Hedin v. Amedisys Holding, L.L.C. et al
Filing
36
PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 4/18/14. (lgale)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-021SO-REB-KLM
PAUL HEDIN,
Plaintiff,
V.
AMEDISYS HOLDING, L.L.C.; and
AMEDISYS WESTERN, L.L.C.,
Defendants.
PROTECTIVE ORDER
This matter comes before the Court on the parties' Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The Motion is meritorious and
acceptable. Therefore, lT lS ORDERED:
1.
This Protective Order shall apply to all documents, materials,
and
information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
2.
As used in this Protective Order, "document" is defined as provided
in
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.
Information designated 'CONFIDENTIAL" shall be information that
is
confidential and entitled to protection under Fed. R. Civ. P. 26(c)(1), and that contains
(a) personnel information concerning current and former employees of Defendants
Amedisys Holding, L.L.C., and Amedisys Western, L.L.C., to the extent that such
information implicates privacy interests and is not generally known to the public; (b)
proprietary business information of Defendants; (c) information containing industry trade
secrets; and (d) information relating to Plaintiff concerning personal and confidential
matters not generally known
to the public, such ?S, but not limited to,
income
information, medical information, and information regarding contacting prospective
employers.
Documents designated as "CONFIDENTIAL" shall be first reviewed by an
attorney who will certify that the designation is based on a good faith belief that the
information is confidential or otheruvise entitled
to protection under Fed. R. Civ. P.
26(cX1).
4.
CONFIDENTIAL documents, materials, and/or information (collectively
'CONFIDENTIAL information") shall be used solely for the purpose of this action, and
shall not, without the consent of the party producing it or further Order of the Court, be
used, transferred, disclosed or communicated in any way, except that such information
may be disclosed to:
(a)
attorneys actively working on this case;
(b)
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in the preparation
for trial, at trial, or at other proceedings in this case;
(c)
(d)
the parties, including designated representatives for Defendants;
expert witnesses and consultants retained
in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial or other
proceedings in this case;
(e)
(0
the Court and its employees ("Court Personnel");
stenographic reporters who are engaged
in
proceedings necessarily
incident to the conduct of this action;
(g)
(h)
5.
deponents, witnesses, or potentialwitnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person an executed "Written Assurance" in the form
attached hereto as Exhibit
A.
All such written assurances shall be retained by counsel
and shall be subject to in camera review by the Court if good cause for review is
demonstrated by opposing counsel.
6.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: "CONFI DENTIAL.'
7.
In the event Electronically Stored lnformation ('ESl') is disclosed or
discovered in the course of this litigation, including, but not limited to, ESI provided in a
native format on hard disks or other magnetic data storage disks, removable disks
and/or drives, portions thereof, or digital images of data storage disks or drives, such
information may be designated as CONFIDENTIAL in a written communication or in an
electronic mail message to the non-producing party.
8.
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of
the error and substitute appropriately-designated documents. Any party receiving such
improperly-designated documents shall promptly retrieve such documents from persons
not entitled to receive those documents and, upon receipt of the substitute documents,
shall return or destroy the improperly-designated documents.
9.
Any party who inadvertently discloses documents that are privileged or
protected by the work product doctrine shall, promptly upon discovery
of such
inadvertent disclosure, so advise the receiving party and request that the documents be
returned. The receiving
pafi
shall return such inadvertently produced documents,
including all copies and copies the receiving party provided to any other individual or
entity, within 14 days of receiving such a written request.
10. Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2.
11.
information,
Whenever
a deposition involves the disclosure of CONFIDENTIAL
the portions thereof that involve the disclosure of
CONFIDENTIAL
information shall be designated
as
CONFIDENTIAL and shall
be subject to
the
provisions of this Protective Order. Such designation shall be made on the record
during the deposition whenever possible, but
depositions
as
a
party may designate portions of
CONFIDENTIAL after transcription, provided written notice
of
the
designation is promptly given to all counsel of record within thirty (30) days after notice
by the court reporter of the completion of the transcript. Transcript pages containing
CONFIDENTIAL information must be separately bound by the court reporter, who must
affix to the top of each such page the legend 'CONFIDENTIAL,' as instructed by the
party or non-party offering or sponsoring the witness or presenting the testimony.
12. A pa$ may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed information.
The written notice shall identify the information to which the objection is made. lf the
parties cannot resolve the objection within ten (10) business days after the time the
notice is received, it shall be the obligation of the party dgsignating the information gs_ -
f nF
rroFappropriate motion'requesting that the lvt'tt'^,determine
furr"fi 7i Ui*-'
Court
CONFIDENTIAL to !€an
whether the disputed information should be subject to the terms of this Protective Order.
ff
such
a
motion
tlP
is timely jld, the disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the
,*I-
motion. lf the designating party fails tolfilCsuch a motion within the prescribed time, the
disputed information shall lose its designation
as
CONFIDENTIAL and shall not
thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In
r--J*
connection with a motiogfled under this provision, the party designating the information
as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information to be treated as CONFIDENTIAL.
13.
At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies thereof which have been designated as
CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the
parties may elect to destroy CONFIDENTIAL documents; provided, however, that
counsel for each Party may retain one copy of the CONFIDENTIAL documents for the
sole purpose of maintaining a complete file, and all such retained documents will not be
released, disclosed, or utilized except upon express permission of this Court after
written notice to counsel for the Party that produced the documents. Where the parties
agree to destroy CONFIDENTIAL documents, the destroying party shall provide all
parties with an affidavit confirming the destruction.
14.
Nothing in this Protective Order shall prevent any party or other person
from seeking modification of this Order or from objecting to discovery that the party or
other person believes to be improper. Nothing in this Protective Order shall prejudice
the right of any party to contest the alleged relevancy, admissibility, or discoverability of
confidential documents or information sought.
15.
This Protective Order may be modified by the Court at any time for good
cause shown following notice to all parties and an opportunity for them to be heard.
ORDERED
lt;ris I F\day of April,2014.
BY THE COURT:
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1 3-cv-021 SO-REB-KLM
PAUL HEDIN,
Plaintiff,
V.
AMEDISYS HOLDING, L.L.C.; and
AMEDISYS WESTERN, L.L.C.,
Defendants.
EXHIBIT A TO PROTECTIVE ORDER
-
CONFIDENTIALITY AGREEMENT
the undersigned,
t,
hereby
declare that:
I
in
reside at
County of
My telephone number is
the
City of
State of
I acknowledge that I have been informed that a Protective Order issued by the
Court in the above captioned civil action requires confidentiality with respect to
information designated as "CONFIDENTIAL" and therefore I agree to keep all such
information and materials strictly and absolutely confidential, and in all other respects be
bound by the provisions of the Protective Order.
As soon as practical, but no later than 30 days after final termination of this
action, I shall return to the aftorney from whom I have received them, any documents in
my possession designated 'CONFIDENTIAL,' and all copies, excerpts, summaries,
notes, digests, abstracts, and indices relating to such documents.
Executed on
(Signature)
(Date)
I
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