Garren v. CVS Health Corporation et al

Filing 79

PROTECTIVE ORDER. Signed by Magistrate Judge Debra C Poplin on August 27, 2019. (AYB)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION
TOMMY D. GARREN,

)
)
Plaintiff,
)
)
v.
)
)
CVS PHARMACY, INC.,
)
TENNESSEE CVS PHARMACY, )
LLC and CVS Rx SERVICES, )
INC.,
)
)
Defendants.
)

3:17-cv-00149-CLC-DCP

PROTECTIVE ORDER
1.

This Protective Order shall govern all documents and testimony

produced by the parties in this action that are designated as confidential.
Furthermore, this Protective Order shall govern all information derived from such
documents and testimony, as well as all copies, excerpts, or summaries thereof.
2.

The purpose of this Protective Order is to protect against the

unnecessary disclosure of confidential information. Information and documents
protected by this Consent Protective Order shall include:
a.

All information and documents that refer to, reflect upon, or relate to:

(i) any current or former employee of Defendants including Plaintiff,
and including, but not limited to, documents contained in such
employees’ personnel files and/or Defendants’ Human Resources
Department files; (ii) Defendants’ trade secrets or other confidential
proprietary technical, business, or financial information that is not
generally known to the public; or (iii) patient personal or medical or
other confidential information as to which there is a legitimate
expectation of privacy;
b.

Any financial information not generally available to the public;

c.

Any other documents or testimony which a party in good faith
designates as “confidential.”

The information and documents protected by this Protective Order shall be
referred to as “confidential materials.” The restrictions contained herein regarding
disclosure of confidential materials also apply with equal force to any excerpts,
analyses, or summaries of such items or the information contained therein, as well
as to any pleadings, memoranda, briefs, exhibits, transcripts, or other documents that
may be prepared in connection with this litigation which contain or refer to the
confidential materials or information contained therein.
3.

“Disclosure” or “to disclose” shall mean to divulge, reveal, describe,

summarize, paraphrase, quote, transmit, or otherwise provide or communicate to any

person or entity the confidential materials, whether pursuant to request,
interrogatory, process, or otherwise, and whether in accordance with the Federal
Rules of Civil Procedure or otherwise.
4.

Such confidential materials shall be used solely for the purpose of this

action, shall not be used for any other business, competitive or other purpose, and
shall not be disclosed to any other person or third party other than:
a.

Counsel for the parties in the above-styled action, including employees
of such counsel to the extent necessary to render professional services
in the above entitled action;

b.

The parties in the above-styled action;

c.

The Court and persons employed by the Court working on this
litigation;

d.
e.

Court reporters at the proceedings in this action;
Experts or consultants retained or consulted by the parties in connection
with this litigation, but only as set out in Paragraph 5 below; and

f.

Current CVS Pharmacy, Inc.; Tennessee CVS Pharmacy, LLC; and
CVS Rx Services, Inc. management employees during the course of
noticed depositions. In addition, counsel may show personnel
information designated as confidential to the individual who is the
subject of the personnel information.

5.

Prior to making the disclosure of any confidential materials pursuant to

subsections (e) and (f) of Paragraph 4, counsel making such disclosures shall inform
any person to whom disclosure is being made that the information or documents to
be disclosed or any portions thereof, may be used only for purposes set forth in this
Consent Protective Order.
6.

In the event that any confidential material is referred to or used in the

deposition of any person initiated by any party, the parties’ counsel shall have the
option, during the deposition or within fourteen (14) days after the deposition, to
require the reporter to prepare the transcript and exhibits under seal. Moreover, the
parties may, at the deposition or within fourteen (14) days after receiving a copy of
the deposition transcripts, designate deposition testimony or portions thereof as
“confidential.”
7.

This Protective Order does not limit the right of any party to object to

the scope of discovery or to any particular discovery request in this litigation.
8.

Upon request by the producing party, within 90 (ninety) days of the

conclusion of this matter as to all parties, confidential materials produced by the
producing party, as well as all copies, excerpts, or summaries thereof, shall be
returned to the producing party. In the event counsel possess attorney work-product
containing or referring to confidential materials, such attorney work-product shall
remain subject to the restrictions set forth in Paragraph 4 above or in the alternative

may be destroyed.
9.

Nothing in this Protective Order shall prevent a party from any use of

its own confidential materials. Moreover, nothing in this Protective Order shall limit
the right of the parties to use confidential materials for purposes of this litigation,
including in any pleadings, memoranda, briefs, exhibits, or other documents which
may be prepared in connection with this litigation.
10.

Any party seeking to file confidential materials with the Court and have

such materials sealed, must first comply with the procedures set forth in Local Rule
26.2 and ECF No. 70 as docketed in this case on August 12, 2019.
11.

The inadvertent or unintentional disclosure of any confidential

materials shall not be construed to be a waiver, in whole or part, of any party’s claim
of confidentiality, either as to the specific confidential material disclosed or as to
other related information.
12.

Any party may apply to the Court for relief from this Protective Order.

The party seeking relief from this Consent Protective Order shall specify which
information designated as “confidential” by the opposing party it wishes to disclose
outside the confines of this litigation and the purpose for which and the manner in

which it seeks to disclose the information. Neither party shall disclose any
information designated as “confidential” by an opposing party without the written
consent of the opposing parties or the express permission of the Court.
13.

Before seeking relief from the Court due to an alleged violation of this

Protective Order, the party seeking relief will attempt to resolve the matter by
agreement with the other party.
14.

The terms of this Protective Order are subject to modification,

extension, or limitation as may be hereinafter agreed to by all parties, or by order of
this Court.
IT IS SO ORDERED.
ENTER:
_________________________
Debra C. Poplin
United States Magistrate Judge