STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

1 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

JAMES Q. WILKINSON, 

 Plaintiff, 

 v. 

ELDON VAIL, et al., 

 Defendants. 

NO. C05-5656 JKA 

STIPULATED PROTECTIVE 

ORDER 

STIPULATION 

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

 1. During the course of this litigation, the Defendants will be producing 

documents and answering interrogatories about cell door latches and offender classification 

on the basis of race, threat of violence, and suspected association with Security Threat 

Groups which, if generally available to the public, could impair correctional facility security 

or increase the likelihood of future assaults within DOC facilities. The improper release of 

this information could also present a risk to community safety. Documents and interrogatory 

answers containing such information may be produced with a red stamp declaring them 

"Restricted Confidential." 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 1 of 6
STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

2 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

 2. The parties and their undersigned counsel agree that produced documents, 

depositions transcripts, and interrogatory answers that are designated as restricted confidential 

shall be treated as confidential, as further described herein. 

 3. The parties agree that the documents produced and testimony designated as 

restricted confidential, 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 restricted confidential documents or information, 

then those portions of the depositions may be designated by counsel on the record or within 14 

days of receiving the deposition transcript as restricted confidential and thereafter shall be 

treated as confidential, as further described herein. 

 5. The parties agree that documents and other discovery information designated as 

restricted confidential, including the contents thereof, shall not be disseminated to anyone other 

than: 

A. The Defendants, the parties’ attorneys in this litigation, including their 

partners, associates, secretaries, paralegal assistants, and other employees 

who may be assisting in the 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, the affected party reserves the 

right to object to information covered by this Stipulated Protective 

Order being disseminated in the presence of any third person whose 

presence is not necessary for the outcome of that proceeding. 

6. Defendants may produce documents related to the Aryan Family in triplicate 

and stamped in red ink "Do Not Copy." Neither Plaintiff’s counsel nor their staff will make 

additional copies of documents related to the Aryan Family that Defendants produce in 

accordance with this provision. 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 2 of 6
STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

3 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

7. Neither counsel, employees of the law firms involved in the litigation, nor 

experts retained for purposes of consulting or testifying shall disseminate the restricted 

confidential documents or the contents thereof to Plaintiff James Wilkinson, whether by oral 

description or by writing, or by any other means. Documents and information received by a 

party other than through discovery in this litigation are not subject to this Stipulated Protective 

Order, and nothing in this Order prejudices any party from moving for a separate protective 

order to restrict access to those documents and information. 

 8. To the extent that restricted confidential documents are attached to transcripts of 

depositions, or to pleadings to be filed with the court, then the restricted confidential documents 

will be filed under seal, not to be disclosed to the public absent specific order from the Court. 

 9. The parties and their undersigned counsel agree to provide a copy of this 

Stipulated Protective Order to any expert who is to be provided with a copy of the restricted 

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 Stipulated 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 Stipulated Protective Order. 

 10. 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 any third person without written consent from the producing party 

or its attorney, or in accordance with a court order. At the conclusion of the expert's services in 

this litigation, all copies of the restricted confidential documents shall be returned to the counsel 

providing same. 

 11. Neither counsel, employees of the law firms involved in the litigation, nor 

experts retained for purposes of consulting or testifying shall disseminate the restricted 

confidential documents or the contents thereof 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. 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 3 of 6
STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

4 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

 12. 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 

the producing party, or destroy the documents at the request of that party or its counsel. 

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

Order agree to submit to the jurisdiction of the court for purposes of enforcing this Stipulated 

Protective Order. 

 14. Nothing in this Stipulated Protective Order shall preclude reconsideration by the 

Court of any of the terms of the Order upon written application or its own motion, with notice to 

the parties, and for good cause shown.

 15. If Plaintiff's counsel objects in writing to Defendants' designation of information 

as restricted confidential, Defendants shall move within a reasonable time for a ruling from this 

Court on that designation, and Plaintiff shall continue to treat that information as subject to this 

Order pending the Court's ruling. If Defendants do not move for such a ruling, the information 

shall not be subject to this Order, notwithstanding its designation as restricted confidential by 

Defendants. 

 DATED this ____ day of March, 2007. 

 ROBERT M. MCKENNA 

 Attorney General 

 

 PAUL JAMES, WSBA #13525 

 SARA J. OLSON, WSBA #33003 

 Assistant Attorneys General 

 Attorneys for State Defendants 

 MacDONALD HOAGUE & BAYLESS 

 

 JESSE WING, WSBA 27751 

 JAY S. BROWN, WSBA 19835 

 Attorneys for Plaintiff 

 

 

 MATTHEW WOJCIK, WSBA #27918 

 Attorney for Phyllis Ellis 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 4 of 6
STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

5 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

O R D E R

 Pursuant to the foregoing Stipulation between parties, it is hereby ORDERED that the 

foregoing Stipulated Protective Order is entered and in full force and effect until such time as this 

Court modifies its terms or releases the parties from its provisions. 

 DONE IN OPEN COURT this 19th day of March, 2007. 

 /s/ J. Kelley Arnold 

 MAGISTRATE J. KELLEY ARNOLD 

Presented by: 

ROBERT M. MCKENNA 

Attorney General 

 

PAUL JAMES, WSBA #13525 

SARA J. OLSON, WSBA #33003 

Assistant Attorneys General 

Attorneys for State Defendants 

MacDONALD HOAGUE & BAYLESS 

 

JESSE WING, WSBA 27751 

JAY S. BROWN, WSBA 19835 

Attorneys for Plaintiff 

 

MATTHEW WOJCIK, WSBA #27918 

Attorney for Phyllis Ellis 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 5 of 6
STIPULATED PROTECTIVE ORDER 

NO. C05-5656 

6 ATTORNEY GENERAL OF WASHINGTON 

Torts Division 

7141 Cleanwater Drive SW 

PO Box 40126 

Olympia, WA 98504-0126 

(360) 586-6300 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

CERTIFICATE OF SERVICE

 I hereby certify that on March 19, 2007, I caused to be electronically filed the foregoing 

document with the Clerk of the Court using the CM/ECF system which will send notification 

of such filing to the following: 

Jay S. Brown jayb@mhb.com, cherylm@mhb.com

Jesse Andrew Wing jessew@mhb.com, carriew@mhb.com, kathys@mhb.com

Matthew R. Wojcik mwojcik@jacksonwallace.com

 I certify under penalty of perjury that the foregoing is true and correct. 

 EXECUTED this 16th day of March, 2007, at Olympia, Washington. 

/s/ Sara Olson 

PAUL F. JAMES, WSBA #13525 

SARA J. OLSON, WSBA #33003 

Assistant Attorneys General 

Case 3:05-cv-05656-JKA Document 81 Filed 03/19/07 Page 6 of 6