Harrison v. UTI Integrated Logistics, Inc.

Filing 24

PROTECTIVE ORDER and ORDER GRANTING 23 Amended Motion for Protective Order Unopposed filed by UTI Integrated Logistics, Inc. Signed by Magistrate Judge Donald G. Wilkerson on 7/12/11. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARL HARRISON,
Plaintiff,
v.
UTI INTEGRATED LOGISTICS, INC.,
Defendant.

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Case No. 3:11-cv-00090-JPG-DGW

PROTECTIVE ORDER
Pending before the Court is the parties’ Amended Unopposed Motion for Entry of
Protective Order (Doc. 23). In accordance with Federal Rule of Civil Procedure 26(c), the Court
finds there is good cause to enter an order protecting the production of the personal information
of current and former employees of Defendant and Defendant’ s financial records. Wherefore,
the Court hereby GRANTS the parties’ Amended Unopposed Motion for Entry of Protective
Order (Doc. 23). The parties are reminded that should any disputes arise regarding the scope or
application of this protective order, they are required to contact the Court before filing a motion.
IT IS HEREBY ORDERED:
1.

The parties have or will propound various discovery requests and issue

subpoenas, asking for certain information which the parties consider to be Confidential.
Confidential information refers to the following: (a) personal information, such as residential
addresses and telephone numbers, regarding current and former employees of Defendant, and (b)
Defendant’s confidential financial records, such as statements of Defendant’s net income and
gross profit.

Confidentiality is necessary as to both categories of documents, as Defendant

maintains the confidentiality of such information and does not disclose such information in the
normal course of business.
2.

The parties have expressed a willingness to provide the Confidential information

which would be necessarily disclosed in complying with the discovery requests, provided that
the Court enters an appropriate protective order governing the production, use and disposal of
confidential documents and information.
3.

Either party may mark any document it reasonably believes contains confidential

or proprietary information (along the lines of information described in paragraph 1 above) as
“Confidential” in accordance with the provisions of this Order. The documents and information
contained therein shall only be used, shown and disclosed as provided in this Order. The term
“Confidential Matter” as used in this order shall be construed to include the information
contained in each document so marked. The party characterizing a document as protected or
confidential is deemed the designating party.

Both parties may designate a document as

protected or confidential; in that event both parties are deemed designating parties.
4.

Confidential Matter may be subject to discovery in this action, but it is of a

non-public nature and thus should not be available to the general public.
5.

The Confidential Matter described above shall in no way be disseminated,

discussed, delivered, or otherwise brought to the attention of any person except: (1) the attorneys
of record herein and their duly authorized legal, paralegal or expert witnesses, (2) the parties and
their representatives and agents, (3) stenographic reporters of testimony in this litigation and the
Court before which it is pending, (4) the Court and its officers, and (5) deponents in this case.

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Any stenographic recorded testimony regarding this Confidential Matter is subject to the same
restrictions as Confidential Matter.
6.

No person other than those identified in paragraph 5 shall have access to

Confidential Matter without the advance written approval of the designating party or further
order of this Court. No person who gains access to Confidential Matter may disclose its contents
or information contained therein to any other person without the written approval of the
designating party or of the Court.

No designating party may waive the confidential

classification without prior notification to the opposing party. Likewise, if both parties have
designated a document or information as confidential, the confidential classification cannot be
waived without prior written approval from the opposing designating party.
7.

Nothing contained in this Agreed Protective Order shall prevent the use of

“Confidential Matter” in this matter, with the following safeguards. If “Confidential Matter” is
used in depositions, all portions of the transcripts of such depositions and exhibits thereto which
refer or relate to “Confidential Matter” shall be treated as “Confidential Matter,” and any party
reasonably so desiring may make arrangements with the reporter to bind the confidential portion
of the transcripts and exhibits separately and label them “Confidential Matter.” In addition, the
deponent will be advised that pursuant to this Agreed Protective Order, the deponent may not
divulge any “Confidential Matter.”
8.

All parties and attorneys of record shall be bound by the terms of this order.

Before the disclosure of any Confidential Matter to deponents (other than supervisory or
management personnel who have access to the Confidential Matter during the ordinary course of

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business), or to persons as authorized in accordance with paragraph 6 above, such persons must
have read this Order and agreed to be bound by the terms, and have signified their agreement by
signing Exhibit A.
9.

Nothing in this order shall be construed to affect the admissibility of any

document, material or information at any trial or hearing; any request for confidentiality, closure
or sealing of any hearing or trial must be made to the judge then presiding.
10.

If either party contends that any documents and information or portions thereof

which have been classified as Confidential are not entitled to protection, it may send a written
objection to the producing party objecting to the designation.

The producing party shall

thereafter have 10 days to petition the Court to designate the material as confidential under this
Protective Order. The information shall continue to be protected as Confidential Matter while
any such petition is pending. 11.

If either party or an interested member of the public

contends that any documents and information or portions thereof which have been classified as
Confidential and filed under seal are not entitled to protection, they may petition the Court for
authority to publish the material. The information shall continue to be protected as Confidential
Matter until further order of this Court pursuant to a hearing.
12.

Any party can seek injunctive relief to prevent deliberate violation of the terms of

this order.
13.

At the conclusion of this action all Confidential Matter and all copies thereof shall

(1) be returned to the attorney for the designating party no later than forty-five (45) days after
the final adjudication of this action or (2) be destroyed. The non-designating party shall also
provide a written statement certifying that the Confidential Matter and all copies thereof have
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been returned or destroyed. If any Confidential Matter is furnished to any expert or to any other
person, the party furnishing the documents shall ensure that such person agrees to return the
Confidential Matter to counsel for the designating party.
14.

Nothing in this order will prejudice either party from seeking amendments

broadening or restricting the rights of access to and the use of Confidential Matter, or adding
additional categories of Confidential Matter, or contesting the designation of Confidential Matter
or qualified persons.
15.

Confidential Matter may only be used solely for the purpose of this lawsuit and

for no other purpose.
16.

The prohibitions stated above shall remain in effect until such time as the parties

agree to remove or modify, or this Court removes or modifies, these prohibitions.
17.

If disputes arise concerning the propriety of designating documents as

“confidential,” or concerning any other matter relating to the application of this Order, counsel
shall attempt to resolve these disputes before seeking the assistance of this Court to resolve the
disputes pursuant to the Federal Rules of Civil Procedure.
DATED: July 12, 2011

__________________________
DONALD G. WILKERSON
United States Magistrate Judge

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EXHIBIT “A”
I, ________________________, have read and understand the terms of the Protective
Order prepared in this action. I understand and agree to be bound by the terms of the order. I
also understand that I may not take possession of said documents at any time unless authorized
by an attorney for one of the parties and that I may not make copies of said documents. I
understand that any violation of the terms of said order shall be punishable by money damages,
interim or final injunctive or other equitable relief, sanctions, contempt of court citation, or such
other or additional relief as deemed appropriate by the Court.

____________________________

Subscribed and sworn to before me
this
_day of
_______________
________________________________
____________________________
Notary Public

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