Moody et al v. Grant County et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
JONATHAN MOODY, an individual,
and KIRSTEN JONES, an individual

Plaintiffs,

v.

GRANT COUNTY
; RYAN
RECTENWALD and “JANE/JOHN
DOE”
RECTENWALD, husband and
wife and the marital
community
thereof; JUAN NIEBLA and
“JANE/JOHN DOE” NIEBLA,
husband and wife and the marital
community thereof; MATTHEW
TEMPEL and “JANE/JOHN DOE”
TEMPEL, husband and wife and the
marital community thereof;
NICHOLAS
OVERLAND and
“JANE/JOHN DOE” OVERLAND,
husband and wife and
the marital
community thereof; KYLE
FOREMAN and “JANE/JOHN DOE”
FOREMAN, husband and wife, and
the
marital community thereof; LIVE
NATION ENTERTAINMENT, INC.;
and DOES I
through X, individuals
and business entities
;

Defendants.
No. 2:25-CV-00022-MKD

STIPULATED PROTECTIVE
ORDER

ECF No. 15
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. M
CAVOY, CLERK
Jun 02, 2025
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Before the Court is the parties’ request for Stipulated Protective Order, ECF
No. 15. The Court finds good cause under Fed. R. Civ. P. 26(c) to issue the
Stipulated Protective Order to prevent certain categories of information produced
by a party in discovery in this matter to prevent annoyance, embarrassment,
oppression, or undue burden or expense.
Accordingly, IT IS HEREBY ORDERED:
1. The parties’ request for Stipulated Protective Order, ECF No. 15, is
GRANTED.
PROTECTIVE ORDER
I. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
proprietary, private or otherwise sensitive information for which special protection
may be warranted. Accordingly, Plaintiffs Jonathan Moody and Kirsten Jones
(“Plaintiffs”) and Defendant Live Nation Entertainment, Inc. (“Live Nation”),
Grant County Sheriff’s Department, Grant County Sheriff Ryan Rectenwald, Juan
Niebla, Matthew Tempel, Nicholas Overland, and Kyle Foreman (“Grant County
Defendants”) (collectively “the Parties”) hereby stipulate to and petition the Court
to enter the following Stipulated Protective Order.
The Parties acknowledge that this agreement is consistent with Federal Rule
of Civil Procedure 26(c). It does not confer blanket protection on all disclosures or
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responses to discovery. The protection it affords from public disclosure and use
extends only to the limited information or items that are entitled to confidential
treatment under the applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
The Parties acknowledge this Protective Order applies to discovery, pre-trial,
and post-trial proceedings. This Protective Order binds the parties and their
respective agents, successors, personal representatives, and assignees.
The Parties agree that the entry of this Stipulated Protective Order is
warranted to facilitate discovery while protecting against disclosure of information
that is confidential, private and/or otherwise sensitive.
II. “CONFIDENTIAL” MATERIALS
“Confidential” material may include, but is not limited to, the following
documents and tangible things that may be produced or otherwise exchanged:
x Private health and/or medical information;
x Personal information pertaining to any identified witness such as
residential addresses and contact information;
x Personnel files and information;
x Trade secret information as defined in RCW 19.108.010(4);
x Proprietary business information relating to agreements and
operations of any party, that is not publicly available;
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x Any notes, lists, memoranda, indices, compilations, electronically
stored information, reports, records and documents prepared or based
on an examination of “Confidential Information” and any summaries
of “Confidential Information,” which quote from, identify or refer to
the “Confidential Information” with such specificity that the
“Confidential Information” can be identified, or by reasonable logical
extension can be identified, shall be accorded the same status of
confidentiality as the underlying “Confidential Information” from
which they are made and shall be subject to all of the terms of the
Protective Order.
III. SCOPE
The protections conferred by this agreement cover not only confidential
material (as defined above), but also (1) any information copied or extracted from
confidential material; (2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations, or presentations by
Parties or their counsel that might reveal confidential material. All documents
produced by the parties and designated confidential fall under the protections of
this order. Designating parties may designate disclosed material as “Confidential”
by marking such material as proscribed in Paragraph V of this document and by
serving notice to all parties of such designation. Once notice is served those
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materials shall be treated as “Confidential” materials subject to the provisions of
this order.
IV. ACCESS TO AND USE OF CONFIDENTIAL MATERIALS
4.1 Basic Principles. A receiving party may use confidential material that
is disclosed or produced by another party or by a non-party in connection with this
case only for prosecuting, defending, or attempting to settle this litigation.
Confidential material may be disclosed only to the categories of persons and under
the conditions described in this agreement. Confidential material must be stored
and maintained by a receiving party at a location and in a secure manner that
ensures that access is limited to the persons authorized under this agreement.
4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the Court or permitted in writing by the designating party, a
receiving party may disclose confidential material only to:
(a) the receiving party's counsel of record in this action, as well as
employees of counsel to whom it is reasonably necessary to disclose the
information for this litigation;
(b) the officers, directors, and employees (including in house
counsel) of the receiving party to whom disclosure is reasonably necessary
for this litigation, unless the Parties agree that a particular document or
material produced is for Attorney's Eyes Only and is so designated;
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(c) experts and consultants to whom disclosure is reasonably
necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);
(d) the Court, court personnel, and court reporters and their staff;
(e) copy or imaging services retained by counsel to assist in the
duplication of confidential material, provided that counsel for the party
retaining the copy or imaging service instructs the service not to disclose any
confidential material to third parties and to immediately return all originals
and copies of any confidential material;
(f) the officers, directors, employees (including in house counsel),
and former employees of the designating party to whom disclosure is
reasonably necessary for this litigation, unless the Parties agree that a
particular document or material produced is for Attorney's Eyes Only and is
so designated;
(g) during their depositions, witnesses in the action to whom
disclosure is reasonably necessary and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
otherwise agreed by the designating party or ordered by the court. Pages of
transcribed deposition testimony or exhibits to depositions that reveal
confidential material must be separately bound by the court reporter and may
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not be disclosed to anyone except as permitted under this agreement. At the
time of the deposition or within thirty (30) days after receiving a deposition
transcript, parties (and deponents) may designate all or portions of the
transcript (and exhibits thereto) as containing Confidential Information.
Confidential Information within the deposition transcripts may be designated
by a statement made on the record or by indicating page and line numbers of
such information by correspondence. Until expiration of the thirty (30) day
period, the entire deposition will be treated as subject to protection against
disclosure under this Consent Confidentiality Agreement and Protective
Order. If no party or deponent timely designates Confidential Information in
a deposition, then none of the transcript or its exhibits (unless the exhibits
have previously been designated as Confidential Information pursuant to
paragraph 2) will be treated as Confidential Information. If a timely
designation is made, the Confidential Information portions and exhibits shall
be maintained under seal separate from the portions and exhibits not so
marked.
(h) the author or recipient of a document containing the
information or a custodian or other person who otherwise possessed or knew
the information; and
(i) the clients of the receiving party.
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4.3 Filing Confidential Material. Before filing confidential material or
discussing or referencing such material in court filings, the filing party shall confer
with the designating party to determine whether the designating party will remove
the confidential designation, whether the document can be redacted, or whether a
motion to seal or stipulation and proposed order (which shall be drafted and filed
by the designating party) is warranted. If no agreement is reached, then the filing
party shall give the designating party an opportunity to file a motion to seal. If the
designating party does not file a motion to seal within ten business days of the
meet and confer, then the moving party may file the CONFIDENTIAL material
without further awaiting the designating party's motion to seal, so long as doing so
is consistent with the Federal Rules of Civil Procedure and Local Rules of the
Eastern District of Washington. Nothing in this agreement precludes any party
from challenging CONFIDENTIAL designations, or from opposing motions to
seal designated CONFIDENTIAL information. Regarding such motions practice,
the Parties agree to follow all Federal Rules of Civil Procedure, Local Rules of the
Eastern District of Washington.
4.4 Use of Confidential Information at Trial. Any evidence marked as
CONFIDENTIAL in accordance with this Order may be used at the trial of this
litigation, provided that the reasonable notice described above is provided for the
interested party to file a motion to seal.
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V. DESIGNATING PROTECTED MATERIALS
5.1 Exercise of Restraint and Care in Designating Material for Protection.
Each party that designates information or items for protection under this agreement
must take care to limit any such designation to specific material that qualifies
under the appropriate standards. The designating party must designate for
protection only those parts of material, documents, items, or oral or written
communications that qualify, so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this agreement.
Mass, indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that have been made for an
improper purpose (e.g., to unnecessarily encumber or delay the case development
process or to impose unnecessary expenses and burdens on other parties) may
expose the designating party to sanctions.
If it comes to a designating party's attention that information or items that it
designated for protection do not qualify for protection, the designating party must
promptly notify all other parties that it is withdrawing the mistaken designation.
5.2 Manner and Timing of Designations. Except as otherwise provided in
this agreement (see, e.g., second paragraph of section 5.2(b) below), or as
otherwise stipulated or ordered, disclosure or discovery material that qualifies for
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protection under this agreement must be clearly so designated before or when the
material is disclosed or produced.
(a) Information in documentary form: (e.g., paper or electronic
documents and deposition exhibits, but excluding transcripts of depositions
or other pretrial or trial proceedings), the designating party must affix the
word “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” to
each page that contains confidential material. If only a portion or portions of
the material on a page qualifies for protection, the producing party also must
clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
(i) Such designation must be applied in such a manner so as not to
obscure any information contained therein.
(b) To the extent that any “Confidential Information” is used in the
taking of depositions, such “Confidential Information” shall remain subject
to the provisions of this Protective Order. The Parties and any participating
non-parties must identify on the record, during the deposition or other
pretrial proceeding, all protected testimony, without prejudice to their right
to so designate other testimony after reviewing the transcript.
Any party or non-party may, within fifteen (15) days after receiving
the transcript of the deposition or other pretrial proceeding, designate
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portions of the transcript, or exhibits thereto, as confidential. If a party or
non-party desires to protect confidential information at trial, the issue should
be addressed during the pre-trial conference.
(c) Other tangible items: the producing party must affix in a
prominent place on the exterior of the container or containers in which the
information or item is stored the word “CONFIDENTIAL.” If only a
portion or portions of the information or item warrant protection, the
producing party, to the extent practicable, shall identify the protected
portion(s).
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the designating party's right to secure protection under this agreement for such
material. Upon timely correction of a designation, the receiving party must make
reasonable efforts to ensure that the material is treated in accordance with the
provisions of this agreement.
VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 Timing of Challenges. Any party or non-party may challenge a
designation of confidentiality at any time. Unless a prompt challenge to a
designating party's confidentiality designation is necessary to avoid foreseeable,
substantial unfairness, unnecessary economic burdens, or a significant disruption
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or delay of the litigation, a party does not waive its right to challenge a
confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
6.2 Meet and Confer. The Parties must make every attempt to resolve any
dispute regarding confidential designations without Court involvement. Any
motion regarding confidential designations or for a protective order must include a
certification, in the motion or in a declaration or affidavit, that the movant has
engaged in a good faith meet and confer conference with other affected parties in
an effort to resolve the dispute without Court action. The certification must list the
date, manner, and participants to the conference. A good faith effort to confer
requires a face-to-face meeting or a telephone conference.
6.3 Judicial Intervention. If the Parties cannot resolve a challenge without
Court intervention, the designating party may file and serve a motion to retain
confidentiality. The burden of persuasion in any such motion shall be on the
designating party. Frivolous challenges, and those made for an improper purpose
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the challenging party to sanctions. All parties shall continue to maintain
the material in question as confidential until the Court rules on the challenge.
VII. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a party is served with a subpoena or a court order issued in other litigation
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that compels disclosure of any information or items designated in this action as
“CONFIDENTIAL,” that party must:
(a) promptly notify the designating party in writing and include a
copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena
or order to issue in the other litigation that some or all of the material
covered by the subpoena or order is subject to this agreement. Such
notification shall include a copy of this agreement; and
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the designating party whose confidential material may be
affected.
VIII. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
If a receiving party learns that, by inadvertence or otherwise, it has disclosed
confidential material to any person or in any circumstance not authorized under
this agreement, the receiving party must immediately (a) notify in writing the
designating party of the unauthorized disclosures, (b) use its best efforts to retrieve
all unauthorized copies of the protected material, (c) inform the person or persons
to whom unauthorized disclosures were made of all the terms of this agreement,
and (d) request that such person or persons execute the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.
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IX. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a producing party gives notice to receiving parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the receiving parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(b). This provision is not intended to modify
whatever procedure may be established in an e-discovery order or agreement that
provides for production without prior privilege review. The Parties agree to the
entry of a non-waiver order under Fed. R. Evid. 502(d) as set forth herein.
X. NON-TERMINATION AND RETURN OF DOCUMENTS
Termination of this action shall be deemed to be the later of (1) dismissal of
all claims and defenses in this action, with or without prejudice; and (2) final
judgment herein after the completion and exhaustion of all appeals, re-hearings,
remands, trials, or reviews of this action, including the time limits for filing any
motions or applications for extension of time pursuant to applicable law. Within
60 days after the termination of this action, each receiving party must return all
confidential material to the producing party, including all copies, extracts and
summaries thereof. Alternatively, the Parties may agree upon appropriate methods
of destruction.
The confidentiality obligations imposed by this agreement shall remain in
effect until a designating party agrees otherwise in writing or a court orders
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otherwise.
XI. PRIVILEGE
Pursuant to Fed. R. Evid. 502(d), the production of any documents,
electronically stored information (ESI) or information, whether inadvertent or
otherwise, in this proceeding shall not, for the purposes of this proceeding or any
other federal or state proceeding, constitute a waiver by the producing party of any
privilege applicable to those documents, including the attorney-client privilege,
attorney work-product protection, or any other privilege or protection recognized
by law. This Order shall be interpreted to provide the maximum protection
allowed by Fed. R. Evid. 502(d). The provisions of Fed. R. Evid. 502(b) do not
apply. Nothing contained herein is intended to or shall serve to limit a party’s right
to conduct a review of documents, ESI or information (including metadata) for
relevance, responsiveness and/or segregation of privileged and/or protected
information before production. Information produced in discovery that is protected
as privileged or work product shall be immediately returned to the producing party.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order and provide copies to the parties.
DATED June 2, 2025.

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, ____________________________________ [print or type full name], of
___________________________________ [print or type full address], declare
under penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Eastern
District of Washington on _______________ [date] in the case of Jonathan Moody,
et al, v. Grant County Sheriff’s Department, et al, 2:25-cv-00022. I agree to comply
with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions
and punishment in the nature of contempt. I solemnly promise that I will not
disclose in any manner any information or item that is subject to this Stipulated
Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Eastern District of Washington for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.

Date:
City and State where sworn and signed:
Printed name:
Signature:

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