Fajardo v. Pierce County et al

Filing 32

STIPULATED PROTECTIVE ORDER Concerning IME Records, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. PIERCE COUNTY, a political subdivision of the State of Washington; and PIERCE COUNTY SHERIFF'S DEPARTMENT, a department of Pierce County, Defendants. CYNTHIA FAJARDO, Plaintiff,

Honorable Ronald B. Leighton

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA

NO. C08-5136 RBL

STIPULATED PROTECTIVE ORDER CONCERNING IME RECORDS

THIS MATTER comes before the court upon the agreement of counsel. By their execution of this Stipulated Protective Order, the parties have agreed as follows: 1. All copyrighted material contained with the IME discovery shall be kept

confidential by the discovering party, provided that the party may disclose the documents to experts, consultants, and witnesses, as necessary, in order to prepare for trial of this matter. The copyrighted material at issue is at pages 7546, 7547, and 7548 of the discovery. This material consists of: (1) a questionnaire with 21 groups of statements; and (2) a questionnaire concerning 21 common symptoms of anxiety.

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This order in no way affects the right of a party to use documents subject to

this order at trial (including pretrial proceedings), or on appeal therefrom, provided that the appropriate evidentiary basis can be established. 3. At the conclusion of this litigation and any appeals therefrom, any and all

copies of the documents shall be destroyed. 4. The parties agree that this order is entered without prejudice, and that at any

time while this action is pending, any party may move the court for relief from this protective order and/or amendment of the terms of this order for good cause shown. DATED this 26th day of May, 2009.

GERALD A. HORNE Prosecuting Attorney /s/____________________________ DONNA Y. MASUMOTO Deputy Prosecuting Attorney Attorney for Defendants WSBA #19700

BRESKIN, JOHNSON & TOWNSEND

/s/______________________________ DAVID E. BRESKIN Attorney for Plaintiff WSBA #10607

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/____________________________ DONNA Y. MASUMOTO Deputy Prosecuting Attorney Attorney for Defendants WSBA #19700 Presented by: GERALD A. HORNE Prosecuting Attorney

ORDER The parties, having agreed to the terms of this Stipulated Protective Order Concerning IME Records, and the court finding the terms of this protective order to be reasonable and necessary for the just resolution of this litigation now, therefore, IT IS HEREBY ORDERED that the parties adhere to the terms set forth above as if fully set forth herein. DONE IN OPEN COURT this 29th day of May, 2009.

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RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Approved as to Form, Notice of Presentation Waived: BRESKIN, JOHNSON & TOWNSEND

/s/______________________________ DAVID E. BRESKIN Attorney for Plaintiff WSBA #10607

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