Young-Dohrman v. Central Washington University

Filing 21

PROTECTIVE ORDER. Signed by Senior Judge Lonny R. Suko. (SK, Case Administrator)

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Amy Clemmons
Assistant Attorney General
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
GAYLE A. YOUNGDOHRMAN,

NO. 1:15-CV-03048-LRS

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STIPULATED
PROTECTIVE
ORDER

Plaintiff,
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v.
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CENTRAL WASHINGTON
UNIVERSITY,

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Defendant.

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PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private information, including but not limited to confidential or

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privileged information relating to third parties for which special protection may

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be warranted. Accordingly, the parties hereby stipulate to and petition the court

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to enter the following Stipulated Protective Order. The parties acknowledge that

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this agreement is consistent with LCR 26(c). It does not confer blanket protection

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on all disclosures or responses to discovery, the protection it affords from public

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disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under the applicable legal principles, and it does

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not presumptively entitle parties to file confidential information under seal.
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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“CONFIDENTIAL” MATERIAL

“Confidential” material shall include the following documents and tangible
things produced or otherwise exchanged:
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E-mails, documents, written or electronic information, data, or

records relating to accommodation requests between 2012 and 2015 by third
parties who are not named in this litigation, including the basis for the
accommodation request and the employer’s response to the request;
2)

Internal communications at CWU relating to non-party employees,

including personnel decisions, hiring and promotion decisions, disciplinary
decisions, and/or other decisions that pertain to non-party employees that would
not be subject to public disclosure and which are relevant to the claims in this
litigation. Whether the records are relevant will be determined by agreement
between the parties or if necessary, an order from the court;
3) Plaintiff’s medical records.

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SCOPE

The protections conferred by this agreement cover not only confidential
material (as defined above), but also (1) any information copied or extracted from
confidential material; (2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations, or presentations by
parties or their counsel that might reveal confidential material. However, the
protections conferred by this agreement do not cover information that is in the
public domain or becomes part of the public domain through trial or otherwise.

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STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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4.1

ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
Basic Principles. A receiving party may use confidential material

that is disclosed or produced by another party or by a non-party in connection
with this case only for prosecuting, defending, or attempting to settle this
litigation. Confidential material may be disclosed only to the categories of
persons and under the conditions described in this agreement. Confidential
material must be stored and maintained by a receiving party at a location and in
a secure manner that ensures that access is limited to the persons authorized under
this agreement.
4.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

otherwise ordered by the court or permitted in writing by the designating party, a
receiving party may disclose any confidential material only to:
(a) the receiving party’s counsel of record in this action, as well as
employees of counsel to whom it is reasonably necessary to disclose the
information for this litigation;
(b) the officers, directors, and employees (including in house counsel) of
the receiving party to whom disclosure is reasonably necessary for this litigation,
unless the parties agree that a particular document or material produced is for
Attorney’s Eyes Only and is so designated;
(c) 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);

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STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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

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

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of confidential material, provided that counsel for the party retaining the copy or

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imaging service instructs the service not to disclose any confidential material to

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third parties and to immediately return all originals and copies of any confidential

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material;

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

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reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound”(Exhibit A), unless otherwise agreed by the designating

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party or ordered by the court. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal confidential material must be separately bound

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by the court reporter and may not be disclosed to anyone except as permitted

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under this agreement;

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

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custodian or other person who otherwise possessed or knew the information. 4.3

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Filing Confidential Material. Before filing confidential material or

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discussing or referencing such material in court filings, the filing party shall

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confer with the designating party to determine whether the designating party will

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remove the confidential designation, whether the document can be redacted, or

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whether a motion to seal or stipulation and proposed order is warranted. Local

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Civil Rule 5(g) sets forth the procedures that must be followed and the standards

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that will be applied when a party seeks permission from the court to file material
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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under seal. The parties agree to redact third party names and any identifying

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information in confidential documents before filing the documents with the court.

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5.
5.1

DESIGNATING PROTECTED MATERIAL

Exercise of Restraint and Care in Designating Material for

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Protection. Each party or non-party that designates information or items for

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protection under this agreement must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. The designating

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party must designate for protection only those parts of material, documents,

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items, or oral or written communications that qualify, so that other portions of

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the material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this agreement. Mass,

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indiscriminate, or routinized designations are prohibited. Designations that are

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

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

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impose unnecessary expenses and burdens on other parties) expose the

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designating party to sanctions. If it comes to a designating party’s attention that

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information or items that it designated for protection do not qualify for protection,

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the designating party must promptly notify all other parties that it is withdrawing

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the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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

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otherwise stipulated or ordered, disclosure or discovery material that qualifies for
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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

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material is disclosed or produced.

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

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and deposition exhibits, but excluding transcripts of depositions or other pretrial

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or

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

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

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

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making appropriate markings in the margins).

trial

proceedings),

the

designating

party

must

affix

the

word

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

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the parties must identify on the record, during the deposition, hearing, or other

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proceeding, all protected testimony, without prejudice to their right to so

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designate other testimony after reviewing the transcript. Any party or non-party

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may, within fifteen days after receiving a deposition transcript, designate portions

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of the transcript, or exhibits thereto, as confidential.

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

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

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

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

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practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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

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

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

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provisions of this agreement.

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6.
6.1

CHALLENGING CONFIDENTIALITY DESIGNATIONS
Timing of Challenges. Any party or non-party may challenge a

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

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

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substantial unfairness, unnecessary economic burdens, or a significant disruption

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

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confidentiality designation by electing not to mount a challenge promptly after

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the original designation is disclosed.

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6.2

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

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any dispute regarding confidential designations without court involvement. Any

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motion regarding confidential designations or for a protective order must include

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

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engaged in a good faith meet and confer conference with other affected parties in

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an effort to resolve the dispute without court action. The certification must list

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the date, manner, and participants to the conference. A good faith effort to confer

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requires a face-to-face meeting or a telephone conference.

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6.3

Judicial Intervention. If the parties cannot resolve a challenge

without court intervention, the designating party may file and serve a motion to
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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retain confidentiality under Local Civil Rule 7 (and in compliance with Local

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Civil Rule 5(g), if applicable). The burden of persuasion in any such motion shall

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be on the designating party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the challenging party to sanctions. All parties shall continue

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to maintain the material in question as confidential until the court rules on the

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challenge.

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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If a party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this
action as “CONFIDENTIAL,” that party must:
(a) promptly notify the designating party in writing and include a copy of
the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order
to issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this agreement. Such notification shall include a
copy of this agreement; and
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the designating party whose confidential material may be affected.
8.

UNAUTHORIZED DISCLOSURE OF PROTECTED

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STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

MATERIAL
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If a receiving party learns that, by inadvertence or otherwise, it has
disclosed confidential material to any person or in any circumstance not
authorized under this agreement, the receiving party must immediately (a) notify
in writing the designating party of the unauthorized disclosures, (b) use its best
efforts to retrieve all unauthorized copies of the protected material, (c) inform the
person or persons to whom unauthorized disclosures were made of all the terms
of this agreement, and (d) request that such person or persons execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as
Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL

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When a producing party gives notice to receiving parties that certain

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

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

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

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

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provides for production without prior privilege review. Parties shall confer on an

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appropriate non-waiver order under Fed. R. Evid. 502.

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10.

NON TERMINATION AND RETURN OF DOCUMENTS

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

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

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including all copies, extracts and summaries thereof. Alternatively, the parties
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

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may agree upon appropriate methods of destruction.

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Notwithstanding this provision, counsel are entitled to retain one archival

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

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transcripts, correspondence, deposition and trial exhibits, expert reports, attorney

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

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contain confidential material. The confidentiality obligations imposed by this

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agreement shall remain in effect until a designating party agrees otherwise in

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writing or a court orders otherwise.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED this 9th day of September, 2015.
s/Lonny R. Suko
LONNY R. SUKO
Senior U.S. District Court Judge

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CLINE & CASILLAS
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Stipulated and agreed to by:
ROBERT W. FERGUSON
Attorney General
s/Amy C. Clemmons
AMY C. CLEMMONS, WSBA
# 22997
Assistant Attorney General
Attorneys for Defendant
1116 W. Riverside Ave, #100
Spokane, WA 99201-1194
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

s/Reba Weiss
REBA WEISS, WSBA#12876
Attorney for Plaintiff
Cline & Casillas
520 Pike Street, Suite #1125
Seattle, WA 98101
Ph: 206-838-8770, Fx: 206-838-8775
[e-mail]

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STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]

EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED:
I,

, declare under

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

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

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E a s t e r n District of Washington on __________ in the case of Gayle A. Young-

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Dohrman v. Central Washington University, Case No. 1:15-CV-3048-LRS.

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

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Protective Order, and I understand and acknowledge that failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or

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item that is subject to this Stipulated Protective Order to any person or entity

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except in strict compliance with the provisions of this Order.

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

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Court for the Eastern District of Washington for the purpose of enforcing the

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terms of this Stipulated Protective Order, even if such enforcement proceedings

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occur after termination of this action.
Date:

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City and State where sworn and signed:

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Printed name:

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Signature:
STIPULATED PROTECTIVE
ORDER

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ATTORNEY GENERAL OF WASHINGTON
1116 West Riverside Avenue, Suite 100
Spokane, WA 99201-1106
[phone]