Ford v. Pend Oreille County et al

Filing 7

STIPULATED PROTECTIVE ORDER signed by Judge Salvador Mendoza, Jr. (CC, Case Administrator)

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HONORABLE SALVADOR MENDOZA, JR.

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES DISTRICT COURT Aug 22, 2016
EASTERN DISTRICT OF WASHINGTON SEAN F. M AVOY, CLERK

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C

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CHRISTINE FORD, a single person,
CASE NO.: 2:16-CV-0244-SMJ

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Plaintiff,
STIPULATED PROTECTIVE
ORDER

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vs.
COUNTY OF PEND OREILLE,
PEND OREILLE COUNTY
SHERIFFS DEPARTMENT,
SHERIFF ALAN BOTZHEIM,
DEPUTY KEVIN OLSEN, DEPUTY
BILL ZAMORA, DEPUTY TRAVIS
STIGALL,
Defendants.

ORDER

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IT IS HEREBY ORDERED that the following procedures shall apply to
the personnel, training records, hiring files, employment files, Field Training

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Officer (FTO) files, administrative files and any other files pertaining to deputies
of the Pend Oreille County Sheriff’s Department, and any written documents or

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documents rendered in other media that contain any personal information
regarding any third party in the above-referenced matter or not a party hereto but
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pursuant to a request for release by Plaintiff’s counsel. Pend Oreille County has

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designated these records as “Confidential,” subject to the following provisions:
1.

The

personnel

records,

employment

records,

hiring

files,

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administrative files, training records, and/or internal affairs reports

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and/or

investigations,

financial

and

tax

records,

of

all

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deputies/employees

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of

the

Pend

Oreille

County

Sheriff’s

Department (herein “Records”), shall be produced and used solely

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for the purposes of this litigation and shall not be disclosed, except

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pursuant to court order, to anyone except:

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a.

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The parties, their attorneys and the attorney’s employees;

b.

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Consultants and experts retained by any party for the

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purposes of assisting in the preparation or presentation of

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claims or defenses;

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c.

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Any other person with prior written consent of the party
producing the documents.

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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

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it or otherwise signify in writing prior to being shown
“Confidential” documents that the person has read the Order and
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consents to be bound by its terms. Attached hereto as Exhibit A is a

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sample copy of a consent form.

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3.

All documents bearing the social security number, dates of birth,

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bank account identifications, financial information, and/or driver’s

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license of any individual, whether a Sheriff Deputy or a third party,

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shall be redacted prior to providing a copy of the same to Plaintiff’s

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counsel.

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4.

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All documents bearing the addresses and phone numbers of Sheriff
Deputies or other law enforcement personnel and those individual’s

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friends and families shall be redacted prior to providing a copy of

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the same to Plaintiff’s counsel.

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5.

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The addresses and phone numbers of non-party individuals
mentioned, referenced, or noted in any way in the above-referenced

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documents (Paragraph 1) shall also be redacted.

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6.

Prior to filing or submitting into evidence in this action any

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“Confidential” material (including the filing of any pleadings which
incorporate or disclose “Confidential” material) by counsel for

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either party in this action, said counsel shall seal said “Confidential”
material and is to be retained under seal unless ordered opened by
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the Court.

Such sealing and filing shall be accomplished in

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accordance with the appropriate court rules for filing material under

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seal, and the material shall remain under seal with the Court, unless

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the Court otherwise orders. Such “Confidential” material shall not

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become a part of the public record in this action, nor shall it

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otherwise be made available to the public. Only persons authorized

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under the provisions of this Protective Order, the Court (including

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any court to which this action may be appealed or transferred), and

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persons employed by or assisting the Court in this action shall be

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given access to any such “Confidential” material or to any

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testimony or oral statements disclosing the substance thereof.

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7.

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Upon completion of this litigation, all copies of the Records or
documents or testimony with references thereto shall, at Pend

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Oreille County’s option, be destroyed or returned to Pend Oreille

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County’s counsel. This is to include all copies reproduced by any

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party, agent, employee or expert of Plaintiffs and Co-Defendants.

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8.

No documents or information from the Records shall be used for

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any purpose unrelated to the conduct of this litigation.

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9.

Nothing contained herein shall be construed to prejudice or limit

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any party’s right to use the Records in taking of depositions or at

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trial to the extent permitted, if at all, under the Rules of Evidence

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and Civil Procedure.

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10.

Nothing in this Order shall prevent any party hereto from seeking

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modification of this Order or from objecting to discovery which it

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believes to be otherwise improper.

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11.

Violation of the terms of this Order, by any of the signatories to this
agreement, their employees, agents or experts may subject the

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violator to terms (monetary and/or injunctive) as well as attorney’s
fees and costs incurred in enforcing this Order and as the Court

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deems appropriate.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED this 22 day of August, 2016.

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____________________________________
The Hon. Salvador Mendoza, Jr.
United States District Judge

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EXHIBIT A
CONFIDENTIALITY ACKNOWLEDGEMENT
1. I have read and understand the attached Stipulated Protective Order that
has been entered in Christine Ford v. Pend Oreille County, et al.; 2:16-CV0244-SMJ 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;

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3. I understand that I will not disclose or discuss Confidential information

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with any persons other than counsel for any party and paralegal and

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clerical personnel assisting such counsel and other persons who have

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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

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other purpose and that any use of this Confidential information, or any

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information obtained there from, in any manner contrary to the provisions

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of the Protective Order will subject me to possible sanctions by the Court.

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Dated this ____ day of _____________2016.

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______________________________

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Name:

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