Lewandowski v. City of Milwaukee

Filing 58

STIPULATED CONFIDENTIALITY ORDER signed by Magistrate Judge William E Duffin on 10/10/2018. (cc: all counsel)(mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SHANNON LEWANDOWSKI,
Plaintiff,
v.

Case No. 16-CV-1089

CITY OF MILWAUKEE,
Defendant.

STIPULATED CONFIDENTIALITY ORDER
__________________________________________________________________
Upon the stipulation of the parties,
IT IS HEREBY ORDERED that the parties shall abide by a confidentiality order
as follows:
1.

“Document” as used herein shall have all the meaning set forth in Fed. R.

Civ. P. 34.
2.

Any party may designate any or all documents produced or to be

produced in connection with this litigation, either in whole or in part, as “confidential”
either by means of a stamp or other such marking on the document (or portion thereof)
itself or by identification of a group of documents upon production with the word
“CONFIDENTIAL.”

3.

Non-Disclosure of Confidential Documents. Documents (or portions

thereof) so designated as confidential, and all information contained therein, shall be
used only for purposes of this litigation. Except as provided under this Order, no
confidential document or information may be disclosed to any person or in any manner
other than the persons and manner set forth in this Stipulated Confidentiality Order. Any
disclosure of documents or information designated as “CONFIDENTIAL” pursuant to
this Order shall be for the limited purpose of preparation for trial in this action.
4.

Inspection Prior to Copy Production. Documents may be produced for

purposes of inspection on the condition that they are marked CONFIDENTIAL and will
be subject to this Order. During the inspection process, no notation, audio recordings,
video recordings or photograph will be made that pertain to any City of Milwaukee
employee’s personally identifiable information (name, address, date of birth, social
security number).
5.

Permissible Disclosures. Notwithstanding Paragraph 3 above, documents

and information designated as “CONFIDENTIAL,” and information contained therein,
and information obtained during the course of deposition discovery wherein
examination is made upon confidential documents or information, and information
contained in answers to interrogatories based upon such confidential documents or
information (hereinafter, collectively referred to as “Confidential Documents and
Information”), may be divulged to counsel for the parties in this action who are actively
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engaged in the conduct of this litigation; the partners, associates, secretaries, paralegal
assistants, and office employees of these attorneys to the extent reasonably necessary to
render professional services in the litigation; officials involved in this litigation (including
court reporters, and persons operating video recording equipment at depositions);
Plaintiff and Defendant only as necessary for litigation purposes. Such documents may
also be disclosed at trial/hearing or to:
(a)

any person designated by the Court in the interest of justice, upon such
terms as the Court may deem proper;

(b)

any third party engaged in the business of making copies to whom
documents are disclosed solely for copying; and

(c)

any expert engaged by either party to assist with this action, any witness
on a specific need to know basis to assist counsel in preparation of this
case, or any person designated by written consent of the parties as a
recipient of such disclosure. The expert or individual to whom such
document is disclosed must, as a condition of disclosure, sign a form
containing (1) a recital that the signatory has read and understands this
Order; (2) a recital that pursuant to administrative order, confidentiality
must be maintained, and (3) a statement that the signatory agreed to
comply with and be bound by the terms of this Confidentiality
Agreement, unless or until modified by written agreement of the parties.
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A copy of the signed form called for herein shall be the provided to
opposing counsel upon disclosure of the lay or expert witness.
6.

Declassification. The parties will attempt to resolve disputes about the

status or use of Confidential Documents and Information on an informal basis when
disputes arise. If a party objects to documents and information designated as
“CONFIDENTIAL,” or the effect of such a designation under this Stipulation, that party
may move the Court (after giving ten days prior written notice of such motion to the
party or person asserting the confidential treatment), for an Order changing the
designated status of such material or otherwise relieving the objecting party from
restrictions contained in this Order. The party proponent of the confidentiality
designation shall bear the burden of showing good cause to support the designation.
During the interim, between the initial designation of the material by the party and the
Court’s determination of a timely motion, such material shall be treated as Confidential.
7.

Disposition Upon Termination of Action. The provisions of this Order shall

not terminate at the conclusion of this action. Upon termination of this action, all
documents, materials and other information produced or elicited by any producing entity
and covered by this Order, and all copies thereof (except for evidence admitted at trial),
shall be returned to the producing entity. All written extracts from such documents
including abstracts, summaries, notes, description, lists, synopses, or other writings
reflecting or revealing the contents of such documents, materials or information within
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the possession, custody or control of counsel (except for evidence admitted at trial), shall
be delivered to the producing entity or shall be destroyed, and counsel for each party
shall provide counsel for the producing entity and opposing counsel with an affidavit of
such destruction promptly upon written request. This paragraph does not apply to
materials that would be deemed privileged as attorney's work product.
8.

Reservation of Rights. Nothing in this Confidentiality Order shall be

deemed a waiver of any party's right to oppose production or introduction at a trial of
any information or document for any reason. All parties reserve the right to seek further
protective orders from the Court in connection with any documents and the information
contained therein.
9.

Responsibility for Marking Documents. All documents and other materials

or information produced or filed with the Court in accordance with this Order shall be
marked with an appropriate legend, including the words “CONFIDENTIAL.” The party
producing, filing, or introducing such documents, materials or information shall be
responsible for marking them pursuant to this Order.
10.

Duty Upon Receipt of Subpoena. If any documents, as defined by this

Order, are subpoenaed or requested to be produced at any time subsequent to this Order,
the attorneys for the parties shall be notified of such production request and subpoena.

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SO ORDERED.
Dated at Milwaukee, Wisconsin this 10th day of October, 2018.

WILLIAM E. DUFFIN
U.S. Magistrate Judge

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