Rau v. United Parcel Service, Inc.

Filing 13

PROTECTIVE ORDER PURSUANT TO FED.R.CIV.P.26(c) re 10 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SHEILA RAU, an individual,
Plaintiff,

Case No. 1:12-cv-194
PROTECTIVE ORDER PURSUANT
TO FED. R. CIV. P. 26(c)

vs.
UNITED PARCEL SERVICE, INC., a
Delaware corporation; and UNITED PARCEL
SERVICE, INC., an Ohio corporation,
Defendants.

Good cause appearing, and pursuant to Fed. R. Civ. P. 26(c) and the stipulation of the
parties, this Court hereby enters the following Protective Order to protect material entitled to be
kept confidential, and ensure that protection is afforded only to material so entitled.
THEREFORE, the Court hereby enters a Protective Order with the following terms:
1.

Any information and/or document produced or exchanged in the course of this

case that is designated and marked “CONFIDENTIAL” pursuant to paragraph 2 herein, shall be
subject to the terms of this Protective Order.
2.

The above captioned Defendants and Plaintiff may obtain confidential treatment,

pursuant to the terms of this Order, for certain personal or proprietary information and other
sensitive documents by marking “CONFIDENTIAL” on each page of the document(s) for which
the confidential treatment is sought consistent with the terms of this Protective Order. In lieu of

PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 1

marking the original of the document(s), the party may mark the copies that are produced or
exchanged.
3.

Information produced or exchanged in the course of this case shall be used solely

for the purposes of the prosecution or defense of this case and for no other purpose. Information
or materials designated as “CONFIDENTIAL” shall not be made available to anyone other than
“QUALIFIED PERSONS” as defined in paragraph 5. Information that a party may designate as
“CONFIDENTIAL” shall be referred to as “Confidential Material.”
4.

The documents or information designated as “CONFIDENTIAL” may be

disclosed to witnesses during oral depositions of such persons if such persons are “Qualified
Persons” as defined in paragraph 5 and if they comply with the terms of paragraph 6 hereof;
provided, however, that to the extent that the transcript of any deposition and the exhibits thereto
incorporate confidential documents, whatever portions of the transcript and those exhibits shall
be confidential, subject to further order of the Court.
5.

Unless and until a party obtains a court order permitting other disclosure, all

information and documents designated “CONFIDENTIAL” and the contents of those documents
covered by this Protective Order shall be disclosed only to “Qualified Persons.” “Qualified
Persons” shall include only:
5.1.

The above captioned Defendants and Plaintiff and any experts or

witnesses testifying on their behalf;
5.2.

Court reporters transcribing testimony in the lawsuit;

5.3.

Any outside consultant or expert retained by the above captioned

Defendants or Plaintiff for the purposes of this case, case number 1:12-cv-194;
5.4.

Legal counsel of record for the above captioned Defendants and Plaintiff,

their respective office associates, legal assistants, secretaries and clerical employees;
PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 2

5.5.

Such other persons as the parties may agree to in writing;

5.6.

The Court and Court personnel; and

5.7.

The author of the document, any recipient of that document if said person

came into possession of the document, information, or material during the normal course
of his/her business and/or professional activities and said person was legally and properly
to receive said document, information or materials, and any person whose name appears
on a document.
6.

No Qualified Person shall have access to information or materials covered by this

Protective Order without having first read, acknowledged, and agreed in writing to be bound by
the this Protective Order by signing a written agreement in the form attached as Exhibit A;
provided, however, that counsel for the parties, their respective office associates, legal assistants,
secretaries and clerical employees need not individually sign an acknowledgment if a member of
the firm with which they are affiliated has signed on behalf of the firm. Similarly, the court
reporters transcribing the testimony for the above-entitled action and the Court and Court
personnel need not sign an acknowledgment. A copy of each written agreement signed in the
form attached as Exhibit A showing the name, address, and identity of each person signing the
agreement shall be maintained by counsel for the party obtaining them, and shall be made
available for any other party upon execution by that person.
7.

In the event of inadvertent disclosure of information or materials designated

“CONFIDENTIAL” to a person not authorized for access to such material under the terms of this
Order, the party responsible for having made and any party with knowledge of such disclosure
shall immediately inform counsel for the party whose “CONFIDENTIAL” information has thus
been disclosed of all known relevant information concerning the nature and the circumstances of
the disclosure. The responsible party shall also take all reasonable measures promptly to ensure
PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 3

that no further or greater unauthorized disclosure of the information or material is made by
anyone and each party will cooperate in that effort.
8.

In the event a party purposely discloses information or materials designated as

“CONFIDENTIAL” the other party may move the Court for an order against the producing party
for violating the terms and provisions of this Protective Order.
9.

If a party produces any material in discovery containing proprietary information

without having previously marked the material “CONFIDENTIAL” such disclosure shall not be
deemed to be a waiver. The party may subsequently designate the material as
“CONFIDENTIAL” by written notice whereupon the opposing party will, from that date
forward, treat the material as so designated.
10.

No party shall file with the Court any motion, memorandum, or other paper

containing or otherwise exhibiting, excerpting, and/or disclosing any information designated as
“CONFIDENTIAL” hereunder, unless said confidential portions of motion, memorandum, or
other paper are filed in sealed envelopes or other appropriate sealed containers.
11.

To the extent “CONFIDENTIAL” information is revealed or discussed during any

deposition taken in this matter, counsel taking said deposition shall designate the transcript
and/or recordation thereof as “CONFIDENTIAL.”
12.

If a document includes “CONFIDENTIAL” information in addition to other

information that is not Confidential Material and the “CONFIDENTIAL” or information is
redacted, the documents should be marked with the words “CONFIDENTIAL INFORMATION
REDACTED” and the remainder of the document may be treated as if no “CONFIDENTIAL”
material or information existed in the document.
13.

Counsel for any party may exclude from the room during a deposition, any person

(other than the witness who is then testifying) who is not entitled under this Protective Order to
PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 4

receive Confidential Information. Confidential Information shall not be disclosed to the witness
then testifying except in strict conformity with the provisions of this Protective Order, including
the requirement that the testifying witness agree to be bound by the terms of this Protective
Order by executing the Agreement set forth in Exhibit A hereof.
14.

This Protective Order does not waive any grounds for withholding documents or

information from disclosure or production. Nothing in this Protective shall obligate any party to
produce any document or information or waive any objection to production or disclosure.
15.

Notwithstanding the foregoing, either party may challenge the designation of

documents or information as “CONFIDENTIAL.” A party that elects to initiate a challenge to a
designation must do so in good faith and must begin the process by conferring with counsel for
the designating party. In so conferring, the challenging party must explain the basis for its belief
that the confidentiality designation was not proper and must give the designating party an
opportunity to review the designated material, to reconsider the circumstances, and, if no change
in designation is offered, to explain the basis for the designation. The challenging party may
petition the Court only if it has conferred with the other party as described in this paragraph.
16.

A party that elects to proceed with a court challenge to a confidentiality

designation may file and serve a motion that identifies the challenged material and sets forth in
detail the basis for the challenge. Such motion must be accompanied by an affidavit that affirms
that the movant has conferred with the other party as described in the preceding paragraph and
that sets forth the explanation for the designation given by the designating party. Until the Court
rules on the challenge, all parties shall continue to afford the documents or information in
question the level of protection to which it is entitled under the designation. Within 30 days of
the termination of the above-entitled action, including any appeals, each party shall destroy or
return to the opposing party all documents designated by the opposing party as
PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 5

“CONFIDENTIAL.” Documents determined not to be confidential by the Court or as agreed to
by the parties will not need to be destroyed or returned.
17.

This Protective Order is without prejudice to the right of either party to object to

the admissibility or use of any information or documents referred to it in any manner in this case
in the future.
18.

The Court retains jurisdiction to enforce the provisions of the Protective and to

make such arrangements, modifications and additions to the Protective Order as the Court may
from time to time deem appropriate including, without limitation, the disclosure of Confidential
Materials in hearings and trials of this matter.
IT IS SO ORDERED.

DATED: July 13, 2012

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 6

EXHIBIT A
TO
PROTECTIVE ORDER
Re:

Case No. 1:12-cv-194

To whom it may concern:
My name is

. My address is
.

I have read and understood the terms of the “Protective Order Pursuant to Fed R. Civ. P.
26(c)” as entered in Case No. 1:12-cv-194.
I agree to be bound by the terms of the “Protective Order Pursuant to Fed R. Civ.
P. 26(c)” as entered in Case No. 1:12-cv-194.
I am properly a “Qualified Person” as designed in Paragraph 5 the Protective Order
Pursuant to Fed. R. Civ. P. 26(c) as entered in Case No. 1:12-cv-194.
Pursuant to Paragraph 5 of the Protective Order I am properly a Qualified Person because
of my role as

Signature

PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c) - 7

.