Doe, XX v. Holy See (State of the Vatican City) et al

Filing 24

ORDER granting 23 Motion for Protective Order. Signed by Magistrate Judge Docia L Dalby on May 10, 2012. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHN DOE XX

§ C.A. NO. 3:11-cv-00651-JJB-DLD
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VS.
HOLY SEE (State of the Vatican City), et al

UNOPPOSED PROTECTIVE ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND MATERIALS
WHEREAS, John Doe XX (“Plaintiff”), by and through his/her attorneys, has requested
Roman Catholic Church Of The Diocese Of Baton Rouge, Most Reverend Robert W. Muench,
His Predecessors And Successors, As Bishop Of The Roman Catholic Church Of The Diocese
Of Baton Rouge, Fireman’s Fund Insurance Company (hereinafter “Defendants”) to make
available for inspection and/or copying documents and various materials including, but not
limited to, Diocesan files in possession of Roman Catholic Church of the Diocese of Baton
Rouge;
WHEREAS, the Roman Catholic Church of the Diocese of Baton Rouge and its insurers
contend that Roman Catholic Church of the Diocese of Baton Rouge’s files of its clerks and
employees are confidential and proprietary as hereinafter defined;
WHEREAS, the Plaintiff disputes that the requested documents are confidential or
subject to any confidentiality requirements;
WHEREAS, the documents as maintained by the Defendants are not marked confidential
but shall be marked confidential for purposes of this litigation; and
WHEREAS, the Roman Catholic Church of the Diocese of Baton Rouge and its insurers
require that the confidentiality of the documents and/or materials, and the information contained
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in the documents and materials be maintained as well as the confidentiality of the fact of the
existence of the documents and materials and their description and identity; and
IT IS HEREBY ORDERED THAT:
1.

At such time as Roman Catholic Church of the Diocese of Baton Rouge and its

insurers deliver to plaintiff and plaintiff’s attorneys Roman Catholic Church of the Diocese of
Baton Rouge’s files, Roman Catholic Church of the Diocese of Baton Rouge and its insurers
shall mark these documents, materials, or information as “confidential.” Confidential documents
and materials shall be so designated by prominent markings placed on each document or item at
or before the time the document or item is divulged or produced for inspection.
2.

The parties and their attorneys shall not give, show or otherwise directly or

indirectly disclose any such confidential documents, materials or information produced by the
Defendants and its insurers in this action, or the substance thereof, or the existence thereof, or
any copies, prints, negatives or summaries thereof, and will not disclose the fact of the existence
thereof, to any entity or person. Any disclosure of these protected materials in violation of this
Order will be punishable as a direct contempt. Each third party to whom disclosures are made
shall be considered a separate violation of the Order.
3.

Upon completion of the trial and any appeals in this action and the satisfaction of

any judgment or upon the conclusion of any settlement, the parties and their attorneys shall
return to the Defendants and its insurers all confidential materials and all copies of all
confidential materials.
4.

The parties to this action and their attorneys agree that all objections including,

but not limited to, objections based on hearsay, relevancy, materiality, and privilege are reserved

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and all questions of admissibility may be asserted at the time of trial of any action in which such
confidential documents and/or materials are used or proffered should any such party deem it
proper.
5.

The parties do not waive any rights they may possess to compel further discovery

responses or to object to any further discovery requests made by either party.
6.

Any confidential documents or materials or copies attached as an exhibit to any

deposition taken in this action, and any deposition testimony containing information from
confidential documents and materials, and any papers filed with the Court in this action which
include or summarize any deposition transcripts, testimony, or exhibits containing confidential
information as described herein shall be sealed and protected from disclosure by this Protective
Order. The use of such confidential information during depositions in this action does not waive
the terms of this Protective Order.
7.

Any confidential documents and materials produced during discovery and/or

offered and/or admitted into evidence during pre-trial proceedings, trial, or post-trial
proceedings, and any testimony relating to such confidential documents and materials, and any
papers filed with the Court in this action which attach, include, or summarize any such
confidential information shall be sealed and protected from disclosure by this Protective Order.
Such productions and/or offerings and/or admissions into evidence do not waive the terms of this
Protective Order.
8.

The terms of this Protective Order shall remain fully active until released by

written consent of the Defendants and its insurers or by final Order from the Court. The Court
shall retain jurisdiction over the parties, this Protective Order, and recipients of confidential

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documents and materials for the sole purpose of enforcing this Protective Order and adjudicating
claims of breaches thereof and administering damages and other remedies related thereto. The
provisions of this Protective Order shall continue to be binding as to the confidential documents
and materials produced pursuant to it.
Signed in Baton Rouge, Louisiana, on May 10, 2012.

MAGISTRATE JUDGE DOCIA L. DALBY

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