Wolf et al v. Clark County Department of Family Services et al

Filing 40

PROTECTIVE ORDER. Signed by Magistrate Judge Nancy J. Koppe on 11/29/2017. (Copies have been distributed pursuant to the NEF - SLD)

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ALLEN M. RESSLER, ESQ. (WSBA #5330)
LAW OFFICES OF RESSLER & TESH
Penthouse Suite
821 Second Avenue
Seattle, Washington, 98104
Attorneys for Plaintiffs110
Tel: [phone]

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JUSTIN L. WILSON, ESQ.
JONES WILSON LLP
Nevada Bar No. 7560
1522 W. Warm Springs Road
Henderson, Nevada 89014
Tel: [phone]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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BRUCE WOLFE, as Litigation
Guardian Ad Litem for C.A.R., D.O.B.: No. 2:17-cv-02084-JCM-NJK
1/19/2002,
C.J.R., D.O.B.: 1/17/2005 and
STIPULATION AND [PROPOSED]
G.Y.R., D.O.B: 10/7/2006
PROTECTIVE ORDER

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Plaintiffs,
v.

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CLARK COUNTY, THE STATE OF
NEVADA
DEPARTMENT
OF
HEALTH AND HUMAN SERVICES,
NEVADA DIVISION OF CHILDREN
AND FAMILY SERVICES AND
JOHN AND JANE DOE 1-10.
Defendants.

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 1

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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1.

Plaintiffs and Defendants, through their respective counsel and

subject to the Court’s approval, hereby stipulate and agree as follows, pursuant to
Fed. R. Civ. P. 26(c), with respect to the disclosure of Confidential Information.

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2.

The parties to this action submit this Stipulation and Protective Order

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(hereinafter “Order”) solely for the purpose of facilitating the exchange of

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documents and information between the parties in this action without involving

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the Court unnecessarily in the process. Nothing in this Order nor the production of

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any information or documents under the terms of this Order nor any proceedings
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pursuant to this Order shall be deemed to have the effect of an admission or

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waiver by any party or of altering the confidentiality or non-confidentiality of any

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such document or information or altering any existing obligation of any party or

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absence thereof.

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PROCEDURES REGARDING CONFIDENTIAL INFORMATION
3.

The parties define “Oregon and Washington case records” as all

documents, which are in the custody of Plaintiffs or any other documents obtained

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by any party in this action from Oregon Department of Human Services (“Oregon

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DHS) and Washington Department of Social and Human Services (“Washington

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DSHS”), relating to Oregon DHS and Washington DSHS investigations, custody,

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and placement of Plaintiffs, including, but not limited to, documents relating to all

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 2

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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Plaintiffs’ institutional, foster family, and kin placements; foster family’s licensing

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files; education, mental health, and health services; and court proceedings. These

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“case records” shall also include the files and documents of any child who has

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been or is in Oregon DHS and Washington DSHS custody. The term “document”

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and “documents” include any written, printed, typed, recorded, electronic or

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graphic material of every type and description, and each and every thing from

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which information can be processed or transcribed, including computer readable

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storage material. Documents include, but are not limited to, the following: records,

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handwritten notes, reports, agreements, memoranda, email communications and
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photographs.
4.

The parties acknowledge that Oregon DHS and Washington DSHS

case records and the files and documents of any child who has been or is in their
custody contain sensitive information that is generally protected from disclosure

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pursuant to federal and state law, including without limitation:
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(a)

Information that identifies by name or address, or could reasonably

lead to the disclosure of the name or address of any applicant for or recipient of
child welfare, foster care, or adoption assistance services [45 C.F.R. 1355.21];

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(b)

The names and addresses of applicants for and recipients of child

welfare, foster care, or adoption assistance services and the amounts of financial
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 3

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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assistance provided to them [45 C.F.R. 205.50];

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(c)

Information related to the social and economic conditions or

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circumstances of particular individual applicants for or recipients of child welfare,
foster care, or adoption services [45 C.F.R. 205.50];
(d)

Agency evaluations of information about particular individual

applicants for or recipients of child welfare, foster care, or adoption assistance

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services [45 C.F.R. 205.50];
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(e)

Medical data concerning particular individual applicants for or

recipients of child welfare, foster care, or adoption assistance services [45 C.F.R.
205.50]; and

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(f)

All records of child abuse reports and all information obtained in

investigating reports of child abuse and neglect [45 C.F.R. 1340.14].
The parties also acknowledge that all files or documents of any child who

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has been or is in Oregon DHS and Washington DSHS custody shall come within
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the provisions and protections of this Order.
5.

Oregon DHS and Washington DSHS case records shall be deemed to

be Confidential Information pursuant to this Order and plaintiffs shall label them

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as Confidential upon production.
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 4

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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6.

A party may also label as “Confidential” any discovery that is served

or produced in this litigation (including subpoenas and deposition testimony), if
the marking party believes that the information contained in such discovery

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qualifies for protection under standards developed under Fed. R. Civ. P. 26(c) or
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state or federal law, including the right to privacy. Such information shall be
deemed to be Confidential Information pursuant to this Order.
The fact that a document is stamped “Confidential” by one party shall not

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be construed as an admission by any other party that such document is
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confidential, nor shall it limit or preclude the right of any party to object to the

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“Confidential” designation and to file any appropriate motion(s) to determine the

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propriety of such designation. If the producing party inadvertently fails to stamp

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or otherwise appropriately designate or list certain documents, material, or

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information as “Confidential” upon their production or disclosure, such

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inadvertent failure to designate shall not constitute nor be deemed a waiver of a
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subsequent claim of protected treatment under this Order.

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Any party may contest a designation of “Confidential” by serving a written

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objection (by letter to the designating Party) to the Confidentiality designation at

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any time up to the discovery cut-off including any continuance thereof. Upon

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service of such objection, the Parties shall make a good faith effort to resolve the
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PROTECTIVE ORDER - 5

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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issue informally. If that effort fails, the confidentiality designation shall expire

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unless, within three weeks of service of the objection, or such additional time as

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may be agreed upon the Parties, the Party seeking confidentiality applies to the

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Court or Magistrate Judge for an order designating the document or information
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confidential. If such an application is made, the document or other information

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marked “Confidential” which is in dispute shall remain “Confidential,” as the case

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may be, until the dispute is resolved by and between or among the parties and so

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confirmed in writing or, if necessary, until order of the Court or any Magistrate

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Judge. On any such application, the proponent of confidentiality shall have the

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burden of showing, by a preponderance of the evidence, good cause for the
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claimed protection.
7.

Confidential Information shall only be used for purpose of

prosecution, defense, or settlement of this action, and for no other purpose.

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8.

Confidential Information may be disclosed or made available only to

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the Court; to counsel for a party (including paralegal, clerical, and secretarial staff

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employed by such counsel), and to the “qualified persons” designated below:

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(a)

a party, or an officer, director, agent, or employee of a party deemed

necessary by counsel to aid in the prosecution, defense, or settlement of this
action;
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PROTECTIVE ORDER - 6

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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(b)

experts or consultants (and their clerical staff) consulted and/or

retained by such counsel to assist in the prosecution, defense, or settlement of this
action;

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(c)

court reporter(s) employed in this action; or

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(d)

a witness at any deposition or court proceeding in this action.

9.

Any person other than a party, counsel for a party, or a direct

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employee of such counsel, having access to information pursuant to paragraph 8,

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shall be provided a copy of this Order by the party providing access to the

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information. Such persons shall be bound by this Order and shall not disclose the

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information to any persons not authorized under state or federal law or order of

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this Court to receive such information. Furthermore, any such person shall sign a

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copy of the Statement of Confidentiality attached hereto and made a part hereof as
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Exhibit A, prior to being furnished with any such information.
10.

All documents meeting the definition of Confidential Information that

are produced in this case shall be clearly labeled or stamped “Confidential” prior
to production.

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11.

In connection with proceedings in this action, testimony taken at a

deposition, hearing, or trial relating to Confidential Information or disclosing the

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 7

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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identities of plaintiffs, any other child who has been or is in Oregon DHS and

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Washington DSHS custody, or any individual not a named party to this action,

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may be designated as Confidential Information by making a statement to that

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effect on the record at the deposition or other proceeding. Arrangements shall be

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made with the court reporter taking and transcribing such proceeding to label

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confidential portions of the transcript as containing Confidential Information.

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12.

Any party’s inadvertent or unintentional failure to designate protected

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information shall not be deemed a waiver in whole or in part of that party’s claim

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of confidentiality, as long as the disclosing party notifies all parties in writing that

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such protected information constitutes confidential information within seven days

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after learning that the protected information was inadvertently or unintentionally

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produced without an appropriate confidentiality designation.
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13.

The terms of this Stipulated Protective Order apply, without limitation

to all documents and information exchanged between the parties in the course of
this litigation, whether or not such documents and/or information were exchanged
prior to the entry of this Order and/or were designated as “Confidential.” This

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provision allows a party to designate a previously produced document as
“Confidential.”

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 8

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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14.

If any party or non-party includes in papers to be filed with the Court:

See order issued concurrently herewith.

(i) documents designated as containing Confidential Information, (ii) any portion
of a deposition transcript designated as containing Confidential Information, (iii)

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or information derived from confidential documents or deposition testimony, such
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papers, or the confidential portion thereof, shall be filed under seal. The parties

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will comply with Local Rule IA 10-4 and 10-5, and Kamakana v. City and County

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of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

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15.

Hard copies shall be submitted to the parties in accordance with Local

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Rule IA 10-5 and local e-filing instructions. Parties and nonparties shall also

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comply with all requirements of Fed. R. Civ. P. 5.2 with regard to all documents

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that are filed with the court.

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In all documents that are made part of the public record (unless under

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seal) and in all references in open court, when referring to individual children or

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families, or other persons whose names or other identifying information is

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contained in Oregon DHS and Washington DSHS case records, the parties shall

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use initials agreed to by the parties.

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17.

This Order does not affect access to Confidential Information by

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individuals, including employees of Oregon DHS, Washington DSHS, Clark

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County or the State of Nevada, who are otherwise authorized under state law or
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 9

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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regulation to have such access.

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The parties acknowledge that Oregon DHS and Washington DSHS

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information and material, which are the subject of this Confidentiality Order,

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contain sensitive information that is generally protected from disclosure by

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Oregon and Washington statutes and administrative codes, and that all such

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information should be and hereby is deemed confidential and may not be

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discussed with or disclosed, either orally or in writing, to anyone, including but

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not limited to the news or publication media in any format, except in the strict
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accordance with the provisions of this Confidentiality Order. This Order does not

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apply to policies and procedures of Oregon DHS and Washington DSHS which

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are otherwise deemed public record. This Order shall be without prejudice to the

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right of the parties (i) to bring before the Court at any time the question of whether

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any particular document or information is, in fact, Confidential or whether its use
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should be restricted in any manner whatsoever; or (ii) to present a motion to the

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Court for a separate protective order as to any particular document or information,

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including restrictions differing from those specified herein. This Order shall not be

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deemed to prejudice the parties in any way in any future application for

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modification of this Order.

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This Order shall be without prejudice to any party to claim that a

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 10

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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document that a party marked as containing Confidential Information is also

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protected by the attorney-client privilege, work product doctrine, or any other

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privilege or limitation recognized under state or federal law. Determinations of

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confidentiality and privilege are separate, and nothing in this Order constitutes a
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waiver of privilege.
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At the conclusion of this case, all discovery material made

confidential pursuant to this Order, or another court order, all documents
reflecting such material, and all copies thereof (including without limitation,

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copies provided to testifying or consulting experts or consultants) shall be
returned to the person or party that produced the confidential material, or, in the

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alternative, destroyed and certified in writing to the person or party that produced

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the confidential material to have been destroyed. Notwithstanding the foregoing,

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counsel for the parties may retain, until the expiration of the statute of limitations

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applicable to attorney malpractice, including any period for which the statute may

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be tolled, one copy of the named plaintiffs’ case records, including the
confidential material contained therein, and one copy of any attorney work

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product reflecting Confidential Information, provided that such case records and

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attorney work product is prominently marked with the statement:

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 11

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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CONFIDENTIAL
This envelope contains documents that are subject to a Protective
Order entered by the Court in this action governing the use of
confidential discovery material.

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or some substantially similar statement. The provisions of this Order shall

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continue to apply to all confidential materials not returned or destroyed in

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accordance with this paragraph. After the expiration of the statute of limitations
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applicable to attorney malpractice, including any period for which the statute may
be tolled, plaintiffs’ counsel shall return or destroy all confidential case records in
accordance with the terms of this paragraph.
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 12

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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28th
DATED this ____ day of November, 2017.
RESSLER & TESH, PLLC

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Allen M. Ressler, WSBA No. 5330
821 – 2nd Avenue, Suite 2200
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiffs

JONES WILSON LLP
/s/ Justin L. Wilson, Esq.
________________________________
Justin L. Wilson, Esq.
Nevada Bar No. 7560
1522 W. Warm Springs Road
Henderson, NV 89014
Tel: [phone]
[e-mail]
Co-Counsel for Plaintiffs

OLSON, CANNON, GORMLEY,
ANGULO & STOBERSKI
/s/ Felicia Galati, Esq.
______________________________
Felicia Galati, Esq.
Nevada Bar No. 7341
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
Tel: [phone]
[e-mail]
Attorney for Defendant Clark County

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 13

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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ORDER
IT IS HEREBY ORDERED, ADJUDGED and DECREED that,
The records of the Clark County Department of Family Services

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(“CCDFS”), which may be discoverable in Bruce Wolf et al. v. Clark County et
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al., United States District Court Case No: 2:17-cv-02084-JCM-NJK, as well as

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any other documents so marked by the Parties, are deemed confidential to this

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litigation, and may be released and disclosed only in accordance with the terms

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and provisions of the foregoing Stipulation, said terms and provisions being

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incorporated into this Order by this reference as though fully set forth herein.

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IT IS SO ORDERED this ____ day of November, 2017.
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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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Submitted by:
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RESSLER & TESH, PLLC

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Allen M. Ressler, WSBA No. 5330
Counsel for Plaintiffs

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JONES WILSON LLP
/s/ Justin L. Wilson, Esq.
___________________________
Justin L. Wilson, Esq.
Nevada Bar No. 7560
Co-Counsel for Plaintiffs

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PROTECTIVE ORDER - 14

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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Exhibit A
STATEMENT OF CONFIDENTIALITY
By signing this document, I hereby certify that I have read the

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Confidentiality Order entered by the Court in Bruce Wolf et al v. Clark County et
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al, USDC Case No. 2:17-cv-02084-JCM-NJK on _________________, 201___. I

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understand this Order and agree to abide by its terms by not disclosing

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confidential information to anyone other than counsel, employees or clerical staff

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subject to this order, except as required by lawful judicial process

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___________________________
Signature

___________________________
Date

___________________________
Print Name / Title

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PROTECTIVE ORDER - 15

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]

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ECF CERTIFICATION

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I, Khanh T. Tran, hereby certify that I have obtained concurrence regarding

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the filing of this document from each of the signatories within the e-file document.
28th
DATED this ____ day of November, 2017 at Seattle, Washington.

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RESSLER & TESH, PLLC

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_____________________________
Khanh T. Tran | Paralegal

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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER - 16

Law Offices of Ressler & Tesh
Penthouse Suite
821 Second Avenue
Seattle, WA 98104
[phone]