Raines, M.D., J.D. v. Bryan Medical Center et al
ORDER granting 18 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDWARD P. RAINES, M.D., J.D.,
CASE NO. 13-3140
BRYAN HEALTH, formerly named
BRYANLGH HEALTH SYSTEM;
INTEGRATED CARDIOLOGY GROUP,
LLC, d/b/a BRYAN HEART; and BRYAN
JOINT STIPULATED PROTECTIVE
The Parties in this action agree, and it is hereby ordered, that this Protective Order
shall govern the use and dissemination of all information, documents, or materials that are
produced by the parties and designated as Confidential.
Limitations under this Protective Order on the use or
disclosure of documents, deposition testimony or other discovery designated as
"Confidential" shall apply to (a) all information, copies, extracts and complete or partial
summaries prepared or derived from such documents or testimony; (b) portions of
deposition transcripts, answers to interrogatories, responses to requests for admissions,
responses to requests for production, initial disclosures and exhibits thereto which directly
refer or directly relate to any such information, documents, copies, extracts or summaries;
and (c) portions of briefs, memoranda or any other writing filed with the Court and exhibits
thereto which directly relate to any such information, documents, copies, extracts or
CONFIDENTIAL DOCUMENTS. Before produced documents are copied or
inspected, the producing party may stamp as "Confidential" any document or deposition
testimony it believes contains confidential or proprietary business information and/or trade
secrets in order to limit disclosure as set forth in this Paragraph 2. Documents may also
be designated as "Confidential" by written notice to opposing counsel which identifies the
documents so designated by Bates number.
The failure to designate information in
accordance with this Protective Order shall not preclude subsequent designation of such
information as Confidential. Documents designated "Confidential," deposition testimony
so designated, and information derived therefrom will be retained by counsel and will not
be used for any purpose other than this litigation and will not be disclosed except pursuant
to court order entered after notice, to anyone except:
Counsel who have signed this Order approving it as to form and content;
attorneys who are employed or are members of the law firms of counsel who
have signed this Order; in house counsel; chief officer executive or vice
president level employees of the named parties; law clerks, secretaries or
paralegals directly involved in the conduct of this litigation;
Experts and consultants retained by either of the parties or their counsel for
purposes of assisting in the preparation or presentation of claims or
Any deposition or trial witness, during the course of deposition or trial
testimony or in preparation for such testimony, when necessary to the
testimony or preparation of such witness;
Any person who was involved in the preparation of the document;
The Court, Court personnel, court reporters and similar personnel;
The named parties to this case, excluding their agents and/or
representatives except those identified at Paragraph 2(a) above.
Employees of outside copy services used to make copies of the Confidential
Any other person with the prior written consent of the party producing the
document, pleading or deposition testimony.
Prior to receiving or being shown such documents or deposition testimony, persons
falling in the categories listed above in subparagraphs (b), (c), and (h) shall be shown a
copy of, and shall agree in writing, or on the record during trial or deposition, to be bound
by the terms of this Protective Order.
During a deposition, any party asserting
confidentiality of any of its documents shall ask the deponent on the record to accept the
terms of this Order, unless the deponent is identified in paragraph 2(a) or 2(f) or has
previously agreed in writing to be bound by the terms of this Order. If the deponent
refuses to assent, disclosure of the documents during deposition shall not constitute a
waiver of confidentiality.
THIRD PARTY WITNESSES.
A copy of this Protective Order shall be
served with a subpoena or Notice of Deposition on each third party deponent. A third
party witness may designate a document as "Confidential" pursuant to this Order by
stamping it with such notice prior to production or so identifying it on the record during the
deposition of that third party. Either party may also designate documents produced by a
third party as being "Confidential" pursuant to the terms of this Order within ten (10) days
of being made aware of the content of such documents. Any document produced by a
third party shall be treated as "Confidential" pursuant to the terms of this Order for such ten
(10) day period and thereafter if designated as "Confidential" by either party or by the third
party which produces it. The "Confidential" restrictions of this Order shall no longer apply
to any document produced by a third party which has not been designated as
"Confidential" by the third party or by a party within such ten (10) day period.
CHALLENGE TO DESIGNATION.
Any party may challenge the
"Confidential" designation of any document, by notifying all interested parties and
providing the producing party ten (10) days in which to move the Court for an Order
preventing or limiting disclosure. The parties shall attempt to resolve such disagreement
before submitting it to the Court. If the producing party files such a motion within such
time, the documents shall continue to be treated as "Confidential" pursuant to the terms of
this Order until such time as the Court has made a ruling with respect to the motion. If no
motion is filed within that time the "Confidential" restriction of this Order shall no longer
apply to such document.
RETURN OF DOCUMENTS.
Upon completion of the litigation all
documents and copies of the same designated "Confidential" shall be destroyed or
returned to counsel for the producing party with signed statement reflecting the disposition.
This Order shall not terminate upon the conclusion of this action but shall continue until the
further order of the Court or until the party claiming confidentiality has waived the same in
USE OF DOCUMENTS. Documents produced by any party, including, but
not limited to, "Confidential" documents and information from any documents acquired in
discovery in this litigation shall not be used for any purpose except in connection with this
litigation pending in the United States District Court for the District of Nebraska, Case No.
13-3140, styled Edward P. Raines, M.D., J.D. v. Bryan Health, formerly named BryanLGH
Health System, Intergrated Cardiology Group, LLC, d/b/a Bryan Heart; and Bryan Medical
Nothing in this Order shall limit any party or person in its use of its own
documents or from disclosing its own documents and information.
This Order or
production of any documents shall not affect the admissibility of any such document or be
deemed a waiver of any objection to the admissibility of such documents.
EXCEPTIONS. The restrictions embodied in this Order shall be binding on
the party to whom "Confidential" information is disclosed unless and until there is a
Such information was or has become public knowledge absent a breach of
this Protective Order; or
The party to whom such disclosure was made had already learned such
information from a third party who himself has not breached any confidential
relationship which may have existed or exists between such third party and
the party making the disclosure.
PROTECTED HEALTH INFORMATION
The parties acknowledge that some of the information produced in this case may
be or contain protected health information within the meaning of the Health Insurance
Counsel and the party seeking protected health information shall not use
or disclose the protected health information for any purpose other than the
litigation or proceeding for which such information has been requested.
Counsel and the party requesting the protected health information shall
return or destroy the protected health information (including all copies
made) at the end of the litigation or proceeding.
Counsel and the party requesting protected health information shall
request, use and disclose only the minimum necessary protected health
information to conduct the litigation or proceeding.
NON-EXCLUSIVITY. This Order does not affect the right of a party to seek
to compel disclosure or production of a document or to seek an order modifying or limiting
this Order in any aspect. The parties reserve the right to apply to the Court for an Order
modifying the terms of this Protective Order, either upon consent of the parties, or upon a
showing of good cause under the particular circumstances.
The obligations and
prohibitions under this Order are not exclusive. All other ethical, legal and equitable
obligations are unaffected by this agreement.
EFFECT UPON TERMINATION OF LITIGATION. After the termination of
the litigation, the provisions of this Protective Order shall continue to be binding. The
parties agree that this Court shall have jurisdiction over the parties, their attorneys, and
experts and consultants, for enforcement of the provisions of this Protective Order
following the termination of the litigation and, by the parties' stipulation to this Protective
Order, hereby consent to this Court's jurisdiction.
WAIVER. Any waiver under this Order must be made in writing or, if at a
deposition or in Court, on the record.
Any party or person subject to the obligations and
prohibitions of this Order who is determined by the Court to have violated its terms is
subject to sanctions imposed by the Court pursuant to the Federal Rules of Civil
SO ORDERED this 11th day of March, 2014
BY THE COURT:
s/Cheryl R. Zwart
United States Magistrate Judge
Prepared and Submitted By:
s/Allison D. Balus
Thomas E. Johnson (NE# 12089)
Allison D. Balus, Esq. (#NE 23270)
BAIRD HOLM LLP
1700 Farnam St., Ste. 1500
Omaha, NE 68102-2068
(402) 344-0500 (phone
(402) 344-0588 (facsimile)
Attorneys for Defendants
Tim Engler (NE# 15940)
HARDING & SHULTZ P.C., L.L.O.
800 Lincoln Square
121 S. 13th Street
P.O. Box 82028
Lincoln, Nebraska 68501-2028
(402) 434-3000 (phone)
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