Page 1 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

J. SCOTT MOEDE, Oregon State Bar ID Number 934816 

Chief Deputy City Attorney 

Email: scott.moede@portlandoregon.gov

Office of City Attorney 

1221 SW 4th Avenue, Suite 430 

Portland, OR 97204 

Telephone: (503) 823-4047 

Facsimile: (503) 823-3089 

Attorney for Defendants City of Portland, Oregon, and City of Portland Police Bureau 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

ROBERT LEE WEST, 

 PLAINTIFF, 

 v. 

CITY OF PORTLAND, OREGON, and 

CITY OF PORTLAND POLICE BUREAU,

 DEFENDANTS.

3:15-cv-00715-ST

STIPULATED PROTECTIVE ORDER 

It is hereby stipulated and agreed by and between the respective parties hereto by their 

counsel of record that the City of Portland will produce for discovery and inspection certain 

documents for initial disclosures and in response to requests for production throughout the 

pendency of this litigation that will be subject to this Protective Order. The protected documents 

include the following categories: 

1. Files of the Internal Affairs Division. 

2. Files of the Independent Police Review (“IPR”) Division. 

THEREFORE, IT IS FURTHER ORDERED, the Protected Documents will be produced 

throughout the pendency of this litigation pursuant to the following conditions: 

1. When used in this Order, the phrase “document subject to the protective order” 

includes, but is not limited to: documents and records produced by any party or nonparty in this 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 1 of 7
Page 2 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

action whether pursuant to the Federal Rules of Civil Procedure, subpoena, or by agreement; 

responses to requests for admissions; deposition transcripts and exhibits; and any portions of any 

court papers which quote from or summarize any of the foregoing which contain confidential 

material as defined by this order and which the party designates as subject to this protective 

order. 

2. All documents subject to this Order will be designated as subject to this protective 

order by clearly marking the document as “PRODUCED SUBJECT TO PROTECTIVE 

ORDER.” The documents will also be produced on salmon colored paper. Any videotapes, 

compact discs and cassette tapes will be produced with an orange highlighted label. All copies 

of documents subject to this order made by the party receiving the produced documents will also 

be made on salmon colored paper. 

If a party, though inadvertence, fails to designate documents as “PRODUCED SUBJECT 

TO PROTECTIVE ORDER” the designating party, at its own expense, may replace the 

previously produced documents with documents marked “PRODUCED SUBJECT TO 

PROTECTIVE ORDER” in accordance with this order. All expenses related to initially 

designating or marking documents or subject to the protective order shall be the responsibility of 

the party seeking the designation. 

Documents subject to this order shall be produced segregated from other documents not 

subject to this order. For example, protective order documents produced electronically shall be 

produced on a CD or DVD containing only confidential documents containing an orange label 

stating “PRODUCED SUBJECT TO PROTECTIVE ORDER.” Documents produced on paper 

will be produced on salmon paper segregated in a separate expando folder file from nonconfidential documents. 

3. All documents, testimony, and information designated as subject to this Order 

shall be used solely for the prosecution and/or defense of this action and for no other purpose. 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 2 of 7
Page 3 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

4. No document or testimony designated as “PRODUCED SUBJECT TO 

PROTECTIVE ORDER” and no information contained in it or obtained from it may be disclosed 

to any person other than: 

a. The parties in this action and their agents, including but not limited to their insurers 

or self insurers, authorized to assist them in this litigation; 

b. Counsel for the parties in this action and their staff; 

c. The Court, its staff, and court reporters; 

d. Independent experts retained by counsel for the parties to assist them in this 

litigation, including litigation consultants, electronic discovery consultants, jury 

consultants and mock jurors selected by counsel in preparation for trial; 

e. Actual and potential witnesses to the extent reasonably necessary to prepare for 

trial; and 

Any person to whom such documents or information contained therein is to be disclosed 

shall first be advised by counsel making the disclosure that, pursuant to this protective order, 

such person may not divulge any such documents or information to any other person and that 

such documents and information shall be used only for the purpose of prosecuting this action. 

Further, counsel making the disclosure shall require each such person to read and sign the 

“Disclosure Statement for Confidential Material” attached hereto as Exhibit 1 and 

incorporated by reference. 

5. In the event that any of these documents or the information contained therein is 

included with, or the contents thereof are in any way disclosed in, any pleading, motion or other 

paper filed herein, the party filing such documents will seek to file the documents under seal by 

following the procedures for federal court. The party filing such sealed documents must assess 

whether redaction is a viable alternative to filing under seal wherever possible. 

///// 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 3 of 7
Page 4 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

6. This Protective Order shall not affect the admissibility of any document or 

information covered herein. 

7. To the extent that any party’s attorneys ask questions in any depositions which 

relate to any documents subject to the protective order, all such portions of those depositions 

shall be sealed by the court reporter. The reporter shall separately transcribe those portions of 

the testimony so designated and shall mark the face of the transcript as “PRODUCED SUBJECT 

TO PROTECTIVE ORDER.” The designating person may also make such a designation after 

reading the deposition transcript if that person determines that testimony should have been but 

was not designated “PRODUCED SUBJECT TO PROTECTIVE ORDER” during the 

deposition. The designating person shall pay all expenses related to such designation. Sealed 

portions of depositions shall be available only to those entitled to review the documents subject 

to this Order. 

8. Nothing in this order shall prevent any party or non-party to this action from 

seeking modification of this order or from objecting to discovery which it believes to be 

otherwise improper. The production of documents subject to this Order shall not constitute a 

waiver of any privilege or other claim or right of withholding or confidentiality which the parties 

may have. 

9. Any documents responsive to any future request for production that are with the 

categories of the Protected Documents (e.g., personnel records) shall be produced in accordance 

with the terms of this Protective Order. 

10. No party will lodge an objection to any request by the producing party made to 

the Court that any portion of the materials, listed as PROTECTED DOCUMENTS in the first 

part of this Order, that are offered or admitted as an exhibit, and become part of the record in this 

case, be sealed by the Court at the conclusion of this litigation. 

///// 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 4 of 7
Page 5 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

11. Within 60 days after the final conclusion of this action, the materials furnished to 

any party subject to this Protective Order and all copies, or reproductions in any format made 

by anyone of such documents or information contained therein shall be returned upon request to 

each party’s counsel of record. The party requesting return of protected documents shall provide 

the Bates numbers of the documents to be returned. 

If any attorney receiving protected documents scans protective order documents in any 

format, at the conclusion of this action, all such electronic files shall be deleted as well as 

removed and cleared from the hard drive. When the receiving attorney returns the paper copies, 

tapes, CDs, DVDs, etc. of the documents to the producing attorney, the receiving attorney will 

provide a certification that: (1) all documents, copies or reproductions in any format of such 

documents or written material recording the information contained in such documents are being 

returned to the producing attorney; and (2) all electronic files have been deleted, as well as 

removed and cleared from the hard drive, and are no longer retrievable by the receiving attorney 

in any form. Documents subject to the protective order which contain attorney work product 

must be shredded and destroyed and counsel must send an affidavit or declaration stating that 

destruction has occurred. The receiving attorney will make arrangements to have these 

documents appropriately segregated and marked so that their office will be prepared to comply 

with the terms of this Order when required to do so by its terms. 

This provision does not include any deposition transcripts or documents marked and used 

as exhibits in court which may be retained by counsel of record in their files. 

12. The obligations of non-disclosure imposed by this Order shall continue in full 

force and effect beyond and notwithstanding the termination of this action. 

13. This Protective Order shall remain in effect until agreed otherwise by written 

stipulation signed by counsel for the parties hereto and filed herein, or until modified or 

terminated by order of this Court upon good cause being shown. 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 5 of 7
Page 6 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

DATED: ____11/10/2015______ __/s/ Greg Lockwood___________________ 

 Greg Lockwood 

 Attorney for Plaintiff 

DATED: _____11/12/2015_____ __/s/ J. Scott Moede ___________________ 

 J. Scott Moede 

 Chief Deputy City Attorney 

 For Defendants 

DATED this ______day of ___________________, 2015. 

 _________________________________ 

 Judge 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 6 of 7
Page 7 – STIPULATED PROTECTIVE ORDER 

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

O O GO

DISCLOSURE STATEMENT FOR CONFIDENTIAL MATERIAL 

I, _________________________, of ______________________________, located at 

____________________________________________________________ hereby agree to be 

bound by the terms and conditions of the Stipulated Protective Order dated _______________, in 

the action entitled Robert Lee West v. City of Portland, et al., Case No. 3:15-cv-00715-ST. I 

have reviewed the Stipulated Protective Order and am familiar with its contents. 

 I have received material represented to me to constitute confidential material in the 

aforesaid action. I will only make such copies or notes as are essential to enable me to render the 

assistance required in connection with this litigation. Such notes and copies shall be preserved in 

a separated file marked for disposal or destruction upon completion of this litigation. I will not 

reveal the contents of the confidential material to any unauthorized person. I will not use 

confidential material for any purpose other than the prosecution or defense of this action. 

 I declare under penalty of perjury under the laws of the State of Oregon that the foregoing 

is true and correct and that I executed this document on _______________________, at 

___________________________________________________________________________. 

 __________________________________ 

 (Name of Individual) 

 

 __________________________________ 

 (Title) 

 

 __________________________________ 

 (Date) 

Case 3:15-cv-00715-ST Document 24 Filed 11/12/15 Page 7 of 7