Bown v. Reinke et al
Filing
77
PROTECTIVE ORDER granting 75 Joint MOTION for Protective Order. 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 (cjs)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO, SOUTHERN DIVISION
WILLIAM A. BOWN,
Plaintiff,
vs.
Case No. 1:12-cv-00262-BLW
Protective Order
BRENT D. REINKE; RONA SIEGERT;
RANDY E. BLADES; JIMMIE H. CROSBY;
DANIEL METTIE; BECKY A. BLAKE;
RONALD D. PIXLER; TIMOTHY J.
RICHARDSON; CORIZON, INC., fka
CORRECTIONAL MEDICAL SERVICES,
INC., a Missouri corporation; KAREN B.
BARRETT, PA; APRIL DAWSON, MD;
CASSIE RICHINS, LPN; and JOHN and
JANE DOES 1-10,
Defendants.
As stipulated by the parties, to expedite the exchange of documents in this Litigation, to
facilitate the prompt resolution of disputes over confidentiality and to protect certain Discovery
Material pursuant to the terms below, the Court hereby enters the following Protective Order
pursuant to Federal Rule of Civil Procedure 26(c), which binds all counsel of record in this action.
1. Definitions
a.
“Party” means a plaintiff, current defendant, or previously dismissed defendant in
this Litigation, including the officers, directors and principals acting on behalf of a Party. “Parties”
means any combination of plaintiffs or defendants in this Litigation, including the officers,
directors and principals acting on behalf of a Party.
b.
“Discovery Material” is all information, regardless of medium or manner
generated, stored or maintained, which may include, but is not limited to, documents, deposition
testimony and transcripts, answers to interrogatories and tangible things produced by a Party or
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person (whether produced, filed or served) or otherwise generated in disclosures, responses to
discovery, responses to requests for admission, and responses to subpoenas in this Litigation.
c.
“Confidential Discovery Material” is information the designating Party in good
faith believes contains confidential personal information not generally disclosed to the public by
that Party or person. This category includes, but is not limited to: (i) personnel files of parties and
non-parties to this litigation; (ii) central files, medical files, and other non-public information of
persons currently or formerly under supervision of IDOC; (iii) IDOC investigatory materials; and
(iv) material or information in possession of a Party or person where said Party or person has an
independent written or legal obligation of confidentiality to a third party or person. This
designation must be made by or under the supervision of an attorney. Any Party or other person
authorized by this Order to view Confidential Discovery Material shall not disclose the
Confidential Discovery Material outside the formal confines of this Litigation.
2. Designating Discovery Material
a. Any attorney or someone acting under the supervision of an attorney for any Party
may designate Discovery Material as Confidential Discovery Material, regardless of the source of
the material, and that material must be treated in accordance with the provisions of this Order,
provided that the material is marked prominently “Confidential” on each page of the document. If
written discovery responses are entitled to protection under this Order, the portions of those
answers or responses that are confidential must be marked Confidential Discovery Material.
b. To the extent a Party wishes or is required to file Confidential Discovery Material
with the Court, either in its original form, or as part of, or incorporated in another document, such
as a complaint, the Party must file a redacted copy omitting the Confidential Discovery Material
and must serve an un-redacted copy of the same on all counsel of record. If consideration of the
redacted information is necessary for the determination of the motion for which it was filed and
un-redacted version may be filed under seal.
3. Designating Depositions
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a. Parties and deponents may designate pages of the transcript and its exhibits as
confidential to the extent the Party or deponent believes the pages contain material or information
entitled to protection. These designations must be made orally during the deposition or in writing
within 30 days of receiving the transcript.
4. Use of Confidential Discovery Material
a. Unless otherwise ordered by a court, administrative agency or similar governmental
or regulatory body of competent jurisdiction Confidential Discovery Material may be used only in
connection with the prosecution, defense, or settlement of the claims in this Litigation.
b. Confidential Discovery Material may be disclosed only:
i. to Parties;
ii. to Parties’ internal counsel, and their legal, investigative, technical,
administrative and other support staff, engaged in the conduct of this
Litigation;
iii. to Parties’ external counsel and their respective legal, investigative,
technical, administrative and other support staff engaged in the conduct of
this Litigation on behalf of named Parties;
iv. to this Court or any other court exercising jurisdiction with respect to this
Litigation, any appellate court(s), court personnel, jurors, alternate jurors
and qualified persons (including necessary clerical personnel) who take,
transcribe or otherwise record testimony or argument at any deposition,
hearing, trial or appeal in this Litigation;
v. to any person designated by the Court upon whatever terms the Court deems
proper;
vi. to any magistrate, special master, mediator or arbitrator engaged by the
Parties or authorized by the Court;
vii. to outside consultants, investigators or experts utilized for the purpose of
assisting counsel or testifying in this Litigation provided they sign an
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undertaking in a form substantially keeping with the substance of the
Protective Order Certification attached hereto;
viii. to third-party contractors engaged in one or more aspects of copying,
organizing, filing, coding, converting, storing or retrieving data or
designing programs for handling data connected with this Litigation,
including the performance of its duties in relation to a computerized
litigation support system, but only to the extent reasonably necessary to
render its services, and provided that counsel expressly cautions contractors
that the disclosure and use of Confidential Discovery Material, except as
provided in this Order, is prohibited and takes reasonable precautions to
prevent the unauthorized disclosure or use of Confidential Discovery
Material by contractors;
ix. to: (a) the person or entity that produced or originally created the
Confidential Discovery Material; (b) any author, addressee or recipient of
the material indicated on its face; or (c) any person or entity expressly
mentioned, discussed or referred to by actual name in the material as
indicated on its face, provided that person or entity execute, in advance, an
undertaking in a form substantially keeping with the substance of the
Protective Order Certification attached hereto;
x. to a witness in this Litigation not otherwise authorized to view the
Confidential Discovery Material in question, during that witness’s
testimony at a deposition, hearing or trial in this Litigation, provided that:
(a) the examiner of the witness has a good-faith belief that the witness is
likely to have knowledge of the contents of the Confidential Discovery
Material; (b) the witness is not permitted to retain copies of the Confidential
Discovery Material; and (c) if at a deposition, the witness executes, in
PROTECTIVE ORDER - 4
advance, an undertaking in a form substantially keeping with the substance
of the Protective Order Certification attached hereto; and
xi. to any other person agreed to in writing by the designating Party, which
agreement must not be unreasonably withheld.
5. Challenging Designations of Confidential Discovery Material
a. A Party may challenge the designation as Confidential Discovery Material by a
motion or other appropriate application to the Court. The challenging Party must provide written
notice to the designating Party, identifying the discovery material it challenges and setting forth
the basis for the challenge. Within 14 days of the receipt of the written notice of challenge, the
designating Party must meet and confer with the challenging Party and these Parties must make a
good-faith effort to resolve the dispute concerning the designation. If the parties cannot resolve the
dispute, the challenging Party may subsequently file a motion or application to the Court, which
must specifically identify the material subject to the motion but must not disclose or reveal the
contents of that material except as provided in paragraph 2.b, above. If a motion is made, the
information maintains the extant designation pending the Court’s decision. Upon leave of the
Court, the Parties may submit the material to the Court for in camera review.
6. Inadvertent Failure to Designate
a. Except as provided in this paragraph, the inadvertent failure to designate particular
Discovery Material as Confidential Discovery Material at the time of production does not waive a
Party’s right to later so designate the Discovery Material, provided that, at the time of making the
later designation, the designating Party provides the receiving Party a properly marked
replacement copy of the Confidential Discovery Material. No Party is deemed to violate this Order
if, prior to notification of any later designation, Discovery Material has been disclosed or used in
a manner inconsistent with the later designation. Once a designation is made, the materials must
be treated consistently with the later designation unless that Discovery Material was already filed
with the Court in the public record or is being challenged as provided in Section 5. If Discovery
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Material is already a part of the public record, it is the responsibility of the Party who failed to
designate the material to move the Court for appropriate relief.
b. If an inadvertently-omitted confidential designation is first claimed during the
course of a deposition, hearing or other court proceeding, that Discovery Material may be used
throughout the deposition, hearing or proceeding as though no designation was made, but must be
treated as though that designation was made immediately afterwards, unless challenged as
provided in Section 5.
7. Termination
a. The provisions of this Order bind the Parties after the final termination of the
Litigation. Within 120 days after final conclusion of this Litigation, including appeals, any Party
and all persons who received (or tendered to any other person) Confidential Discovery Material
must either deliver that Discovery Material to the designating Party or certify in writing to counsel
of the designating Party that the receiving Party or persons has destroyed that Discovery Material.
If applicable, the costs of delivering the Discovery Material will be borne by the designating Party.
The costs of destruction of the Discovery Material will be borne by the non-designating Party.
Notwithstanding these provisions, counsel may retain copies of court filings, papers served in
connection with this Litigation, transcripts (including deposition transcripts), exhibits and work
product containing or reflecting Confidential Discovery Material.
8. Modification Permitted
a. Nothing in this Order precludes the right of the Parties to stipulate (subject to Court
approval) or move to amend or modify this Order. The Court retains the right to modify this Order
or allow disclosure of any subject covered by this Order.
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9. Additional Parties
a. The terms of this Order are binding on all current and future Parties to this
Litigation and their counsel.
NOW THEREFORE IT IS HEREBY ORDERED that the motion for protective order
(docket no. 75) is GRANTED. The Protective Order set forth above (which includes the attached
Exhibit A) is deemed to be an Order of this Court.
DATED: October 28, 2015
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO, SOUTHERN DIVISION
WILLIAM A. BOWN,
Plaintiff,
Case No. 1:12-cv-00262-BLW
vs.
BRENT D. REINKE; RONA SIEGERT;
RANDY E. BLADES; JIMMIE H. CROSBY;
DANIEL METTIE; BECKY A. BLAKE;
RONALD D. PIXLER; TIMOTHY J.
RICHARDSON; CORIZON, INC., fka
CORRECTIONAL MEDICAL SERVICES,
INC., a Missouri corporation; KAREN B.
BARRETT, PA; APRIL DAWSON, MD;
CASSIE RICHINS, LPN; and JOHN and
JANE DOES 1-10,
Protective Order Certification
Defendants.
I hereby certify that: (i) I have read the Protective Order governing Confidential Discovery
Material (the “Protective Order”) that has been entered by the Court in the above-entitled litigation,
and I understand its terms; (ii) I understand that Confidential Discovery Material is being provided
to me pursuant to the terms of the Protective Order; (iii) I agree to be fully bound by the provisions
of the Protective Order, including its provisions restricting disclosure of Confidential Discovery
Material and limiting the use of such material to the conduct of the above-entitled litigation; (iv) I
hereby submit to the jurisdiction of the United States District Court for the District of Idaho for
purposes of enforcement of the Protective Order.
DATED:
Signature
Printed Name
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