Pool v. White

Filing 21

ORDER GRANTING MOTION FOR PROTECTIVE ORDER. Granting 10 Defendant's Motion for Protective Order. Signed by Senior Judge Justin L. Quackenbush. (SK, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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EDWARD L. POOL,

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Plaintiff,

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vs.

NO. 2:16-CV-00218-JLQ
ORDER GRANTING MOTION FOR
PROTECTIVE ORDER

HAROLD L. WHITE,

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Defendant.

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BEFORE THE COURT is Defendant's Motion for Protective Order (ECF No. 10).
Defendant has also filed a Declaration in Support (ECF No. 11) and a Stipulation of the
Parties (ECF No. 12). Plaintiff has filed a Response (ECF No. 15). The court also
directed the documents at issue be submitted in camera. Defendant filed a Reply and
submitted the documents in camera on March 13, 2017. The court reviewed the in
camera submission and issued an Order on March 16, 2017 (ECF No. 19).
I. Discussion
The background facts as alleged in the Complaint and the nature of this dispute
have been set forth in prior Orders. (See ECF No. 14 and No. 19). In the last Order, the
court noted the filing did not reflect whether Ms. Pritchard objects, consents, or has been
consulted concerning the release of these medical records. The court directed she be
provided a copy of the Order and the 5-pages of in camera documents and given the
opportunity to object or consent to their production. On March 20, 2017, counsel for the
Defendant1 filed the Declaration of Robin Pritchard consenting to the release of the 51

The Declaration acknowledges Ms. Pritchard is not a party to
this lawsuit and is not being represented by the Office of the
Attorney General.
ORDER - 1

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pages of medical records subject to the terms of a protective order. (ECF No. 20). The

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parties had previously agreed to suggested terms for a protective order (Stipulation at

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ECF No. 12), and Ms. Pritchard references she has reviewed those terms and also agrees.

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IT IS HEREBY ORDERED:

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1. Defendant's Motion for Protective Order (ECF No. 10) is GRANTED.

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2. Defendant shall forthwith produce to Plaintiff the five pages of documents

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previously submitted to the court for in camera review (hereafter the "Documents"). The

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production is subject to the following terms as agreed by the parties, and as modified by

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the court:

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A) Counsel shall only disclose or disseminate the Documents for purposes

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reasonably necessary for the prosecution of the underlying litigation and appeals, if any;

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B) Any individual who receives the Documents must agree in writing to not

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further disclose or disseminate the records or information received;
C) If a party wants to file the Documents, or any portion thereof, the Documents
may be filed under seal without obtaining further order of the court; and
D) At the conclusion of the proceedings in this action, including any appeal, the

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parties must destroy and purge any copies of the Documents, except as necessary to

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maintain the integrity of litigation files.

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IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and
furnish copies to counsel.
DATED this 20th day of March, 2017.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2