White et al v Spokane County et al

Filing 22

STIPULATED PROTECTIVE ORDER. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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1 HONORABLE JUDGE THOMAS O. RICE 2 3 4 5 6 Heather C. Yakely, #28848 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF WASHINGTON 11 12 13 14 BARRY L. WHITE and LORRAINE M. WHITE, husband and wife, 15 Plaintiffs, Case No. CV-16-00096-TOR STIPULATED PROTECTIVE ORDER 16 17 18 19 20 21 vs. SPOKANE COUNTY, and MARK HOLTAUS; and BRAD GILBERT; and TODD MILLER; Individually and in their capacity as employees of Spokane County. 22 23 Defendants. 24 25 ORDER 26 27 28 IT IS HEREBY ORDERED that the following procedures shall apply to the personnel, internal affairs, training records, hiring files, employment files, FTO 29 30 files, administrative files and any other files pertaining to deputies of Spokane STIPULATED PROTECTIVE ORDER page 1 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 1 County Sheriff’s Department, and any documents, written or other that contain 2 3 4 any personal information regarding any third party in the above-referenced matter or not a party hereto but pursuant to a request for release by Plaintiff’s counsel. 5 6 7 Spokane County has designated these records as confidential subject to the following provisions: 8 9 1. 10 The personnel records, employment records, hiring files, administrative files, training records, and/or internal affairs reports 11 and/or investigations, financial and tax records, of all deputies of the 12 13 Spokane County Sheriff’s Department (herein “Records”), and shall 14 be produced and used solely for the purposes of this litigation and 15 16 shall not be disclosed, except pursuant to court order, to anyone 17 except: 18 19 a. The party(ies), their attorneys and the attorney’s employees; b. Consultants and experts retained by any party for the purposes 20 21 22 of assisting in the preparation or presentation of claims or 23 defenses; 24 25 c. Any other person with prior written consent of the party 26 producing the documents. 27 28 29 30 2. All of the foregoing persons, other than the parties’ attorneys and their employees, shall be shown a copy of this order and shall sign it STIPULATED PROTECTIVE ORDER page 2 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 1 or otherwise signify in writing prior to being shown confidential 2 documents that the person has read the order and consents to be 3 4 bound by its terms. Attached hereto as Exhibit A is a sample copy of 5 a consent form. 6 7 3. All documents bearing the social security, dates of birth, bank 8 account identifications, financial information, and driver’s license of 9 10 any individual, whether a sheriff deputy or a third party, shall be 11 redacted prior to providing a copy of the same to Plaintiff’s counsel. 12 13 4. All documents bearing the addresses and phone numbers of Sheriff 14 Deputies or other law enforcement personnel and those individual’s 15 16 friends and families shall be redacted prior to providing a copy of the 17 same to Plaintiff’s counsel. 18 19 5. The addresses and phone numbers of non-party individuals 20 mentioned, referenced, or noted in any way in the above-referenced 21 22 documents (Paragraph 1) shall also be redacted. 23 24 25 6. Prior to the filing or submission into evidence in this action of any “Confidential” material (including the filing of any pleadings which 26 27 28 29 30 incorporate or disclose “Confidential” material) by counsel for either party in this action, said counsel shall seal said and is to be retained under seal unless ordered by the Court to be opened. Such sealing STIPULATED PROTECTIVE ORDER page 3 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 1 and filing shall be accomplished in accordance with the appropriate 2 court rules for filing material under seal, and the material shall remain 3 4 under seal with the Court order otherwise. Such “Confidential” 5 material shall not become a part of the public record in this action, 6 7 nor shall it otherwise be made available to the public. Only persons 8 authorized under the provisions of this Protective Order, the Court 9 10 (including any court to which this action may be appealed or 11 transferred), and persons employed by or assisting the Court in this 12 13 action shall be give access to any such “Confidential” material or to 14 any testimony or oral statements disclosing the substance thereof. 15 16 7. Upon completion of this litigation, all copies of the Records or 17 documents or testimony with references thereto shall, at Spokane 18 19 County’s option, be destroyed or returned to Spokane County’s 20 counsel. This is to include all copies reproduced by any party, agent, 21 22 employee or expert of Plaintiffs and Co-Defendants. 23 24 8. 25 No documents or information from the Records shall be used for any purpose unrelated to the conduct of this litigation. 26 27 28 29 9. Nothing contained herein shall be construed to prejudice or limit any party’s right to use the Records in taking of depositions or at trial to 30 STIPULATED PROTECTIVE ORDER page 4 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 1 the extent permitted, if at all, under the Rules of Evidence and Civil 2 Procedure. 3 4 10. Nothing in this order shall prevent any party hereto from seeking 5 modification of this order or from objecting to discovery which it 6 7 believes to be otherwise improper. 8 9 10 11. Violation of the terms of this Order, by any of the signators to this agreement, their employees, agents or experts may be subject the 11 12 13 violator to terms (monetary and/or injunctive) as well as attorney’s fees and costs incurred in enforcing this Order and as the Court deems 14 15 16 appropriate. DONE IN OPEN COURT this 5th day of April, 2017. 17 18 19 ____________________________________ HONORABLE JUDGE RICE 20 21 22 23 24 EVANS, CRAVEN & LACKIE, P.S. BY:_s/Heather C. Yakely __________ HEATHER C. YAKELY, #28848 Attorney for Defendants 25 26 LAW OFFICE WILLIAM A. GILBERT 27 28 29 BY: s/William A. Gilbert_____________ WILLIAM A. GILBERT, #30592 Attorney for Plaintiffs 30 STIPULATED PROTECTIVE ORDER page 5 Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201-0910 (509) 455-5200; fax (509) 455-3632 Exhibit A Confidentiality Acknowledgement 1. I have read and understand the attached Stipulated Protective Order that has been entered in Barry L. White and Lorraine M. White v. Spokane County, et al. CV-16-00096-TOR before the District Court of the Eastern District of Washington; 2. I understand that I may be given access to Confidential information, and in consideration of that access, I agree that I shall be bound by all the terms of the Stipulated Protective Order; 3. I understand that I will not disclose or discuss Confidential information with any persons other than counsel for any party and paralegal and clerical personnel assisting such counsel and other persons who have signed this Confidentiality Agreement; 4. I understand that all Confidential information shall be used solely for the purposes of this action and shall not, directly or indirectly, be used for any other purpose and that any use of this Confidential information, or any information obtained there from, in any manner contrary to the provisions of the Protective Order will subject me to possible sanctions by the Court. Dated this ____ day of _____________2017. ______________________________ Name:

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