[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION 

FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE 

WITH NON-PARTY WITNESSES BY DEFENDANTS -- Page 1 

Case No. C06-5195-RBL 

AMERICAN CIVIL LIBERTIES UNION 

OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

(206) 624-2184 

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 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 FOR PROTECTIVE ORDER 

PROHIBITING INTERFERENCE 

WITH NON-PARTY WITNESSES BY 

DEFENDANTS 

 Pending before the Court is Plaintiff’s Motion for Protective Order Prohibiting 

Interference With Non-Party Witnesses by Defendants. Having considered all argument 

submitted by the parties and finding good cause, the Court hereby GRANTS Plaintiff’s motion 

for a protective order and HOLDS that the Department of Defense (“DoD”) Touhy regulations, 

specifically 32 C.F.R. §§97.1-.6, DoD Directive 5405.2, and Air Force Instruction (AFI) 51-301, 

Chapter 9, do not apply to this litigation because the federal government is a party. The Court 

further FINDS that the Defendants’ instruction to non-party former and current Air Force 

employees requiring Air Force consent before non-party former and current Air Force employees 

may voluntarily speak with counsel for Plaintiff concerning this litigation is contrary to 

Washington Rules of Professional Conduct 3.4(a). 

Case 3:06-cv-05195-RBL Document 87 Filed 05/17/10 Page 1 of 2
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION 

FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE 

WITH NON-PARTY WITNESSES BY DEFENDANTS -- Page 2 

Case No. C06-5195-RBL 

AMERICAN CIVIL LIBERTIES UNION 

OF WASHINGTON FOUNDATION

705 Second Avenue, Suite 300 

Seattle, Washington 98104-1799 

(206) 624-2184 

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As a remedy, the Court further ORDERS the counsel for Defendants to issue a curative 

instruction in writing to all current unit members of the 446 AES stating as follows: 

“Instruction re: Witt v. Air Force

Prior briefings regarding required procedures if contacted by Major Witt’s attorneys in 

the above lawsuit are no longer applicable. Thus, unit members do not need to report to 

Public Affairs or to Command if contacted by Plaintiff’s counsel. Unit members do not 

need permission from DoD personnel to speak with Plaintiff’s counsel in the above case. 

If you are contacted by Plaintiff’s counsel you may, but are not required to, talk to that 

person. Public Affairs and or Command would prefer to have a person present when you 

are interviewed but cannot require prior consent or impose participation or attendance by 

a government representative. 

The above written briefing overrides any previous contrary briefing regarding this 

matter.” 

IT IS SO ORDERED. 

DATED this 17th day of May, 2010. 

 A

RONALD B. LEIGHTON 

 UNITED STATES DISTRICT JUDGE

Presented By: 

 DATED this 16 day of April, 2010. 

ACLU OF WASHINGTON FOUNDATION 

By: _/s/ Sarah A. Dunne______________ 

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

Case 3:06-cv-05195-RBL Document 87 Filed 05/17/10 Page 2 of 2