Reddick v. United States Department of Energy

Filing 35

PROTECTIVE ORDER signed by Judge Rosanna Malouf Peterson. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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JULIE REDDICK,
NO: 4:15-CV-5114-RMP
Plaintiff,

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v.

PROTECTIVE ORDER

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UNITED STATES DEPARTMENT
OF ENERGY,

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Defendant.

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Pursuant to the Court’s Orders at ECF Nos. 26 and 32, Defendant United

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States Department of Energy (“DOE”) shall provide Plaintiff Julie Reddick an

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unredacted copy of the report prepared by DOE contractor Mark Van der Puy (“Van

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der Puy Report”) as identified in the Court’s Order at ECF No. 26, pursuant to the

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terms and conditions identified in this Protective Order.

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1.

This Protective Order (“Protective Order”) shall govern the treatment

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and handling of the Van der Puy Report, which is an investigative record requested

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by Plaintiff Julie Reddick that DOE has withheld, claiming the protections of

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Exemption 5 of the Freedom of Information Act (“FOIA”). This document shall be
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designated “CONFIDENTIAL” and each page shall be marked with the term

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“CONFIDENTIAL.”

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2.

Documents, materials, in whole or in part, or information designated

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confidential pursuant to this Protective Order, and provided to Plaintiff Julie

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Reddick, shall not be disclosed or disseminated except as needed to prepare

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witnesses in the above-captioned litigation in any form, including but not limited to

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electronic, printed form, paper notes or summaries or oral representations. All

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persons having access to confidential information made available pursuant to this

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Protective Order shall agree not to make any use of the confidential information

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except in connection with the above-captioned litigation and shall further agree not

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to deliver or transfer said confidential information in whole or in part via electronic

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transmission, printed form, paper notes or summaries, or oral representations to any

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person not previously authorized by the terms herein.

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3.

All copies of confidential information disclosed under this Protective

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Order shall be subject to the same restrictions as imposed on the original

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information.

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4.

All documents, materials, and information designated as confidential

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and disclosed to any person pursuant to this Protective Order shall remain in the

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possession only of the person to whom they are disclosed as provided by the

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Protective Order. The parties may not retain any documents, materials, or

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information designated as confidential pursuant to this Protective Order after the
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conclusion of this litigation or the trial of this case, whichever comes first, except

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pursuant to a Court Order.

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5.

Except as otherwise provided by law, upon completion of this

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litigation, all documents and materials designated confidential and all copies

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thereof, shall be returned to the producing party or certified by the parties as

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shredded.

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6.

Documents, materials, and information designated as confidential

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pursuant to this Protective Order may be disclosed in regular proceedings of this

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Court. However, exhibits marked “CONFIDENTIAL” shall be: a) designated as

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an exhibit containing confidential material subject to the Court’s Protective Order;

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and b) filed as a proposed sealed document, accompanying a motion to seal the

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document, subject to the compelling interests test, see Kamakana v. City & County

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of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). As Plaintiff is proceeding pro

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se, due to restrictions in the ECF administrative procedures, she must file a motion

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to seal and the proposed sealed document by mail directed to: U.S. District Court,

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P.O. Box 1493, Spokane, WA 99210-1493.

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7.

The confidential documents, materials, or information set forth in this

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case may nonetheless be used at trial without limitation unless a party is granted a

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motion for specific redactions by the Court.

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8.

No further modification or amendment of this Protective Order is

permitted except as approved by the Court. The parties hereto agree that it is
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unreasonable to rely on any oral modification or amendment of this Protective

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Order.

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IT IS SO ORDERED. The District Court Clerk is directed to enter this
Order and provide copies to counsel and to pro se Plaintiff.
DATED February 15, 2017.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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PROTECTIVE ORDER ~ 4