Usmiller v. Community Trust Credit Union

Filing 18

ORDER signed by Magistrate Judge William E Duffin granting 17 Motion for Protective Order. (cc: all counsel) (asc)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DEBRA USMILLER,

Case No.: 14-CV-1174-WED

Plaintiff,
v.
COMMUNITY TRUST CREDIT UNION.,
Defendant.

PROTECTIVE ORDER REGARDING CONFIDENTIALITY
Coming before the Court on the Plaintiff’s Motion for a Protective Order
Regarding Confidentiality, it is ORDERED:
(A) Designation of confidential information must be made by placing or affixing
on the document in a manner that will not interfere with its legibility the word
“CONFIDENTIAL.”

One

who

provides

material

may

designate

it

as

“CONFIDENTIAL” only when the person in good faith believes it contains trade secrets
or nonpublic technical, commercial, financial, personal, or business information. Except
for documents produced for inspection at the party’s facilities, the designation of
confidential information must be made prior to, or contemporaneously with, the
production or disclosure of that information. In the event that documents are produced
for inspection at the party’s facilities, such documents may be produced for inspection
before being marked confidential. Once specific documents have been designated for

copying, any documents containing confidential information will then be marked
confidential after copying but before delivery to the party who inspected and
designated the documents. There will be no waiver of confidentiality by the inspection
of confidential documents before they are copied and marked confidential pursuant to
this procedure.
(B) Portions of depositions of a party’s present and former officers, directors,
employees, agents, experts, and representatives must be deemed confidential only if
they are designated as such when the deposition is taken.
(C) Information or documents designated as confidential under this rule must
not be used or disclosed by the parties or counsel for the parties or any persons
identified in subparagraph (D) for any purposes whatsoever other than preparing for
and conducting the litigation in which the information or documents were disclosed
(including appeals). The parties must not disclose information or documents designated
as confidential to putative class members not named as plaintiffs in putative class
litigation unless and until one or more classes have been certified.
(D) The parties and counsel for the parties must not disclose or permit the
disclosure of any documents or information designated as confidential under this rule
to any other person or entity, except that disclosures may be made in the following
circumstances:

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(i) Disclosure may be made to employees of counsel for the parties who
have direct functional responsibility for the preparation and trial of the lawsuit.
Any such employee to whom counsel for the parties makes a disclosure must be
advised of, and become subject to, the provisions of this rule requiring that the
documents and information be held in confidence.
(ii) Disclosure may be made only to employees of a party required in good
faith to provide assistance in the conduct of the litigation in which the
information was disclosed who are identified as such in writing to counsel for
the other parties in advance of the disclosure of the confidential information.
(iii) Disclosure may be made to court reporters engaged for depositions
and those persons, if any, specifically engaged for the limited purpose of making
photocopies of documents. Before disclosure to any such court reporter or person
engaged in making photocopies of documents, such reporter or person must
agree to be bound by the terms of this Rule.
(iv) Disclosure may be made to consultants, investigators, or experts
(collectively “experts”) employed by the parties or counsel for the parties to
assist in the preparation and trial of the lawsuit. Before disclosure to any expert,
the expert must be informed of and agree to be subject to the provisions of this
rule requiring that the documents and information be held in confidence.

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(E) Except as provided in subparagraph (D), counsel for the parties must keep all
documents designated as confidential that are received under this Rule secure within
their exclusive possession and must place such documents in a secure area.
(F) All copies, duplicates, extracts, summaries, or descriptions (hereinafter
referred to collectively as “copies”) of documents or information designated as
confidential under this rule, or any portion thereof, must be immediately affixed with
the word “CONFIDENTIAL” if that word does not already appear.
(G) To the extent that any answers to interrogatories, transcripts of depositions,
responses to requests for admissions, or any other papers filed or to be filed with the
Court reveal or tend to reveal information claimed to be confidential, these papers or
any portion thereof must be filed under seal by the filing party in an envelope marked
“SEALED.” A reference to this rule may also be made on the envelope.
(H) Any party filing information claimed to be confidential under subsection (G)
must include with that filing either: (1) a motion to seal the material; or (2) an objection
to the designation of the information as confidential. If such an objection is made, the
person having designated the information as confidential may file a motion to seal
within 21 days of the objection.
SO ORDERED. Dated at Milwaukee, Wisconsin this 13th day of February, 2015.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge
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