STIPULATION AND ORDER OF PROTECTION FOR 

PERSONNEL AND INVESTIGATIVE RECORDS - 1 

(C05-5797 RJB) 

 MAGISTRATE JUDGE KAREN L. STROMBOM 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

DENNIS E. JORDAN and JEANETTE 

A. JORDAN, husband and wife, 

 Plaintiffs, 

 vs. 

CITY OF TACOMA, a municipal 

corporation; TACOMA POLICE 

DEPARTMENT, a subdivision of the 

City of Tacoma; MICHAEL GOETZ, 

individually and in his official capacity 

as a Tacoma Police Officer; GARY 

ROBERTS, individually and in his 

official capacity as a Tacoma Police 

Officer; and JOHN OTIS, individually 

and in his official capacity as a 

Tacoma Police Officer,

 Defendants. 

 

NO. C05-5797 KLS 

STIPULATION AND ORDER OF 

PROTECTION FOR PERSONNEL 

AND INVESTIGATIVE RECORDS 

STIPULATION 

 COME NOW the parties, by and through their attorneys, and stipulate to 

the entry of a protective order prohibiting the disclosure of certain discovery 

materials. For the purposes of this stipulation and order, the term “discovery 

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STIPULATION AND ORDER OF PROTECTION FOR 

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materials” shall mean the documents and materials identified in paragraph 1 

herein, whether produced in response to requests for production, responses to 

interrogatories, or deposition testimony. 

1. It is agreed by the parties that the following discovery materials 

are the subject of and protected by this Stipulation and Order: 

Any and all personnel records relating to any current or former 

City of Tacoma employee, including, but not limited to, job 

applications, resumes, performance evaluations, internal or 

external investigations of said employees, all documents that 

relate to the manner or method by which said employees 

performed their job duties, and any other materials typically 

included in the files and documents for such employees. 

2. It is stipulated that the discovery materials described in paragraph 

1, supra, will only be disclosed to the parties, their attorneys, and persons 

assisting counsel in the preparation of this litigation, including consulting and 

trial experts. It is further stipulated that such documents shall be held strictly in 

confidence and shall not be disclosed to anyone else, by the parties or by their 

attorneys. It is further stipulated that before being provided access to any 

documents protected by this order, all persons assisting counsel in the 

preparation of this litigation shall be shown a copy of this Stipulation and Order 

and advised that they are bound by its terms. 

3. It is stipulated that the discovery materials described in paragraph 

1, supra, may be used in depositions without the necessity of sealing the 

documents first and may be shown to persons at deposition, provided there is a 

need to do so. 

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4. It is stipulated that, prior to any of the documents described in 

paragraph 1, supra, being filed with the court as an exhibit to a pleading, the 

offering party shall give the opposing party at least five (5) days notice of its 

intent to offer such exhibit. The parties shall then confer in good faith about the 

need to ask the court to place the exhibit under seal. If the parties cannot 

agree, the opposing party shall be given a reasonable opportunity to move for 

an order placing such exhibit under seal. 

5. The parties further agree that nothing contained in this Stipulation 

and Order affects in any way or to any degree the admissibility of any discovery 

material or any information disclosed under the terms of this Stipulation and 

Order. The admissibility of such material and information shall be governed by 

the Federal Rules of Evidence and the Federal Rules of Civil Procedure in the 

same manner as any other potential evidence in this case. 

6. Nothing in this Stipulation and Order shall infringe upon the right 

of any party to object to providing information which is subject to the attorneyclient privilege, or which is non-discoverable on any other legitimate ground. 

 DATED this day of September, 2006. 

ELIZABETH A. PAULI, City Attorney LAW OFFICES OF MONTE HESTER 

By: By: 

 JEAN P. HOMAN BRETT A. PURTZER 

 WSBA #27084 WSBA #17283 

 Attorney for Defendants Attorney for Plaintiffs 

/ 

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STIPULATION AND ORDER OF PROTECTION FOR 

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ORDER

 Based upon the above stipulation, 

 IT IS HEREBY ORDERED that the discovery materials described in the 

above Stipulation shall not be disclosed to anyone other than the parties, their 

attorneys or persons assisting counsel in the preparation of this litigation; and it 

is further 

 ORDERED that the discovery materials described in the above 

Stipulation shall be treated in accordance with the terms of the Stipulation. 

 DATED this 16th day of October, 2006. 

A

Karen L. Strombom 

United States Magistrate Judge 

 

Presented by: 

ELIZABETH A. PAULI, City Attorney 

By: (original signed)

 JEAN P. HOMAN 

 WSB #27084 

 Assistant City Attorney 

Of Attorneys for Defendants 

Approved as to Form: 

LAW OFFICES OF MONTE HESTER 

By: (original signed)

 BRETT A. PURTZER 

 WSBA #17283 

 Attorney for Plaintiffs 

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STIPULATION AND ORDER OF PROTECTION FOR 

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CERTIFICATE OF SERVICE

 I hereby certify that on , I electronically 

filed the foregoing with the Clerk of the Court using the CM/ECF system which 

will send notification of such filing to the following: Brett A. Purtzer. 

 ______________________________ 

 JEAN P. HOMAN, WSBA#27084 

 Attorney for Def. City of Tacoma 

 Tacoma City Attorney’s Office 

 747 Market Street, Suite 1120 

 Tacoma, WA 98402 

 (253) 591-5885 

 Fax: (253) 591-5755 

 jhoman@ci.tacoma.wa.us 

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