United States District Court, W.D. Washington, Seattle
L.W., in her capacity as parent and guardian of minor student B.W., Plaintiff,
RENTON SCHOOL DISTRICT, Defendant.
C. COUGHENOUR UNITED STATES DISTRICT JUDGE.
to the parties' stipulation and the proposed order (Dkt.
No. 16), the Court ENTERS the following protective order:
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection may be warranted. Accordingly, the parties
hereby stipulate to and petition the Court to enter the
following stipulated protective order. The parties
acknowledge that this agreement is consistent with Local
Civil Rule 26(c). It does not confer blanket protection on
all disclosures or responses to discovery, the protection it
affords from public disclosure and use extends only to the
limited information or items that are entitled to
confidential treatment under the applicable legal principles,
and it does not presumptively entitle the parties to file
confidential information under seal.
material shall include the following documents and tangible
things produced or otherwise exchanged: (1) health care
information, including mental health and therapy records,
that is subject to the provisions of Wash. Rev. Code §
70.02.005-70.02.905; (2) personally identifiable information
contained in education records, as those terms are defined by
the federal Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C. § 1232g; 34 C.F.R. § 99.1-99.67
or state law pursuant to Wash. Admin. Code §
172-191-010-172-191-110, whether related to minor B.W. or any
other student; and (3) personal contact information,
including home address(es), telephone number(s), social media
username(s), or email address(es) of any person.
protections conferred by this agreement cover not only
confidential material (as defined above), but also: (1) any
information copied or extracted from confidential material;
(2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations,
or presentations by parties or their counsel that might
reveal confidential material.
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
Basic Principles. A receiving party may use
confidential material that is disclosed or produced by
another party or by a non-party in connection with
prosecuting, defending, or attempting to settle any
litigation between the parties. Confidential material may be
disclosed only to the categories of persons and under the
conditions described in this agreement. Confidential 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.
parties acknowledge that any confidential material acquired
by the parties during the course of this litigation may be
relied upon and disclosed to the categories of persons
described herein by either party in any other litigation
between the parties, including this matter and King County
Superior Court Cause No. 19-2-04003-3, and in the course of
providing educational and other services to B.W.
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
(b) 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 ...