PAGE 1 – STIPULATED PROTECTIVE ORDER 

DAVID H. ANGELI, OSB No. 020244 

 david@angelilaw.com 

KRISTEN L. TRANETZKI, OSB. No. 115730 

 kristen@angelilaw.com 

Angeli Ungar Law Group LLC 

121 SW Morrison Street, Suite 400 

Portland, OR 97204 

Telephone: (503) 954-2232 

Facsimile: (503) 227-0880 

COURTNEY W. ANGELI, OSB No. 941765 

 courtney@baaslaw.com 

ROBIN BOWERFIND, OSB No. 035949 

 robin@baaslaw.com 

Buchanan Angeli Altschul & Sullivan LLP 

321 SW 4th Avenue, Suite 600 

Portland, OR 97204 

Telephone: (503) 974-5015 

Facsimile: (971) 230-0337 

Attorneys for Plaintiff John Doe 

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 

STIPULATED PROTECTIVE ORDER 
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The parties have agreed, as part of their Initial Disclosure production and anticipated 

discovery requests, that there will be the production of documents or information that at least one 

party considers to be or to contain confidential information and/or are governed by the Family 

Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”) or otherwise sensitive or 

private, 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, sensitive and/or 

private nature of the information contained in documents, interrogatory responses, responses to 

requests for admission, or deposition testimony. This action concerns allegations of gender 

discrimination in violation of Title IX, and accusations of sexual assault and illicit drug use, and 

includes claims and theories that will necessarily involve inquiry into the most intimate details of 

parties and nonparties personal and sexual activities. The parties expect to seek and provide 

discovery which will include student education records protected by FERPA or other 

confidential or sensitive personal information. The parties agree that the entry of this Stipulated 

Protective Order (“Protective Order”) is warranted to facilitate discovery in this matter and 

provide for the protection of non-party student records under FERPA, as well as confidential 

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” or "Attorney Eyes Only" shall be used only in this proceeding, except 

that this Protective Order shall not restrict the rights of any producing party to the use that party's 

own documents, materials or information. 
PAGE 3 – STIPULATED PROTECTIVE ORDER 

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 subpoenaed by one of the parties, may designate as

“Confidential” or "Attorney Eyes Only" 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,” or "Attorney 

Eyes Only" if practical to do so. The Parties acknowledge that disciplinary files are likely to 

contain sensitive and private information that may be identified as being produced for “Attorney 

Eyes Only.” The Parties agree that such designations will be made and discussed in good faith. 

4. If portions of documents or other materials deemed “Confidential” or "Attorney

Eyes Only" or any papers containing or making reference to such materials are filed with the 

Court, they shall be filed in redacted form or 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 THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 7 OF 

THE PROTECTIVE ORDER. 
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ATTORNEYS' EYES ONLY 

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

SHALL BE TREATED AS FOR ATTORNEYS' EYES ONLY AND SHALL 

NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS 

DESIGNATED IN PARAGRAPH 8 OF THE PROTECTIVE ORDER. 

If a party is filing a document that it has itself designated as “Confidential” or "Attorney Eyes 

Only" 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” or "Attorney Eyes Only" then the non-designating party 

shall file the document under seal or pursuant to appropriate redactions. If the non-designating 

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” or "Attorney 

Eyes Only" 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” or "Attorney Eyes Only" 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 case, except when any portion(s) of such pleadings, 
PAGE 5 – STIPULATED PROTECTIVE ORDER 

motions, briefs, etc. have been filed under seal by counsel or appropriately redacted 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 inhouse 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, investigators, or expert witnesses (including

partners, associates and employees of the firm which employs such consultant, 

investigator, 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. 
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8. Use of any information, documents, or portions of documents marked "Attorney

Eyes Only," including all information derived therefrom, shall be restricted solely to the persons 

listed in paragraphs 7(a), 7(b), 7(d), 7(e), 7(g) and 7(g), unless additional persons are stipulated 

by counsel or authorized by the Court. 

9. 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. 

10. Whenever information designated as “Confidential” or "Attorney Eyes Only"

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 7 and 8, as appropriate, for that portion of the 

deposition, hearing or pretrial proceeding. 

11. Each party reserves the right to dispute the confidential status claimed by any

other party or subpoenaed party 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 

non-disclosure. 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 
PAGE 7 – STIPULATED PROTECTIVE ORDER 

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

of the parties or by order of the Court. 

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

“Confidential” or "Attorney Eyes Only" 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" or 

"Attorney Eyes Only.” 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 the newly-designated documents or materials, 

and shall make reasonable efforts to retrieve such documents and materials and to prevent further 

disclosure. 

13. Designation by either party of information or documents as “Confidential,” or

"Attorney Eyes Only" 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” or 

"Attorney Eyes Only." 

14. 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 
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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. 

15. This Protective Order shall not constitute a waiver of any party’s or nonparty’s

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

or other information. 

16. 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. 

17. The restrictions on disclosure and use of confidential information shall survive the

conclusion 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. 

18. Documents subject to FERPA should be produced pursuant to the judiciallyordered protocol set forth in the parties’ Stipulated Order Governing FERPA Materials. 

So stipulated: 

DATED this 1st day of September, 2015. 

ANGELI UNGAR LAW GROUP LLC 

By: s/ David Angeli

David H. Angeli, OSB #020244 

Kristen L. Tranetzki, OSB #115730 

Telephone: (503) 954-2232 
PAGE 9 – STIPULATED PROTECTIVE ORDER 

BUCHANAN ANGELI ALTSCHUL & 

SULLIVAN LLP 

Courtney W. Angeli, OSB #941765 

Robin Bowerfind, OSB #035949 

Telephone: (503) 974-5015 

Attorneys for Plaintiff John Doe 

FOLAWN ALTERMAN & RICHARDSON LLP 

By: s/ Bonnie Richardson 

 Bonnie Richardson, OSB No. 983331 

bonnie@FARlawfirm.com 

Zach Allen, OSB No. 122729 

zach@FARlawfirm.com 

Attorneys for Defendant Jane Roe 

BARRAN LIEBMAN LLP 

By: s/Paula A. Barran 

Paula A. Barran, OSB No. 803974 

pbarran@barran.com

Richard C. Hunt, OSB No. 680770 

rhunt@barran.com 

Damien T. Munsinger, OSB No. 

124022 

dmunsinger@barran.com 

Attorneys for Defendant The Reed Institute 

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: _____________________ ______________________________ 

Judge Michael W. Mosman 

2 Sep. '15 /s/ Michael W. Mosman
PAGE 10 – STIPULATED PROTECTIVE ORDER 

EXHIBIT A 

I, ______________________________, have been advised by counsel of record for 

_________________________________ in Doe v. the Reed Institute and Jane Roe, United 

States District Court, District of Oregon (Portland Division), Case No.: 3:15-cv-00617-MO of 

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

documents and information produced in this litigation. I have read a copy of the protective order 

and agree to abide by its terms. I understand that the Protective Order prohibits me from 

disclosing the documents and information further without permission. 

 ___________________________________ 

Signed 

 ___________________________________ 

Printed 

 __________________________________ 

Date