Doe 4 v. Freeburg Community Consolidated School District No 70 et al

Filing 121

AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 11/21/2017. (sgp)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
IN THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS DIVISION
JOHN DOE 4,
Plaintiff,
v.
FREEBURG COMMUNITY
CONSOLIDATED SCHOOL DISTRICT
NO. 70, a corporation, HERSCHEL
PARRISH, CLARENCE
HAEGE, and LAWRENCE MEGGS,
Defendants,

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Case No.: 3:14-cv-00674-NJR-DGW

AMENDED PROTECTIVE ORDER
In order to facilitate discovery and to prevent unnecessary disclosure of confidential
information concerning the identity of the Plaintiff, and the identity of other alleged victims of
childhood sexual abuse, the Court enters this Agreed to Protective Order at the request of the
parties pursuant to Federal Rule of Civil Procedure 26(c).
IT IS HEREBY ORDERED that the following procedures shall be adopted with respect
to documents and other information produced and/or disclosed in this action:
1.

Due to the explicit nature of this action, including the allegation the plaintiff was

a victim of childhood sexual abuse, the identity of the Plaintiff shall remain confidential
throughout the entire proceedings of this case, including but not limited to the discovery process,
as named Defendants have been apprised of the true identity of the Plaintiff, John Doe 4, in this
matter.
2.

That one or more of the parties are aware of the identity of other alleged victims

of childhood sexual abuse who were/are students of Freeburg Community Consolidated School

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District No. 70. (hereinafter “other alleged victims”). Due to the explicit nature of this action,
and the fact that these alleged victims were minors at the time of the alleged abuse, the identity
of these other alleged victims shall remain confidential throughout the entire proceedings of this
case, including but not limited to the discovery process. The parties will agree to apprise each
other of the true identity of these other alleged victims pursuant to the terms of this protective
order.
3.

The identity of the Plaintiff and other alleged victims shall not be disclosed to any

person except hereafter provided.
4.

All documents and materials filed with the Court, including, but not limited to,

any deposition transcripts, exhibits, answers to interrogatories, briefs, memoranda, affidavits
and/or pleadings which contain the identity of the Plaintiff or other alleged victims, shall be filed
in accordance with Local Rule 5.1(d) including, but not limited to, refraining from including, or
redacting where inclusion is necessary, any personal identifiers of the Plaintiff or other alleged
victims.
5.

The identity of the Plaintiff and/or any other alleged victim shall not be disclosed

to any person other than:
(a) The Court, provided that any such material containing the identity of the
Plaintiff and/or any other alleged victim that is filed with the Clerk of the
Court, shall be sealed pursuant to paragraph 4, above, and subject to release
only by Order of the Court;
(b) Counsel of record for the parties herein (including other attorneys and staff in
their offices);

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(c) Consultants and experts (and their employees and staff) specifically employed
by counsel to assist in the conducting of this litigation;
(d) The Defendants, including the present and former officers, directors and
employees of the Defendant Freeburg Community Consolidated School
District No. 70 who are involved in the discovery proceedings or preparation
of this action for trial;
(e) Persons who are actual or potential witnesses or deponents in this action,
provided, however, that such persons shall not be allowed to retain copies of
any and all information concerning the identity of the Plaintiff and/or any
other alleged victim;
(f) Such other persons as may be hereafter authorized in writing by the Plaintiff
and other alleged victims,
(g) AIG Property Casualty, Inc., and
(h) Such persons as may be hereafter authorized by further Order of the Court.
This Order shall not limit the right of the Plaintiff or other alleged victims to disclose his
or her identity to any persons and/or entities of his or her own choosing. Such a disclosure shall
not waive the protection of this Order.
6.

Prior to any disclosure by counsel of the identity of the Plaintiff and/or other

alleged victims to any person listed in paragraph 5(c), 5(d), 5(e), 5(f), 5(g), and 5(h) of this
Order, a copy of this Order shall be presented to that person, who shall review it and who shall
signify that he or she has reviewed the contents of this Order and consents to be bound by its
terms. The improper disclosure of the identity of the Plaintiff and/or other alleged victims may
be punishable at the discretion of the Court in addition to all other remedies available to a party.

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In addition, prior to any disclosure by counsel to any persons listed in paragraph 5(c), 5(d), 5(e),
5(f), 5(g), or 5(h) each person shall have executed a certification in the form attached hereto as
Exhibit A, a true copy of which shall be maintained by counsel, and be advised that any violation
of this Order shall be subject to sanctions including but not limited to contempt of Court. No
person under paragraph 5(d), 5(e), 5(f), 5(g), or 5(h) shall be permitted to retain copies of any
and all information concerning the identity of the Plaintiff and/or other alleged victims. In the
event that a person listed in paragraph 5(c), 5(d), 5(e), 5(f), 5(g), or 5(h), refuses to sign the
certification form attached hereto as Exhibit A, counsel seeking to disclose the identity of the
Plaintiff and/or other alleged victims may not do so unless they move the Court for permission to
make such disclosure without obtaining a signed certification and receive an Order to that effect,
or unless the Plaintiff and other alleged victims authorize such disclosure in writing. Disclosure
of the identity of the Plaintiff and/or other alleged victims pursuant to a grant of such permission
by the Court or pursuant to such authorization by the Plaintiff or other alleged victims, shall be in
accordance with all other provisions of this Order, and any violation may be sanctionable at the
discretion of the Court and in addition to all other remedies available to a party.
7.

Any deponent who is to be questioned concerning the identity of the Plaintiff or

any other alleged victim, as well as the deponent’s counsel if the deponent is not represented by
counsel representing a party in this action, must be furnished with a copy of this Order and shall
be required to sign a certification in accord with Exhibit A. All counsel shall use their best
efforts to persuade the deponent and counsel to sign such certification. Should the deponent or
counsel refuse to sign such certification, and the deposing party still wishes to question the
deponent, the deposing party must move the Court, in accord with the terms herein, for an Order
allowing the examination, unless the Plaintiff and/or other alleged victims authorize such

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disclosure in writing. The examination of a deponent concerning the identity of the Plaintiff
and/or other alleged victims, pursuant to such a grant of permission by the Court or such
authorization by the Plaintiff and/or other alleged victims shall be in accord with all other
provisions of this Order, and any violation may be sanctionable at the discretion of the Court in
addition to all other remedies available to a party. Whenever the identity of the Plaintiff and/or
other alleged victims is to be discussed or disclosed in a deposition, either party may exclude
from the room during such testimony any person who is not authorized to receive such
information under this Order. The failure of such other persons to comply with a request of this
type shall constitute substantial justification for counsel to advise the deponent that he or she
need not answer the question. Any court reporter who reports or transcribes testimony shall also
agree not to disclose the identity of the Plaintiff and other alleged victims except as provided for
under the terms of this Order by signing a certification in the form attached hereto as Exhibit A.
8.

The terms of this Protective Order shall continue to be binding both during and

after the disposition of this case, including any appeals.
9.

The parties are instructed that any request made pursuant to this protective order

must be consistent with the Order Regarding Discovery (to be filed in this matter). No written
motions should be filed except by leave of Court.

DATED: November 21, 2017

DONALD G. WILKERSON
United States Magistrate Judge

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EXHIBIT A
CERTIFICATION

I, __________________________, hereby certify that I have read and understand the
contents of the Protective Order entered in the case styled John Doe 4 v. Freeburg Community
Consolidated School District No. 70, a corporation, Herschel Parrish, Clarence Haege, and
Lawrence Meggs, Case No.: 3:14-cv-00674-NJR-DGW, in the United States District Court in
the Southern District of Illinois, East St. Louis Division. I further certify that I agree to abide by
all terms and conditions of the Protective Order with regard to the confidentiality of the
Plaintiff’s identity, the identity of other alleged victims and confidential discovery material in
John Doe 3 v. Freeburg Community Consolidated School District No. 70, a corporation,
Clarence Haege, and Lawrence Meggs, Case No.: 3:12-CV-00084-DRH-SCW, in the United
States District Court in the Southern District of Illinois, East St. Louis Division.

Dated this _______ day of ___________________, 20____.

NAME:

__________________________________________________________________

TITLE:

__________________________________________________________________

ADDRESS:

__________________________________________________________________
__________________________________________________________________

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