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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Mussalina Muhaymin, 

Plaintiff, 

v. 

City of Phoenix, et al., 

Defendants. 

No. CV-17-04565-PHX-SMB 

STIPULATED PROTECTIVE 

ORDER 

In accordance with FED. R. CIV. P. 26(c) and the Stipulation (Doc. 60) of Plaintiff 

Mussalina Muhaymin, as Personal Representative of the Estate of Muhammad Abdul 

Muhaymin, Jr., and Phoenix Defendants to provide for the protection of confidential, 

proprietary, and other non-public documents, information, and/or materials made available 

during discovery and disclosures in this matter, 

IT IS HEREBY ORDERED the following provisions shall govern discovery and 

disclosures exchanged between Plaintiff Mussalina Muhaymin, as Personal Representative 

of the Estate of Muhammad Abdul Muhaymin, Jr., and Phoenix Defendants in this matter. 

1. This Protective Order (“Protective Order”) shall govern all documents, 

materials, and information, whether oral, written, or demonstrative, that are produced, 

disclosed or otherwise made available by any party (“Producing Entity”) to any other party 

(“Receiving Party”) in connection with discovery or disclosures in this action (“Discovery 

Material”). 

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2. As used herein, the word “document” means: (a) all papers, documents, 

records, forms, electronic and printed, and written and electronic materials produced or 

furnished by, or obtained by the defendants, plaintiff, or third parties; (b) all copies, 

extracts, and complete or partial summaries prepared from such papers, documents, or 

electronic materials that specifically describe confidential information; (c) portions of 

deposition transcripts and exhibits thereto which specifically describe any such papers, 

documents, copies, extracts, or summaries; (d) portions of briefs, memoranda, or any other 

writings, filed with the Court, and exhibits thereto, which specifically describe any such 

papers, documents, electronic materials, copies, extracts, or summaries; but not, (e) any 

materials which in good-faith judgment of counsel are work product materials. 

3. Documents are to be designated confidential only if they contain non-public, 

confidential: (1) medical and/or mental health information that is protected under HIPAA 

or any other applicable state or federal law; (2) financial information; (3) personal 

identifying information (social security number or birth date); (4) or other private 

information wherein there exists a reasonable expectation of privacy based upon applicable 

federal or state law. If information has been filed on any court docket or offered in open 

court without being sealed or subject to specific protection from disclosure by the court, it 

will not be deemed to be confidential. Where practicable non-confidential material and 

information will not be designated as confidential. Confidential portions will be segregated 

in order to allow non-confidential portions to be treated outside of the scope of this order. 

4. “Confidential Information” shall mean any documents, evidence, testimony, 

materials, or other information, whether written or oral, exchanged, revealed, or presented 

in these proceedings, designated in good faith as “Confidential” by any party. Confidential 

Information shall include, but not be limited to: (1) private medical, physiological, and/or 

mental health records protected under HIPAA or any other applicable state or federal law; 

(2) financial information; (3) inmate records that are not-publicly available, but excluding 

housing history and any information available through public websites; (4) employment 

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records; (5) personal identifying information (social security number); (6) private 

information wherein there exists a reasonable expectation of privacy based upon applicable 

federal or state law; (7) correspondence between a plaintiff and a plaintiff’s family or 

friends, provided such documents have not previously been made public; (8) confidential 

or proprietary business information including, but not limited to, policies, practices, 

operations, data, agreements, complaints, investigations, meeting agendas, meeting 

minutes, and electronic or other written communications; and (9) information and 

documents (including electronically stored information) not generally available to the 

public as well as any copies or summaries of such information or any materials that reveal 

the contents of such information. Documents and information shall not be designated 

Confidential Information to the extent they are otherwise publicly available. 

5. All or any portion of any Discovery Material may be designated by the 

Producing Entity as Confidential Information, provided such designation is made in good 

faith. Once designated, such material shall be treated as Confidential Information under the 

terms of this Order until such designation is withdrawn by the Producing Party, or where 

applicable, the entity designating the materials as confidential (“Designating Party”), or by 

an order of this Court pursuant to good cause shown by a Challenging Party. 

6. The protections conferred by this Stipulation and Order cover not only 

Confidential Material (as defined above), but also (1) information copied or extracted from 

Confidential Material; (2) all copies, excerpts, summaries, or compilations of Confidential 

Materials; and (3) any testimony by Parties or presentation by their Counsel regarding 

documents designated as Confidential Material. 

7. Documents may be designated as Confidential Information by placing a 

stamp on each page that reads “CONFIDENTIAL.” Electronically stored information may 

be designated as Confidential Information by placing a mark that reads 

“CONFIDENTIAL” on the information or media containing the information. 

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8. Deposition exhibits or transcripts, or any portion thereof, may be designated 

as Confidential Information by making such a designation on the record at the deposition 

or by making such a designation in writing within 30 days of receipt of the deposition 

transcript by the Designating Party. Until 30 days after receipt by the Designating Party of 

the deposition transcript, the entire transcript and all exhibits shall be treated as 

Confidential Information. The Designating Party shall bear the burden of ensuring that the 

cover page and any designated portions of the original transcript or any copies of the 

transcript bear, in substance, the legend “CONFIDENTIAL – Subject to Protective Order.” 

9. Disclosures, responses to interrogatories, responses to requests for 

production of documents, information, or things, and responses to requests for admission 

may be designated as Confidential Information by placing a “CONFIDENTIAL” stamp on 

the first page of such document. 

10. A party may designate as Confidential Information documents or information 

produced by another party or a non-party within 30 days of the date of production, by 

providing written notice of the designation to the party or non-party that produced the 

documents or information. Within 15 days of the written notice, the Designating Party shall 

either (A) reproduce each page of the document(s) so designated with a stamp or label 

stating “CONFIDENTIAL,” or (B) follow the procedure set forth in Paragraph 9 for 

designating a document as Confidential Information. 

11. In the event a Producing Entity inadvertently fails to designate any Discovery 

Material as Confidential Information, that material shall still be treated as Confidential 

Information provided the Producing Entity provides written notice to the Receiving Party, 

within 30 days, designating the material as Confidential Information. Upon receipt of such 

written notice, the Receiving Party shall treat the designated material as Confidential 

Information and shall stamp or mark it accordingly, or, if the Producing Entity provides 

correctly designated copies of the material, shall destroy the mis-designated material or 

return it to the Producing Entity. The Receiving Party shall not be responsible for any use 

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or disclosure of the mis-designated material prior to receipt of such written notice, provided 

such use or disclosure was proper with respect to the material as it was designated at the 

time. Upon receipt of written notice of mis-designated material, the Receiving Party shall 

take all reasonable steps to secure the mis-designated material it has disseminated and 

ensure it is deleted, destroyed, or returned to the Producing Entity. 

12. Any party may dispute the designation of Discovery Material as Confidential 

Information by providing the designating party with written notice of the objection to the 

designation. A copy of the written notice of the objection shall be sent to all other parties 

at the same time. The written objection shall be provided by the objecting party within 

thirty (30) calendar days of receiving the information. The designating party will respond 

to the objection within 14 business days of receipt of the written objection. The producing 

party or its counsel shall respond by either: (1) agreeing to remove the designation; or (2) 

stating the reasons for such designation. If the dispute cannot be resolved informally among 

the parties and their respective counsel, it may be submitted to the Court for resolution by 

following the procedure established by the Court to resolve discovery disputes. The 

Challenging Party shall bear the burden of persuasion as to the propriety of the 

confidentiality designation. The Challenging Party shall not make any disclosure pending 

informal resolution by the parties, while a motion to allow or to bar such disclosure is 

pending, or while any appeal or request for review or reconsideration pertaining to such a 

motion is pending. Nothing in this Order, or the acceptance of documents under this Order, 

waives any party’s rights to object to the classification of any information as Confidential 

Information and to submit the issue to the Court for resolution. Nor does anything in this 

Order require a party to produce such Confidential Information. 

13. The Receiving Party shall not disclose or permit disclosure of Confidential 

Information to any other person or entity, except to: 

a. the Receiving Party; 

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b. any officers, directors, agents or employees of the Receiving Party to 

whom disclosure is reasonably necessary for purposes of prosecuting 

or defending this action; 

c. counsel for the Receiving Party in this action and employees of such 

counsel to whom disclosure is reasonably necessary for purposes of 

prosecuting or defending this action; 

d. actual or potential consulting or testifying experts retained by a party 

to assist that party or its counsel in this litigation, and the expert’s 

employees or support staff, to the extent reasonably necessary to 

provide such assistance; 

e. experts or professional advisors and the persons regularly employed 

in their offices retained by a party to assist in this litigation, but only 

to the extent necessary for such persons to perform their assigned 

tasks within this action; 

f. any individual identified in a disclosure statement or discovery 

response as a witness or potential witness in this action, to the extent 

reasonably necessary to assist a party or its counsel in this litigation, 

and provided the witness or potential witness does not retain copies 

of such documents and they are only shown the documents for 

purposes of gathering discovery and information for use in this case 

only; 

g. a court reporter and/or videographer at a deposition; 

h. the Court and any Judge, clerk, or court employee with responsibility 

over any aspect of this litigation; and 

i. any other person to whom the Designating Party agrees in writing in 

advance of disclosure, or to whom the Court permits or orders 

disclosure. 

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14. No Confidential Information may be disclosed to any person in accordance 

with subsections (b), (d), (e) or (f) of Paragraph 13 of this Order unless such person has 

agreed to be bound by the terms of this Order by signing the Confidentiality Agreement 

attached hereto as Exhibit A. Counsel for the parties shall retain the signed Confidentiality 

Agreements they obtain. 

15. Confidential Information may be used and disclosed only for the prosecution 

and defense of this litigation, including any appeals. 

16. Any non-party that produces documents in this action may designate the 

documents it produces, in response to a subpoena or otherwise, as Confidential Information 

pursuant to the procedures described herein. A party who serves a subpoena duces tecum 

or other discovery request on a non-party shall serve a copy of this Protective Order 

simultaneously with that discovery request, or, if the subpoena or request has already been 

served, within ten (10) days of the Court’s entry of the Order. Any party may challenge a 

non-party’s designation of material as Confidential Information in the same manner as the 

parties may challenge designations by each other. 

17. In the event a party wishes to use any Confidential Information in any papers 

filed in this action, that Party shall make a motion to file such papers under seal with the 

Court pursuant to Local Rule of Civil Procedure 5.6, that sets forth the articulated bases 

with specific factual findings demonstrating the compelling reasons for sealing materials 

attached to dispositive motions and/or the good cause for sealing other attached or used 

materials. 

18. If any Confidential Information is disclosed to any person other than as 

permitted by Paragraph 13 of this Order, the party responsible for the disclosure shall, upon 

discovery of the disclosure, immediately inform the Producing Entity and/or Designating 

Party whose information is disclosed of all facts pertinent to the disclosure, including the 

name, address, and employer of the person to whom the disclosure was made. The party 

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responsible for the disclosure shall take all reasonable steps to prevent any further 

disclosure of the Confidential Information. 

19. Nothing in this Order shall be construed to limit a Producing Entity’s use or 

disclosure of its own materials. 

20. The terms of this Protective Order shall in no way affect the right of any 

person or party (a) to withhold information on grounds of immunity from discovery such 

as, for example, the attorney-client communication privilege or work product doctrine; or 

(b) to raise or assert any defenses or objections to the use, relevance or admissibility at trial 

of any evidence, whether or not comprised of information or documents furnished subject 

hereto. 

21. It is not a violation of this Protective Order for copies of documents 

containing Confidential Information to be made, or exhibits prepared, by independent copy 

or scanning services, printers, or illustrators for the purposes of this action so long as the 

service vendor is willing to comply with the signed-agreement provisions of Paragraph 14 

as described above. 

22. The provisions of the Protective Order are without prejudice to the right of 

any party to: (a) apply to the Court for a further protective order relating to any Confidential 

Information or relating to discovery in this litigation, (b) apply to the Court for an order 

removing the Confidential Information designation (subject to the procedure described 

above) and (c) apply to the Court for an order permitting use or disclosure of particular 

documents marked as Confidential. 

23. Claw-Back: There shall be no waiver by disclosure. This Order is entered 

pursuant to Federal Rule of Evidence 502(d). Subject to the provisions of this Order, if a 

Disclosing Party discloses information in connection with this pending litigation that the 

Disclosing Party thereafter claims, in good faith, to be privileged or protected, the 

disclosure of that information will not constitute or be deemed to be a waiver or forfeiture 

in this action or any other action, of any claim of privilege or protection that the Disclosing 

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Party would otherwise be entitled to assert with respect to that information and its subject 

matter. This section also applies to third parties responding to a subpoena duces tecum, 

where a party contends that documents were released by the third party before the time 

provided under the Federal Rules of Civil Procedure for objections, or released in spite of 

objections and where the time frame for seeking relief from the Court has not passed. The 

parties agree to the following claw-back procedures for inadvertently disclosed documents: 

a. For the purposes of this claw-back agreement, an inadvertently 

disclosed document is a document, material, or information (including 

but not limited to electronic data) that could have been withheld, in 

whole or in part, based on a legitimate claim of attorney-client 

privilege, work-product protection, other applicable privilege, or 

which contains or reflects the impressions, conclusions, opinions, 

legal research or theories of legal counsel. 

b. A party does not waive any claim of privilege as to any inadvertently 

disclosed document. 

c. If a party receives or discovers documents, material, or information 

that the party knows or has any reason to believe constitute an 

inadvertently disclosed document, the receiving party shall: (1) 

promptly notify the producing party and immediately refrain from 

reading the item; (2) promptly and permanently delete electronic files 

and data and destroy paper documents; and (3) certify in writing to 

the producing party that the files, data, and documents have been 

properly deleted or destroyed. 

d. If a party discovers that it has produced an inadvertently disclosed 

document, the producing party shall notify any other party within 15 

calendar days from the date that the party reasonably becomes aware 

of the inadvertent disclosure, of its claim of privilege pertaining to the 

inadvertently disclosed document. On receiving this notice, the other 

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parties shall: (1) immediately refrain from reading the item; (2) 

permanently delete electronic files and data and destroy paper 

documents; and (3) certify in writing to the producing party that the 

files, data, and documents have been properly deleted or destroyed. If 

a document is part of a filing with the Court, the party invoking this 

paragraph will raise the issue with the filing party, and the filing party 

will either withdraw the document or the parties will agree to brief the 

issue for the Court, but the filing party shall have no obligation to 

withdraw the document from the record until the Court resolves the 

dispute. In no event is a party required to destroy filings with the 

Court. 

e. Within 20 calendar days of the producing party becoming aware of 

the disclosure of an inadvertently disclosed document, the producing 

party shall serve a privilege log on the other parties covering the 

clawed-back documents, material, or information. 

f. Subject to the foregoing, if a dispute develops as to whether a 

privilege exists, all parties shall not disclose, offer, or otherwise use 

the disputed material in any way, including in these proceedings 

(other than as necessary to raise the dispute over the document with 

the court), until the issue is resolved by the parties or the Court. 

24. Within sixty (60) days of the final termination of this action (including all 

appeals), any party who has received any Confidential Information shall destroy all such 

information that is in its possession, except that counsel of record for each party may keep 

a copy of all pleadings, motion papers and other filings in this litigation, deposition or 

hearing transcripts, correspondence, any records related to the litigation that counsel would 

normally retain, and any attorney work-product that contains Confidential Information. 

Within the same time period, the Receiving Party also shall provide written certification to 

the Designating Party that all Confidential Information was destroyed in accordance with 

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this Protective Order and that affirms that the Receiving Party has not retained any copies, 

abstracts, compilations, summaries, or any other format reproducing or capturing any of 

the Confidential Information, other than as described above. 

25. The Court retains jurisdiction during and after final disposition of this action 

to enforce this Order and to make such amendments, modifications, deletions, and 

additions to this Order as the Court may from time to time deem appropriate or as may be 

requested by the parties. 

26. Any party may seek remedial relief in this Court for a breach or threatened 

breach of this Order in accordance with applicable law. 

Dated this 8th day of May, 2019. 

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