Richard G. Cohn-Lee, OSB No. 952331 

E-mail: Rich@hungerfordlaw.com 

Joel E. Hungerford, OSB No. 140940 

E-mail: Joel@hungerfordlaw.com 

THE HUNGERFORD LAW FIRl\1 

PO Box 3010 

Oregon City, Oregon 97045 

Telephone: (503) 781-3458 

Facsimile: (503) 655-1429 

Attorneys for Plaintiff-Appellant 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

MEDFORD DIVISION 

GRANTS PASS SCHOOL DISTRICT, 

Plaintiff-Appellant, 

v. 

STUDENT, 

Defendant-Appellee. 

Civil No. 1: 14-cv-0 1115-PA 

STIPULATED PROTECTIVE ORDER 

Individuals with Disabilities Education Act 

. ("IDEA") 

One or more of the parties has requested the production of documents or information that 

( 

at least one party considers to be or to contain confidential information, and that are subject to 

protection under Federal Rule of Civil Procedure 26( c). 

The parties agree that good cause exists to protect the confidential nature of the 

information contained in documents, interrogatory responses, responses to requests for 

admission, or deposition testimony. This action concerns a minor child under the age of 18 and 

his/her educational records. The parties expect to exchange documents and information relating 

1 - STIPULATED PROTECTIVE ORDER 

Case 1:14-cv-01115-PA Document 27 Filed 12/01/14 Page 1 of 7
to the minor child and his/her educational records. The parties agree that the entry of this 

Stipulated Protective Order ("Protective Order") is wa~anted to protect against disclosure of 

such documents and information. 

Based upon the above stipulation of the parties, and the Court being duly advised, IT IS 

HEREBY ORDERED as follows: 

1. All documents, testimony, and other materials produced by the parties in this case and 

labeled "Confidential" shall be used only in this proceeding. 

2. Use of any information or documents labeled "Confidential" and subject to this 

Protective Order, including all information derived therefrom, shall be restricted solely to the 

litigation of this case and shall not be used by any party for any business, commercial, or 

competitive purpose. This Protective Order, however, does not restrict the disclosure or use of 

any information or documents lawfully obtained by the receiving party through means or sources 

outside of this litigation. Should a dispute arise as to any specific information or document, the 

burden shall be on the party claiming that such information or document was lawfully obtained 

through means and sources outside of this litigation. 

3. The parties, and third parties subpot::naed by one of the parties, may designate as 

"Confidential" documents, testimony, written responses, or other materials produced in this case 

if they contain information that the producing party has a good faith basis for asserting is 

confidential under the applicable legal standards. The party shall designate each page of the 

document with a stamp identifying it as "Confidential," if practical to do so. 

4. If portions of documents or other materials deemed "Confidential" or any papers 

containing or making reference to such materials are filed with the Court, they shall be filed 

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Case 1:14-cv-01115-PA Document 27 Filed 12/01/14 Page 2 of 7
under seal and marked as follows or in substantially similar form: 

CONFIDENTIAL 

IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) 

SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE SHOWN 

TO ANY PERSON OTHER THAt"J THOSE PERSONS DESIGN A TED IN 

PARAGRAPH 7 OF THE PROTECTIVE ORDER. 

If a party is filing a document that it has itself designated as "Confidential," that party shall 

reference this Stipulated Protective Order in submitting the documents it proposes to maintain 

under seal. If a non-designating party is filing a document that another party has designated as 

"Confidential," then the non-designating party shall file the document under seal. If the nondesignating party makes a request in writing to have the document unsealed and the designating 

party does not file, within ten calendar days, a motion that shows good cause to maintain the 

document under seal, then the Court shall unseal the document. Before seeking to maintain the 

protection of documents filed with the Court, a party must assess whether redaction is a viable 

alternative to complete nondisclosure. 

5. Within thirty (30) days after receipt of the final transcript of the deposition of any party 

or witness in this case, a party or the witness may designate as "Confidential" any portion of the 

transcript that the party or witness contends discloses confidential information. If a transcript 

containing any such material is filed with the Court, it shall be filed under seal and marked in the 

manner described in paragraph 4. Unless otherwise agreed, all deposition transcripts shall be 

treated as "Confidential" until the expiration of the thirty-day period. 

6. "Confidential" information and documents subject to this Protective Order shall not be 

filed with the Court or included in whole or in part in pleadings, motions, briefs, etc., filed in this 

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Case 1:14-cv-01115-PA Document 27 Filed 12/01/14 Page 3 of 7
case, except when any portion(s) of such pleadings, motions, briefs, etc. have been filed under 

' 

seal by counsel and marked in the same manner as described in paragraph 4 above. Such sealed 

portion(s) of pleadings, motions, briefs, documents, etc., shall be opened only by the Court or by 

personnel authorized to do so by the Court. 

7. Use of any information, documents, or portions of documents marked "Confidential," 

including all information derived therefrom, shall be restricted solely to the following persons, 

who agree to be bound by the terms of this Protective Order, unless additional persons are 

stipulated by counsel or authorized by the Court: 

a. Outside counsel of record for the parties, and the administrative staff of outside 

-counsel's firms. 

_b. In-house counsel for the parties, and the administrative staff for each in-house 

counsel. 

c. Any party to this action who is an individual, and every employee, director, 

officer, or manager of any party to this action who is not an individual, but only to 

the extent necessary to further the interest of the parties in this litigation. 

d. Independent consultants or expert witnesses (including partners, associates and 

employees of the firm which employs such consultant or expert) retained by a 

party or its attorneys for purposes of this litigation, but only to the extent 

necessary to further the interest of the parties in this litigation. 

e. The Court and its personnel, including, but not limited to, stenographic 

reporters regularly employed by the Court and stenographic reporters not 

regularly employed by the Court who are engaged by the Court or the parties 

during the litigation of this action, 

f. The authors and the original recipients of the documents. 

g. Any court reporter or videographer reporting a deposition. 

h. Employees of copy services, microfilming or database services, trial support 

firms and/or translators who are engaged by the parties during the litigation of this 

action. 

8. Prior to being shown any documents produced by another party marked "Confidential," 

any person listed under paragraph 7 (c) or 7 (d) shall agree to be bound by the terms of this Order 

by signing the agreement attached as Exhibit A. 

4- STIPULATED PROTECTIVE ORDER 

Case 1:14-cv-01115-PA Document 27 Filed 12/01/14 Page 4 of 7
9. Whenever information designated as "Confidential" pursuant to this Protective Order is 

to be discussed by a party or disclosed in a deposition, hearing, or pre-trial proceeding, the 

designating party may exclude from the room any person, other than persons designated in 

paragraph 8, as appropriate, for that portion of the deposition, hearing or pre- trial proceeding. 

, 10. Each party reserves the right to dispute the confidential status claimed by any other 

party or subpoenaed part)' in accordance with this Protective Order. If a party believes that any 

documents or materials have been inappropriately designated by another party or subpoenaed 

party, that party shall confer with counsel for the designating party. As part of that conferral, the 

designating party must assess whether redaction is a viable alternative to complete nondisclosure. If the parties are unable to resolve the matter informally, a party may file an 

appropriate motion before the Court requesting that the Court determine whether the Protective 

Order covers the document in dispute. Regardless of which party files the motion, the party 

seeking to protect a document from disclosure bears the burden of establishing good cause for 

why the document should not be disclosed. A party who disagrees with another party's 

designation must nevertheless abide by that designation until the matter is resolved by agreement 

of the parties or by order of the Court. 

11. The inadvertent failure to designate a document, testimony, or other material as 

"Confidential" prior to disclosure shall not operate as a waiver of the party's right to later. 

designate the document, testimony, or other material as "Confidential." The receiving party or its 

counsel shall not disclose such documents or materials if that party knows or reasonably should 

know that a claim of confidentiality would be made by the producing party. Promptly after 

receiving notice from the producing party of a claim of confidentiality, the receiving party or its 

counsel shall inform the producing party of all pertinent facts relating to the prior disclosure of 

5- STIPULATED PROTECTIVE ORDER 

Case 1:14-cv-01115-PA Document 27 Filed 12/01/14 Page 5 of 7
the newly-designated documents or materials, and shall make reasonable efforts to retrieve such 

documents and materials and to prevent further disclosure. 

12. Designation by either party of information or documents as "Confidential," or failure 

to so designate, will not be constitute an admission that information or documents are or are not 

confidential or trade secrets. Neither party may introduce into evidence in any proceeding 

between the parties, other than a motion to determine whether the Protective Order covers the 

information or documents in dispute, the fact that the other party designated or failed to 

designate information or documents as "Confidential." 

13. Upon the request of the producing party or third party, within 30 days after the entry 

of a final judgment no longer subject to appeal on the merits of this case, or the execution of any 

agreement between the parties to resolve amicably and settle this case, the parties and any person 

' authorized by this Protective Order to receive confidential information shall return to the 

producing party or third party, or destroy, all information and documents subject to this 

Protective Order. Returned materials shall be delivered in sealed envelopes marked 

"Confidential" to respective counsel. The party requesting the return of materials shall pay the 

reasonable costs of responding to its request. Notwithstanding the foregoing, counsel for a party 

may retain archival copies of confidential documents. 

14. This Protective Order shall not constitute a waiver of any party's or non- party's right 

to oppose any discovery request or object to the admissibilitY of any document, testimony or 

other information. 

15. Nothing in this Protective Order shall prejudice any party from seeking'amendments 

to expand or restrict the rights of access to and use of confidential information, or other 

modifications, subject to order by the Court. . . ~ 

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16. The restrictions on disclosure and use of confidential information shall survive the ·' 

conchision of this action and this Court shall retain jurisdiction of this action after its conclusion 

for the purpose of enforcing the terms of this Protective Order. 

So stipulated: 

Is! Joel Hungerford 

[Counsel for Plaintiff] 

;('~ [Counsel for Defendant] 

The Court has reviewed the reasons offered in support of entry of this Stipulated 

Protective Order and finds that there is good cause to protect the confidential nature of certain 

information. Accordingly, the Court adopts the above Stipulated Protective Order in this action. 

IT IS SO ORDERED. 

DATED: I Y.u.--- ~e7llre~ 

7 - STIPULATED PROTECTIVE ORDER 

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