Crull v. State of Washington Department of Social & Health Services et al

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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LORI LEE CRULL,

NO. 13-00426-RMP

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Plaintiff,

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v.

STIPULATED PROTECTIVE
ORDER

STATE OF WASHINGTON,
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES; KYLE BUNGE
and STEVE M. LOWE, in their official
and individual capacities,
Defendants

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I.

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STIPULATION

The parties to this action, through the undersigned counsel, stipulate to an
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order of protection from the court as follows:
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1.

Both parties have access to information and documents relating to

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child care. Plaintiff from operating a former daycare business, known as Little
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Lambs Learning Center and/or known by any other name, and Defendants and
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other Department of Social and Health employees in the course of performing
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their official duties. Pertinent files that both parties may have access to will
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contain information of a confidential and privileged nature relating to minors and
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third parties. This information may include but is not limited to: identification
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STIPULATED PROTECTIVE
ORDER

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information, incidents or reports of child abuse or neglect, financial information,

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records normally maintained by a daycare facility identifying information of a

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personal or confidential nature, family information, and other information not

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subject to public disclosure. These records need to be exchanged for the purposes

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of discovery in this matter.

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2.

The parties agree and the court orders that any and all documents

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exchanged in discovery shall be treated as confidential and will not be made

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accessible to anyone other than the parties, their counsel, and experts retained in

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this litigation to review the documents.

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3.

The parties agree that upon signing this stipulation, they will honor

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the terms of the stipulation even before the court has an opportunity to sign and

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enter the order.

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4.

Since both parties would have access to the records relating to the

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minors or other third parties who were in the care of the day care while it was

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operated by plaintiff, the parties agree and the court orders that discovery can be

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exchanged between the parties without redacting the identification or personal

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information on third parties. This will facilitate discovery given the large volume

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of records at issue.

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5.

The parties agree and the court orders that if records exchanged in

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discovery are to be disclosed to experts for the purposes of the litigation, then the

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party retaining the expert will ensure that a confidentiality agreement is signed to

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protect the interests of third parties or the information on the third parties is
STIPULATED PROTECTIVE
ORDER

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redacted, and the expert shall be made aware of and bound by the terms of this

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order of protection.

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6.

The parties agree and the court orders that counsel will have access

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to reports of or information on reports of child abuse that related to the children in

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the care of Plaintiff’s child care center. Plaintiff’s counsel agrees that the names

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and identifying information of any reporter of child abuse, witness to child abuse,

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victim of child abuse or person of interest in a child abuse report, will not be

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disclosed to their client or anyone outside of legal counsel’s necessary personnel.

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It is not anticipated that the identity of these persons is relevant to the pending

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litigation, but if either party contends one of the reporters or witnesses of child

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abuse becomes relevant in the pending litigation, the parties will attempt to reach

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an agreement on any discovery relating to this issue or seek a further order from

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the court as necessary.

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7.

The parties agree and the court orders that any documents, records,

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or electronic data or information disclosed in discovery in this matter will not be

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filed with the court, except under seal, without the prior written permission and/or

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consent of the other party.

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8.

The parties agree and the court orders that any information and/or

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documents produced in discovery shall not be further disseminated outside of the

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parties, counsel and experts. The records will not be shown to lay witnesses or

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any other individuals without written consent of the other party or further order

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from the court.
STIPULATED PROTECTIVE
ORDER

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9.

The parties agree and the court orders that information and

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documents, if used during depositions, must be redacted to prevent disclosure of

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confidential/privileged information, and depositions shall be sealed as necessary

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to prevent the disclosure of any identifying or personal information relating to

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third parties.

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10.

The parties agree and the court orders that the information and

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documents provided in discovery, if filed with the Court, shall be filed under seal.

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To the extent admission of these records into evidence at trial becomes necessary,

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the parties will address the method of introduction to protect any and all

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confidential and/or personal information with the court prior to trial.
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The parties agree and the court orders that the discovery documents

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and any reproductions not necessary for preservation of litigation files will be

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returned to the Office of the Attorney General at the conclusion of this litigation

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for destruction or destroyed by the party in possession of the documents. Any

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documents preserved to protect the integrity of litigation files will not be further

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disseminated or used for any purpose other than one directly related to this

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litigation.

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12.

The parties agree and the court orders that the records disclosed in

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discovery will not be used for any purposes other than as necessary in the course

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of this litigation and consistent with the terms of this order of protection.

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13.

The parties agree and the court orders that nothing in this order shall

prevent Defendants from making required disclosures of public records that may
STIPULATED PROTECTIVE
ORDER

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be required by law.
The Court finds that the information and/or documents described above may

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be made confidential or conditionally privileged, but at the same time, the

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information and/or documents are relevant to discovery in this matter. To

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facilitate discovery and based upon the stipulated agreement of the parties, the

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Court hereby orders the records shall be subject to this order of protection as set

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out above.

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The District Court Clerk is directed to enter this Order and provide copies to
counsel.
DATED this 27th day of March, 2014.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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STIPULATED PROTECTIVE
ORDER