Thompson v. City of Lebanon, Tennessee et al

Filing 70

REVISED JOINT AGREED PROTECTIVE ORDER. Signed by Magistrate Judge E. Clifton Knowles on 11/21/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
MELINDA THOMPSON, individually,
and as Next Friend, and Administrator
of the Estate of Gregory Thompson, Jr.
(Deceased),
Plaintiff,
Case No. 3:11-cv-00392
Judge Nixon
Magistrate Knowles

v.
CITY OF LEBANON, TENNESSEE, et al
Defendants.

**REVISED** JOINT AGREED PROTECTIVE ORDER

COME NOW the Parties, by and through their undersigned counsel, agreeing that certain
discovery requests have been made by Plaintiff which may include documentation that is
protected by HIPPA as set forth in the letter dated November 19, 2012, which is attached hereto
as Exhibit A. The parties are willing to enter into this Agreed Protective Order as a condition to
the disclosure and use of any documents produced pursuant to the letter dated November 19,
2012, and agree to be bound by the terms of this Joint Agree Protective Order.
IT IS THEREFORE ORDERED that:
1.

Any documents produced by the parties pursuant to the letter dated November 19,

2012, (attached hereto as Exhibit A) that are confidential HIPPA protected information
shall be considered confidential. Any such confidential
information shall be used solely for the preparation, trial and/or settlement of the action, and
shall not be communicated or used for any other purpose whatsoever except as compelled by

court order. Confidential Information shall not be given, shown, made available, communicated,
or disclosed, except as set for below:
(a)
(b)

Independent consultants and/or experts retained by the parties to work on
the action;

(c)

Witnesses interviewed by a party’s representatives or attorney, or persons
deposed in this lawsuit;

(d)

Stenographic court reporters and videographers engaged for depositions or
other proceedings necessary to the conduct of the action;

(e)

Such persons as the undersigned counsel shall mutually consent to in
writing or on the record prior to the proposed disclosure; and

(f)
2.

The parties and attorneys of record in this action and their associated
attorneys, legal assistants, and staff members working on the action;

The Court and Court personnel;

Except as expressly provided herein, nothing in this Agreed Protective Order is

intended to limit or have the effect of limiting either party’s right to make use of such
information for any purposes or uses permitted under the Federal Rules of Civil Procedure, the
relevant Local Rules of Court, or the Federal Rules of Evidence, at any time during the pretrial
preparation or trial of this lawsuit or any time up to and including the entry of judgment and
conclusion of any appeals taken therefrom.

Accordingly, subject to the Federal Rules of

Evidence, materials protected by this Agreed Protective Order may be offered in evidence at trial
or at any court hearing subject to such protective measures as may be directed by this Court.
(This order does not address evidentiary objections.)
3.

The provisions of this Order shall, absent written consent of the parties hereto,

continue to be binding after the conclusion of this action, and the Court shall retain jurisdiction
for the purpose of ensuring compliance with the Order and granting such other and further relief

as may be necessary. Any party may seek modification of it provisions upon notice and hearing
if necessary.
ENTERED this _____ day of _________________, 2012.
__________________________________
JUDGE
APPROVED FOR ENTRY
By:

/s/ Danese K. Banks
DANESE K. BANKS (TNBPR No. 17705)
One Commerce Square, Suite 1700
Memphis, TN 38103
[phone] (Telephone)
[phone] (Facsimile)
[e-mail]

By:

/s/ Andrew C. Clarke
ANDREW C. CLARKE (TNBPR No. 15409)
6250 Poplar Avenue, Second Floor
Memphis, TN 38119
[phone] (Telephone)
[phone] (Facsimile)
[e-mail]

By:

/s/ William N. Bates
WILLIAM N. BATES (TNBPR No. 3578)
Attorneys for Defendant City of Lebanon, TN
211 Seventh Avenue, North, Suite 500
Nashville, TN 37219
[phone] (Telephone)
[e-mail]
[e-mail]

By:

_/s/ Robert M. Burns
ROBERT M. BURNS (TNBPR No. 15383)
Attorney for Defendants McKinley and McDannald
300 James Robertson Parkway
Nashville, TN 37201-1107
[phone] (Telephone)
[phone] (Facsimile)
[e-mail]

By:

__/s/ Bryan E. Pieper
BRYAN E. PIEPER (TNBRP No. 16852)
Attorney for Defendants Scott Bowen and Billy Weeks
DRESCHER HELLER PIEPER MARTIN, PC
1720 West End Avenue, Suite 300
Nashville, TN 37203
[phone] (Telephone)
[e-mail]