Tate v. Wexford Health Source Inc. et al

Filing 164

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 4/10/2018. (sgp)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
CARL TATE,
Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC.,
ET AL.,
Defendants.

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Cause No. 3:16-cv-00092-NJR-DGW

PROTECTIVE ORDER
COME NOW Defendants Wexford Health Sources, Inc., Venerio Santos, Martinette
Douglas (the “Wexford Defendants”) and seek entry of a Protective Order relative to Wexford’s
policies, procedures, protocols and other internal, confidential documents produced in response
to Plaintiff’s discovery requests. A Protective Order is necessary and appropriate pursuant to the
terms of Rule 26(c) of the Federal Rules of Civil Procedure to protect the proprietary nature of
the documents sought and to maintain institutional security. Counsel for Plaintiff and counsel
for the IDOC Defendants have consented to this Order. The Court, being fully advised in the
premises, it is hereby ordered:
1.

Copies of the documents the Wexford Defendants in this action in response to

Plaintiff’s discovery requests that are stamped with the phrase “Confidential and Subject to
Protective Order” (the “protected documents”) shall be protected and given confidential
treatment as described in this Order.
2.

Plaintiff’s counsel can obtain a copy of such documents but must comply with all

other provisions herein. Plaintiff’s counsel may discuss the content of the documents with
Plaintiff, but may not provide Plaintiff with copies of the documents.
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3.

Counsel for the co-Defendants can obtain a copy of such documents but must

comply with all other provisions herein. Co-defendant’s counsel may discuss the documents
with Defendants, but may not provide Defendants with copies of the documents.
4.

These protected documents shall be maintained in confidence by counsel and

shall not be disclosed to any person except:
a.
b.

Stenographic reporters;

c.

Counsel for Defendants;

d.

Employees of counsel; and

e.
5.

This Court and its officers;

Experts retained in this litigation.

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 in the manner provided in and only to the persons
identified in Paragraphs 2-4, 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

Paragraphs 2-4 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.

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8.

After the production of protected documents, counsel for the Plaintiff may

challenge the Confidential designation of all or any portion thereof by providing written notice thereof to
counsel for the party disclosing or producing the protected documents. If the parties are unable to reach
an agreement as to the designation of the document, the parties are entitled to request that the Court
determine whether the document is properly designated as Confidential.

9.

This Order is without prejudice to the rights of any party to object to the

production of documents or information that it considers to be privileged, irrelevant or
immaterial, 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.
10.

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.
11.

Following the termination of this litigation, whether by final judgment and appeal

or by settlement, the parties shall destroy or return the protected documents, unless counsel are
bound to preserve their client files for a required number of years by law or other, pre-existing
contractual obligations.
12.

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. Anyone
with knowledge of the contents of this order shall be bound by its terms.
13.

In the event that any 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
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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).
DATED: April 10, 2018

DONALD G. WILKERSON
United States Magistrate Judge

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