Levine v. City of Seattle et al

Filing 30

STIPULATED PROTECTIVE ORDER re parties' 29 Stipulated MOTION for Protective Order , by Judge Thomas S. Zilly. (SWT)

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HONORABLE THOMAS S. ZILLY 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 SAMUEL LEVINE, Plaintiff, 9 2:16-CV-01284-TSZ v. 10 11 No. STIPULATED PROTECTIVE ORDER CITY OF SEATTLE, Assistant Chief Steve Wilske John Doe 1, Jane Doe 1, 12 Defendants. 13 14 15 I. PURPOSES AND LIMITATIONS 16 Discovery in this action is likely to involve production of confidential, proprietary, or 17 private information for which special protection may be warranted. Accordingly, the parties 18 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 19 parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket 20 protection on all disclosures or responses to discovery, the protection it affords from public 21 disclosure and use extends only to the limited information or items that are entitled to STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 1 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 confidential treatment under the applicable legal principles, and it does not presumptively entitle 2 parties to file confidential information under seal. 3 2. “CONFIDENTIAL” MATERIAL 4 “Confidential” material shall include the following documents and tangible things 5 produced or otherwise exchanged: (1) police personnel files; (2) unsustained police internal 6 investigations and disciplinary files; (3) unsustained complaints of police misconduct; (4) medical, 7 psychological, and financial records; (5) non-public tactical policies and procedures and training 8 protocols; (6) non-public police documents concerning procedures for protests and 9 demonstrations and other emergency management; (7) non-public law enforcement, intelligence, 10 and tactical documents; (8) records that could implicate the privacy rights of the plaintiff or third 11 parties, including, but not limited to, personal identifying information (“PII”) such as date(s) of birth, 12 social security number(s), personal home address(es), phone number(s), and e-mail address(es); driver’s 13 license or state identification number(s); personal financial information; passport information; 14 immigration status; criminal history and/or criminal record number(s); and other unspecified PII; and (9) 15 plaintiff’s medical records and bills; plaintiff’s employment information. 16 3. SCOPE 17 The protections conferred by this agreement cover not only confidential material (as 18 defined above), but also (1) any information copied or extracted from confidential material; (2) 19 all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 20 conversations or presentations by parties or their counsel that might reveal confidential material. 21 However, the protections conferred by this agreement do not cover information that is in the STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 2 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 public domain or becomes part of the public domain through trial or otherwise. 2 4. 3 ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 4.1 Basic Principles. A receiving party may use confidential material that is disclosed 4 or produced by another party or by a non-party in connection with this case only for prosecuting, 5 defending, or attempting to settle this litigation. Confidential material may be disclosed only to 6 the categories of persons and under the conditions described in this agreement. Confidential 7 material must be stored and maintained by a receiving party at a location and in a secure manner 8 that ensures that access is limited to the persons authorized under this agreement. 9 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 10 ordered by the court or permitted in writing by the designating party, a receiving party may 11 disclose any confidential material only to: (a) 12 13 the receiving party’s counsel of record in this action, as well as employees of counsel to whom it is reasonably necessary to disclose the information for this litigation; (b) 14 the officers, directors, and employees (including in house counsel) of the 15 receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties 16 agree that a particular document or material produced is for Attorney’s Eyes Only and is so 17 designated; (c) 18 experts and consultants to whom disclosure is reasonably necessary for 19 this litigation and who have signed the “Acknowledgement and Agreement to Be Bound” 20 (Exhibit A); 21 (d) the court, court personnel, and court reporters and their staff; STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 3 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 (e) 1 copy or imaging services retained by counsel to assist in the duplication of 2 confidential material, provided that counsel for the party retaining the copy or imaging service 3 instructs the service not to disclose any confidential material to third parties and to immediately 4 return all originals and copies of any confidential material; (f) 5 during their depositions, witnesses in the action to whom disclosure is 6 reasonably necessary and who have signed the “Acknowledgement and Agreement to Be Bound” 7 (Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of 8 transcribed deposition testimony or exhibits to depositions that reveal confidential material must 9 be separately bound by the court reporter and may not be disclosed to anyone except as permitted 10 under this agreement; (g) 11 12 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 4.3 13 Filing Confidential Material. Before filing confidential material or discussing or 14 referencing such material in court filings, the filing party shall confer with the designating party 15 to determine whether the designating party will remove the confidential designation, whether the 16 document can be redacted, or whether a motion to seal or stipulation and proposed order is 17 warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the 18 standards that will be applied when a party seeks permission from the court to file material under 19 seal. 20 5. 21 DESIGNATING PROTECTED MATERIAL. 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each party STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 4 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 or non-party that designates information or items for protection under this agreement must take 2 care to limit any such designation to specific material that qualifies under the appropriate 3 standards. The designating party must designate for protection only those parts of material, 4 documents, items, or oral or written communications that qualify, so that other portions of the 5 material, documents, items, or communications for which protection is not warranted are not 6 swept unjustifiably within the ambit of this agreement. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 8 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 9 unnecessarily encumber or delay the case development process or to impose unnecessary 10 expenses and burdens on other parties) expose the designating party to sanctions. 11 If it comes to a designating party’s attention that information or items that it designated 12 for protection do not qualify for protection, the designating party must promptly notify all other 13 parties that it is withdrawing the mistaken designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in this 15 agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 16 ordered, disclosure or discovery material that qualifies for protection under this agreement must 17 be clearly so designated before or when the material is disclosed or produced. 18 (a) Information in documentary form: (e.g., paper or electronic documents 19 and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), the designating party must affix the word “CONFIDENTIAL” to each page that 21 contains confidential material. If only a portion or portions of the material on a page qualifies STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 5 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 for protection, the producing party also must clearly identify the protected portion(s) (e.g., by 2 making appropriate markings in the margins). (b) 3 Testimony given in deposition or in other pretrial or trial proceedings: the 4 parties must identify on the record, during the deposition, hearing, or other proceeding, all 5 protected testimony, without prejudice to their right to so designate other testimony after 6 reviewing the transcript. Any party or non-party may, within fifteen days after receiving a 7 deposition transcript, designate portions of the transcript, or exhibits thereto, as confidential. (c) 8 Other tangible items: the producing party must affix in a prominent place 9 on the exterior of the container or containers in which the information or item is stored the word 10 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 11 the producing party, to the extent practicable, shall identify the protected portion(s). 5.3 12 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 13 designate qualified information or items does not, standing alone, waive the designating party’s 14 right to secure protection under this agreement for such material. Upon timely correction of a 15 designation, the receiving party must make reasonable efforts to ensure that the material is 16 treated in accordance with the provisions of this agreement. 17 6. 18 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a designation of 19 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 20 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 21 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 6 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 challenge a confidentiality designation by electing not to mount a challenge promptly after the 2 original designation is disclosed. 6.2 3 Meet and Confer. The parties must make every attempt to resolve any dispute 4 regarding confidential designations without court involvement. 5 confidential designations or for a protective order must include a certification, in the motion or in 6 a declaration or affidavit, that the movant has engaged in a good faith meet and confer 7 conference with other affected parties in an effort to resolve the dispute without court action. 8 The certification must list the date, manner, and participants to the conference. A good faith 9 effort to confer requires a face-to-face meeting or a telephone conference. 6.3 10 Any motion regarding Judicial Intervention. If the parties cannot resolve a challenge without court 11 intervention, the designating party may file and serve a motion to retain confidentiality under 12 Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of 13 persuasion in any such motion shall be on the designating party. Frivolous challenges, and those 14 made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 15 other parties) may expose the challenging party to sanctions. All parties shall continue to 16 maintain the material in question as confidential until the court rules on the challenge. 17 7. 18 19 20 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party must: 21 STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 7 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 (a) 1 2 promptly notify the designating party in writing and include a copy of the subpoena or court order; (b) 3 promptly notify in writing the party who caused the subpoena or order to 4 issue in the other litigation that some or all of the material covered by the subpoena or order is 5 subject to this agreement. Such notification shall include a copy of this agreement; and (c) 6 cooperate with respect to all reasonable procedures sought to be pursued 7 by the designating party whose confidential material may be affected. 8 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential 10 material to any person or in any circumstance not authorized under this agreement, the receiving 11 party must immediately (a) notify in writing the designating party of the unauthorized 12 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the protected material, 13 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of 14 this agreement, and (d) request that such person or persons execute the “Acknowledgement and 15 Agreement to Be Bound” that is attached hereto as Exhibit A. 16 9. 17 18 19 20 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a producing party gives notice to receiving parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery 21 STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 8 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 order or agreement that provides for production without prior privilege review. Parties shall 2 confer on an appropriate non-waiver order under Fed. R. Evid. 502. 3 10. NON-TERMINATION AND RETURN OF DOCUMENTS 4 Within 60 days after the termination of this action, including all appeals, each receiving 5 party must return all confidential material to the producing party, including all copies, extracts 6 and summaries thereof. 7 destruction. Alternatively, the parties may agree upon appropriate methods of 8 Notwithstanding this provision, counsel are entitled to retain one archival copy of all 9 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 10 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 11 work product, even if such materials contain confidential material. 12 The confidentiality obligations imposed by this agreement shall remain in effect until a 13 designating party agrees otherwise in writing or a court orders otherwise. 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 DATED this 20th day of September, 2017. 16 17 18 19 20 21 CHRISTIE LAW GROUP, PLLC By /s/ Thomas P. Miller THOMAS P. MILLER, WSBA #34473 2100 Westlake Avenue N., Suite 206 Seattle, WA 98109 Telephone: (206) 957-9669 Fax: (206) 352-7875 Email: tom@christielawgroup.com Attorney for Defendants STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 9 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 LAW OFFICES OF HARRY WILLIAMS LLC 2 6 By: /s/ Harry Williams Harry Williams, IV, WSBA #41020 707 East Harrison Street Seattle, WA 98102 Telephone: (206) 769-1772 Harry@harrywilliamslaw.com Attorney for Plaintiff 7 HKM EMPLOYMENT ATTORNEYS LLP 3 4 5 8 9 10 11 By: /s/ Daniel Kalish Daniel Kalish, WSBA #35815 600 Stewart Street, Suite 901 Seattle, WA 98101 Phone: 206-838-2504 Email: dkalish@hkm.com Attorney for Plaintiff 12 ORDER 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 DATED this 20th day of September, 2017. 17 A 18 Thomas S. Zilly United States District Judge 16 19 20 21 STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 10 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________ [print or type full name], of 4 ______________________________________ [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Western District of Washington on [date] in the case of 7 Levine v. City of Seattle, Assistant Chief Steve Wilske, John Doe 1, Jane Doe 1, Cause No. 2:16- 8 CV-01284-TSZ. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 11 any manner any information or item that is subject to this Stipulated Protective Order to any person 12 or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Western District of Washington for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 Date: ____________________________ 17 City and State where sworn and signed: ________________________________ 18 Printed name: ____________________________________________________ 19 Signature: _______________________________________________________ 20 21 STIPULATED PROTECTIVE ORDER (2:16-CV-01284-TSZ) - 11 CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669

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