White et al v Spokane County et al

Filing 26

STIPULATED PROTECTIVE ORDER RE PLAINTIFFS' MEDICAL RECORDS. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

1 William A. Gilbert, WSBA #30592
2
3
4
5
6

GILBERT LAW FIRM, P.S.
421 W. Riverside Ave, Suite 353
Spokane, WA 99201
T: 509·321·0750
F: 509·343·3315
E: [e-mail]
Attorney for Plaintiff

7

HONORABLE JUDGE THOMAS O. RICE

8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

9
10

BARRY L. WHITE and, LORRAINE
11 M. WHITE, husband and wife,
12

Plaintiffs,

13
14 v.

NO. 2:16-CV-0096-TOR

STIPULATED PROTECTIVE
ORDER REGARDING
PLAINTIFFS’ MEDICAL
RECORDS

15 SPOKANE COUNTY; and
16 MARK HOLTHAUS; and

BRAD GILBERT; and

17 TODD MILLER, Individually and in
18 their capacity as employees of Spokane

County.

19
20

Defendants.

21
22
23

I. STIPULATION
Pursuant to FRCP 26(c), the parties through their respective counsel agree

24

and stipulate that good cause exists to protect BARRY L. WHITE, and
25
26 LORRAINE M. WHITE (“Plaintiffs”), and SPOKANE COUNTY; AND,
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 1 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

1 SPOKANE COUNTY SHERIFF’S DEPUTIES MARK HOLTHAUS, BRAD
2

GILBERT and TODD MILLER (“defendants”), and non-parties from

3
4

annoyance, undue burden and expense from the public disclosure of Plaintiffs’

5 medical information.
6

1.

This Stipulated Protective Order (“Protective Order”) shall govern

7
8

the treatment and handling of all medical records, documents or other products

9 of discovery produced by Plaintiff and Defendants or information derived
10

therefrom, and all copies, excerpts or summaries thereof including (without

11
12 limitation), answers to requests for admissions, answers to interrogatories,
13 documents produced pursuant to a demand for documents, documents
14

subpoenaed in connection with depositions, and deposition transcripts, that a

15
16 party designates as “confidential” by marking clearly on the document:
17 “CONFIDENTIAL SUBJECT TO PROTECTION ORDER”
18

2.

All medical records, and related documents, and images obtained by

19
20 way of release, or disclosed by plaintiff and defendants are presumed by this
21 order to be confidential and governed hereby.
22

3.

Testimony taken in deposition in this case similarly may be

23
24 designated as confidential and made subject to the terms of this order at the time
25 of the deposition by designation made by counsel on the record.
26
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 2 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

1
2

4.

Any party may move the court to determine the propriety of

confidentiality. Information, documents or data subject to the challenge shall

3
4
5
6

remain confidential until such time as the matter is determined by the court.
5.

Documents, photographs, videotapes, materials, or information

designated confidential pursuant to this order shall not be disclosed or

7
8

disseminated outside of the offices of plaintiffs’ and defendants’ counsel, with

9 the following exceptions.
10

a.

Use of such confidential documents, or information for trial

11
12

preparation by paralegal or secretarial staff of plaintiffs’ and defendants’

13

attorneys is allowed by this Protective Order, subject to all conditions of

14

this Protective Order which governs the parties’ use of such confidential

15
16
17
18

information;
b.

Plaintiffs’ medical records designated by the parties as

confidential may be provided to expert witnesses, or consultants by

19
20

plaintiffs’ or defendants’ attorneys provided such expert witnesses or

21

consultants, before being allowed to see any confidential documents,

22

materials, or information, acknowledge receipt of a copy of this Protective

23
24

Order and agree to be bound by the terms of this Protective Order. The

25
26
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 3 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

1
2

prohibition of this paragraph shall apply in all circumstances, including,
but not limited to, depositions in this case.

3
4

6.

All persons having access to Plaintiffs’ medical records made

5 available pursuant to this agreement shall agree not to make any use of said
6

records except in connection with the above-captioned litigation and shall further

7
8

agree not to deliver or transfer said medical records to any person not previously

9 authorized by the terms herein.
10

7.

Counsel disclosing medical records to any person or entity shall be

11
12 responsible for limiting distribution of the records to those persons who both (1)
13 have a need to know the information, and (2) are authorized to receive the
14

information under this Protective Order. Counsel shall be prepared to account

15
16 for the disposition and use of the information by those persons.
17
18

8.

All copies of medical records disclosed under this agreement shall

be subject to the same restrictions as imposed on the original information.

19
20

9.

All medical records designated as confidential and disclosed to any

21 person pursuant to this Protective Order shall remain in the possession only of
22

the attorneys, or the experts or consultants to whom they are disclosed as

23
24 provided by this order.
25
26
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 4 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

1
2

10.

This Order shall continue indefinitely until or unless superseded by

modification of the parties. Upon completion of this litigation, all medical

3
4
5
6

records governed by this Order shall be returned to the attorneys or destroyed.
11.

Medical records subject to this order may be disclosed in regular

proceedings of this court, although non-relevant information may be redacted

7
8
9
10

and/or as agreed to by the parties or Ordered by the Court.
12.

No modification or amendment of this Protective Order is permitted

except by a writing signed by counsel for the parties and approved by the court.

11
12 The parties hereto agree that it is unreasonable to rely on any oral modification
13 or amendment of this agreement.
14

13.

The failure to insist upon full compliance with any of the terms of

15
16 the Protective Order in any instance shall not be deemed to be a waiver of the
17 right to insist upon full compliance with those terms thereafter.
18

14.

A conformed copy of this order shall be provided to the parties, who

19
20 shall sign and date it, acknowledging that they have read and understand it. The
21 signed copies shall be provided to the respective attorneys.
22

15.

The parties agree that any violation of the terms of this Protective

23
24 Order shall subject the violator to monetary sanctions in an amount to be
25 determined by the court.
26
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 5 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

DATED THIS 24th day of April, 2017.

1
2

GILBERT LAW FIRM, P.S.

3

By:

4
5
6
7
8

s/ William A. Gilbert
WILLIAM A. GILBERT, # 30592
421 W. Riverside Ave, Suite 353
Spokane, WA 99201
T: (509) 321·0750
F: (509) 343·3315
E: [e-mail]
Attorneys for Plaintiffs

9

EVANS, CRAVEN & LACKIE, P.S.

10
11

By:

12
13
14
15
16

s/ Heather C. Yakely
HEATHER C. YAKELY, #28848
818 W. Riverside Ave., Ste. 250
Spokane, WA 99201
T: [phone]
F: [phone]
E: [e-mail]
Attorney for Defendants

17
18 //
19 //
20

//

21
22 //
23 //
24

//
25
26 //
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 6 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]

1
2

II. ORDER
Pursuant to FRCP 26(c) and the foregoing Stipulation of counsel,

3
4

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a

5 Protective Order be entered as set forth in the foregoing Stipulation.
6

DATED this 5TH day of May, 2017.

7
8
9
10

THOMAS O. RICE
Chief United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
STIPULATED PROTECTIVE ORDER REGARDING
MEDICAL RECORDS - Page 7 of 7

Gilbert Law Firm, P.S.
421 W. Riverside Ave., Suite 353
Spokane, WA 99201
T: [phone] / F: [phone]