Equal Employment Opportunity Commission v. Premier Well Services LLC

Filing 17

AGREED PROTECTIVE ORDER FOR MEDICAL RECORDS. Signed by Judge Susan Webber Wright on 5/5/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICfOF ARKANSAS WESTERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PLAINTIFF NO. 4: 1O~CV·1419 SWW YS. PREMIER WELL SERVICES, LLC DEFENDANT AGREED PROTECTIVE ORDER FOR MEDICAL RECORDS Pursuant to Rule 26(c), all parties to the present action have agreed to and moved this Court for entry of Protective Order: IT IS ORDERED that discovery and production of the following described documents and their contents are subject to the tenns, conditions and restrictions set forth below: 1. This Order appl res to medical records which Defendant has sought from Plaintiff Equal Employment Opportunity Commission and claimant Eugene Keeler which the parties consider confidential medical information that has been and should remain protected from public dissemination. This Ordel' also applies to any medical records which Defendant has obtained or may obtain from the Plaintiff, 2. Defendant will obtain medical records from the period January 2005 to present only. All medical documents produced or obtained in the course of discovery pursuant to this Order must be marked "Confidential. u The documents subject to this order include documents obtained fl'om the following medical provider(s): Dr. Daniel S. Davidson, 3130 E. Race St., Ste. 100, Searcy, AR 72'163 Defendant may communicate with these medical providers conceming the contents of the disclosed records only in accordance with Fed. R. Civ, P. 30. 3. If medical documents are obtained in the course of discovery from medical providers not included in Paragraph 2 of this Order, those additional records will be covered by this Protective Order. 4. Infonllation contained in medical documents designated as ··Confidential" may be disclosed only to Defendant's counselor individuals qualified by Defendant's counsel as employed by or assisting in preparation for trial of this action, including experts and consultants. 5. Any medical information designated "Confidential" is to be treated by the party receiving the discovery as confidential and shall be utilized by such party only for the proseclltion or defense of this litigation. Except as may be agreed to by the parties, or ordered by the Court, disclosure of such discovery material or the infonnatioll contained therein shaH be limited to the P&rties, their counsel, counsel's legal and clerical assistants, and any other individual employed by or assisting in the preparation for trial (including testifying and 11ontestifying experts), as may from time to time be reasonabJy necessary in the prosecution or defense of this action; 6. In the event that Plaintiff, claimants, or Defendant receives a request, subpoena, or other fonnal or informal demand from any otber source besides the pmties herein, whether related to another cause of actioll, proceedings, investigation, or otherwise, for the production or disclosure of any confidential documents then in its possession or control, that party shall provide to opposing counsel written notice of such request, subpoena, or demand within five (5) days after service of such request, subpoena or demand. and that party shall not interfere with any action the opposing party may elect to take to protect the confidentiality of the confidential documents. Should any such request, demand, or subpoena require a response time of less than five (5) days, the party to whom such request, demand, or subpoena is directed shall provide 2 prompt notice to the opposing party of such, by telephone 01' facsimi1e~ including a copy of such request, demand, or subpoena. 7. This Ol'der is binding upon the parties hereto, their agents and employees l all counsel for the parties and their agents and employees, and all persons to whom disclosure of discovery materials or testimony pursuant to the terms hereofis made. This Order, insofar as it restricts the communication and use of confidential medical documents, shall continue to be binding throughout and after the conclusion of this litigation, including all appeals.. This Order does not restrict the use of such documents at this litigation. Issues of use or admissibility at the litigation shall be detennined by the Court, 8. Only those people authorized to receive infonnation under this Order may reproduce or copy "Confidential" information. 9. U The production of "Conftdential medical documents or information does not constitute a waiver of any privilege or other claim or right of withhoIding which may be had. JO. "Confidential" medical documents or information may be used at depositions with the following safeguards: (a) The portions of the deposition transcript and exhibits which refer or relate to "Confidential" medical documents or infomlstion must be considered "Confidential," and the parties will ensure that the deposition is sealed and marked accordingly, and the parties will ensure that the deposition is marked accordingly with the court reporter binding the "confidential" pOrtions of the transcript and exhibits separately and labeling them confidential; (b) the deponent or witness is prohibited from diVUlging any "Confidential" documents or information to others; and (c) use of "Confidential" documents at depositions does not destroy their "Confidential" status. II. If a party wishes to use "Confidential" medical documents or information to support or oppose a motion or otherwise make them a part of the record in this case, including 3 ... . ... _._--------------- offering them into evidence at trial, the decision on whether the documents may be sealed will be governed by the provisions of Federal Rule of Civil Procedure 26(c). )2. At the conclusion of this action, all "Confidential" medical documents and information and all copies should be retumed to Plaintiffs counsel. Alternatively, Defendant's counsel may destroy all "Confidential" medical documents and infonnation upon written consent by Plaintiffs counsel. If allY "Confidential" medical documents are furnished to any expert or to any other person, the attorney for Defendant must ensure that aU "Confidential" medical documents are returned to Plaintiff's counselor destroyed. )3. Nothing in this Order prevents either party from seeking amendments, broadening or restricting the rigbts of access to and the use of "Confidential" medical documents or information, or contesting the designation of a "Confidential" medical document. This tbe0 R day of May, 2011. ~.-~~ WEBER WRiOH SUSAN UNITED STATES DISTRICT JUDGE 4 AGREED TO AND SUBMITTED BY: COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT PAMELA B. DIXON Senior Trial Attorney Equal Employment Opportunity Comm. 820 Louisiana, Ste. 200 Little Rock, AR 72201 FLOYD M.THOMAS, JR. Thomas, Hickey & Shepherd, L.L.P. 423 North Washington EI Dorado, Arkansas 71730 "lfkGE Trial Attorney Equal Employment Opportunity Comm. 820 Louisiana, Ste. 200 Little Rock, AR 72201 BETTINA E. BROWNSTEIN Wright, Lindsey & Jennings, LLP 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201 WILLIAM STUART JACKSON Wright, Lindsey & Jennings, LLP 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201 ~~~~ Wright, Lindsey & Jennings, LLP . 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201 REGINA ANN YOUNG Wright, Lindsey & Jennings, LLP 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?