WORK v. EXCELA HEALTH

Filing 21

PROTECTIVE ORDER. Signed by Judge Maurice B. Cohill on 8/5/14. (bfm )

Case 2:14-cv-00398-MBC Document 20 Filed 08/04/14 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL WORK, ADMINISTRATOR
FOR THE ESTATE OF HEATHER
ELLEN WORK,

)
)
)

)

Plaintiff,

v.
EXCELA HEALTH, T/DIBI A FRICK
HOSPITAL,

Civil Action

No.2: 14-cv-00398-MBC

)
)
)
)

Defendant.

STIPULATION AND PROTECTIVE ORDER
Plaintiff, Michael Work, Administrator for the Estate of Heather Ellen Work, and
Defendant, Excela Health, tldlb/a Frick Hospital, through their respective undersigned counsel, and
pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, hereby stipulate and agree to the
following Protective Order.
I.

All documents or other information produced or provided by the parties in

the course of discovery in this action including. but not limited to, designated deposition testimony
and exhibits, interrogatory responses. responses to requests for admissions, responses to demands
for inspection, documents produced by the parties in the above-captioned action and any
information obtained therefrom ("Protected Information"), shall be subject to this Protective Order
upon either party's good faith designation of such Protected Information as "ConfidentiaL"
2.

This Protective Order shall apply, for example, to Protected Information

produced and/or disclosed by either party including, but not necessarily limited to, documents
produced in response to either party's requests for production of documents as well as
interrogatories served on either party.
3.

The disclosure of Protected Information marked and/or designated as

"Confidential" shall be limited to (a) the attorneys (and their staff and contractors) and parties
involved in the litigation of this matter; (b) stenographic or court reporters involved in the

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Case 2:14-cv-00398-MBC Document 20 Filed 08/04/14 Page 2 of 4

transcription of testimony in this action; (c) witnesses at deposition or trial; and (d) Defendant's
insurance carrier. The Protected Information covered by this Order shall be utilized by the parties
solely in their preparation for and the trial of this action and for no other purpose.
4.

Any person who is to obtain access to Protected Information pursuant to

paragraph 3 (other than the parties and their attorneys) shall, prior to receipt of such confidential
documents or information (a) be informed by the party providing access to such Protected
Information of the terms of this Order; (b) agree in writing to be bound by the terms of this Order;
and (c) submit to the authority of this Court for enforcement of this Order.

S.

The contents of the Protected Information subject to this Protective Order

may be referred to in pleadings, briefs or memoranda filed with the Court, or in depositions
conducted in this case, and the Protected Information may be made exhibits to such pleadings,
briefs or memoranda.

In the event a party includes or refers to Protected Information in any

pleading, motion or paper filed with the Court, that party shall seek the Court's permission to file
the pleading, motion or paper (including all confidential documents and information) under seal in
accordance with the Court's procedures.

Accordingly, the party seeking to file any pleading,

motion or paper with the Court including or referring to Protected Information must first obtain
prior leave of Court for each document that is requested to be filed under seal. Such party may
serve and provide courtesy copies to the Court of such material prior to a ruling regarding the
materials being filed under seal. Service of such papers shall constitute filing of such papers until
the Court rules on the request for the materials to be filed under seal.
6.

No further disclosure shall be permitted without the Order of this Court.

7.

Nothing herein shall affect or inhibit the right of any party to admit into

evidence at trial any information or document protected herein, or to object to the admission into
evidence ofany such information or documents.
8.

At the conclusion of this case, including appeal(s), if any, the parties and

their attorneys of record shall promptly return to the respective parties' counsel all Protected
Information produced by the respective party, including all copies thereof. No party shall have,

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Case 2:14-cv-00398-MBC Document 20 Filed 08/04/14 Page 3 of 4

because of this Order, any obligation to return materials which it possessed prior to the initiation of
this lawsuit.
9.

It is ordered by the Court that this Protective Order will be enforced by the

sanctions set forth in Rule 37(b) of the Federal Rules of Civil Procedure and such other sanctions as
may be available to the Court, including the power to hold parties or other violators of this
Protective Order in contempt. All other remedies available to any person(s) injured by a violation
of this Protective Order are fully reserved.
10.

This Protective Order shall not apply to any document that is a matter of

public record.
Respectfully submitted,

Respectfully submitted,

SAMUEL J. CORDES & ASSOCIATES

COHEN & GRIGSBY, p.e.

By: lsi Samuel 1. Cordes

Samuel J. Cordes

PA 1.0. No. 54874

By: lsi Marie l Rivera-Johnson
James B. Brown
PA 1.0. No. 00436
[e-mail]
Jennifer S. Park
PA LD. No. 87733
[e-mail]
Marie I. Rivera-Johnson
PA 1.0. No. 201467
[e-mail]

245 Fort Pitt Boulevard

Pittsburgh, PA 15222

412-281-7991

CounselJar Plaintif!, Michael Work,
AdministratorJar the Estate oJHeather Ellen
Work

625 Liberty Avenue
Pittsburgh, PA 15222-3152
412-297-4900
412-209-0672 (fax)
Counsel for Defendant. Excela Health, tld/bla
Frick Hospital
Dated: August 4, 2014
IT IS SO ORDERED, this

lIZ

S- day of August, 2014.
)£( .... U. ~!
r ••

e.a.:.u.. 6:

Honorable Maurice B. Cohill, Jr.

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