Lyons et al v. State of Washington Child Protective Services et al
Filing
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ORDER granting 22 Motion for Protective Order and 24 Motion for Joinder. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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ANDREA JOY LYONS; MARK
GEERHART,
NO. 1:17-CV-3108-TOR
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Plaintiffs,
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v.
ORDER GRANTING
DEFENDANTS’ MOTION FOR
PROTECTIVE ORDER
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STATE OF WASHINGTON, CHILD
PROTECTIVE SERVICES, a Division of
THE DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; Employee’s
FRANCESCA GUZMAN in her individual
and official capacity; EAST VALLEY
ELEMENTARY SCHOOL, DISTRICT
NO. 90, Yakima County, State of
Washington; COLEEN CROWSTON, in
her individual and official capacity as
Principal of East Valley Elementary School;
LISA BARTHELD (Counselor), in her
individual and official capacity; CAROLYN
SAUVE (Administrative Assistant), in her
individual and official capacity; and
MELODY ANN LUKE (R.N.), in her
individual and official capacity,
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Defendants.
ORDER GRANTING DEFENDANTS’ MOTION FOR PROTECTIVE ORDER ~ 1
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BEFORE THE COURT is Defendants’ Motion and Memorandum for
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Protective Order. ECF No. 22. This matter was submitted for consideration
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without oral argument. The Court has reviewed the record and files herein, and is
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fully informed. For the reasons discussed below, Defendants’ Motion for
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Protective Order (ECF No. 22) is GRANTED.
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BACKGROUND
This action arises out of the Washington State Department of Social and
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Health Services’ referral and investigation of potential child abuse or neglect of
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C.T. by Kevin Teeman. ECF No. 22 at 2. Plaintiffs Andrea Joy Lyons and Mark
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Geerhart assert 42 U.S.C. § 1983 claims and First, Fourth, and Fourteenth
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Amendment claims under familial association, privacy, and warrantless seizure and
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removal of children. ECF No. 12 at 20, 24. Plaintiffs also aver a Monell claim
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against Defendants State of Washington, Child Protective Services, and East
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Valley School District. Id. at 28. Plaintiffs bring state law claims for violation of
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state civil rights, intentional infliction of emotional distress, assault, battery, false
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imprisonment, abuse of process, invasion of privacy, and negligence. Id. at 33–50.
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Defendants the Department of Social and Health Services (“Department”)
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and Francesca Guzman filed a Motion for Protective Order. ECF No. 22.
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Defendants East Valley School District, Colleen Crowston, Lisa Bartheld, Carolyn
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Sauve, and Melody Ann Luke joined the Motion for Protective Order. ECF No.
ORDER GRANTING DEFENDANTS’ MOTION FOR PROTECTIVE ORDER ~ 2
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24. At the joint discovery conference, the attorney for Defendants Ms. Guzman
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and Department attempted to explain to Plaintiffs the need for a protective order
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before disclosing third-party protected information. ECF No. 23 at ¶ 3. Plaintiffs
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have failed to timely respond.
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DISCUSSION
Under Federal Rule of Civil Procedure 26(b)(1), the scope of discovery is
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broad and includes “any nonprivileged matter that is relevant to any party’s claim
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or defense….” Fed. R. Civ. P. 26(b)(1). Yet, under Federal Rule of Civil
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Procedure 26(c)(1), the court may, for good cause, issue an order limiting
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discovery to protect a party from “annoyance, embarrassment, oppression, or
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undue burden or expense.” Fed. R. Civ. P. 26(c)(1).
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Here, Plaintiffs sent a discovery request for “[c]omplete and unredacted case
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notes of Andrea Lyons and Kevin Teeman.” ECF No. 23 at 5 (Ex. A). Defendants
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do not contest that the request contains discoverable information involving the
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parties’ claims and defenses. ECF No. 22 at 4. Yet, Defendants assert that a large
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portion of the Department’s investigation, records, case notes, and other files
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contain confidential and privileged information of third parties. Id. at 2.
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Defendants state that the Department cannot waive any third parties’ privilege,
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confidentiality, or privacy interests and therefore requests a protective order. Id.
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ORDER GRANTING DEFENDANTS’ MOTION FOR PROTECTIVE ORDER ~ 3
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Defendants cite eight statutes and regulations protecting such information. See id.
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at 4–5.
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The Court finds that Defendants have in good faith attempted to confer with
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Plaintiffs and demonstrated good cause for issuance of a protective order. Such an
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order ensures that the third-party privileged information regarding Mr. Teeman and
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the confidential medical records of C.T. are not disclosed to the public. Plaintiffs
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will also not suffer prejudice with entry of this Order. Accordingly, the Court
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grants Defendants’ Motion for Protective Order. ECF Nos. 22, 24
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ACCORDINGLY, IT IS HEREBY ORDERED:
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Defendants’ Motion for Protective Order (ECF No. 22) and Joinder (ECF
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No. 24) are GRANTED. The Proposed Protective Order, filed as ECF No. 22-1, is
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approved and shall be entered. The parties shall abide by the Protective Order.
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The District Court Executive is directed to enter this Order and furnish
copies to the parties.
DATED November 27, 2017.
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THOMAS O. RICE
Chief United States District Judge
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ORDER GRANTING DEFENDANTS’ MOTION FOR PROTECTIVE ORDER ~ 4
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