Lucas et al v. BT-OH et al

Filing 23

PROTECTIVE ORDER Signed by Judge Brian Morris on 1/23/2017. (ELL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
TROY LUCAS and JACKIE LUCAS,
Plaintiffs,

CV-16-12-BU-BMM

vs.
BT-OH LLC, MONTBILL INC., and
JOHN DOES 1-10,

PROTECTIVE ORDER

Defendants.

Defendant BT-OH LLC (BT-OH) has moved for an Order directing

Dr.

Jeffrey Cory, Ph.D. to produce to counsel a complete copy of Plaintiff Troy Lucas’s
medical records, including the testing materials and raw data from any and all
neuropsychological tests performed on Mr. Lucas. BT-OH has also moved for the
issuance of a Protective Order regarding the production of Dr. Cory’s file.
Plaintiffs do not oppose BT-OH’s motion. (Doc. 16 at 2). Dr. Cory does not
oppose BT-OH’s motion to the extent it seeks a Protective Order. (Doc. 17 at 1).
Dr. Cory does oppose BT-OH’s motion, however, to the extent it seeks the
production of raw neuropsychological test data to counsel. Id. The Court
conducted a hearing on BT-OH’s motion on January 19, 2017. For the reasons
discussed in open court,

IT IS ORDERED:
1.

Defendant BT-OH’s Motion for Protective Order (Doc. 13) is

GRANTED.
2.

Dr. Cory shall produce to Plaintiff’s counsel a complete copy of

Troy Lucas’s medical records, including the testing materials and raw data from any
and all neuropsychological tests performed on Troy Lucas.
3.

To ensure and protect against the unfettered public disclosure of

confidential or proprietary information, any documents produced by Dr. Cory in
response to this Order, other than Dr. Cory’s treatment records and reports, shall be
governed by the following terms and conditions:
a.

Upon receipt of the responsive materials from Dr. Cory,

Plaintiffs’s counsel shall assign an identification number to the
materials, and shall mark/stamp each document “Confidential”
(hereinafter referred to as “Confidential Materials”);
b.

The Confidential Materials may be used only for purposes of

this litigation. Such materials shall not be used for any other purpose,
including disclosure to the public or media, use for any business or
commercial purpose, or use in any other litigation or proceeding. The

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foregoing shall not apply to discovery materials that properly become
part of the public record;
c.

The Confidential Materials may not be disseminated, disclosed,

summarized, described, or otherwise communicated or made available
in whole or in part to any person except the following “Authorized
Persons:”
(i)

Counsel for the parties, and the paralegals, secretaries,

employees, and service vendors of such counsel (such as outside
copying services and outside litigation support services) who are
assisting in the preparation and trial of this action;
(ii)

Any person indicated on the face of a document to be the

author, addressee, or an actual or intended recipient of the
document;
(iii)

Experts or consultants necessary to assist counsel for the

parties, and secretaries, employees, and service vendors of such
experts or consultants (such as outside copying services and
outside support services) who are assisting in the preparation
and trial of this action, provided that such expert or consultant is

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using said Confidential Materials solely in connection with this
action;
(iv)

Witnesses or deponents and their counsel, only to the

extent necessary to conduct or prepare for depositions or
testimony in this action;
(v)

The parties themselves;

(vi)

The Court, persons employed by the Court, and court

reporters/videographers transcribing or recording any hearing,
trial, or deposition in this action, or any appeal therefrom;
(vii) Every person to whom Confidential Materials are
disclosed, summarized, described, or otherwise communicated
or made available in whole or in part, shall be advised that the
information is being disclosed pursuant and subject to the terms
of this Order and may not be disclosed or used for purposes
other than those permitted hereunder. Each such person shall
maintain the Confidential Materials, or information derived
therefrom, in a manner reasonably calculated to prevent
unauthorized disclosure.
d.

The obligation to prevent the unauthorized disclosure of these
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Confidential Materials shall continue after the completion of this
litigation, including any related appeal. BT-OH and BT-OH’s
experts/consultants shall destroy the Confidential Materials upon
resolution of this action, whether by summary order, settlement, trial,
or final appeal.
e.

This Order shall have no effect upon and shall not apply to

Dr. Cory’s use of the materials.
DATED this 23rd day of January, 2017.

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