Watkins v. Schneider Electric USA, Inc.

Filing 17

STIPULATION PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 11/21/13. (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
NASHVILLE DIVISION
Ronald Watkins,
Plaintiff,
v.
Schneider Electric USA, Inc.,
Defendant.

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Case No. 3:13-cv-00391
Judge Campbell
Magistrate Judge Brown

STIPULATED PROTECTIVE ORDER
Plaintiff Ronald Watkins and Defendant Schneider Electric USA, Inc., (collectively
referred to as “the Parties”), by their respective attorneys, pursuant to Fed. R. Civ. P. 26(c),
hereby agree as follows:
1.

The Parties anticipate that discovery in this case will call for the Parties to

produce and/or disclose “Confidential Information,” as that term is defined below. The Parties
are willing to produce/disclose Confidential Information during the course of discovery provided
that: (a) such Confidential Information is relevant and otherwise non-objectionable; and (b) the
Party to whom such Confidential Information is produced or disclosed will be bound by the
provisions of this Stipulated Protective Order.
2.

For the purposes of this Stipulated Protective Order, “Confidential Information”

shall include the following types of information and documents, provided that such
information/documents are designated as “Confidential” as specified in paragraphs 3 and 4
below:

(a)

Any document produced, any statement made (whether oral or written),

and/or any answer given (whether oral or written) by Defendant (including any current or former
employee, agent, and/or representative of Defendant and/or any of Defendant’s affiliates) during
the course of discovery that contains, discloses, or reveals: (i) “protected health information” as
defined by the privacy regulations of the Health Insurance Portability and Accountability Act of
1996, as amended, 45 C.F.R. 160, et seq. (“HIPAA Privacy Rule”); (ii) private and/or sensitive
information concerning past and present employees and/or other non-parties to this action
(including, but not limited to, payroll information, performance and/or discipline records, social
security numbers, dates of birth, financial information, and health or medical information);
and/or (iii) confidential or proprietary business information.
(b)

Any document produced, any statement made (whether oral or written), or

any answer given (whether oral or written) by Plaintiff during the course of discovery that
contains, discloses, or reveals: (i) information concerning Plaintiff’s past or present medical
condition(s), medical treatment(s), psychological condition(s), or psychological treatment(s); (ii)
confidential medical information (including records and information concerning any past or
present medical condition(s), medical treatment(s), psychological condition(s), or psychological
treatment(s)) pertaining to any current or former spouse of Plaintiff and/or pertaining to the
children of Plaintiff; and (iii) confidential information relating to Plaintiff’s finances and/or
income; and
(c)

Any other type of information that is maintained by the producing Party

on a confidential basis, provided that the producing Party has a legitimate interest in maintaining
the confidentiality/privacy of said information.

3.

If a Party contends that a document to be produced or an interrogatory answer to

be provided constitutes or contains Confidential Information, that Party shall mark each such
document or interrogatory answer as “Confidential” prior to production or disclosure. However,
in the event the producing Party elects to make documents available for inspection (as opposed
to simply producing the documents), no marking need be made by the producing Party in
advance of the initial inspection. After the inspecting Party has selected documents for copying
or reproducing, the producing Party may designate as "Confidential" those documents that the
producing Party believes to contain Confidential Information prior to producing copies of the
selected documents.
4.

Should a Party believe that any deposition question calls for the disclosure of

Confidential Information or that any deposition answer did, in fact, disclose Confidential
Information, that party may direct the court reporter to mark the applicable portions of the
transcript as “Confidential.” Further, if a document that has been marked "Confidential" is
introduced as a deposition exhibit, the testimony concerning that exhibit shall be designated as
"Confidential" and said exhibit shall retain its “Confidential” designation and shall continue to
be treated as “Confidential” pursuant to this Stipulated Protective Order.
5.

Should any Party object to the “Confidential” designation of any document,

interrogatory answer, deposition exhibit, or deposition testimony, that Party shall have the right,
after making a good faith attempt to resolve the dispute with the opposing Party, to move the
Court for a determination concerning the confidential nature of the document or information at
issue. The moving Party will treat all materials or information designated as “Confidential” in
accordance with the requirements of this Order during the pendency of any such motion.

6.

Confidential Information that is designated as “Confidential” pursuant to the

terms of this Order may be used only in connection with the above-captioned case, and may be
disclosed only to the following persons:
(a)

The attorneys of record in this proceeding, associated attorneys who are
employed by the law firms of record in this proceeding, and legal
assistants, paralegals and other support staff who are employed by the law
firms of records in this proceeding;

(b)

The Parties to this action, which, for the purpose of this Stipulated
Protective Order, and any and all agents and salaried employees of
Defendant, including any of Defendant’s affiliates;

(c)

The United States District Court for the Middle District of Tennessee, and
any court of competent appellate jurisdiction, as well as Court personnel,
including stenographic reporters regularly employed by the Court;

(d)

Any court reporter or other stenographic reporter who is called upon to
record or transcribe testimony in this case, as well as any video service
providers who are retained in connection with any deposition;

(e)

Deposition witnesses during the course of a deposition (subject to the
provisions contained in paragraph 4 above);

(f)

Any witness during the course of his or her testimony at the final trial or at
any evidentiary hearing in this case;

(g)

Any mediator who is engaged to assist the Parties in settlement
negotiations on a confidential basis;

(h)

Non-party witnesses and/or prospective witnesses outside of the context of
the final trial (or other evidentiary hearing) and outside of the context of a
deposition, provided that any such witness/prospective witness who is not
a Party to this case must agree to be bound by this Stipulated Protective
Order by signing the “Statement of Affirmation” that is attached hereto as
Exhibit A.

(i)

Any person who is called upon to assist counsel in counsel’s
understanding of relevant facts or to assist counsel in the preparation of
his/her client’s case, provided that any such person who is not a Party to
this case must agree to be bound by this Stipulated Protective Order by
signing the “Statement of Affirmation” that is attached hereto as Exhibit
A.

(j)

Persons requested by counsel to furnish technical or other expert services
and any employees of such persons (collectively “Experts”), provided that
any such Expert agrees to be bound by this Stipulated Protective Order by
signing the “Statement of Affirmation” that is attached hereto as Exhibit
A.

(k)

Such other persons as hereafter may be designated by written stipulation
of the Parties or by further Order of the Court on motion of any Party.

7.

The Parties (including their counsel) shall not give, show, disclose, make

available, or communicate Confidential Information to any person, firm, corporation, or other
entity not expressly authorized by this Stipulated Protective Order to receive such Confidential
Information. The Parties (including their counsel) shall not use Confidential Information outside

of the context of this case or for any purpose other than this case. However, nothing contained in
this Order shall be construed as restricting or limiting any Party with respect to that Party’s own
Confidential Information.
8.

Any “Confidential Documents” (as defined herein) that are filed with the Court

shall be under seal, shall be clearly marked as “Confidential,” and shall be specifically
designated as subject to the terms of this Stipulated Protective Order. Any such documents shall
then be placed in separate, secure storage by the clerk, and opened only by authorized court
personnel. Confidential Documents filed under seal shall not be disseminated to the general
public in any manner, including by use in any briefs, motions, or otherwise that may be open to
the general public’s inspection. For the purpose of this paragraph, “Confidential Document”
shall mean: (a) Confidential Information that was produced/disclosed to the filing party during
the course of discovery and that was designated by the producing/disclosing party as
“Confidential;” (b) portions of deposition transcripts (including deposition exhibits) that contain
or reveal Confidential Information and that were properly designated as “Confidential;” and (c)
portions of briefs, memoranda, or any other writings that contain, describe, or otherwise reveal
“Confidential Information” that was produced/disclosed to the filing party during the course of
discovery and that was designated by the producing/disclosing party as “Confidential.”
9.

The procedures set forth herein shall not affect the rights of the Parties to object to

discovery on other grounds, nor shall it relieve a Party of the necessity of making a proper
response and/or objection to discovery requests, nor shall it preclude either party from seeking
further relief or protective orders from the Court as may be appropriate.
10.

The Parties recognize and understand that, notwithstanding the provisions of this

Order, the HIPAA Privacy Rule requires Defendant to “make a reasonable effort” to limit the

disclosure and use of “protected health information” to “the minimum necessary to accomplish
the intended purpose of the use, disclosure, or request.”

See 45 C.F.R. § 164.502(b)(1).

Therefore, in lieu of (or in addition to) producing or disclosing “protected health information” as
“Confidential Information” under the terms of this Order, Defendant may, where appropriate:
(a) redact or omit information that identifies the person (or persons) to whom the health
information relates (See 45 C.F.R. § 164.514); and (b) produce or disclose only the de-identified
health information.

However, this alternative method of production/disclosure shall be

appropriate only where the de-identification of the health information does not materially lessen
the relevance or probative value of the document/information at issue.
11.

In the event that “protected health information” that is subject to this Order is

disclosed (inadvertently or otherwise) by the Party to whom it was produced or provided,
counsel for that Party shall immediately notify and advise counsel for the Producing Party about
the compromise of the confidentiality of the protected health information.
12.

Within thirty (30) days after the final termination of this litigation (including any

appellate proceedings that may ensue), all documents, transcripts or other materials afforded
“Confidential” treatment pursuant to this Order (including any copies thereof and any extracts,
summaries or compilations taken therefrom) shall be returned to and/or recovered by counsel for
the Party to whom the Confidential Information was produced and/or provided, and counsel for
each Party shall destroy all such Confidential Information or retain it in a manner that is
reasonably calculated to preserve and protect its confidentiality.

The provisions of this

Protective Order shall survive, and not terminate at, the conclusion of this action.
13.

The inadvertent or unintentional disclosure of any Confidential Information by

any Party shall not be construed to be a waiver, in whole or in part, of the party’s claims of

confidentiality either as to the specific Confidential Information disclosed or as to any other
related information.
14.

The provisions of this Order will not affect the use or admissibility of evidence at

trial or any preliminary evidentiary proceeding in open court, except as directed by separate
order entered for good cause shown.
SO ORDERED, this the 21st day of November, 2013.

_______________________________________
MAGISTRATE JUDGE BROWN
APPROVED FOR ENTRY:
/s/ Rodrick D. Holmes
C. Eric Stevens, Bar No. 010632
Rodrick D. Holmes, Bar No. 024501
LITTLER MENDELSON, P.C.
333 Commerce Street
Suite 1450
Nashville, TN 37201
[e-mail]
[e-mail]
Attorneys for Defendant
Schneider Electric USA, Inc.

/s/ Jonathan L. Bobbitt (with permission)
Justin S. Gilbert
Jonathan L. Bobbitt
Gilbert Russell McWherter PLC
5409 Maryland Way
Suite 150
Brentwood, TN 37027
[e-mail]
[e-mail]
Attorneys for Plaintiff

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
Ronald Watkins,
Plaintiff,
v.
Schneider Electric USA, Inc.,
Defendant.

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Case No. 3:13-cv-00391
Judge Campbell
Magistrate Judge Brown

STATEMENT OF AFFIRMATION
I, ____________________________, hereby promise and agree to abide and be bound by
the Parties’ Stipulated Protective Order in the above-captioned case.
This ______ day of __________________, 20_____.

Signature