DAVID DOYLE, OSB# 901477 

Deschutes County Legal Counsel 

1300 NW Wall Street, Suite 205 

Bend, OR 97703 

Telephone: (541) 388-6624 

Facsimile: (541) 617-4748 

E-mail address: david.doyle@co.deschutes.or.us 

JOHN E. LAHERTY, OSB# 036084 

Deschutes County Assistant Legal Counsel 

1300 NW Wall Street, Suite 205 

Bend, OR 97703 

Telephone: (541) 388-6624 

Facsimile: (541) 617-4748 

E-mail address: john.laherty@co.deschutes.or.us 

Attorneys for Defendants Deschutes County, Deschutes County Sheriff 

Larry Blanton, Sergeant Bishop, Sergeant Tedd Morris, Deputy Jesse 

Hurley, Deputy Amanda Parks, Deputy David Chambers, Deputy Rick 

Benitez, Deputy Randy Thompson, Deputy Joseph Toman, and Deputy 

Marshall Looney 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

EDWIN BURL MAYS, JR., AS PERSONAL 

REPRESENTATIVE OF THE ESTATE OF 

EDWIN BURL MAYS III; EDWIN BURL 

MAYS JR., 

Civil No. 6:15-cv-00898-AA 

QUALIFIED PROTECTIVE ORDER 

(STIPULATED) 

Plaintiffs, 

vs. 

DESCHUTES COUNT, BY AND THROUGH 

THE DESCHUTES COUNTY SHERIFF'S 

OFFICE, A POLITICAL SUBDIVISION OF 

THE STATE OF OREGON, DESCHUTES 

COUNTY SHERIFF LARRY BLANTON, 

SERGEANT BISHOP, SERGEANT TEDD 

MORRIS, DEPUTY JESSE HURLEY, 

DEPUTY AMANDA PARKS, DEPUTY 

DAVID CHAMBERS, DEPUTY RICK 

Page 1 of 8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NWWall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 1 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 1 of 8
BENITEZ, DEPUTY RANDY THOMPSON, 

DEPUTY JOSEPH TOMAN, AND DEPUTY 

MARSHALL LOONEY, 

Defendants. 

This matter is before the Court upon the stipulated motion of the parties for entry of a 

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

information contained in certain documents and materials. This action concerns allegations of 

civil rights violations by Deschutes County Sheriffs Office ("DCSO") jail persollllel against 

Plaintiffs, stemming from the death of Decedent Edwin Burl Mays III. The parties anticipate 

that certain documents and materials exchanged in discovery will relate to DCSO procedures and 

investigations, DCSO employees' persollllel and disciplinary records, the Deschutes County 

Jail's layout and procedures, and personally identifiable health information of one or more 

parties and/or Edwin Burl Mays III. The parties agree that entry of this Stipulated Protective 

Order is warranted to protect against disclosure of such documents, materials and information. 

The Court being fully advised, and for good cause shown, it is hereby ORDERED as 

follows: 

1. The parties in this case shall produce certain documents and materials under the 

terms and conditions set forth in this Stipulated Protective Order, specifically: 

(A) any persollllel record, performance evaluation or assessment, record 

of complaint, record of internal investigation, or record of disciplinary 

action relating to a Deschutes County Defendant; 

(B) any medical record, psychological record or other personally 

identifiable health information of a party or Edwin Burl Mays, III; and 

(C) any information that tends to reveal the physical layout or internal 

procedures or operations of the Deschutes County Adult Jail facility or its 

staff; and 

Page 2 of 8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NW Wall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 * * • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 2 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 2 of 8
(D) any other information that the parties agree, or the Court orders, be 

considered a Protected Document 

All of the above-referenced documents, materials and information are collectively 

referred to herein as the "Protected Documents." 

2. Any document, material or information that a producing party believes constitutes 

a Protected Document shall be labeled "Confidential- Subject to Protective Order" by the 

producing party. Such document, material or information shall be considered a Protected 

Document for all purposes herein, until and unless (a) that designation is withdrawn by the 

producing party or (b) the Court, upon motion of a party, determines that it is not a Protected 

Document. 

3. Protected Documents will be subject to the following protections and restrictions: 

a. The parties to this action are prohibited from using a Protected 

Document for any purpose other than this litigation and any related 

appellate or derivative proceeding. 

b. A Protected Document shall only be disclosed to the parties, their 

respective counsel of record, the author of the document, a court reporter 

or videographer reporting a deposition in this case, the Court and its 

authorized personnel, and any independent consultant or expert witness 

retained by a party or its attorneys for purposes of this litigation, but only 

to the extent necessary to further the interest of a party in this litigation. 

Before disclosing any Protected Document to any person, counsel for the 

disclosing party shall advise the person that pursuant to this Protective 

Order, the recipient shall not divulge any Protected Document or any 

infotmation contained therein to any other person, that such document, 

material or information shall only be used for the purpose of litigating this 

Page 3 of8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NW Wall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 3 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 3 of 8
action and for no other purposes, and that failure to comply with these 

restrictions shall expose the person to civil and/or criminal penalties. 

c. Protected Documents shall not be filed with the Court or included 

in whole or in part in any pleadings, motions, briefs, etc. filed in this 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 2, 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. The parties may electronically 

file documents under seal in accordance with the requirements of LR 3-

7(b). 

d. This Protective Order shall not affect the admissibility of any 

document or material, or any information contained therein, at any 

deposition, trial or hearing. 

e. Any document or material responsive to any future request for 

production that is within the categories of the Protected Documents 

identified herein shall be produced in accordance with the terms of this 

Protective Order. Notwithstanding the foregoing, this Protective Order 

shall not constitute a waiver of any claim of privilege or any objection to 

disclosure or production of a document or material. 

f. This Protective Order shall remain in effect except as otherwise 

agreed by written stipulation of the parties or ordered by this Court. 

g. Other Persons Agreed to by the Parties. Aside from those persons 

to whom disclosure ofProtected Documents is specifically authorized by 

this Protective Order, Protected Documents may only be disclosed to a 

Page 4 of8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NWWall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 4 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 4 of 8
person upon written consent of all parties' counsel, and only upon such 

person's agreement in writing to all of the terms of this Protective Order 

relating to disclosure, use, reproduction, and return/destruction of 

Protected Documents. If counsel cannot agree on whether a specified 

person shall have access to Protected Documents, the Court shall resolve 

the disagreement. 

h. Other Persons Authorized by the Court. After notice to all parties 

in a hearing, Protected Documents may be disclosed upon a showing of 

good cause to other persons authorized by the Court. Persons authorized 

by the Court to receive Protected Documents shall agree in writing to all 

of the terms of this Protective Order relating to disclosure, use, 

reproduction, and return/destruction of Protected Documents. 

i. Making Copies. Copies and extracts of Protected Documents may 

be made for persons to whom disclosure is authorized, provided that all 

copies and extracts are marked "Confidential- Subject to Protective 

Order." 

4. No more than fourteen (14) days after conclusion of this litigation (including any 

appeal), any Protected Document provided to a party, and any copies thereof that are not part of 

an official transcript or record, shall be returned to the originating pruiy or destroyed. 

5. Prior to producing any document or material in response to a discovery request, 

the Deschutes County Defendants may redact the following information from such document or 

material: 

a. The social security number, home address( es ), telephone numbers, 

email addresses, and/or driver's license number of any Deschutes County 

employee, and the name, home address( es ), telephone numbers, email 

Page 5 of8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NWWall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 5 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 5 of 8
addresses, and/or driver's license number of any immediate family 

member or ex-family member of such employee; and 

b. Other personal information relating to any person, as agreed to by 

the parties in writing or as ordered by the court. 

6. The terms of this Protective Order do not restrict the disclosure or use of any 

document, material or information legally obtained through means or sources outside of this 

litigation. 

7. The inadvertent failure of a party to label a document or material as 

"Confidential-Subject to Protective Order" shall not operate as a waiver of that party's right to 

later designate it as a Protected Document. The receiving party or its counsel shall not disclose 

such document or material 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 a 

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 the document or material 

and shall make reasonable efforts to retrieve such document or material and to prevent further 

disclosure. 

8. LR 3-7 Notice: Plaintiffs the Estate ofEdwin Burl Mays III and Edwin Mays, Jr. 

and defendants, Deschutes County, Deschutes County Sheriff Larry Blanton, Sergeant Bishop, 

Sergeant Tedd Morris, Deputy Jesse Hurley, Deputy Amanda Parks, Deputy David Chambers, 

Deputy Rick Benitez, Deputy Randy Thompson, Deputy Joseph Toman, and Deputy Marshall 

Page 6 of 8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NWWall street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 6 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 6 of 8
Looney through their respective counsel, are to have remote, electronic access to Protected 

Documents pursuant to the terms of this Protective Order. 

IT IS SO ORDERED. 

US DISTRICT 

~ClRvvV COURT JUDGE 

Page 7 of 8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNlY LEGAL COUNSEL 

1300 NW Wall Street, Suite 205, Bend, Oregon 97703 

541·388-6623 * • • Fax: 541·617·4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 7 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 7 of 8
AGREED AND ACCEPTED: 

Jennifer U. Coughlin 

Brothers, Hawn and Coug 

974 NW Riverside Blvd. 

Bend, OR 97701 

Email: j lc@brotherslaw .com 

Tel: 541.382-5885 

Fax: 541.382-3328 

Attorney for Plaintiffs 

David Doyle, OSB # 901477 

Deschutes County Legal Counsel 

1300 NW Wall Street, Suite 205 

Bend, OR 97703 

Telephone: (541) 388-6624 

Facsimile: (541) 617-4748 

E-mail address: david.doyle@co.deschutes.or.us 

Attorney for County Defendants 

Page 8 of 8, STIPULATED QUALIFIED PROTECTIVE ORDER 

DESCHUTES COUNTY LEGAL COUNSEL 

1300 NW Wall Street, Suite 205, Bend, Oregon 97703 

541-388-6623 • • • Fax: 541-617-4748 Mays v. Deschutes County, et al; 6:15-cv-00898-AA 

Motion for Qualified Protection Order 

Exhibit A, Page 8 of 8 

Case 6:15-cv-00898-AA Document 22 Filed 07/29/15 Page 8 of 8