Campbell v. Our Lady of Lourdes Hospital

Filing 30

PROTECTIVE ORDER granting 29 Motion for Protective Order. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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ALAN CAMPBELL, individually and
as Mitchell Campbell’s grandfather,
and his capacity as the Personal
Representative for the Estate of
Mitchell Campbell; DIANE
CAMPBELL, individually and as
Mitchell Campbell’s grandmother; and
MC, the biological minor daughter of
Mitchell Campbell, by and through a
GAL to be named,

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Plaintiffs,
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v.
OUR LADY OF LOURDES
HOSPITAL AT PASCO, d/b/a Lourdes
Medical Center; KEVIN S. OWENS,
M.D., in his professional and
individual capacity and his spouse,
Jane Doe Owens; CITY OF PASCO;
CITY OF PASCO POLICE
DEPARTMENT; CITY OF PASCO
CHIEF OF POLICE ROBERT
METZGER, in his official capacity as
well as his individual capacity, and his
spouse Jane Doe Metzger, individually;
CITY OF PASCO POLICE OFFICER
ROBERT HARRIS, in his official
capacity as well as his individual
capacity, and his spouse Jane Doe
PROTECTIVE ORDER ~ 1

NO: 4:16-CV-5048-RMP

PROTECTIVE ORDER

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Harris, individually; CITY OF PASCO
OFFICER MATT GRIFFIN, in his
official capacity as well as his
individual capacity, and his spouse
Jane Doe Griffin; FRANKLIN
COUNTY; FRANKLIN COUNTY
SHERIFF RICHARD LATHIM, in his
official capacity as well as his
individual capacity, and his spouse
Jane Doe Lathim; CAPTAIN RICK
LONG, in his official capacity as well
as his individual capacity, and his
spouse Jane Doe Long; FRANKLIN
COUNTY CORRECTIONS OFFICER
JESSICA BROOKS, in her official
capacity as well as her individual
capacity, and her spouse John Doe
Brooks; FRANKLIN COUNTY
CORRECTIONS OFFICER YVETTE
WILSON, in her official capacity as
well as her individual capacity, and her
spouse John Doe Wilson; and DOES 112,
Defendants.

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On September 15, 2016, the parties, by and through their attorneys, agreed

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and stipulated pursuant to FRCP 29, to a protective order regarding certain

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“Protected Documents.” Accordingly, IT IS HEREBY ORDERED that the

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parties’ Stipulated Motion for Protective Order, ECF No. 29, is GRANTED.

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The following provisions constitute the Protective Order regarding release of
protected documents in this matter:

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PROTECTIVE ORDER ~ 2

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1.

The parties shall not disclose or share any part of the “Protected

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Documents” described below or any information gleaned from said documents with

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any person except as expressly provided herein.

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2.

The Protected Documents covered by this Stipulation and the

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subsequent Order of the court are described as follows: All files, personnel or

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otherwise, maintained by the City of Pasco Police Department for officers Robert

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Harris and Matt Griffin.

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3.

Prior to any disclosure of Protected Documents as described in this

Order the parties shall obtain from each proposed recipient of the Protected

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Documents their signature on a copy of the Protective Order that states that the

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recipient has received a copy of the Protective Order regarding the Protected

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Documents and agrees to be bound by such order. By signing a copy of the

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Protective Order the recipient agrees that he or she has read the Order, represents

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that he or she is a person permitted to have access to information from the Protected

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Documents and agrees that he or she will make no further disclosure of the

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information received, will personally protect the confidentiality of all copies and will

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either return them to the producing parties’ attorneys at the conclusion of this case,

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or will at that time personally destroy them and upon request from the producing

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parties provide a sworn affidavit that he or she has done so.

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PROTECTIVE ORDER ~ 3

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4.

Subject to the terms of this Order, the parties may allow inspection of

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Protected Documents or discuss the contents of Protected Documents or information

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therefrom with only the following categories of persons and no other:

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a.

investigators retained to assist in evaluation, preparation or testimony in this case;

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b.

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Any court personnel, court reporter, mediator, judge and or jury

c.

Any person identified as having authored or previously received

in this case;

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Duly licensed and professional experts, consultants or

the material.
5.

If it becomes necessary for any party to submit a Protected Document

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to the court, that party shall inform the producing party with sufficient time prior to

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the filing of the Protected Document such that a motion to seal the Protected

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Document can be noted prior to filing. A motion to seal will not be granted unless

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the motion and supporting documents establish compelling reasons to seal.

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6.

The parties shall use the Protected Documents or information obtained

from them only for the purpose of prosecuting this litigation.
7.

At the time of exchange of exhibit lists, the parties shall list in the

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exhibit list for their case in chief any Protected Document they intend to use at the

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time of trial by designating the exhibit as a “PROTECTED DOCUMENT” in capital

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letters. Any other party may request an in camera review of the exhibit and make

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PROTECTIVE ORDER ~ 4

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the appropriate motion for the handling of the document at trial in accordance with

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the Jury Trial Scheduling Order.

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8.

Nothing in this Protective Order shall limit any producing party’s use of

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its own documents or prevent any producing party from disclosing its confidential

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information to any person.

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9.

The Court retains jurisdiction to make any amendments, modifications

or additions to the Protective Order as it deems appropriate.
10.

The parties, by stipulation, may add additional documents to be covered

by this Order.
This District Court Clerk in directed to enter this Order and provide copies to
counsel.
DATED this 15th day of September 2016.

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

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PROTECTIVE ORDER ~ 5