1“Document” means any written, recorded or graphic matter, however created and in any medium, including email and other electronic material. It includes transcripts of testimony from depositions or otherwise.
2A party producing a document shall designate all or part of a document as “Confidential” or “Attorneys’ Eyes Only” if the party after reasonable, good faith consideration concludes the document is a confidential record or contains confidential information. If the entire document is designated, every page shall be stamped or marked “CONFIDENTIAL – SUBJECT
TO PROTECTIVE ORDER” or “ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE
ORDER.” If only a portion of a document is designated, the designation shall clearly distinguish the confidential and non-confidential portions of the document, with the confidential portion stamped or marked “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER.”
3If a party receives a document which has been designated as “Confidential” or “Attorneys’ Eyes Only,” in all or in part, and the party believes it to have been erroneously so designated, 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 issue of the correctness of the designation on
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their own, the party defending the designation has an obligation to seek review and the burden of persuasion regarding the correctness of the designation.
4Neither the confidential materials nor the information contained therein shall be used or shown, disseminated, copied, filed with the court, or in any way communicated to anyone except as follows. Without further court order, confidential material and the contents thereof may be disclosed only to the following persons: (a) the parties; (b) counsel of record for the parties and persons regularly employed by such counsel; (c) experts consulted by counsel for the purposes of this litigation; (d) court reporters and witnesses involved in this litigation; (e) agreed upon mediators; (f) insurance companies/claims handlers to the extent necessary to further the interests of the parties in this litigation; and (g) the Court.
5Use of any information, documents, or portions of documents marked “Attorneys’ Eyes Only,” including all information derived therefrom, shall be restricted solely to the persons listed in paragraph 4(b), 4(d), 4(e), 4(f), and 4(g), unless additional persons are stipulated by counsel or authorized by the Court.
6Information or documents designated “Confidential” or “Attorneys’ Eyes Only” shall be used solely for purposes of this litigation, and not for any other purpose, unless disclosure is otherwise required by law.
7Information or documents designated “Confidential” or “Attorneys’ Eyes Only” may be referred to in discovery responses and requests, motions, briefs and other court papers, and may be used in depositions and marked as deposition or trial exhibits in this action. However, information or documents designated “Confidential” or “Attorneys’ Eyes Only” may be used in this manner only if the document, or the portion of the document where the confidential information is revealed, is marked as “Confidential” or “Attorneys’ Eyes Only” . The parties agree that any documents that are filed with the Court that contain any portion of any “Confidential” or
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“Attorneys’ Eyes Only” document should be filed under seal by following the protocols for sealed filings in this Court.
8In addition, the parties agree to abide by the terms of the June 16, 2025 Protective Order and Order to Seal issued by Multnomah County Judge Michael A. Greenlick in Case No. 25CR34120 as to any documents that are subject to that Order.
9Notwithstanding the above, counsel may also discuss the confidential documents or information at court hearings, unless the court issues an order to the contrary. If a party anticipates a need to offer a confidential document or information in open court, or offer testimony about a confidential document or confidential information, that party shall first confer with opposing counsel regarding whether certain terms of the order may be waived for the specific proposed use, and if no agreement is reached, the party defending the designation shall request a pre-offer determination by the court with respect to the proposed disclosure. Use of confidential documents at trial is not covered by this Protective Order, except as described in paragraph 10, and will be addressed with a trial judge prior to offering any such materials at trial.
10Notwithstanding anything to the contrary which may be set forth herein, a party may apply to the Court at any time for an order granting a modification of this Protective Order. Any party moving for an order granting a modification of this Protective Order shall first confer with the nonmoving parties.
11Nothing in this Order prevents any party from moving the court to remove the confidential designation from a document or testimony, from seeking modification of this Order, from designating already-produced documents as confidential, or from objecting to discovery that a party believes to be otherwise improper.
12By producing confidential documents and information, a party does not waive any of its objections to admissibility at the time of trial. This Protective Order does not constitute a
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waiver of any party’s right to withhold or redact information protected from disclosure by the attorney-client privilege, the work product doctrine, or other applicable privilege, protection, law, or regulation, or to seek appropriate protection respecting documents and information claimed to be subject to such a privilege. Nothing in this Protective Order shall prevent any party from seeking modification of this Protective Order or from objecting to discovery that it believes to be otherwise improper.
13This court shall retain jurisdiction after entry of final judgment or final appeal to modify this order or resolve any disputes regarding this Protective Order.
14This order shall survive the termination of this action. Within 30 days of final adjudication, confidential materials other than deposition transcripts shall be destroyed or returned to counsel, except that archival copies may be retained by the receiving attorney.
IT IS SO STIPULATED:
Dated: July 8, 2026
Johnson Johnson Lucas & Middleton PC /s/ Caitlyn V. Mitchell ____________ Caitlin V. Mitchell, OSB No. 123964 Of Attorneys for Plaintiff
Dated: July 8, 2026
McGraw Morris Masud /s/ John T. Gemellaro ____________ John T. Gemellaro Attorney for Edwin Diaz
Dated: July 8, 2026
Multnomah County Attorney’s Office /s/ Andrew Weiner Andrew Weiner, OSB No. 115485 Of Attorneys for Multnomah County
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
