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JENNIFER L. COUGHLIN OSB 065781 

Brothers Hawn & Coughlin, LLP 

974 NW Riverside Blvd. 

Bend, OR 97701 

Telephone: 541-382-5885 

Facsimi1$::: 541-382-3328 

jlc@brotherslaw.com 

MICHELLE R. BURROWS OSB 896160 

420 SW Washington Ste. 300 

Portland, OR 97204. 

Telephone: 503-241-1955 

Michelle.r.bunows@ginail.com 

Attorneys for Plaintiffs 

UNITED ST ATES DISTRJCT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

EDWIN BURL MAYS, JR. as Personal 

Representative ofTHE ESTATE OF EDWIN 

BURL MAYS III; EDWIN BURL MAYS, JR. 

PLAlt~TIFFS 

vs. 

DESCHUTES COUNTY, by and through the 

Deschutes County Sheriff's Office, a Political 

Subdivision of the State of Oregon; Deschutes 

County Sheriff LARRY BLANTON; Sergeant 

BRIAN 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, 

DEFENDANTS 

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

STIPULATED PROTECTIVE ORDER 

PERTAINING TO OREGON JAIL 

STANDARDS 

On September 17, 2015, the plaintiffs served the Oregon State Sheriff's Association (OSSA) with 

a subpoena for the Oregon Jail Standards, Policies and Criteria that were used in inspec~ions of the 

Deschutes County Jail in between 2010 and 2015, as well as copies of a.ny and all inspection reports, 

~---~-~··------

audits, and reviews of the Deschutes County Adult Jail between 2010 and 2015. The OSSA bas asserted 

that these documents are confidential and has agreed to produce these documents without opposition only 

Page 1 - STIPULATED PROTECTNE ORDER PERTAINING TO OREGON JAIL STAi'IDARDS 
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if they are subject to a protective order under Federal Rule of Civil Procedure 26( c ). The plaintiffs, 

defendants (collectively the "parties"), and the OSSA have agreed to the tenns and conditions set forth in 

this.Stipulated Protecfrve Order. 

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

information contained in documents provided by OSSA for the following reasons: The Oregon Jail 

Standards are owned by the OSSA. The OSSA is a 501 ( c )3 non-profit organization. OSSA paid a 

substantial amount of money for the standards and has incurred more money updating the standards. The 

OSSA has been offered money for these standards. They are a valuable intellectual property. The OSSA 

considers them a trade secret under Oregon law. 

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

HEREBY ORDERED as follows: 

1. All documents produced by OSSA in this case and labeled "Con:fidential, 11 and all 

information derived therefrom, shall be used only in this proceeding. 

2. The OSSA may designate as "confidential'; documents, testimony, written responses, or 

other materials produced in this case if they contain information that the OSSA has a good-faith basis for 

asserting is confidential under the applicable legal standards. 

3. This Protective Order, however, does not restrict the disclosure or use of any infonnation 

or documents lawfully obtained by the receiving party through means or sources outside of this litigation. 

Should a dispute arise as to the source of any specific infonnation 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. 

4. If a document, po11ion of a document deemed "Confidential" or any papers containing or 

making reference to such materials are filed with the Court, they shall be filed under seal and marked as 

follows or in substantially similar form: 

CONFIDENTIAL 

IN ACCORDANCE WITH A PROTECTNE ORDER, THE 

ENCLOSURE(S) SHALL BE TREATED AS CONFIDENTIAL 

AND SHALL NOT BE SHOWN TO ANY PERSON OTHER 

Page 2 - STIPULATED PROTECTNE ORDER PERTAINING TO OREGON JAIL STANDARDS 
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THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 5 

OF THE PROTECTNE ORDER. 

5. 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, Any party to this action who is an individual, and every 

employee, director, officer, of 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. 

b. Counsel for the parties, and the support and administrative staff of counsel's 

firms. 

c. 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. 

d. 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. 

e. The authors and the original recipients of the documents, 

f. Any court reporter or videographer reporting a deposition, 

g. Employees of copy services, microfilming or database services, 

trial support fums and/ or translators who are engaged by the 

parties during the litigation of this action. 

h. Representatives of insurance companies providing indemnity 

and/or defense coverage to a party to this case. 

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

any person listed under paragraph 5( c) shall agree to be bound by the terms of this Order by signing the 

agreement attached as Exhibit A or by a substantially similar agreement. 

7. Whenever information designated as "Confidential" pursuant to this Protective 

Page 3 -STIPULATED PROTECTNE ORDER PERTAINING TO OREGON JAIL STANDARDS 
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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 paragraph5, as 

appropriate, for that portion of the deposition, hearing or pretrial proceeding. 

' 8. Each party reserves the right to dispute the confidential status claimed by the OSSA in 

accordance with this Protective Order. If a party believes that any documents or materials have been 

inappropriately designated by the OSSA that party shall confer with counsel for the OSSA. As part of that 

conferral, the OSSA must assess whether redaction is a viable alternative to complete non-disclosure. ff a 

party and the OSSA are unable to resolve the matter informally, a party may file an appropriate motion 

before the Court requesting that the Court detennine 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 the OSSA's designation must nevertheless abide by that designation until the 

matter is resolved by agreement of the parties or by order of the Court. 

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

"Confidential" prior to disclosure shall not operate as a waiver of the OSSA'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 OSSA of 

a claim of confidentiality, the receiving party or its counsel shall inform the OSSA of all pertinent facts 

relating to the prior disclosme of the newly designated documents or materials, and shall make reasonable 

effotis to retrieve such documents and materials and to prevent further disclosure. 

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

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

information. 

11. Nothing in this Protective Order shall prejudice any party or the OSSA 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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12. The restrictions on disclosure and use of confidential information shall survive the 

conclusion of this action and this Colirt shall retain jurisdiction of this action after its conclusion for the 

purpose of enforcing the terms of this Protective Order. 

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 infonnation. Accordingly, 

the Court adopts the above Stipulated Protective Order in this action. 

aMACltJ~ U.S. District Court Judge 

Elmer Dickens 

General Counsel 

Ore on State Sheriffs Association 

Davi oyle, OSB #901477 

Deschutes County Legal Counsel· 

Of Attorneys for Defendants 

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EXHIBIT A 

I,·--------'-' have been advised by counsel of record for 

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o f the protective order governing the delivery, publication, and disclosure of confidential 

documents and information produced i~ this litigation. I have read a·capy of the protective order 

and agree to abide by its tenns. · 

Signed 

Printed 

Name Date 

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