Inge et al v. Covenant Medical Group

Filing 16

ORDER granting 14 Unopposed Motion to Enter Confidentiality Order by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

ELIZABETH INGE, et al.,
Plaintiffs,
v.

No. CIV 17-0221 SMV/CG

COVENANT MEDICAL GROUP,
Defendant.

STIPULATED CONFIDENTIALITY ORDER CONCERNING DOCUMENTS
PRODUCED BY COVENANT MEDICAL GROUP
THIS MATTER is before the Court on Defendant’s Unopposed Motion to Enter
Confidentiality Order (Doc. 14), filed June 5, 2017. Upon the stipulation of all parties, IT
IS HEREBY ORDERED:
1.

All confidential Information produced or exchanged in the course of this

litigation by the Covenant Medical Group Defendant that is marked “Confidential” shall
be used solely for the purpose of preparation and trial of this litigation and for no other
purpose whatsoever and shall not be disclosed to any person except in accordance with
the terms hereof.
2.

Confidential information shall not, without the consent of Covenant

Medical Group producing it or further Order of the Court, be disseminated in any
manner whatsoever to the public or disclosed to third parties except that such
information may be disclosed to:
a.

Attorneys actively working on this case;

b.

Persons regularly employed or associated with the attorneys
actively working on the case whose assistance is required by said
attorneys in the preparation for trial, at trial, or at other proceedings
in this case;

c.

The parties, including designated representatives for the entity
parties;

d.

Expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for
preparation, trial or other proceedings in this case;

e.

Employees of outsider copying, document imaging and facsimile
services, provided that these individuals are aware that the
confidential and/or proprietary documents are subject to the
confidentiality order;

f.

Mediators, secretaries, paraprofessional assistants, and other
employees of such mediators who are actively engaged in assisting
the mediators in connection with this matter, provided that these
individuals are aware that the confidential documents are subject to
the confidentiality order;

g.

The Court and its employees (“Court Personnel”);

h.

Stenographic

reporters

who

are

engaged

in

proceedings

necessarily incident to the conduct of this action;
i.

Deponents, witnesses or potential witnesses; and

j.

Other persons solely by written agreement of the parties.

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3.

Confidential information may be used as exhibits during the course of a

deposition, as long as it is clearly identified as such. Any such deposition exhibit or
testimony regarding such exhibit shall not be filed with the Court except in accordance
with paragraph 4 of this Order.
4.

The parties agrees to limit submission of Confidential Information to those

documents necessary to decide the matters pending before the Court. The parties
agree that before any party submits any such documents to the Court, including the
submission of the Covenant Medical Group Defendant’s confidential information in
motions and pleadings, counsel will confer with the Covenant Medical Group
Defendant’s counsel, and determine whether the documents may be filed with
redactions or whether they must be filed under seal.
5.

No party nor their counsel shall disseminate documents produced

pursuant to this Order to the public and such information is to be used for this lawsuit
only.
6.

Nothing in this Order shall preclude any party from opposing production of

any documents or information for any reason other than because it is Confidential
Information, or from seeking further or different relief should future activities indicate
such need.
7.

This Order does not constitute any ruling on the question of whether the

above-described documents are properly discoverable and does not constitute any
ruling on any potential objection to the discoverability, relevance, or admissibility.
8.

Upon the conclusion of litigation in this matter, Covenant Medical Group

agrees to request the return of material covered under this Order. This request will

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trigger the other parties’ obligation to return such materials. Materials will be returned
within 30 days of Covenant Medical Group Defendant’s request under this paragraph.

___________________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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