Opinion
Case No. 1:03CV00057 DAK
June 1, 2004
PROTECTIVE ORDER
This matter comes before the Court on the Stipulation For Protective Order filed by the Plaintiff and the Defendant Davis School District ("District"). Upon due consideration of the Stipulation and the Order proposed jointly by the Plaintiff and the District, and based upon applicable principals of law and the facts of this case, the Court concludes that entering the Protective Order stipulated to by said parties is appropriate and therefore enters its order as follows:
It is hereby ORDERED that:
1. Information and documents relating to the investigation of or inquiry into alleged misconduct by employees of the District who are not parties to this action and any disciplinary actions taken by the District against such employee are hereby determined to be confidential and protected material subject to this Protective Order.
2. Unless otherwise ordered by the Court or consented to in writing by the District, any and all such protected material shall be viewed, inspected and copied only by the Plaintiff, counsel for the Plaintiff, attorneys or individuals working for or with counsel for the Plaintiff on this civil action including retained experts, and may be used only to the extent necessary for the Plaintiffs preparation and filing of any pretrial motions or disclosures and the preparation for and trial of this civil action, including necessary discovery.
3. The individuals listed in paragraph 2 shall not distribute, disclose or otherwise publish or make available the protected material to any third persons unless consented to in writing by the District or as permitted by the Court.
4. Protected material shall be used solely in connection with the preparation and filing of any pretrial motions or disclosures, the preparation for and the taking of depositions, the preparation of expert reports and testimony, if any, and the preparation for and trial of this civil action and for no other purpose or in any other civil action.
5. Any protected material that a party desires to submit to the Court shall be placed in a sealed envelope bearing the caption of the case as set forth in this Order and the legend "Filed Under Seal."
6. Neither the disclosure of any confidential and protected material by the District to the Plaintiff nor the stipulation to the entry of this Protective Order shall be construed as a waiver of any objection the District may have to the relevancy or admissibility of all or any part of such confidential and protected material.
7. This Protective Order is without prejudice to the right of the Plaintiff to bring before the Court, at any time, the question of whether or not any such protected material is in fact confidential.
8. This Protective Order is without prejudice to the rights of either party to ask the Court to either amend or modify the Protective Order with respect to any particular matter.