Torres v. City of Seattle et al

Filing 19

STIPULATED PROTECTIVE ORDER by Judge Thomas S. Zilly. (SWT)

Hon. Thomas S. Zilly

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JORGE TORRES,
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Plaintiff,

No.

2:16-CV-01863-TSZ

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STIPULATED PROTECTIVE ORDER

vs.
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CITY OF SEATTLE
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Defendants.
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PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential, proprietary, or
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private information for which special protection may be warranted. Accordingly, the parties hereby
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stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
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acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection
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on all disclosures or responses to discovery, the protection it affords from public disclosure and use
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extends only to the limited information or items that are entitled to confidential treatment under the
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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 1

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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applicable legal principles, and it does not presumptively entitle parties to file confidential

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information under seal.

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“CONFIDENTIAL” MATERIAL

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“Confidential” material shall include the following documents and tangible things produced

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or otherwise exchanged: (1) police personnel files; (2) unsustained police internal investigations

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and disciplinary files; (3) unsustained complaints of police misconduct; (4) medical, psychological,

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and financial records; (5) non-public tactical policies and procedures and training protocols; (6)

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non-public police documents concerning procedures for protests and demonstrations and other

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emergency management; (7) non-public law enforcement, intelligence, and tactical documents; (8)

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records that could implicate the privacy rights of the plaintiff or third parties, including, but not

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limited to, personal identifying information (“PII”) such as date(s) of birth, social security

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number(s), personal home address(es), phone number(s), and e-mail address(es); driver’s license or

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state identification number(s); personal financial information; passport information; immigration

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status; criminal history and/or criminal record number(s); and other unspecified PII; and (9)

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plaintiff’s medical records and bills; plaintiff’s employment information.

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3.

SCOPE

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The protections conferred by this agreement cover not only confidential material (as defined

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above), but also (1) any information copied or extracted from confidential material; (2) all copies,

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excerpts, summaries, or compilations of confidential material; and (3) any testimony, conversations,

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or presentations by parties or their counsel that might reveal confidential material. However, the

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protections conferred by this agreement do not cover information that is in the public domain or

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becomes part of the public domain through trial or otherwise.

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 2

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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4.

ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1

Basic Principles. A receiving party may use confidential material that is disclosed or

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produced by another party or by a non-party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Confidential material may be disclosed only to the

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categories of persons and under the conditions described in this agreement. Confidential material

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must be stored and maintained by a receiving party at a location and in a secure manner that ensures

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that access is limited to the persons authorized under this agreement.

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4.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

by the court or permitted in writing by the designating party, a receiving party may disclose any
confidential material only to:
(a) 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;

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(b) the officers, directors, and employees (including in house counsel) of the receiving party

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to whom disclosure is reasonably necessary for this litigation, unless the parties agree that a

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particular document or material produced is for Attorney’s Eyes Only and is so designated;

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(c) experts and consultants to whom disclosure is reasonably necessary for this litigation
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(d) the court, court personnel, and court reporters and their staff;

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(e) copy or imaging services retained by counsel to assist in the duplication of confidential

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material, provided that counsel for the party retaining the copy or imaging service instructs the

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service not to disclose any confidential material to third parties and to immediately return all

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originals and copies of any confidential material;

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 3

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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(f) during their depositions, witnesses in the action to whom disclosure is reasonably

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necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

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unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal confidential material must be separately

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bound by the court reporter and may not be disclosed to anyone except as permitted under this

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agreement;
(g) the author or recipient of a document containing the information or a custodian or other

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person who otherwise possessed or knew the information.
4.3

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Filing Confidential Material. Before filing confidential material or discussing or

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referencing such material in court filings, the filing party shall confer with the designating party to

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determine whether the designating party will remove the confidential designation, whether the

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document can be redacted, or whether a motion to seal or stipulation and proposed order is

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warranted. Local Civil Rule 5(g) sets forth the procedures that must be followed and the standards

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that will be applied when a party seeks permission from the court to file material under seal.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each party or

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non-party that designates information or items for protection under this agreement must take care to

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limit any such designation to specific material that qualifies under the appropriate standards. The

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designating party must designate for protection only those parts of material, documents, items, or

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oral or written communications that qualify, so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept unjustifiably within

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the ambit of this agreement.

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 4

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

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to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

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encumber or delay the case development process or to impose unnecessary expenses and burdens

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on other parties) expose the designating party to sanctions.

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If it comes to a designating party’s attention that information or items that it designated for

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protection do not qualify for protection, the designating party must promptly notify all other parties

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that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations.

Except as otherwise provided in this

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agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or

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ordered, disclosure or discovery material that qualifies for protection under this agreement must be

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clearly so designated before or when the material is disclosed or produced.

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(a) Information in documentary form: (e.g., paper or electronic documents and deposition

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exhibits, but excluding transcripts of depositions or other pretrial or trial proceedings), the

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designating party must affix the word “CONFIDENTIAL” to each page that contains confidential

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material. If only a portion or portions of the material on a page qualifies for protection, the

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producing party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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(b) Testimony given in deposition or in other pretrial or trial proceedings: the parties must

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identify on the record, during the deposition, hearing, or other proceeding, all protected testimony,

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without prejudice to their right to so designate other testimony after reviewing the transcript. Any

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party or non-party may, within fifteen days after receiving a deposition transcript, designate

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portions of the transcript, or exhibits thereto, as confidential.

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 5

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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(c) Other tangible items: the producing party must affix in a prominent place on the exterior

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of the container or containers in which the information or item is stored the word

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“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, the

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producing party, to the extent practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the designating party’s

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right to secure protection under this agreement for such material. Upon timely correction of a

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designation, the receiving party must make reasonable efforts to ensure that the material is treated

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in accordance with the provisions of this agreement.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any party or non-party may challenge a designation of

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confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. The parties must make every attempt to resolve any dispute

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regarding confidential designations without court involvement. Any motion regarding confidential

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designations or for a protective order must include a certification, in the motion or in a declaration

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or affidavit, that the movant has engaged in a good faith meet and confer conference with other

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affected parties in an effort to resolve the dispute without court action. The certification must list

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the date, manner, and participants to the conference. A good faith effort to confer requires a face-to-

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face meeting or a telephone conference.
STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 6

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

6.3

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Judicial Intervention.

If the parties cannot resolve a challenge without court

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intervention, the designating party may file and serve a motion to retain confidentiality under Local

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Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of

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persuasion in any such motion shall be on the designating party. Frivolous challenges, and those

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made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the challenging party to sanctions. All parties shall continue to maintain the

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material in question as confidential until the court rules on the challenge.

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7.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

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If a party is served with a subpoena or a court order issued in other litigation that compels

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disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party

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must:
(a) promptly notify the designating party in writing and include a copy of the subpoena or

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court order;

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(b) promptly notify in writing the party who caused the subpoena or order to issue in the

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other litigation that some or all of the material covered by the subpoena or order is subject to this

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agreement. Such notification shall include a copy of this agreement; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

designating party whose confidential material may be affected.

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8.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential
material to any person or in any circumstance not authorized under this agreement, the receiving

STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 7

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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party must immediately (a) notify in writing the designating party of the unauthorized disclosures,

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(b) use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the

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person or persons to whom unauthorized disclosures were made of all the terms of this agreement,

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and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.

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9.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL

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When a producing party gives notice to receiving parties that certain inadvertently produced
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material is subject to a claim of privilege or other protection, the obligations of the receiving parties
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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
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modify whatever procedure may be established in an e-discovery order or agreement that provides
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for production without prior privilege review. Parties shall confer on an appropriate non-waiver
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order under Fed. R. Evid. 502.
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10.

NON TERMINATION AND RETURN OF DOCUMENTS

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Within 60 days after the termination of this action, including all appeals, each receiving
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party must return all confidential material to the producing party, including all copies, extracts and
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summaries thereof. Alternatively, the parties may agree upon appropriate methods of destruction.
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Notwithstanding this provision, counsel are entitled to retain one archival copy of all
documents filed with the court, trial, deposition, and hearing transcripts, correspondence, deposition
and trial exhibits, expert reports, attorney work product, and consultant and expert work product,
even if such materials contain confidential material.
The confidentiality obligations imposed by this agreement shall remain in effect until a

designating party agrees otherwise in writing or a court orders otherwise.

STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 8

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: November 8, 2017

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PETER S. HOLMES
Seattle City Attorney

James Bible, JAMES BIBLE LAW GROUP

By: /s/ James Bible
James Bible, WSBA# 33985
JAMES BIBLE LAW GROUP
14205 SE 36th St. Suite 100
Bellevue, WA 98006
[e-mail]

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By: /s/ Scott Kennedy
Ghazal Sharifi, WSBA #47750
Scott Kennedy, WSBA #46747
Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
Telephone: [phone]
[e-mail]

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Attorneys for Defendant

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Attorney for Plaintiff

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 9

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED this 7th day of December, 2017.

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A

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Thomas S. Zilly
United States District Judge

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 10

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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_____________________________

[print

or

type

full

name],

of

_________________ [print or type full address], declare under penalty of perjury that I have read
in its entirety and understand the Stipulated Protective Order that was issued by the United States District
Court for the Western District of Washington on ______, 20__, in the case of Torres v. City of Seattle, I

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agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand

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and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of

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contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject

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to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of

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this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Western District of Washington for the purpose of enforcing the terms of this Stipulated Protective Order,
even if such enforcement proceedings occur after termination of this action.

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Date: _________________________________
City and State where sworn and signed: _________________________________
Printed name: ______________________________

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Signature: __________________________________

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STIPULATED PROTECTIVE ORDER
2:16-CV-01863-TSZ - 11

Peter S. Holmes
Seattle City Attorney
701 5th Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]