Le et al v. Urquart et al
Filing
30
STIPULATED PROTECTIVE ORDER signed by Judge Thomas S. Zilly. (TH)
1
The Honorable Thomas S. Zilly
2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
7
8
9
10
11
12
13
BAO XUYEN LE, INDIVIDUALLY, and as the
Court appointed PERSONAL
REPRESENTATIVE OF THE ESTATE OF
TOMMY LE, HOAI “SUNNY” LE, Tommy Le’s
Father, DIEU HO, Tommy Le’s Mother, UYEN
LE and BAO XUYEN LE, Tommy Le’s Aunts,
KIM TUYET LE, Tommy Le’s Grandmother, and
QUOC NGUYEN, TAM NGUYEN, DUNG
NGUYEN, JULIA NGUYEN AND JEFFERSON
NGUYEN, Tommy Le’s Siblings,
14
17
18
vs.
MARTIN LUTHER KING JR. COUNTY as
sub-division of the STATE of WASHINGTON,
and KING COUNTY DEPUTY SHERIFF
CAESAR MOLINA,
Defendants.
19
20
21
22
23
STIPULATED
PROTECTIVE ORDER
Plaintiffs,
15
16
No. 2:18-CV-00055-TSZ
1.
PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary, or
private information for which special protection may be warranted, including information that is
exempt from public disclosure and non-public records as they relate to the King County Sheriff’s
Department and Cesar Molina. Accordingly, the parties hereby stipulate to and petition the court
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 1
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
to enter the following Stipulated Protective Order. The parties acknowledge that this agreement
2
is consistent with LCR 26(c). It does not confer blanket protection on all disclosures or responses
3
to discovery, the protection it affords from public disclosure and use extends only to the limited
4
information or items that are entitled to confidential treatment under the applicable legal
5
principles, and it does not presumptively entitle parties to file confidential information under
6
seal.
2.
“CONFIDENTIAL” MATERIAL
7
“Confidential” material shall include the following documents and tangible things
8
produced or otherwise exchanged:
9
a. King County’s personnel and employee home addresses, dates of birth, social security
10
numbers, and names of dependants;
11
b. King County personnel and employee employment applications, tests, payroll records
12
and performance evaluations, except if there are specific instances of misconduct or
discipline, and medical files;
13
c. Any other material enjoying special legal protection from disclosure that is relevant to
14
15
this case.
3.
SCOPE
16
The protections conferred by this agreement cover not only confidential material (as
17
defined above), but also (1) any information copied or extracted from confidential material; (2)
18
all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony,
19
20
conversations, or presentations by parties or their counsel that might reveal confidential material.
However, the protections conferred by this agreement do not cover information that is in
the public domain or becomes part of the public domain through trial or otherwise. In addition,
21
22
these protections do not apply to information that is already in the public record, such as in a
publicly accessible court file or trial transcript.
23
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 2
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
4.
2
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1
Basic Principles. A receiving party may use confidential material that is disclosed
3
or produced by another party or by a non-party in connection with this case only for prosecuting,
4
defending, or attempting to settle this litigation. Confidential material may be disclosed only to
5
the categories of persons and under the conditions described in this agreement. Confidential
6
material must be stored and maintained by a receiving party at a location and in a secure manner
that ensures that access is limited to the persons authorized under this agreement.
7
4.2
8
9
ordered by the court or permitted in writing by the designating party, a receiving party may
disclose any confidential material only to:
10
11
(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;
(b)
12
13
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
the officers, directors, and employees (including in house counsel) of the
receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties
agree that a particular document or material produced is for Attorney’s Eyes Only and is so
14
designated;
15
(c)
experts and consultants to whom disclosure is reasonably necessary for
16
this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
17
A);
18
19
20
(d)
the court, court personnel, and court reporters and their staff;
(e)
copy or imaging services retained by counsel to assist in the duplication of
confidential material, provided that counsel for the party retaining the copy or imaging service
instructs the service not to disclose any confidential material to third parties and to immediately
21
22
23
return all originals and copies of any confidential material;
(f)
during their depositions, witnesses in the action to whom disclosure is
reasonably necessary to the testimony of such witness, including pesons designated by a party as
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 3
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
a Fed. R. Civ. Proc. 30(b)(6) witness, witnesses who are employed by a party, and persons
2
identified as witnesses for any of the parties (the court reporter shall be instructed to restrict
3
dissemination of the deposition transcript and exhibits to the persons authorized to see
4
“Confidential Material” under this order;
(g)
5
6
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
Filing Confidential Material. Before filing confidential material or discussing or
7
referencing such material in court filings, the filing party shall confer with the designating party
8
to determine whether the designating party will remove the confidential designation, whether the
9
document can be redacted, or whether a motion to seal or stipulation and proposed order is
10
warranted. If the discussion of or filing of confidential material is reasonably necessary in
11
response to a motion filed by a designating party, the designating party shall make all reasonable
12
efforts to be immediately available for a meet and confer, or shall cooperate with a request by the
13
non-designating party for an extension of the time permitted to respond to the motion to
accommodate the meet and confer requirement. Local Civil Rule 5(g) sets forth the procedures
14
15
16
17
18
19
20
that must be followed and the standards that will be applied when a party seeks permission from
the court to file material under seal.
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each party
or non-party that designates information or items for protection under this agreement must take
care to limit any such designation to specific material that qualifies under the appropriate
standards. The designating party must designate for protection only those parts of material,
documents, items, or oral or written communications that qualify, so that other portions of the
21
22
material, documents, items, or communications for which protection is not warranted are not
swept unjustifiably within the ambit of this agreement.
23
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 4
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
2
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
3
unnecessarily encumber or delay the case development process or to impose unnecessary
4
expenses and burdens on other parties) expose the designating party to sanctions.
5
6
If it comes to a designating party’s attention that information or items that it designated
for protection do not qualify for protection, the designating party must promptly notify all other
parties that it is withdrawing the mistaken designation.
7
5.2
8
Manner and Timing of Designations. Except as otherwise provided in this
agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
9
ordered, disclosure or discovery material that qualifies for protection under this agreement must
10
be clearly so designated before or when the material is disclosed or produced.
11
12
13
(a)
Information in documentary form: (e.g., paper or electronic documents
and deposition exhibits, but excluding transcripts of depositions or other pretrial or trial
proceedings), the designating party must affix the word “CONFIDENTIAL” to each page that
contains confidential material. If only a portion or portions of the material on a page qualifies for
14
15
16
protection, the producing party also must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins).
(b)
Testimony given in deposition or in other pretrial proceedings: the parties
17
must identify on the record, during the deposition or other pretrial proceeding, all protected
18
testimony, without prejudice to their right to so designate other testimony after reviewing the
19
20
transcript. Any party may, within fifteen days after receiving the transcript of the deposition or
other pretrial proceeding, designate portions of the transcript, or exhibits thereto, as confidential.
If a party desires to protect confidential information at trial, the issue should be addressed during
21
22
23
the pre-trial conference.
(c)
Other tangible items: the producing party must affix in a prominent place
on the exterior of the container or containers in which the information or item is stored the word
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 5
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
2
“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,
the producing party, to the extent practicable, shall identify the protected portion(s).
3
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
4
designate qualified information or items does not, standing alone, waive the designating party’s
5
right to secure protection under this agreement for such material. Upon timely correction of a
6
designation, the receiving party must make reasonable efforts to ensure that the material is
treated in accordance with the provisions of this agreement.
7
6.
8
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any party or non-party may challenge a designation of
9
confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality
10
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
11
burdens, or a significant disruption or delay of the litigation, a party does not waive its right to
12
challenge a confidentiality designation by electing not to mount a challenge promptly after the
13
original designation is disclosed.
6.2
14
15
Meet and Confer. The parties must make every attempt to resolve any dispute
regarding confidential designations without court involvement. Any motion regarding
confidential designations or for a protective order must include a certification, in the motion or in
16
a declaration or affidavit, that the movant has engaged in a good faith meet and confer
17
conference with other affected parties in an effort to resolve the dispute without court action. The
18
certification must list the date, manner, and participants to the conference. A good faith effort to
19
20
confer requires a face-to-face meeting or a telephone conference.
6.3
Judicial Intervention. If the parties cannot resolve a challenge without court
intervention, the designating party may file and serve a motion to retain confidentiality under
21
22
23
Local Civil Rule 7 (and in compliance with Local Civil Rule 5(g), if applicable). The burden of
persuasion in any such motion shall be on the designating party. Frivolous challenges, and those
made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 6
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
2
other parties) may expose the challenging party to sanctions. All parties shall continue to
maintain the material in question as confidential until the court rules on the challenge.
3
6.4 Trial Exhibits. Confidential material may be introduced into evidence at time of trial
4
and placed before the trier of fact as permitted by the rules of evidence.
5
7.
6
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
7
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that
8
party must:
9
10
(a)
subpoena or court order;
(b)
11
12
13
15
promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena or order is
subject to this agreement. Such notification shall include a copy of this agreement; and
(c)
14
promptly notify the designating party in writing and include a copy of the
cooperate with respect to all reasonable procedures sought to be pursued
by the designating party whose confidential material may be affected.
8.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
16
If a receiving party learns that, by inadvertence or otherwise, it has disclosed confidential
17
material to any person or in any circumstance not authorized under this agreement, the receiving
18
party must immediately (a) notify in writing the designating party of the unauthorized
19
20
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the protected material,
(c) inform the person or persons to whom unauthorized disclosures were made of all the terms of
this agreement, and (d) request that such person or persons execute the “Acknowledgment and
21
22
23
Agreement to Be Bound” that is attached hereto as Exhibit A.
9.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 7
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
When a producing party gives notice to receiving parties that certain inadvertently
2
produced material is subject to a claim of privilege or other protection, the obligations of the
3
receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
4
provision is not intended to modify whatever procedure may be established in an e-discovery
5
order or agreement that provides for production without prior privilege review. The parties
6
agree to the entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.
10.
NON TERMINATION AND RETURN OF DOCUMENTS
7
Within 60 days after the termination of this action, including all appeals, each receiving
8
party must return all confidential material to the producing party, including all copies, extracts
9
and summaries thereof. Alternatively, the parties may agree upon appropriate methods of
10
destruction.
11
Notwithstanding this provision, counsel are entitled to retain one archival copy of all
12
documents filed with the court, trial, deposition, and hearing transcripts, correspondence,
13
deposition and trial exhibits, expert reports, attorney work product, and consultant and expert
work product, even if such materials contain confidential material.
14
15
The confidentiality obligations imposed by this agreement shall remain in effect until a
designating party agrees otherwise in writing or a court orders otherwise.
16
17
18
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: 6-15-18
/s/ Phil Arnold
Attorney for Plaintiffs
19
20
21
DATED: 6-15-18
/s/ Richard Anderson /s/ Tim Gosselin
Attorneys for Defendants
PURSUANT TO STIPULATION, IT IS SO ORDERED
22
IT IS FURTHER ORDERED that pursuant to Fed. R. Evid. 502(d), the production of any
23
documents in this proceeding shall not, for the purposes of this proceeding or any other
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 8
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
1
proceeding in any other court, constitute a waiver by the producing party of any privilege
2
applicable to those documents, including the attorney-client privilege, attorney work-product
3
protection, or any other privilege or protection recognized by law.
4
DATED this 22nd day of June, 2018.
5
A
6
Thomas S. Zilly
United States District Judge
7
8
9
10
11
12
Dated this 15 day of June, 2018.
Dated this 15 day of June, 2018.
/s/ Phil Arnold
Phil Arnold, WSBA #2675
Attorney for Plaintiffs
/s/ Richard L. Anderson
Richard L. Anderson, WSBA #25115
Attorney for Defendants
13
14
Dated this 15 day of June, 2018.
15
/s/ Tim Gosselin
Tim Gosselin, WSBA #13730
Attorney for Defendant Molina
16
17
18
19
20
21
22
23
STIPULATED PROTECTIVE ORDER
[2:18-CV-00055-TSZ] - 9
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION, Litigation Section
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
(206) 296-0430 Fax (206) 296-8819
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?