are entitled to retain one archival

14 copy of all documents filed with the court, trial, deposition, and hearing transcripts,

15 correspondence, deposition and trial exhibits, expert reports, attorney work

16 product, and consultant and expert work product, even if such materials contain

17 confidential material.

18 The confidentiality obligations imposed by this agreement shall remain in

19 effect until a designating party agrees otherwise in writing or a court orders

20 otherwise.

The Clerk shall enter this Order and forward copies to counsel

DATED December 30, 2025.

LLCs

REBECCA L. PENNELL

5 United States District Judge

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ORDER GRANTING MOTIONS FOR PROTECTIVE ORDER AND TO

1 EXHIBIT A

2 AKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3 I, ____________________________________ [print or type full name], of

4 ___________________________________ [print or type full address], declare

5 under penalty of perjury that I have read in its entirety and understand the

6 Stipulated Protective Order that was issued by the United States District Court for

7 the Eastern District of Washington on ____________________ in the case of

8 Paulson v. Highstreet Insurance Partners, Inc., et al., Case No. 2:25-cv-0061-RLP.

9 I agree to comply with and to be bound by all the terms of this Stipulated Protective

10 Order and I understand and acknowledge that failure to so comply could expose me

11 to sanctions and punishment in the nature of contempt. I solemnly promise that I

12 will not disclose in any manner any information or item that is subject to this

13 Stipulated Protective Order to any person or entity except in strict compliance with

14 the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District Court

16 for the Eastern District of Washington for the purpose of enforcing the terms of this

17 Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action.

19 Date: ___________________

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