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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Schaun Owens,

Plaintiff,

v.

Maricopa County Community College 

District, Maricopa Skill Center, and Lisa 

Hemming, 

Defendants.

NO. 2:15-cv-01769-SPL

STIPULATED PROTECTIVE ORDER

WHEREAS the Court is advised that the discovery and pretrial phases of this action 

involve disclosure of items that one or more parties claim contain proprietary and/or 

confidential information of parties and/or third-parties, including student educational 

records protected by FERPA, 20 U.S.C. § 1232g and 34 C.F.R. § 99.30 et seq.; and

WHEREAS the parties have stipulated and agreed that the following provisions shall 

govern disclosure and use of all discovery and pretrial materials containing such proprietary 

and/or confidential information in this litigation, 

IT IS HEREBY ORDERED that the following restrictions and procedures shall

apply to certain information, documents and excerpts from documents supplied by the

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parties to each other in response to discovery requests and disclosure requirements:

1. Any party or Counsel for any party may designate any document, information 

contained in any document, information revealed in an interrogatory response or 

information revealed during a deposition, or documents produced in response to a disclosure 

requirements, in response to a request for production of documents, or in response to a 

subpoena to a non-party as confidential if the party or counsel determines, in good faith, that 

such designation is necessary to protect the interests of the a party to this action or to the 

extent the records are protected under FERPA . Information and documents designated by a 

party as confidential will be stamped “CONFIDENTIAL.” Confidential” information or 

documents may be referred to collectively as “Confidential Information.”

2. Unless ordered by the Court, or otherwise provided for herein, the Confidential 

Information disclosed will be held and used by the person and Counsel receiving such 

information solely for use in connection with the above-captioned action.

3. In the event a party challenges another party’s confidential designation, the parties 

and counsel shall make a good faith effort to resolve the dispute, and in the absence of a 

resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this 

Protective Order constitutes an admission by any party that Confidential Information 

disclosed in this case is relevant or admissible. Each party specifically reserves the right to 

object to the use or admissibility of all Confidential Information disclosed, in accordance 

with applicable law and Court rules.

4. Information or documents designated as “Confidential” shall not be disclosed by 

the non-producing party or person to any other person, except:

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(a) The requesting party or their retained counsel, including in-house counsel;

(b) Employees of such counsel assigned to and necessary to assist in the litigation;

(c) Consultants or experts retained to and assisting in the prosecution or defense of 

the matter to the extent deemed necessary by counsel;

(d) Any person from whom testimony is taken or is to be taken in these actions,

provided that (b) such a person may only be shown that Confidential Information during and 

in preparation for his/her testimony and (b) such person may not retain the Confidential 

Information;

(e) Any person who was a student at the Maricopa Skill Center’s Northwest Campus 

may be shown their own educational records (provided that, if applicable, other students’ 

names are redacted from the document shown to such person) to the extent necessary solely 

to prosecute or defend this action;

(f) Any person who is identified in the document or information as the author of any 

document or information may be shown the document or information they authored to the 

extent necessary solely to prosecute or defend this action;

(g) The Court (including any clerk, stenographer, or other person having access to 

any Confidential Information by virtue of his or her position with the Court) or the jury at 

trial or as exhibits to motions.

5. Prior to disclosing or displaying the Confidential Information to any person set 

forth in paragraph 4 above, a party or counsel shall:

(a) inform the person of the confidential nature of the information or documents; and

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(b) inform the person that this Court has enjoined the use of the information or

documents by him/her for any purpose other than this litigation and has enjoined the 

disclosure of that information or documents to any other person.

6 The Confidential Information may be displayed to and discussed with the persons 

identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or 

discussion, each such person shall be asked to sign an agreement to be bound by this Order 

in the form attached hereto as Exhibit A. In the event such person refuses to sign an 

agreement in the form attached as Exhibit A, the party desiring to disclose the Confidential 

Information may seek appropriate relief from the Court.

7. The disclosure of a document or information without designating it as

“Confidential” shall not constitute a waiver of the right to designate such document or

information as Confidential Information provided that the material is designated pursuant to 

the procedures set forth herein no later than the latter of fourteen (14) days after the close of 

discovery or fourteen (14) days after the document or information’s production. If so 

designated, the document or information shall thenceforth be treated as Confidential 

Information subject to all the terms of this Stipulation and Order.

8. All information subject to confidential treatment in accordance with the terms of 

this Stipulation and Order that is filed with the Court, and any pleadings, motions or other 

papers filed with the Court disclosing any Confidential Information, shall be filed under seal 

to the extent permitted by law (including without limitation any applicable rules of court), 

and kept under seal until further order of the Court. To the extent the Court requires any 

further act by the parties as a precondition to the filing of documents under seal (beyond the 

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submission of this Stipulation and Order Regarding Confidential Information), it shall be the 

obligation of the producing party of the documents to be filed with the Court to satisfy any 

such precondition. Where possible, only confidential portions of filings with the Court shall 

be filed under seal.

9. At the conclusion of litigation, the Confidential Information and any copies thereof 

shall be promptly (and in no event after than thirty (30) days after entry of final judgment no 

longer subject to further appeal) returned to the producing party or certified as destroyed, 

except that the parties’ counsel shall be permitted to retain their working files on the 

condition that those files will remain confidential. The foregoing is entirely without 

prejudice to the right of any party to apply to the Court for any further Protective Order 

relating to confidential information; or to object to the production of documents or 

information; or to apply to the Court for an order compelling production of documents or 

information; or for modification of this Order. This Order may be enforced by either party 

and any violation may result in the imposition of sanctions by the Court. 

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EXHIBIT A

I have been informed by counsel that certain documents or information to be

disclosed to me in connection with the matter entitled Owens v Maricopa County 

Community College District, U.S. District Court cause no. 2:15-cv-01769-SPL, have been 

designated as Confidential. I have been informed that any such documents or information 

labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER” are 

confidential by Order of the Court.

I hereby agree that I will not disclose any information contained in such documents 

to any other person. I further agree not to use any such information for any purpose other 

than this litigation.

Dated this ____ day of ________________, 20__.

___________________________________

Signed in the presence of:

____________________________________

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CERTIFICATE OF SERVICE

I hereby certify that on January 4, 2016, I electronically lodged the attached 

document using ECF and transmitted the document as follows:

By e-mail and mail to:

Schaun Owens

11342 W. Buchanan Street

Avondale, AZ 85323

Plaintiff

/s/ Kimberly Kershner

Kimberly Kershner

4522500.1

109883.005

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