Barrow v. Wexford Health Sources, Inc. et al
Filing
111
PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 8/14/15. (sgp)
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
RONALD BARROW, #N52087
Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC., DR.
ROBERT SHEARING, DR. JOHN TROST,
GAIL WALLS, KIMBERLY BUTLER,
WARDEN,
Defendants.
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Cause No. 14-cv-00800-NJR-DGW
PROTECTIVE ORDER
Before this Court is a Motion for Protective Order filed by Defendant regarding Wexford
Health Sources, Inc.’s Contract with the Illinois Department of Corrections, policies, procedures,
and documents. The Court, being fully advised in the premises, hereby GRANTS IN PART said
motion. This Court hereby enters a Protective Order regarding Wexford Health Sources, Inc.’s
contract, policies, procedures, and documents that may be produced during discovery or during
trial. A Protective Order is necessary and appropriate pursuant to Fed. R. Civ. P. 26(c), and the
Court being otherwise fully advised in the premises, it is hereby ordered:
1.
Portions of Wexford’s contract, policies, procedures, and documents contain
highly sensitive and proprietary business information that could be very valuable to Defendant
Wexford’s competitors if publically released. Said copies produced in this action shall be
stamped with the phrase “Confidential and Subject to Protective Order” (the “protected
documents”), stamped with the case number, with confidential and proprietary information
redacted, and shall be protected and given confidential treatment as described in this Order.
6087332.1
2.
These protected documents shall be provided to the Wexford Site Coordinator at
Menard Correctional Center and shall not be disclosed to any person except:
a.
b.
This Court and its officers;
c.
Stenographic reporters;
d.
Defendants;
e.
Employees of counsel; and
f.
3.
Plaintiff and Defendants’ attorney(s);
Experts retained in this litigation.
The Wexford Site Coordinator shall provide an opportunity for Plaintiff to view
and take notes of documents produced pursuant to Plaintiff’s requests. Plaintiff shall have the
opportunity to view the documents in a locked environment for two hours, after which point the
Site Coordinator will retrieve all responsive documents and retain them. At the time that Plaintiff
is provided access to the documents, Defendants SHALL FILE with the Court a notice indicating
the date and time that Plaintiff reviewed the documents and the number of pages of documents
that Plaintiff was provided to review.
4.
Plaintiff may request additional time to view the protected documents. If the
Wexford Site Coordinator deems it appropriate, in light of the security considerations of the
institution where Plaintiff is incarcerated, Plaintiff may be afforded additional time. Such time
will not be withheld arbitrarily. Documents will be retained by the Wexford Site Coordinator. If
Plaintiff is denied access or additional time and requires additional time to view the documents,
he may file a Motion with the Court. A response to said motion shall be filed within 5 business
days.
6087332.1
5.
Except as otherwise provided by this Order or by further order of the Court, the
protected documents shall be used for no purpose other than prosecuting or defending the abovecaptioned proceeding and shall be disclosed only to the persons identified in Paragraph 3, and
they shall not be used in any other civil case, criminal case, litigation, or matter.
6.
Individuals or entities permitted access to protected documents pursuant to
Paragraph 3 above are hereby ordered not to show, convey, or reproduce any information or
document so designated, or parts thereof, or copies thereof, or any matter contained therein, or
any abstracts or summaries thereof, to any individual or to any entity who would not otherwise
have access to said material under the provisions of this order, unless they secure the written
consent of the designating party or obtain permission from this Court, upon motion and with
notice to all parties.
7.
Any party may apply to the Court for relief from, or modification of, this Order.
8.
This Order is without prejudice to the rights of any party to (1) object to the
production of documents or information that it considers to be privileged, irrelevant or
immaterial, or (2) to challenge such confidentiality, and shall not be considered a waiver of any
applicable privilege or immunity from discovery or as a concession by the designated party that
such information is relevant or material to any issue.
9.
This Order shall not prevent any of the protected documents from being used by
the Court or counsel of record at any trial or other proceeding in this action only, subject to such
confidentiality provisions as the Court may then prescribe.
10.
Following the termination of this litigation, whether by final judgment and appeal
or by settlement, the parties shall destroy the protected documents.
6087332.1
11.
This Protective Order shall remain in full force and effect after the termination of
this litigation, or until canceled, vacated or otherwise modified by order of this Court.
12.
In the event that either party wishes to file a document or information under seal,
that party must first file a motion in advance seeking to file the document[s] or information under
seal (With the limited exception of information covered by Local Rule 5.1(d)). When filing the
motion to seal, the party will contemporaneously submit the document[s] or information in
question to the Court for in camera review. The Court will then make an individualized
determination of whether any such document[s] or information can be filed under seal. See
Citizens First National Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999); Baxter
Int., Inc. v. Abbot Labs. 297 F.3d 544 (7th Cir. 2002); Bond v. Utreras, 585 F.3d 1061, 1073 76 (7th Cir. 2009). Any document or information filed under seal without prior Court approval
will be unsealed and become part of the public record.
13.
Anyone with knowledge of the contents of this order shall be bound by its terms.
IT IS SO ORDERED.
DATED: August 14, 2015
DONALD G. WILKERSON
United States Magistrate Judge
6087332.1
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