Kueck et al v. Stevens County Washington et al

Filing 19

ORDER DENYING MOTION FOR PROTECTIVE ORDER - denying 16 Motion for Protective Order. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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SHAWN KUECK and TAYLOR KUECK,
NO. 2:15-CV-00061-JLQ

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Plaintiffs,

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vs.

ORDER DENYING MOTION FOR
PROTECTIVE ORDER

STEVENS COUNTY, et al.,

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Defendants.

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BEFORE THE COURT is the parties' Motion for Order Adopting Stipulation for

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Protective Order (ECF No. 16) and the Stipulation and Proposed Order (ECF No. 17-1).

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The Proposed Order defines "Protected Documents" as "all records contained in the

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personnel files and disciplinary files for Michael Gilmore and Mathew Enzler...".

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Gilmore is a named Defendant in this matter, but Enzler is not.

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It is this court's general policy not to enter 'blanket' protective orders. The Ninth

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Circuit also generally does not approve of 'blanket' protective orders. See Foltz v. State

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Farm Auto Ins. Co., 331 F.3d 1122 (9th Cir. 2003) (finding it could not sustain the

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district court's blanket protective order because the district court did not require a specific

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showing as to particular documents). Rule 26(c) provides that upon a showing of "good

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cause" the court may enter a protective order. "A party asserting good cause bears the

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burden, for each particular document it seeks to protect, of showing that specific

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prejudice or harm will result if no protective order is granted." Foltz, 331 F.3d at 1130.

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No documents have been provided to the court for a determination of whether good cause

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exists for a protective order.

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IT IS HEREBY ORDERED:
ORDER - 1

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1. The Motion for Protective Order (ECF No. 16) is DENIED.

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2. The parties are free to make agreements concerning the conduct of discovery,

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and apparently have so agreed. The court will not enter a Protective Order without a

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particularized showing as to specific documents, however the denial of court participation

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in the agreement between the parties shall not affect the validity of the agreement as

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between the parties. The parties have stipulated to certain terms and conditions to

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maintain the confidentiality of certain documents. Should the parties have need to file

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any of the documents with the court, they may file the documents under seal along with a

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motion to seal, and at that time the court will determine if it is appropriate to seal the

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documents. The parties shall also comply with Fed.R.Civ.P. 5.2 concerning privacy

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protections for filings made with the court.

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IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and
furnish copies to counsel.
DATED this 11th day of July, 2015.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2