United States District Court, W.D. Washington, Seattle
S. HOLMES Seattle City Attorney DAVID BOWMAN, ANDREA SCHEELE,
Assistant City Attorneys Attorneys for Defendants.
OFFICE OF THOMAS G. JARRARD, PLLC THOMAS G. JARRARD, CROTTY
& SON LAW FIRM, PLLC MATTHEW Z. CROTTY, JOHN T LAW, PLLC
JOHN M. TYMCZYSZYN, Attorneys for Plaintiff.
STIPULATION AND ORDER FOR PROTECTION OF CONFIDENTIAL
L. Rot art, Judge U.S. District Court.
PARTIES, Plaintiff Daniel Espinoza, represented by Thomas G.
Jarrard, Matthew Z. Crotty and John M. Tymczyszyn, and
Defendant City of Seattle, represented by Assistant City
Attorneys David Bowman and Andrea Scheele, stipulate and
agree to the terms and procedures set forth in the below
Protective Order for designating and protecting confidential
information, DATED this 28th day of June, 2018.
on the foregoing stipulation of the parties and good cause
appearing, NOW, THEREFORE, IT IS ORDERED
that the parties to the above-captioned case shall disclose
documents designated as confidential subject to the following
terms and conditions:
Documents may contain or refer to sensitive confidential
information, including medical information, personnel files
containing benefit and beneficiary information, discipline,
performance evaluations, investigations of claims and other
documents that would normally not be available to persons
other than the employee and the supervisory chain for such
employee. If disclosed other than as provided in this
Protective Order, such information could result in invasion
of the privacy of non-litigants. In order that all parties
may obtain evidence in this case, it is necessary to make
such Documents and discovery available to counsel of record
and others while protecting each party against unnecessary
disclosure of private and confidential information.
Consequently, no Documents or discovery or copies of
Documents or discovery designated confidential by this Order
shall be delivered to any person except as provided in
paragraphs 6, 8 and 9. Neither the contents nor substance of
any such Document or discovery shall be revealed except to
persons authorized by paragraphs 7, 9 and 10 of this Order.
persons bound by this Protective Order shall maintain
confidentiality, both during and after disposition of this
used herein, the term "CONFIDENTIAL" is defined as
a. Any Document which is marked as such by stamping the cover
or first page of each such Document with the word
"CONFIDENTIAL." Some documents stamped
"CONFIDENTIAL" may also be marked
'ATTORNEY'S EYES ONLY," in which case they shall
only be disclosed to individuals described in section 6 b-f
of this Order. All copies of materials so marked shall also
be stamped "CONFIDENTIAL" and dated if the
duplicating process by which copies are made does not produce
the original stamp. The person designating Documents as
"CONFIDENTIAL" shall be deemed the
"Designating Person" for purposes of this
Protective Order. If any Document so designated becomes
publicly available through no fault of a recipient of such
Document pursuant to this Order, then the document will lose
its "CONFIDENTIAL" status.
b. Any deposition designated by any person as
"CONFIDENTIAL" at any time during the deposition or
upon the conclusion of the deposition, as set forth below.
Any depositions so designated shall be marked
"CONFIDENTIAL" by the court reporter on all
transcripts and on the original, c. Documents or testimony
designated "CONFIDENTIAL" are expressly subject to
this Court's ruling on their confidentiality.
Nothing in this Order shall require any person to treat as
"CONFIDENTIAL" any material or information which
has not been so designated in accordance with this Order.
Parties agree, and the Court hereby orders, that each
Designating Person shall exercise caution in designating any
Document and any portion of a deposition as
"CONFIDENTIAL." This category shall be reserved for
Documents which contain information that most individuals
would consider private and confidential information relating
to employment and/or medical records. The City agrees that
when determining which documents should be designated
"CONFIDENTIAL," it will be guided by considerations
of which documents may be exempt from disclosure or subject
to redaction imder the Public Records Act.
Designating Person may orally designate as
"CONFIDENTIAL" any testimony during the course of a
deposition that refers or relates to a confidential Document,
in which case the court reporter shall transcribe the
testimony so designated in a separate volume marked
"CONFIDENTIAL." Counsel for all parties will
receive copies of all answers, Documents and testimony
designated "CONFIDENTIAL" or otherwise for their
use. In any event, counsel shall have 15 days after receiving
a deposition transcript to designate pages of the transcript
(and exhibits thereto) as "CONFIDENTIAL." Until
expiration of the 15-day period, the parties will treat the
entire deposition as subject to protection against disclosure
under this Order. If no party's counsel timely designates
confidential information in a deposition in the manner
described above, then none of the transcript or its exhibits
will be treated as "CONFIDENTIAL." For the sake of