Perez v. Talbot

Filing 39

PROTECTIVE ORDER entered by Judge Michael P McCuskey on 6/25/13 granting motion 31 . See written Order. (TC, ilcd)

E-FILED

Tuesday, 25 June, 2013 03:31:30 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
FRANCISCO PEREZ, ID#B-78905,
Plaintiff,
vs.
S.A. GORDINEZ, DIRECTOR OF I.D.O.C.
PAUL TALBOT, MEDICAL DIRECTOR OF DANVILLE C.C.
DR. LOIS SCHICKER, MEDICAL DIRECTOR OF THE STATE
OF ILLINOIS, DR. ARTHUR FUNK FOR WEXFORD, INC.,
AND THE P.A. FEMALE WHICH COMES TO DANVILLE ON
THE WEEKEND, MARCIA KEYS, DIETARY MANAGER FOR
DANVILLE C.C.,
Defendants.

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Case No. 12-CV-02102

PROTECTIVE ORDER
THIS CAUSE comes before the Court, IT IS THEREFORE ORDERED:
I.

Categories of Material and/or Information

It is anticipated that certain information covered by or contained in documents produced
in this action may contain or constitute confidential information that warrants protection from
disclosure. Each party or entity, disclosing information, which it reasonably believes in good
faith to constitute confidential materials, may, at the time of production, designate such
information as “Confidential.” Such “Confidential” information shall specifically include, but
not be limited to, policies, procedures, and clinical protocols.

A.

If a party believes that any written, recorded, or graphic material, tangible items

or any other form of information that it produces in this action pursuant to pretrial discovery,
court order, or agreement of the parties contains “Confidential” information, it may designate
such material as “Confidential” either by stamping the word “Confidential” on the document or
by other means that notifies the other parties that the information is subject to this Protective
Order. Such designation must occur prior to transmission of a physical copy thereof to counsel
for any other party to this action.

Materials designated as “Confidential” and all writings,

including court papers, that quote from, summarize or comment upon any such material shall be
treated as confidential as set forth in this Protective Order.
B.

No “Confidential” information may be disclosed to any person except the

following:
i.

the parties’ legal counsel of record and their associates, paralegals, or
other staff who are assisting in the representation;

ii.

persons retained as experts or consultants by the recipient party;

iii

any person who was the author or recipient of a “Confidential” document
or a copy of such a document, or who was referred to in such document;

iv.

the Court, including court reporters, stenographic reporters, and other
court personnel;

v.

individuals testifying about the same during depositions or at trial;

vi.

the parties themselves, so long as such disclosure takes place only in the
office of the parties’ legal counsel of record and so long as the parties are
not permitted to retain copies or originals of such documents; and

vii.

any other person to whom the producing party or respondent-indiscovery agrees in writing.

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Individuals or entities permitted access to any of the “Confidential” information pursuant
to Paragraph B hereof shall not show, convey, or reproduce any document so designated, or
parts thereof, or copies thereof, to any individual or any entity who would not otherwise have
access to such documents under the provisions of this Protective Order.
II.

Use of Information Designated as “Confidential”

A.

While protected by this Protective Order, any information designated

“Confidential” shall be held in strict confidence by each person to whom it is disclosed; shall be
used solely for the prosecution by each person to whom it is disclosed; shall be used solely for
the prosecution or defense of this action; and shall not be used by the recipient party or its
counsel for any other purpose, including, without limitation, any business or competitive
purpose.
B.

Each non-party to whom disclosure is made must, prior to viewing “Confidential”

information, agree in writing to be bound by this Protective Order.
C.

Each party shall retain each written consent it has had executed pursuant to

Section II(B) above and shall provide opposing counsel with a copy of such consent:
i.

ii.

III.

at the earlier of the person’s designation of such person as a witness who
will be viewing such documents or the commencement of the party’s
interrogation of such person at deposition; or
as necessary to resolve any controversy regarding a breach of
confidentiality by such person.

Depositions

If information designated as “Confidential” is used in a deposition, the court reporter
shall be instructed that, pursuant to this Protective Order, those portions of the deposition
transcript relating to such information, and documents containing such information that are
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made exhibits thereto, shall not be disclosed to any persons other than those persons afforded
access or “Confidential” information in accordance with Section I hereof, unless otherwise
agreed to by the Producing Party. Portions of transcripts may be designated at the time the
testimony is adduced or within ten (10) business days of counsel’s receipt of the transcript. In
addition to the court reporter, only those persons afforded access under Section 2 hereof may
be present at any examination during the time any “Confidential” information or document is
being disclosed or discussed. As Plaintiff is proceeding pro se, depositions do not appear to be
an issue. If Plaintiff retains an attorney, counsel can seek to modify this agreement to reflect
that change.
IV.

Briefs and Court Papers

To the extent any party would like to rely upon a document marked as “Confidential,”
said document should be referred to by its description and exhibit number only without filing
the document itself.
V.

Return or Destruction

Upon final termination of this proceeding, including all appeals, such party shall return
all materials produced and designated “Confidential” and all copies thereof to the producing
party or shall destroy all said documents and copies and advise the producing party in writing of
such destruction. If the producing party requests that the materials be returned, said party shall
bear all costs of return.
VI.

Contests, Rights, and Additional Protection

Notwithstanding any of the foregoing provisions of this Protective Order, it has no effect
upon, and shall not limit or restrict, any party’s use of documents from its own files or its own
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“Confidential” information. To the extent a party or his counsel already has in its possession or
subsequently receives from a non-party any documents not designated as “Confidential,” this
Protective Order shall not apply with respect to such documents, even if a party has designated
those documents as “Confidential.”
No party shall be obligated to challenge the propriety of the designation of any
“Confidential” information, and a failure to do so shall not preclude any subsequent objection to
any such designation.
Any party may at any time notify a producing party in writing of its objection to the
designation of any material as “Confidential.” In that event, the challenging party shall attempt
to resolve any disputes on an informal basis. If the dispute cannot be resolved, either the
producing party or the challenging party may apply for an appropriate ruling from the Court.
The material in issue shall continue to be treated “Confidential” information, as designated, until
the Court orders otherwise. This Protective Order may be amended by written agreement of the
attorneys for the parties.
VII.

No Admissions

This Protective Order is entered solely for the purpose of facilitating the exchange of
documents and information between and among the parties to this proceeding without
involving the Court unnecessarily in the process. Nothing in this Protective Order shall be
deemed to have the effect of an admission or waiver or consent to admissibility.

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VIII.

Survival

The obligation to treat documents and information designated as “Confidential” in the
manner prescribed by this Protective Order shall survive any settlement or adjudication of this
action.
IT IS SO ORDERED.

6/25/13
DATED:__________________________

s/ Michael P. McCuskey
_______________________________________________________
United States District Court Judge

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