Couchon v. Cousins et al

Filing 8

Judge Richard G. Stearns: ORDER entered granting 7 Motion for Protective Order in light of the need for information that may not be discoverable without a confidentiality order. (RGS, int2)

Case 1:17-cv-10965-RGS Document 7-1 Filed 07/27/17 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
C.A. NO. 17-10965-RGS
ANTHONY COUCHON,
Plaintiff

)
)
)
v.
)
)
FRANK COUSINS, ET AL,1 )
Defendants
)
)
PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the parties to this action
and their counsel are subject to the following Protective Order:
1.

This Order is intended to cover, without limitation, all information contained in

the personnel files of Defendants and/or Defendants’ employees or agents. All material subject
to this Order shall be so labeled when produced by Defendants.
2.

If a party seeks to establish that documents or information contained in this

document are not entitled to such status and protection for reasons which shall include the public
interest, the party shall advise opposing counsel of the basis of the objection. If the parties
cannot resolve the dispute within ten (10) days of such notification, the party seeking to establish
confidentiality shall bring the matter to the Court for resolution and shall bear the burden of
establishing that a protective order concerning the documents or information is appropriate. See
Anderson v. Cryovac, 805 F.2d 1 (1st Cir. 1986).
3.

Confidential documents are to be used by the parties only in connection with

litigating this case, unless the confidentiality of the documents is successfully challenged at a
later date.

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4.

Confidential material may only be disclosed as follows:
a.

to the Court, in camera or under seal;

b.

to attorneys of record, including their partners and associates and
employees who are directly assisting the attorneys of record, and to
involved insurance personnel, provided that such persons are informed of
their obligations under this Order and agree to be bound by this Order;

c.

to experts, under these conditions: (1) the attorney of record shall first
inform each expert that the disclosed material is confidential, is to be held
in strict confidence, and is to be used solely to prepare and present
evidence in the litigation, and that these restrictions are imposed by court
order; (2) the expert shall agree in writing to be bound by this Order; and

d.

to parties, subject to the terms of paragraph (7);

e.

To investigators, agents, constables, sheriffs or others that counsel for any
of the parties may utilize to discover the present address, state of
knowledge of relevant facts to the litigation, and attendance of persons at
trial and discovery proceedings in connection with the instant litigation.

5.

Confidential material may not be otherwise disclosed without the prior written

consent of the party producing same, unless confidentiality is successfully challenged at a later
date.
6.

Copies of confidential material may not be made except for an expert who

requires a copy for review, file copies for counsel and insurance personnel, copies for use at
depositions, in support of motions and for use at trial. To the extent copies are made as provided

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Michael Marks and Leonardo Jorge

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Case 1:17-cv-10965-RGS Document 7-1 Filed 07/27/17 Page 3 of 4

in this paragraph, such copies shall themselves become confidential documents and shall be
subject to all the terms of this Order as if they were a “first generation” document.
7.

Attorneys may discuss with their clients the substance of confidential documents, not

including medical records and mental health treatment records, and provide them copies thereof,
providing attorneys advise their clients that the information is subject to a protective order and may
not be disclosed to anyone else. Medical records and mental health treatment records may not be
discussed with or provided to clients.

8.

During his or her oral deposition, a deponent may be shown confidential

documents or information so that the deponent can answer questions based on it. To the extent
that the deposition transcript incorporates into it confidential material, Defendants shall identify
any portion of the transcript incorporating such material which then shall itself become a
confidential document and shall be subject to all the terms of this Order as if it were a “firstgeneration” document. Exhibits shall be considered “first-generation” documents and shall not
be reproduced, except as herein provided. A deponent who is not a party to the litigation shall be
furnished a copy of this Order before being examined upon, or asked to produce, potentially
confidential documents.
9.

The use of the confidential documents at trial shall be determined by the trial

10.

If another court or administrative agency subpoenas or orders production of

court.

material marked “confidential,” the recipient of the subpoena or order shall promptly notify the
other party of the pendency of the subpoena or order.
11.

The provisions of this Order shall survive the termination of this action, except to

the extent that confidential information becomes part of the public record at trial. Within ninety
days of the termination of the action, all confidential documents marked shall be returned to the
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producing party through its attorneys or destroyed by shredding with the written permission of
the producing party.
12.

Documents produced under this Order shall not be deemed to waive any

applicable privileges.
13.

This Order may be modified by this Court upon application by a party, with

notice.

/s/ Richard G. Stearns

Date: 7/28/2017

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