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L.W. v. Renton School District

United States District Court, W.D. Washington, Seattle

April 26, 2019

L.W., in her capacity as parent and guardian of minor student B.W., Plaintiff,
v.
RENTON SCHOOL DISTRICT, Defendant.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         Pursuant to the parties' stipulation and the proposed order (Dkt. No. 16), the Court ENTERS the following protective order:

         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. 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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” 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.

         3. SCOPE

         The 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.

         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.

         4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         4.1 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.

         The 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.

         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;
(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 ...

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