Taylor v. Illinois Department of Corrections et al

Filing 93

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 1/21/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
DOUGLAS W. TAYLOR, #R69710
Plaintiff,
vs.
WEXFORD HEALTH SOURCES, INC., et al.,
Defendants.

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Case No. 14-cv-122-NJR-DGW

AGREED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
WHEREAS, defendant, Wexford Health Sources, Inc. has been ordered to produce
materials in connection with this lawsuit, which this defendant considers to be highly confidential
and privileged;
IT IS HEREBY STIPULATED AND AGREED, by and between Wexford Health Sources,
Inc. and the named parties, and ordered by this Honorable Court, that a Protective Order be entered
pursuant to Fed.R.Civ.Proc. 26(c) as follows:
DEFINITIONS
(a)

"Protected Material" shall mean privileged material, trade secret or confidential

research, development, or commercial information or proprietary business information or personal
medical information, not publicly available, including but not limited to:
(1)
(2)
(b)

Policies and procedures of Wexford Health Source, Inc.;
Monthly Primary Medical Service Reports.

"Qualified Person" as used herein means:
(1)

Counsel of Record for the parties in this litigation, and any attorneys,

paralegals, legal secretaries or other support staff who are regularly employed by, or
associated with, the office of a Counsel of Record, who have received specific authority

from that Counsel of Record to view documents or other information designated as
"Protected Material" for purposes of this litigation;
(2)

Actual or potential independent experts or consultants retained by any party

to this litigation. Such experts or consultants will sign, prior to reviewing any Protected
Material, a "Written Assurance" form attached as Exhibit "A". The original version of each
such signed "Written Assurance" shall be maintained by the counsel who retained the expert
for production to opposing counsel upon good cause shown. The parties agree that this
section is not intended, and may not be used, to circumvent any disclosure rules concerning
opinion witnesses, trial witnesses, expert witnesses or consultants;
(3)

Parties (Plaintiff and named Defendants);

(4)

Witnesses whose depositions are properly noticed and conducted in this

litigation and who are likely to have discoverable information about such documents;
(5)

The Court, the Court Reporter and the Court’s secretarial and clerical staff as

evidence at trial or in support of motions or oral argument;
(6)

Any other person may be designated as a "Qualified Person" by Order of this

Court, after notice and hearing.
STIPULATED TERMS
1.

All Protected Material shall be governed by the provisions of this Protective Order.

2.

Protected Material shall be designated as confidential at the time the document or

information is produced. Any such document shall be marked “CONFIDENTIAL” or
“CONFIDENTIAL SUBJECT TO A PROTECTIVE ORDER.”
3.

Production of Protected Material that is, inadvertently, not marked

“CONFIDENTIAL” shall not result in a waiver of confidentiality and shall not except it from the

provisions of this Protective Order. In the event of an inadvertent failure to designate something as
“CONFIDENTIAL,” the producing party shall notify the receiving party of the error within a
reasonable time of its discovery.
4.

A party shall only designate materials as “CONFIDENTIAL” if the designating

party has a good faith belief that the material contains Protected Material. Each party shall maintain
the right to challenge any designation of a document as “CONFIDENTIAL,” with said
determination to be made by the Court maintaining jurisdiction over this matter. If any party
chooses to challenge any designation, counsel of record for the challenging party shall maintain the
confidentiality of the challenged materials in accordance with this Confidentiality Stipulation and
Protective Order until such time as the Court determines that the materials are not to be governed by
the Confidentiality Stipulation and Protective Order provisions.
5.

Protected Material and the information contained therein shall not be disclosed or

made available to persons other than Qualified Persons, except as stated in this paragraph.
Protected Material shall be restricted in circulation to Qualified Persons described in the Definitions
section of this document.
6.

Each party's outside counsel shall maintain a log of all copies of Protected Material

which are delivered to any one or more Qualified Persons outside the office of the counsel of
record, as described in the Definitions section of this document, or to independent copy services.
7.

Nothing herein shall prevent disclosure outside the terms of the Protective Order if

each party designating the information as Protected Material consents to such disclosure or if the
Court, after notice to all parties, orders such disclosure.
8.

Nothing in this Protective Order shall be construed as preventing or prohibiting a

party from seeking additional protection from the Court against disclosure of classified information,

including an order that such information may not be disclosed, or that it may be disclosed only in a
designated way.
9.

In the event a party wishes to use any Protected Material in any affidavits, briefs,

memoranda of law or other papers filed with the Court in this litigation, such filing shall state that
Protected Material is included.
10.

No person to whom any Protected Material is disclosed may use, exchange, loan or

in any manner disclose the Protected Material to anyone beyond the provisions of this Order.
11.

Prior to disclosure of Protected Material to any independent expert or consultant,

counsel for party wishing to provide Protected Materials to said experts or consultants shall serve on
said experts or consultants a copy of this Protective Order.
12.

Any Qualified Person who receives Protected Materials must agree to be bound by

the terms of this Protective Order, and those Qualified Persons outside the office of counsel of
record who receive Protected Materials shall execute a Written Assurance, the form of which is
attached hereto, to be retained by the party’s counsel.
13.

If a person to whom Protected Materials are provided is retained as an expert and is

to submit a report and/or provide testimony, a copy of the Written Assurance signed by said person
shall be delivered to counsel for defendants if requested concurrently with the person’s report, or
within ten (10) days prior to the deposition, whichever is earlier. Either party, after Judgment is
entered and all appeals have been exhausted and/or the matter dismissed with prejudice, shall have
the right, by notice to counsel for the parties, to request the names of all retained experts, nonretained experts, and/or consultants to whom the Protected Materials were disclosed regardless of
whether such individuals actually were identified as experts and/or consultants during formal
disclosure of expert witnesses in the action.

14.

During the course of a deposition or within thirty (30) days after receipt of the

transcript, counsel for a party may designate a transcript, or any portion thereof, taken at any
deposition or otherwise, as Confidential, so long as the testimony refers to or relates to any of the
Confidential materials produced or made available for inspection.
15.

After the final termination of this action, the provisions hereof relating to the secrecy

and confidentiality of the Protected Material and information contained therein shall continue to be
binding.
16.

Within sixty (60) days of final adjudication of this litigation, or any appeal thereof,

all Protected Materials in the possession of any Qualified Person, other than Counsel of Record,
shall be returned to the Counsel of Record for the party which produced the Protected Materials to
said Qualified Person.
17.

In the event Protected Materials designated as “CONFIDENTIAL” are deposited

with the Court, they shall be filed in a sealed envelope or other appropriate container on which shall
be endorsed the style of this action, the words “CONFIDENTIAL,” and a statement substantially in
the following form:
“THIS ENVELOPE CONTAINS CONFIDENTIAL AND PROPRIETARY
MATERIALS SUBJECT TO PROTECTION UNDER A STANDING ORDER OF
THE COURT, AND MUST NOT BE SHOWN TO ANYONE OTHER THAN
THE COURT, PERSONS ASSISTING THE COURT, THE ATTORNEYS
REPRESENTING THE PARTIES IN THIS CASE, OR PERSONS ASSISTING
THOSE ATTORNEYS.”
18.

This Order may be modified by further Order of this Court or by agreement of

counsel for the parties, provided that any such agreement is memorialized in the form of a
stipulation that shall be filed with the Clerk and made a part of the record in this action.

19.

This Order shall be without prejudice to the right of any party to contest the

admissibility of the Protected Material. Nothing contained herein shall be construed as a waiver of
any objection that might be raised as to the admissibility at trial of any evidence.
20.

The parties and any other persons subject to the terms of this Protective Order agree

that this Court shall have and shall retain, after this action is terminated, jurisdiction over it and
them for the purpose of enforcing or modifying this Protective Order.
21.

Protected Materials may not be used in subsequent litigations by any party.

22.

The parties further agree and stipulate that this Agreed Confidentiality Stipulation

and Protective Order may be executed in counter-parts by counsel for the parties and maintain its
full and binding force and effect.

IT IS SO ORDERED.
DATED: January 21, 2016

DONALD G. WILKERSON
United States Magistrate Judge

Kevin J. Adrian #6257347
BROWN & JAMES, P.C.
800 Market Street, Suite 1100
St. Louis, Missouri 63101-2501
[phone]
[phone]-FAX
[e-mail]
Attys. for Deft. Wexford Health Sources,
Inc.

___________________________________
Douglas W. Taylor, #R69710
Lawrence Correctional Center
10930 Lawrence Road
Sumner, Illinois 62466

___DISMISSED_____________
Matthew Tamul
IL Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
[e-mail]
Attorney for Deft. Hodge

____________________________
Scott D. Stephenson
Steven M. Brandstedt
Litchfield Cavo LLP
303 West Madison Street
Suite 300
Chicago, Illinois 60606
[e-mail]
[e-mail]
Attorneys for Dr. Hohenbary

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
DOUGLAS W. TAYLOR, #R69710
Plaintiff,
vs.
WEXFORD HEALTH SOURCES, INC., et al.,
Defendants.

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Case No. 14-cv-122-NJR-DGW

EXHIBIT "A" TO PROTECTIVE ORDER
"WRITTEN ASSURANCE"
____________________________________ being first duly sworn, deposes and says:
1.
I have been requested by (Plaintiffs or Defendants), through counsel, to inspect
certain material which is confidential within the terms of the Protective Order issued by the
Court in the above entitled action, for the purpose of assisting counsel in the action;
2.
I have read the Protective Order of _________________, 20___ entered in this
matter, and I agree to be bound by it in the same way that the parties are bound; and
3.
I hereby agree to submit to the jurisdiction of the Circuit Court of St. Clair
County, State of Illinois, for enforcement of the undertakings I have made here.

_____________________________

Subscribed and sworn to before me this _________ day of _________________, 20__.

_____________________________
Notary Public