Equal Employment Opportunity Commission v. Aaron Rents, Inc.

Filing 115

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 9/18/2009. (hbs)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and ASHLEY ALFORD, Plaintiff/Intervenor, v. AARON RENTS INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:08-cv-683 MJR PROTECTIVE ORDER Currently pending before the Court is a Motion for Entry of a Protective Order filed by Defendant Aaron Rents (Doc. 76). This motion is GRANTED. Rule 26 of the Federal Rules of Civil Procedure permits litigants to seek an order to protect discoverable, yet confidential, material from public disclosure. The parties stipulate that confidential information in this case will be used only for the purposes of this litigation, and that a protective order will secure protected information from unauthorized disclosure. The Court finds that good cause exists for issuance of an order permitting limited disclosure of such information, and that entry of the proposed protective order is appropriate pursuant to Federal Rules of Civil Procedure 26(c). The Court, being fully advised and having determined that good cause exists for entry of a protective order, GRANTS the motions. THEREFORE, IT IS HEREBY STIPULATED AND ORDERED: 1. (A) Bell South telephone bills reflecting incoming telephone calls made to the Aaron Rents Sexual Harassment Hotline (ARI LIT-6800 through ARI LIT-6813 and ARI LIT-7986 through ARI LIT-7988), (B) internal Aarons Call Detail Reports of telephone calls made to the Aaron Rents Sexual Harassment Hotline (ARI LIT-6814 through ARI LIT-6842), and (C) the detailed underlying documents regarding complaints made through the Aaron Rents Sexual Harassment Hotline (ARI LIT-6843 through ARI LIT-6899 and ARI LIT-7134 through ARI LIT7984) shall be treated as confidential, as the documents produced and referenced above contain sensitive information relating to complaints made to Aaron Rents' Sexual Harassment Hotline by individuals not parties to this action, including the names and telephone numbers of individuals who complained, as well as information related to the contents of their complaints. The requested Protective Order is necessary to avoid producing a "chilling effect" on individuals not parties to this action who may become less inclined to contact Aaron Rents' Sexual Harassment Hotline in the future if such information is not treated as confidential. The documents described above are to be treated by each party receiving the discovery as confidential and shall be utilized by each party only for the prosecution or defense of this litigation and for no other purpose. 2. This Order is binding upon the parties hereto, their agents and employees, 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 hereof is made. This Order, insofar as it restricts the communication and use of confidential documents, shall continue to be binding throughout and after the conclusion of this litigation, including all appeals. 3. Upon final termination of this action, the receiving parties shall assemble and allow for the retrieval of the documents by counsel for Aarons all documents and materials subject to this Order, including all copies of such documents and materials. 4. If any person having access to Confidential Information shall violate this Order, he or she shall be subject to sanctions by the Court. 5. This Order shall remain in full force and effect until such time as it is modified, amended or rescinded by the Court or until such time as the parties may petition the Court to 2 modify or amend its terms as the scope of discovery dictates. DATED: September 18, 2009 s/ Donald G. Wilkerson DONALD G. WILKERSON United States Magistrate Judge 3

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