Lee v. Charter Communications, Inc.

Filing 31

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 5/15/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DOROTHY LEE,
Plaintiff,
vs.
CHARTER COMMUNICATIONS, INC.,
Defendant.

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) Case No. 3:13-cv-00950 -DRH-DGW
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PROTECTIVE ORDER
This cause comes before the Court on the stipulation of the parties hereto. The Court,
being in all respects fully advised in the premises, finds as follows:
1.

The parties, Dorothy Lee (“Plaintiff”) and Charter Communications, Inc.

(“Charter”), have served requests for production requesting the production of certain documents,
including medical records, which may contain information that is personal and confidential.
Further disclosure and discovery activity in this action are likely to involve production of
confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the court to enter the following
Stipulated Protective Order.
2.

The parties, by signature of their counsel on this Stipulated Protective Order, have

agreed to ensure and maintain the confidentiality of any information contained in the
Confidential Information (as defined below) and to use such information solely for purposes of
this litigation. The parties acknowledge that this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection it affords from public disclosure and
use extends only to the limited information or items that are entitled to confidential treatment
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under the applicable legal principles. The parties further acknowledge that this Stipulated
Protective Order does not entitle them to file confidential information under seal; Federal Rule of
Civil Procedure 5.2, Local Rule 5.1, and Amended Administrative Order 107 set forth the
procedures that must be followed when a party seeks permission from the court to file material
under seal.
IT IS THEREFORE ORDERED as follows:
A.

Pursuant to agreement of the Plaintiff and Defendant, a protective order shall and

is hereby entered with respect to any and all “Confidential Information.” “Confidential
Information” means information designated as “CONFIDENTIAL” by the producing party that
falls within one or more of the following categories: (a) information prohibited from disclosure
by statute; (b) information that reveals trade secrets; (c) medical information concerning any
individual; (d) personal identifiers as set forth in Local Rule 5.1(d); (e) income tax returns
(including attached schedules and forms), W-2 forms and 1099 forms; or (f) personnel or
employment records. Furthermore, all of Plaintiff’s medical records obtained directly by Charter
shall be deemed “CONFIDENTIAL.” Information or documents that are available to the public
may not be designated as Confidential Information.
B.

Access to the Confidential Information shall be limited to: (1) any party; (2)

counsel for the parties who are directly responsible for preparation and trial of this case; (3)
employees of counsel who are directly assisting in such preparation; and (4) consultant and
expert witnesses retained by or on behalf of either of the parties to assist in such preparation (an
“Expert”). Prior to disclosure to any Expert, counsel for Charter shall inform the Expert of this
Order and secure his agreement to be bound by it.

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C.

No one referred to in paragraph A shall disclose the Confidential Information, in

whole or in part, to anyone else without prior consent of the producing party or further order of
Court after notice to such party and a reasonable opportunity to be heard.
D.

The Confidential Information may be used solely for purposes of this case.

E.

The Confidential Information shall be placed and kept only in secure areas, so as

to prevent inadvertent or unauthorized access.
F.

The parties and their counsel shall cause the Confidential Information to be

returned to the producing party promptly upon the conclusion of the case, together with all
copies thereof and all abstracts, summaries or memoranda with information contained in the
Confidential Information or cause the Confidential Information to be destroyed.
Dated: May 14, 2015.

DONALD G. WILKERSON
United States Magistrate Judge

APPROVED AS TO SUBSTANCE AND FORM:
GOLDENBERG HELLER ANTOGNOLI
& ROWLAND, P.C.

PITZER SNODGRASS, P.C.

By: /s/ Kevin P. Green
Mark C. Goldenberg #00990221
Kevin P. Green #6299905
2227 South State Route 157
Edwardsville, IL 62025
Telephone: [phone]
Facsimile:
618.656.6230
Email:
[e-mail]
[e-mail]

By: /s/Aahren Rodriguez DePalma
William S. Thomas #6227180
Aahren Rodriguez DePalma #6314664
100 South Fourth Street, Suite 400
St. Louis, Missouri 63102-1821
Telephone:
314.421.5545
Facsimile:
314.421.3144
Email:
[e-mail]
[e-mail]

Attorneys for Plaintiff Dorothy Lee

Attorneys for Defendant Charter
Communications, Inc.

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