JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 1 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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JUDGE KAREN L. STROMBOM 

 

 

 

 

 

 

 

 

 

 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

TERRY WELLS and DANA WELLS, 

individually and as Natural 

Guardians and Next Friends of E.A. 

WELLS, their minor child, 

 

Plaintiffs, 

vs. 

 

THYSSENKRUPP ELEVATOR 

CORPORATION, THYSSENKRUPP 

ELEVATOR MANUFACTURING, 

INC., HARBORSIDE INN, DON D. 

ROBERTS, GALE STUDER, SCOTT 

STUDER, LYNN STUDER, 

L. GEHRKE, and P. GEHRKE, 

 

Defendants. 

 

NO. C05-5725 KLS 

 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS 

CONCERNING MINOR CHILD 

 

 

 

 The parties, by their undersigned counsel, stipulate as follows: 

 1. In response to the requirement for initial disclosures and in 

response to requests for production issued by the parties to plaintiffs, the 

plaintiffs will be producing documents concerning the minor child, E.A. Wells 

(“minor child”). Some of these documents may contain sensitive, personal, 

medical and educational information which, if generally available, would do 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 1 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 2 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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damage to the minor child. These documents will be provided to each party to 

this lawsuit with a red stamp declaring them confidential. 

 2. The parties and their undersigned counsel agree that documents 

produced by plaintiff in discovery and stamped confidential shall be treated as 

confidential, as further described herein. 

 3. The parties agree that the documents produced as described in 

paragraph 1, including the contents thereof, shall be used only for purposes of 

preparing the above-referenced litigation for trial. 

 4. Further, to the extent that depositions of persons involve a specific 

discussion of the contents (as opposed to the existence) of confidential 

documents, then those portions of the depositions should also be treated as 

confidential, as further described herein. 

 5. The parties agree that the confidential documents, including the 

contents thereof, shall not be disseminated to anyone other than: 

 A. The parties, their insurers and the parties’ attorneys in this 

litigation, including their partners, associates, secretaries, paralegal 

assistants, and other employees who may be assisting in the 

litigation of said litigation; 

 

 B. Experts retained for the purpose of consulting or testifying in this 

litigation; 

 

 C. Court officials involved in this litigation, including court reporters 

and persons operating video recording equipment at depositions, as 

may be required for purposes of attaching exhibits to depositions; 

and 

 D. Jurors and other third persons present during any court 

proceeding; provided that during such proceedings, a party 

intending to offer information covered by this protective order 

will first notify the affected party in sufficient time to allow the 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 2 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 3 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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affected party an opportunity to remove the plaintiffs’ minor 

child A.E. Wells (hereinafter “the minor child”) from the 

courtroom during presentation of the information, and to allow 

the affected party the opportunity to request that the court 

consider removing from the courtroom any third person who's 

presence is not necessary for the outcome of that proceeding. 

 6. To the extent that confidential documents are attached to 

transcripts of depositions, or to pleadings to be filed with the court, then the 

confidential documents will be filed under seal, not to be disclosed to the minor 

child or to the public absent specific order from the court. 

 7. The parties and their undersigned counsel agree to provide a copy 

of this Stipulation and Protective Order to any expert who is to be provided 

with a copy of the confidential documents, and to require that such expert 

maintain the confidentiality of such documents. Such experts will be required 

to sign a copy of this Stipulation and Protective Order, signifying agreement to 

its provisions and consenting to the jurisdiction of the court over his or her 

person for purposes of enforcing the terms of this Stipulation and Protective 

Order. 

 8. All expert witnesses who receive the documents described in 

paragraph 1 shall keep the information confidential, use the documents only 

for this litigation, and shall not disclose such information to the minor child or 

to any third person without written consent from the producing party or its 

attorney. At the conclusion of the expert's services in this litigation, all copies 

of the confidential documents shall be returned to plaintiff’s counsel. 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 3 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 4 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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 9. Neither counsel, employees of the law firms involved in the 

litigation, the defendants’ insurers, nor experts retained for purposes of 

consulting or testifying shall disseminate the confidential documents or the 

contents thereof to the minor child or to any third person, whether by oral 

description or by writing, or by any other means, outside the group of persons 

listed in paragraph 5. 

 10. At the conclusion of this litigation, all parties and those persons 

identified in paragraph 5 (other than court personnel) shall return all 

documents identified in paragraph 1 to plaintiffs’ attorney, or destroy the 

documents at the request of plaintiffs’ counsel. 

 11. The parties, all counsel, and all other persons signing this 

Stipulation and Protective Order agree to submit to the jurisdiction of the court 

for purposes of enforcing the Stipulation and Order. 

 12. Nothing in this Stipulation and Order shall preclude 

reconsideration by the Court of any of the terms of the Order upon the Court’s 

own motion after notice to the parties and an opportunity to be heard, or upon 

written application by a party, with notice to the other parties, and for good 

cause shown. 

 13. The parties, all counsel, and all other persons signing this 

Stipulation and Protective Order who receive copies of the minor child’s 

medical records, medical history, mental health records, counseling records, or 

educational records by stipulation, subpoena, or method other than production 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 4 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 5 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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by plaintiffs’ counsel shall mark and treat all such documents as confidential 

in accordance with this Stipulation and Order. 

 

 

 Dated this _______ day of ________________________________, 2006. 

 

 

WILSON SMITH COCHRAN & DICKERSON 

 

 

By______________________________ 

 Whiney Smith 

 WSBA # 21159 

Attorneys For Defendants ThyssenKrupp Elevator Manufacturing, 

Inc. and ThyssenKrupp Elevator Corporation 

 

 

 

 

MACDONALD HOAGUE & BAYLESS 

 

 

By______________________________ 

 Jay Brown 

 WSBA # 19835 

Attorneys For Plaintiffs 

 

 

FALLON & McKINLEY 

 

 

By______________________________ 

 Nancy McKinley 

 WSBA #7992 

Attorneys For Defendants Harborside Inn, Roberts 

Studer and Gehrke 

 

 

 ORDER 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 5 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 6 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 

 The foregoing stipulation of counsel shall control the production, 

dissemination and use of all documents produced in discovery as described in 

paragraph 1 of the stipulation. 

 DATED this 16th day of October, 2006. 

A

Karen L. Strombom 

United States Magistrate Judge 

 

 

Presented By: 

WILSON SMITH COCHRAN & DICKERSON 

 

 

By___(original signed)_ 

 Whiney Smith 

 WSBA # 21159 

Attorneys For Defendants ThyssenKrupp Elevator Manufacturing, 

Inc. and ThyssenKrupp Elevator Corporation 

 

 

 

 

MACDONALD HOAGUE & BAYLESS 

 

 

By___(original signed)__ 

 Jay Brown 

 WSBA # 19835 

Attorneys For Plaintiffs 

 

 

FALLON & McKINLEY 

 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 6 of 7
 

JOINT PROTECTIVE ORDER RE 

CONFIDENTIAL DOCUMENTS- 7 

WELLS/WCS/1455.019 

WILSON SMITH COCHRAN DICKERSON A PROFESSIONAL SERVICE CORPORATION

1700 FINANCIAL CENTER, 1215 4TH AVENUE

SEATTLE, WASHINGTON 98161-1007 

TELEPHONE: (206) 623-4100 FAX: (206) 623-9273

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By___(original signed)__ 

 Nancy McKinley 

 WSBA #7992 

Attorneys For Defendants Harborside Inn, Roberts 

Studer and Gehrke 

 

Case 3:05-cv-05725-KLS Document 28 Filed 10/16/06 Page 7 of 7