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AMERICAN CIVIL LIBERTIES UNION 

OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

(206) 624-2184 

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AMERICAN CIVIL LIBERTIES UNION 

OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

(206) 624-2184 

 THE HONORABLE RONALD B. LEIGHTON 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

MAJOR MARGARET WITT, 

 Plaintiff, 

 v. 

UNITED STATES DEPARTMENT OF THE 

AIR FORCE; et al., 

 Defendants. 

Case No. C06-5195-RBL 

ORDER GRANTING PLAINTIFF’S 

MOTION TO COMPEL PRODUCTION 

OF DOCUMENTS RESPONSIVE TO 

REQUESTS FOR PRODUCTION NOS. 

33 TO 36 

 Pending before the Court is Plaintiff’s Motion to Compel Production of Documents 

Responsive to Requests for Production Nos. 33 to 36. The Court has considered the following: 

(1) Plaintiff’s motion and any exhibits and declarations thereto; (2) Defendants’ responsive 

briefing, if any, and any exhibits and declarations thereto; and (3) Plaintiff’s reply briefing and 

any exhibits and declarations thereto. Having considered the briefing, the Court hereby 

GRANTS Plaintiff’s motion to compel, subject to the conditions of a Protective Order, and 

hereby ORDERS as follows: 

(1) Defendants must produce documents responsive to Plaintiff’s amended Requests for 

Production Nos. 33-36, no later than 10 days from the date of this order, specifically: 

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705 Second Avenue, Suite 300 

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(206) 624-2184 

a. All documents pertaining to disciplinary action or admonishment (located in any paper or 

electronic files and located in personnel files) concerning the relationship between 

Servicemember-A and Servicemember-B. 

b. All documents relating to Servicemember-C’s relationship with Servicemember-D 

(located in any paper or electronic files and located in personnel files). 

c. All documents relating to Servicemember-E’s relationship with Servicemember-F 

(located in any paper or electronic files and located in personnel files). 

(2) The production of responsive documents shall be subject to conditions specified in (3) 

Protective Order. 

(3) Protective Order 

a. Except as may be otherwise agreed to by the parties, or ordered by the Court, records 

produced pursuant to Order (1) may be disclosed only to the following persons: 

i. The Court and Court personnel, including stenographic reporters engaged in such 

proceedings as are necessarily incident to the preparation for trial and/or trial of this 

action; 

ii. Counsel of record for any party to this action, including all attorneys of that counsel’s law 

firm or organization; 

iii. Employees, paralegal assistants, stenographic, and clerical employees of counsel for the 

parties only when operating under the direct supervision of counsel; 

iv. Plaintiff Margaret Witt; 

v. Defendants, and all managing agents and employees of the agency Defendant, who 

become involved in this litigation at the request of counsel of record and whose review of 

protected documents is specifically controlled by counsel; 

vi. Potential witnesses who become involved in this litigation at the request of counsel of 

record and whose review of protected documents is specifically controlled by counsel; 

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vii. Experts or consultants employed by counsel of record for the purpose of assisting in these 

proceedings, preparation for trial, and/or trial of this action. 

b. Defendants shall designate records produced pursuant to Order (1) as confidential by 

placing the following legend on any such record prior to production: 

“CONFIDENTIAL.” In the event that Defendants inadvertently fail to designate a record 

as confidential information at the time of its production, Defendants shall have five 

business days after discovery of such error to so designate the record. 

c. All documents designated as CONFIDENTIAL, and all information derived therefrom, 

shall be used solely for the purpose of preparing and litigating claims in this action and 

shall not be disclosed, directly or indirectly, or published in any medium by any party, or 

disseminated except to qualified persons. 

d. Any party to this action may proffer into evidence information designated as 

CONFIDENTIAL at time of trial or by motion or otherwise and such CONFIDENTIAL 

information may be introduced or shown to witnesses at the time of trial or on motion of 

any party, subject to normal evidentiary objections. In the event that any material 

designated as CONFIDENTIAL is used in any court proceeding in this action, it shall not 

lose its confidential status through such use, and the party using documents designated as 

CONFIDENTIAL shall maintain its confidentiality during such use, subject to the 

Court’s guidance. 

e. Any party filing with the Court information designated as CONFIDENTIAL pursuant to 

Order (1) shall file a Stipulation and Order to seal or a motion to seal consistent with 

Local Civil Rule 5(g). 

f. Any party or person who knowingly violates this Order may be held in contempt of this 

Court. The Court and parties preserve the right to order or seek an award of other such 

relief as is appropriate for such disclosure. 

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g. Nothing in this Order shall preclude any party, its counsel, or any other person from 

disclosing or using, in any manner or for any purpose, any records or information not 

obtained in this action, if such records or information are lawfully obtained from a third 

party, even though the same records or information may have been produced in discovery 

as designated as CONFIDENTIAL. 

h. No later than ninety (90) days after the judgment in this action becomes final and all 

rights of appeal are exhausted, Plaintiff agrees to destroy or return all information 

designated as CONFIDENTIAL, documents, and things and all copies of the same to 

Defendants producing such information and documents. 

i. Insofar as the provisions of this Order restrict the use of information designated as 

CONFIDENTIAL, this Order shall continue to be binding after the conclusion of this 

litigation. 

(4) Plaintiff’s Motion for Attorney Fees is DENIED. 

IT IS SO ORDERED. 

DATED this 30th day of May, 2010. 

 A

RONALD B. LEIGHTON 

 UNITED STATES DISTRICT JUDGE

Presented By: 

By: _/s/ Sher S. Kung_________ 

Sarah A. Dunne, WSBA #34869 

Sher S. Kung, WSBA #42077 

705 Second Avenue, Suite 300 

Seattle, WA 98104 

Tel: (206) 624-2184 

dunne@aclu-wa.org 

skung@aclu-wa.org 

CARNEY BADLEY SPELLMAN 

James Lobsenz, WSBA#8787 

701 5th Ave Ste 3600 

Seattle, WA 98104-7010 

Tel. (206) 622-8020 

lobsenz@carneylaw.com 

Attorneys for Plaintiff

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OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

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AMERICAN CIVIL LIBERTIES UNION 

OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

(206) 624-2184 

DATED this 13th day of May, 2010. 

ACLU OF WASHINGTON FOUNDATION 

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