PAGE 1 – PROTECTIVE ORDER REGARDING NONPARTY DISCOVERY 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

JOHN DOE, 

 Plaintiff, 

v. 

THE REED INSTITUTE 

(aka, Reed College) and JANE ROE, 

Defendants. 

 Case No.: 3:15-cv-00617-MO 

PROTECTIVE ORDER REGARDING 

NONPARTY DISCOVERY 

The Court previously ordered that Plaintiff’s and Jane Roe’s identity should be protected 

from public disclosure when it granted Plaintiff’s Unopposed Motion to Proceed under a 

Pseudonym (ECF No. 9) and adopted the parties’ Stipulated Protective Order (ECF No. 49). The 

parties may have to use Plaintiff’s and/or Roe’s real name with nonparty witnesses as part of 

their investigation and/or discovery. Entry of this Protective Order Regarding Nonparty 

Discovery (“Protective Order Regarding Nonparty Discovery”) is warranted to facilitate their 

investigation and discovery in this matter and provide for the continued protection of Plaintiff’s 

and Roe’s identities. 

Based upon the above information, and the Court being duly advised, IT IS HEREBY 

ORDERED as follows: 

1. Counsel for the parties may disclose the identity of Plaintiff and Jane Roe to 

persons who may have factual information about Plaintiff and/or Jane Roe during their factual 

investigation and/or as part of discovery but only to the minimum extent necessary to litigate this 

action. No broadcast or widespread disclosure of Plaintiff’s or Jane Roe’s identity is permitted. 

Rather, potential witnesses and/or their attorneys, as applicable, should be contacted on an 

individual basis to be informed about this Order and its requirements. 

Case 3:15-cv-00617-MO Document 66 Filed 01/11/16 Page 1 of 2
PAGE 2 – PROTECTIVE ORDER REGARDING NONPARTY DISCOVERY 

2. The person responsible for disclosure (“the Disclosing Person”) shall inform any

potential witness to whom he or she discloses Plaintiff’s or Jane Roe’s identity in connection 

with the litigation, where that potential witness did not already know either or both identity, that 

the individual should not further disclose Plaintiff’s or Jane Roe’s identity in connection with the 

litigation except: (1) as necessary to litigate this action, (2) to obtain legal advice, (3) for medical 

treatment or counseling, or (4) as may be permitted by the Court upon application by such 

potential witness. Before further disclosing Plaintiff’s or Roe’s identity to litigate this action, the 

potential witness must first obtain confirmation from the Disclosing Person that such disclosure 

is actually necessary to litigate this action. 

3. Prior to disclosing Plaintiff’s or Jane Roe’s identity to a potential witness as part

of his or her investigation and/ or discovery, the Disclosing Person shall ensure that the witness 

has first read this Order Regarding Nonparty Discovery. 

4. Prior to disclosing Plaintiff’s or Jane Roe’s identity to a potential witness as part

of his or her investigation and/or discovery, the Disclosing Person shall obtain the witness’s 

assurance that the witness will not disclose Plaintiff’s or Jane Roe’s identity to the media in 

connection with the litigation without the consent of counsel for the person whose identity is 

subject to disclosure. 

5. If any specific issues related to non-disclosure of Plaintiff’s or Jane Roe’s identity

arise during the course of litigation, counsel shall seek to resolve those issues without court 

intervention. If counsel cannot agree, they shall seek further clarification from this Court. 

DATED this 11th day of January, 2016. 

_______________________ 

MICHAEL W. MOSMAN 

United States District Judge 

/s/ Michael W. Mosman

Case 3:15-cv-00617-MO Document 66 Filed 01/11/16 Page 2 of 2