Smith v. Jefferson Behavioral Health System et al
JOINT AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 3/24/2017. (agm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Denise L. Smith
Jefferson Behavioral Health System, et al.
Case No.: 2:16 CV 00883
Chief Judge Sargus
Magistrate Judge Jolson
PARTIES’ JOINT AGREED PROTECTIVE ORDER
Pursuant to Rule 26 of the Federal Rules of Civil Procedure, and for good cause shown,
the parties hereby stipulate to the entry of the following protective order in order to preserve and
maintain the confidentiality of personal, private, confidential, and medical information which
may be disclosed by Plaintiff, Denise L. Smith (“Smith”) or obtained by Defendants through
testimony and/or the production of certain records by and between the parties during the course
of discovery in this case. The parties agree that good cause exists for this Agreed Protective
Order in order to preserve the confidentiality and privacy interests of medical information of the
Plaintiff that should not be released to the public and which the parties may seek production of
through their respective discovery requests. The Court specifically finds that good cause exists
for this Agreed Protective Order.
This Agreed Protective Order shall govern the disclosure and use of the parties’
Confidential Information produced in connection with this litigation. All information which is or
has been produced by the parties or discovered in this litigation regarding either party, if
designated Confidential, shall be used solely for the prosecution or defense of this litigation. The
measures designated by the parties in this Agreed Protective Order are reasonable and will not
prejudice anyone or unduly burden the court.
This Agreed Protective Order is necessary to preserve the legitimate medical and
privacy interests of the Plaintiff and establishes a procedure for disclosing Confidential
Information to the parties in this litigation, imposes obligations on persons receiving
Confidential Information to protect it from unauthorized use or disclosure, and establishes a
procedure for challenging confidentiality designations.
By entering into this Agreed Protective Order the parties do not intend to waive
any objections raised in response to discovery, nor does this Agreed Protective Order in any way
obligate the parties to produce specific documents or records in the future which a party deems
inappropriate for production.
This Agreed Protective Order is intended to preserve and maintain personal,
private, confidential and medical information, the disclosure of which could cause injury or
damage to either party. This Agreed Protective Order is also intended to preserve personal,
private, and confidential information pertaining to Jefferson Behavioral Health System
employees (past or present), officers, directors, managers, consultants and agents such as
personal financial information, personal medical information, social security numbers, and other
sensitive or personal, private information.
Any documents produced subject to the terms of this Agreed Protective Order
and designated as “Confidential” shall be considered “Confidential”.
All documents so
designated and produced subject to this Agreed Protective Order shall be designated or stamped
Documents designated as “CONFIDENTIAL” will include personal, private,
and/or confidential information relating to Plaintiff’s medical treatment, diagnosis, or
condition(s), Jefferson Behavioral Health System’s employees, officers, directors, managers,
consultants or agents. Additional documents may be later identified by either party which shall
also be considered “Confidential” and such records shall be given similar protections pursuant to
this Agreed Protective Order as specifically designated by the parties.
Confidential documents or information shall not be exhibited, disseminated,
copied, or in any way communicated to anyone for any purpose whatsoever, other than in
conjunction with the above-captioned litigation. Except as provided for in this Agreed Protective
Order, the parties shall keep all documents or information covered by the terms of this Agreed
Protective Order from all persons as provided for by the terms of this agreement.
Neither the receiving party nor its representatives shall disclose documents
designated as Confidential, other than to the following persons (hereinafter referred to as
Either party and the designated counsel of record in this action;
All attorneys for the parties in this action, including in-house attorneys,
and their assistants, associates, paralegals, clerks, stenographic personnel,
those individuals specifically acting at the direction of counsel;
Independent experts and consultants retained by any party whose
assistance is necessary for the preparation of trial of this specific action;
Witnesses for each party provided that such witnesses expressly agree to
comply with the teams of this Protective Order and provided that such
witnesses shall be allowed to review the CONFIDENTIAL documents or
information, but shall not be provided with copies of the
CONFIDENTIAL documents or information; and
The Court (including any agent of the Court), the jury and any court
reporter used during depositions.
This Agreed Protective Order permits the parties and their designated representatives to view
documents or information designated as CONFIDENTIAL exclusively for purposes of this
litigation; however, the parties and their designated representatives are precluded from sharing
and/or disclosing that information to anyone other than their designated counsel of record in this
action, Accordingly, the parties and their designated representatives expressly agree to maintain
the confidentiality associated with those documents designated as CONFIDENTIAL and agree
that they will not disclose or otherwise share such information with anyone other than their
designated counsel of record in this action at any time either during the pendency of this action
or subsequent to the conclusion of the litigation. To the extent CONFIDENTIAL documents are
used as exhibits or attachments to any filing with the Court in the above-captioned litigation, the
party so using the CONFIDENTIAL documents will comply with Local Rule 5.2.1 and first
obtain leave of Court.
Nothing in this Agreed Protective Order precludes or limits a party from
viewing its own confidential documents.
As used herein, the following definitions shall apply:
“Confidential Information” or “Confidential” means any information or
documents (regardless whether in electronic or hard copy format) that:
is personal, private or medical information relating to Plaintiff’s
medical treatment, diagnosis, or condition(s), whether past or
is personal or private or confidential information relating to any
Jefferson Behavioral Health System’s employees (past or present),
officers, directors, managers, consultants or agents such as personal
financial information, social security numbers, or personal medical
Confidential documents or information subject to this protective order shall not
be made public by counsel for the receiving party or divulged to anyone other than the persons
entitled to access such information under paragraph 8.
Nothing shall prevent disclosure beyond the terms of this Agreed Protective
Order if the other party expressly consents to such disclosure, either in writing or in the record of
any proceeding in this litigation, or if the Court, after notice to all affected parties, orders such
The provisions of the Agreed Protective Order shall survive the conclusion of this
This Agreed Protective Order shall not prohibit disclosure of Confidential
documents or information to the Court or Court personnel (including any Court for purposes of
appellate review) at any time. Any party and any interested member of the public can challenge
the secreting of any particular documents.
Upon written request by counsel for the respective party, the party having
received any documents or information subject to this Agreed Protective Order shall return these
items at the close of this litigation.
The parties, by their respective counsel, hereby agree and stipulate to each of the terms
and conditions as set forth in the foregoing Agreed Protective Order.
/s/ Andrew J. Thompson
Andrew J. Thompson (0071530)
SHAPERO | ROLOFF CO., LPA
U.S. Bank Centre
1350 Euclid Avenue, Suite 1550
Cleveland, Ohio 44115
T: (216) 781-1700
F: (216) 781-1972
Attorney for Plaintiff
/s/ Roy A. Hulme
Roy A. Hulme (0001090)
REMINGER CO., L.P.A.
101 West Prospect Avenue, Suite 1400
Cleveland, Ohio 44115
T: (216) 687-1311
F: (216) 4302278
Attorney for Defendants
IT IS SO ORDERED.
Date: March 24, 2017
/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE
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