Wright v. St Vincent Infirmary Medical Center
PROTECTIVE ORDER regarding confidential information 17 . Signed by Judge D. P. Marshall Jr. on 5/13/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 4:10-cv-296-DPM
ST. VINCENT INFIRMARY
St. Vincent's unopposed motion for a protective order, Document No. 17,
Confidential Information (as defined below) obtained by either
party shall be used only for the purpose of this litigation and for no other
purpose. It shall not be given, shown, made available or communicated in
any way to anyone except Qualified Persons (as defined below).
"Confidential Information" shall include, without limitation:
personnel files, salary/pay histories, proprietary information, and other
matters now requested or later requested by the Plaintiff, from the Defendant,
and as agreed to by the parties, relating to the operation and organization of
the Defendant and other information found confidential by this Court.
Defendant will designate this information "Confidential Information" with the
method of designation set forth in the letter of transmittal to the Plaintiff. If
Plaintiff disputes that the designated information is confidential, defendant
shall file a Rule 26(c) motion, pursuant to the Federal Rules of Civil
Procedure, demonstrating good cause as to why the information should be
designated as confidential.
Except with the prior written consent of the Defendant, or
pursuant to further Orders of this Court on motion with notice to the
Defendant, no Confidential Information may be disclosed to any person other
than these "Qualified Persons": the Plaintiff, any future counsel of record for
the Plaintiff in this action, secretaries, paraprofessional assistants, experts, and
other employees of such counsel who would be actively assisting counsel in
connection with this action.
This Order shall continue to be binding through and after the
conclusion of this litigation. At the conclusion of this action, including all
a) Upon request by Defendant, Plaintiff (or his counsel) shall
take all reasonable steps necessary to reclaim all Confidential Information,
including correspondence, memoranda, notes or any other documents
embodying such information, in whole or in part.
b) Counsel and all Qualified Persons are enjoined from
disclosing in any manner any Confidential Information obtained during the
course of this proceeding.
Confidential Information included in any papers or filed with
the Court shall be redacted to the extent necessary to preserve
confidentiality. For instance, a personnel document which only contains
confidential information such as a birth date, social security number, or
salary information should be redacted to exclude that information, and then
used. Or, if the identity of the individual needed to be protected, the
document could be redacted to exclude the name of that individual. See
FED. R. CIV. P. 5.2 and Advisory Committee Notes.
If redaction is
impracticable, or would remove information necessary to the Court's
decision on the relevant motion or paper, and only then, the motion or
paper should be labeled" Confidential-Subject to Court Order", and filed
under seal and unredacted. Only the Court, Court personnel, and counsel
for the parties shall have access to the sealed record in this proceeding until
further Order of this Court.
Plaintiff's current counsel shall explain to Plaintiff the terms of
this Protective Order, including the requirements and restrictions she must
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