Opinion
No. C05-5099FDB.
February 7, 2006
MICHAEL WITHEY, WSBA #4787, KEVIN COLUCCIO, WSBA #16245, STRITMATTER KESSLER WHELAN, WITHEY COLUCCIO, Counsel for Plaintiff.
JEAN HOMAN, WSBA #27084, TACOMA CITY ATTORNEY, CIVIL DIVISION, Counsel for Defendant.
STIPULATION FOR PROTECTIVE ORDER REGARDING PLAINTIFF'S MEDICAL/COUNSELING RECORDS, PERSONAL AND FAMILY INFORMATION AND DEPOSITION TESTIMONY
STIPULATION
COME NOW the parties, by and through their attorneys of record, and hereby stipulate to the entry of a Protective Order regarding the Plaintiff's medical/counseling records, sensitive personal information and deposition testimony. The form and substance of the Protective Order stipulated to are set forth below.
ORDER
Based upon the parties' foregoing stipulation and agreement, IT IS HEREBY ORDERED that the Plaintiff's medical and counseling records (including mental health records), prior family history and mental health treatment and counseling, including her social security number, and any portions of deposition testimony relating to Plaintiff's family history and mental health treatment and counseling provided by Plaintiff Sylvia Boskovich or any other deponent in these proceedings shall be subject to the Protective Order. The Plaintiffs' medical and counseling records (including mental health records), medical history and sensitive personal information, including social security number, and any portions of deposition testimony relating to Plaintiff's family history and mental health treatment and counseling provided by Plaintiff or any other deponent in this litigation regarding the Plaintiff including, but not limited to, any documents or deposition testimony discussing such medical records, counseling records, medical history and sensitive personal information, are to be referred to as "Protection Documents" as hereinafter set forth.1. The term "Protected Documents" as used herein, shall mean any document produced during discovery that relates to the Plaintiff's medical treatment (including mental health treatment), consultation and history. The term "Protected Documents" as used herein shall also mean any document pertaining to personal information regarding the Plaintiff, including, but not limited to, tax returns, W-2's, insurance policies, social security, employment records and school records. A "Protected Document" shall continue to be a "Protected Document" until such time as the parties agree in writing that the document is no longer considered to be a "Protected Document" or there is a finding by this Court that the document is not the proper subject of protection under Federal Rules of Civil Procedure. Nothing herein shall preclude the use of any "protected document" at trial, subject to the applicable rules of evidence and any further protective orders entered by the court.
2. Without further order of this Court, the Defendant and his representative may show "Protected Documents" and may disclose the contents thereof, only to the following persons (hereinafter referred to as "qualified persons"):
a. The Defendant in this action and his insurer's representative;
b. Counsel of record in this action for the Defendant;
c. Regular employees of such counsel assigned to and necessary to assist such counsel in the preparation or trial of this action;
d. Experts including all consulting and potential trial experts, to the extent necessary for preparation of an opinion or testifying by that expert, subject to all of the terms and conditions of this Order, provided that opposing counsel will agree that all such experts must be bound by the terms of this Order, and provided that all such experts will execute the attached "Acknowledgement of Receipt of Protective Order"; and
e. The Court.
Every "Protected Document" shall remain at all times under the custody of counsel for the party or parties obtaining such documents, and /or persons as defined in paragraph 2.
3. After termination of this litigation, including any appeals, the provisions of this order shall continue to be binding, except with respect to those documents and information that become a matter of public record. This Court retains and shall have jurisdiction over the parties and recipients of the "Protected Document" for enforcement of the provisions of this Protective Order following termination of this litigation.
4. Any "Protected Documents" that either of the parties file in this case shall be filed under seal, enclosed in an envelope with the following coversheet/label:
"CONFIDENTIAL DOCUMENT" "PURSUANT TO PROTECTIVE ORDER" United States District Court, Western District of Washington at Tacoma NO. C05-5099FDB
This same notation will also be on the face of each protected document in red ink.
IT IS HEREBY ORDERED.