Szanto v. College of Southern Idaho et al

Filing 20

PROTECTIVE ORDER re 19 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
EDIT SZANTO,

Case No. 1:15-cv-00262-BLW

Plaintiff,
vs.
PROTECTIVE ORDER
COLLEGE OF SOUTHERN IDAHO, a
community college; THAD SCHOLES; KARL
KLEINKOPF; BOB KEEGAN; JAN
MITTLEIDER; LAIRD STONE; JEFF FOX; and
CURTIS EATON, in their official and individual
capacities;
Defendants.

Based upon the parties’ Joint Motion and Stipulation for Protective Order (Dkt. 19)
consideration of the record, and pursuant to the provisions of F.R.C.P. 26(c), the parties’ Joint
Motion and Stipulation for Protective Order :
IT IS HEREBY ORDERED as follows:
A.

Scope of Order / Definition
This Order shall apply to all documents, regardless of form, including portions of

deposition transcripts, that contain information related to: confidential or sensitive health, medical,
or financial information; tax information protected under Idaho Code § 63-3076 or other applicable
provisions of state or federal law; personally identifiable information from education records of
students protected by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g,
or other applicable provisions of state or federal law; personnel records protected from public

PROTECTIVE ORDER - 1.

disclosure under Idaho Code § 74-106, proprietary information not available to the public, or
information which is subject to confidentiality agreements with a third party (collectively referred
to as “Protected Materials” herein).
B.

Access to and Use of Protected Materials
The parties agree they will only use Protected Materials, which shall be conspicuously

marked “CONFIDENTIAL,” for purposes of this litigation, and will only make it available to: (a)
counsel of record for any party, and the legal associates, clerical or support staff of such counsel
assisting in the preparation of this action; (b) a party and a party’s employees, or independent
experts, or potential experts, or any other person employed or retained by counsel for the purpose
of assisting counsel in this action, after said party has advised such person of the provisions of this
Order and secured his or her agreement to abide by its terms; (c) witnesses, court personnel and court
reporters at any proceedings held in connection with this action and to whom there is a legitimate
need to disclose particular materials; and (d) case evaluators, facilitators, and mediators after said
party has advised such person of the provisions of this Order and secured his or her agreement to
abide by its terms.
Each individual who receives any Protected Materials hereby agrees to subject
himself/herself to the jurisdiction of this Court for any purposes of any proceedings relating to
enforcement of this Protective Order.
C.

Handling Protected Personal Materials
If any party files with the Court any pleading, interrogatory, answer, affidavit, motion,

brief, or other paper containing, appending, summarizing, excerpting or otherwise embodying
Confidential Material, the pleading or other paper in which the Confidential Material is embodied
PROTECTIVE ORDER - 2.

shall be filed and maintained under seal and shall not be available for public inspection. The party
making the filing shall comply with Dist. Idaho Loc. Civ. R. 5.3. Further, Idaho Loc. Civ. R. 5.5
shall be complied with to protect personal privacy.
D.

Miscellaneous
1.

This Order shall not prevent either party from applying to the Court for relief

from the Order or any part thereof, or for relief from its application in any particular circumstance,
or from applying to the Court for further or additional protective agreements or orders.
2.

This Order shall survive the final termination of this or related proceedings

to the extent that the Protected Materials have not or do not become known to the public.
3.

The parties may rely on a waiver of the provisions of this Order or consent

to disclosure of Protected Materials that is made by the producing party’s attorney as if that waiver
or consent was made by producing party him/itself, provided that such waiver or consent is express
and shall be either in writing or on record in a hearing, trial, or deposition transcript.
4.

In the event a Party receives a subpoena or other legal or governmental

demand for production of any Protected Material, the subpoenaed Party shall notify the requesting
party of the subpoenaed Party’s obligations defined by this stipulation in order to allow the
requesting party to take appropriate steps in obtaining a court order, if the court in this action so
deems, ordering the production of the requested Protected Material.
5.

All Protected Material and all copies (including electronic, paper and any

other versions thereof) shall be returned to the producing Party or otherwise permanently destroyed
or deleted by the requesting Party within 30 days following termination of this litigation between the
parties, including all appeals. If permanently destroyed or deleted, counsel for the requesting party
PROTECTIVE ORDER - 3.

shall provide written assurance to counsel for the producing party of such destruction or deletion
within 30 days following termination of this litigation.
6.

Except as specifically provided herein, the terms, conditions and limitations

of this Protective Order shall survive the termination of this action.
7.

Pursuant to Local Rule 5.3(a), Counsel seeking to file a document under seal

shall file a motion to seal, along with supporting memorandum and proposed order, and file the
document with the Clerk of Court. Said motion must contain “MOTION TO SEAL” in bold letters
in the caption of the pleading.

DATED: February 26, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

PROTECTIVE ORDER - 4.