Lyons et al v. State of Washington Child Protective Services et al

Filing 26

PROTECTIVE ORDER. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
ANDREA JOY LYONS, Pro Se;
MARK GEERHART, Pro Se,
Plaintiffs,
v.
STATE OF WASHINGTON,
CHILD PROTECTIVE
SERVICES, a Division of THE
DEPARTMENT OF SOCIAL
AND HEALTH SERVICES;
Employee’s FRANCESCA
GUZMAN In Their Individual
and Official Capacity; EAST
VALLEY ELEMENTARY
SCHOOL, DISTRICT NO. 90,
Yakima County; State of
Washington; COLEEN
CROWSTON, In her official and
individual capacity as Principal of
East Valley Elementary School;
LISA BARTHELD (Counselor)
In Their Individual and Official
Capacity; CAROLYN SAUVE
(Admin. Assist.) In Their
Individual and Official Capacity;
and MELODY-ANN LUKE
(R.N) In Their Individual and
Official Capacity,
Defendants.

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PROTECTIVE ORDER - 1

NO. 1:17-CV-3108-TOR
PROTECTIVE ORDER

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THIS MATTER having come on regularly before this Court on

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Defendants’ Motion for a Protective Order in response to Plaintiffs’ first set of

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discovery to the State of Washington Department of Social Health Services (the

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Department), and the Court having considered the statutory provisions

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establishing that the Department’s records, files and information requested are

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confidential and privileged, and also having considered that some of those

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documents and information are likely to lead to the discovery of admissible

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evidence in this case, the Court hereby finds that defendant State of Washington

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is authorized to produce for inspection and copying by counsel for all parties in

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this case, without redactions, Department case note records of Andrea Lyons and

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Kevin Teeman regarding alleged abuse or neglect of C.T. by Kevin Teeman, as

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requested in Plaintiffs’ Request for Production No. 1 to defendant State of

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Washington, including any mental health, drug or alcohol records, subject to the

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terms of this protective order. In addition, the Department is authorized to

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release medical records of C.T. that it has in its possession from Yakima

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Regional Hospital. This protective order shall apply to all documents and

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information contained in the above-described files maintained by the

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Department and to depositions hereinafter taken in which said documents are

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identified, discussed, or otherwise used.

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IT IS HEREBY ORDERED that all documents and information contained

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in the aforementioned Department case files and records of Andrea Lyons and

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Kevin Teeman, including references to or identification of any other individuals

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PROTECTIVE ORDER - 2

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identified in those investigative files and records, shall not be disclosed to any

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person, except to the parties and their attorney(s), experts retained by the parties’

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attorney(s), their staff, persons otherwise entitled to obtain the information

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pursuant to statutory exemptions from confidentiality, and other individuals as

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herein provided.

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IT IS FURTHER ORDERED that prior to introducing as evidence or

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otherwise disclosing to a jury the existence of any of the aforementioned

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information or documents a hearing shall be held outside the presence of the jury

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wherein the Court will determine the admissibility of the aforementioned

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information or records.

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IT IS FURTHER ORDERED that counsel for the parties shall use all

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documents and information produced or disclosed pursuant to this Order solely

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for the purpose of preparation for and trial of this action.

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circumstances shall information or materials covered by this Order be disclosed

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to anyone other than as provided in this Order. At the conclusion of the

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proceedings in this action, including any appeal, all documents and information

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subject to this order, including any copies or summaries thereof, or documents

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containing information taken therefrom, shall be returned to counsel for the party

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producing such documents and/or destroyed by the party having such

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documents. A copy of this Order shall accompany any copy of the records or

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information protected by this Order that is released to anyone. No attorney,

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party, or expert shall disclose any information gained or derived from the

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PROTECTIVE ORDER - 3

Under no

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aforementioned records to anyone without further order of the Court unless the

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person to whom the information is disclosed is otherwise entitled to obtain said

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information pursuant to statutory exemptions from confidentiality.

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IT IS FURTHER ORDERED that the parties shall be allowed to use the

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aforementioned documents or information in depositions of Plaintiffs,

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defendants, medical doctors, psychologists, nurses, counselors, and other

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persons named and/or identified in any of the aforementioned documents or in

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consulting with any expert witnesses in this case, subject to the conditions set

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forth in this Protective Order.

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IT IS FURTHER ORDERED that this Order shall remain in full force and

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effect until such time as this Court modifies its terms or releases the parties from

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its provisions.

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IT IS SO ORDERED.

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The District Court Clerk is directed to enter this Order and provide copies

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to all parties.
DATED November, 2017.

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THOMAS O. RICE
Chief United States District Judge

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PROTECTIVE ORDER - 4