United States District Court, W.D. Washington, Seattle
JANE DOE, JOHN DOE, AND H.S. by and through his guardian, individually and on behalf of all others similarly situated, Plaintiffs,
BHC FAIRFAX HOSPITAL, INC. d/b/a FAIRFAX BEHAVIORAL HEALTH, Defendant.
STIPULATED PROTECTIVE ORDER
S. ZILLY UNITED STATES DISTRICT JUDGE.
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 LCR 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 parties to file confidential information under seal.
The parties to this action stipulate that the following
Protective Order apply to documents and information produced
or disclosed in this case:
material shall include the following documents and tangible
things produced or otherwise exchanged:
A) Social security numbers (5 U.S.C. § 552a(b)); LCR
B) Personal information in files maintained for clients of
public institutions or welfare recipients (42 U.S.C. §
671(a)(8); Wash. Rev. Code 42.56.230(1); Wash. Rev Code
C) Health care information (Wash. Rev. Code 70.02.010(16));
D) Records related to mental illness and treatment (Wash.
Rev. Code 71.05.390; Wash. Rev. Code 71.34.340);
E) Credit card numbers, debit card numbers, electronic check
numbers, card expiration date, bank, or other financial
account numbers (LCR 5.2(a)(4));
F) Documents containing information regarding the identity of
persons making reports regarding vulnerable adults, and all
files, reports, records, communications, and working papers
used or developed in the investigation or provision of
protective services is subject to protection under state law
(Wash. Rev. Code 74.34.095);
G) Other material protected by federal or state statute or
regulation or court rule including, without limitation,
patient safety work-product under the Patient Safety and
Quality Improvement Act, 42 U.S.C. § 299b-21 et. seq.,
42 C.F.R. 3.204 .
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
receiving party may use confidential material that is
disclosed or produced by another party or by a non-party in
connection with this case only for prosecuting, defending, or
attempting to settle this litigation. 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.
Disclosure of “CONFIDENTIAL” Information or
otherwise ordered by the court or permitted in writing by the
designating party, a receiving party may ...