Heisler v. Convergent Healthcare Recoveries Inc et al
Filing
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ORDER signed by Magistrate Judge Nancy Joseph on June 5, 2018 GRANTING 51 Motion for Protective Order. (cc: all counsel) (CC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHAD H. HEISLER, on behalf of himself and
all others similarly situated,
Plaintiffs,
v.
Case No. 16-CV-1344
CONVERGENT HEALTHCARE
RECOVERIES, INC., an Illinois Corporation;
and JOHN AND JANE DOES NUMBERS 1
THROUGH 25,
Defendants.
PROTECTIVE ORDER
Based on the Stipulation of the parties and the factual representations set forth
therein, the Court finds that exchange of sensitive information between or among the parties
and/or third parties other than in accordance with this Order may cause unnecessary
damage and injury to the parties or to others. The Court further finds that the terms of this
Order are fair and just and that good cause has been shown for entry of a protective order
governing the confidentiality of documents produced in discovery, answers to
interrogatories, answers to requests for admission, and deposition testimony.
IT IS THEREFORE ORDERED THAT, pursuant to Fed. R. Civ. P. 26(c) and
Civil L. R. 26(e):
(A)
SCOPE OF INFORMATION THAT MAY BE DESIGNATED AS
CONFIDENTIAL OR ATTORNEYS’ EYES ONLY INFORMATION. This Protective
Order is limited to governing the confidentiality of documents produced in discovery,
answers to interrogatories, answers to requests for admission, and deposition testimony.
(B)
DESIGNATION OF CONFIDENTIAL OR ATTORNEYS’ EYES ONLY
INFORMATION. Designation of information under this Order must be made by placing
or affixing on the document or material, in a manner that will not interfere with its
legibility, the words “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
(1)
One who produces information, documents, or other material may
designate them as “CONFIDENTIAL” when the person in good faith believes they
contain trade secrets or nonpublic confidential technical, commercial, financial,
personal, or business information.
(2)
One who produces information, documents, or other material may
designate them as “ATTORNEYS’ EYES ONLY” when the person in good faith
believes that they contain particularly sensitive trade secrets or other nonpublic
confidential technical, commercial, financial, personal, or business information that
requires protection beyond that afforded by a CONFIDENTIAL designation.
(3)
Except for information, documents, or other materials produced for
inspection at the party’s facilities, the designation of confidential information as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY must be made prior to, or
contemporaneously with, their production or disclosure. In the event that information,
documents or other materials are produced for inspection at the party’s facilities, such
information, documents, or other materials may be produced for inspection before being
marked confidential. Once specific information, documents, or other materials have been
designated for copying, any information, documents, or other materials containing
confidential information will then be marked confidential after copying but before
delivery to the party who inspected and designated them. There will be no waiver of
confidentiality by the inspection of confidential information, documents, or other
materials before they are copied and marked confidential pursuant to this procedure.
(4)
Portions of depositions of a party’s present and former officers, directors,
employees, agents, experts, and representatives will be deemed confidential only if
designated as such when the deposition is taken or within 30 days of receipt of the
deposition transcript.
(5)
If a party inadvertently produces information, documents, or other material
containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY information without
marking or labeling it as such, the information, documents, or other material shall not lose
its protected status through such production and the parties shall take all steps reasonably
required to assure its continued confidentiality if the producing party provides written
notice to the receiving party within 10 days of the discovery of the inadvertent production,
identifying the information, document or other material in question and of the corrected
confidential designation.
(C)
DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.
Information, documents, or other material designated as CONFIDENTIAL OR
ATTORNEYS’ EYES ONLY under this Order must not be used or disclosed by the parties or
counsel for the parties or any persons identified in subparagraphs (B)(1) and (2) below for any
purposes whatsoever other than preparing for and conducting the litigation in which the
information, documents, or other material were disclosed (including appeals). The parties must
not disclose information, documents, or other material designated as confidential to putative
class members not named as plaintiffs in putative class litigation unless and until one or more
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classes have been certified. Nothing in this Order prohibits a receiving party that is a government
agency from following its routine uses and sharing such information, documents or other
material with other government agencies or self-regulatory organizations as allowed by law.
(1)
CONFIDENTIAL INFORMATION. The parties and counsel for the
parties must not disclose or permit the disclosure of any information, documents or
other material designated as “CONFIDENTIAL” by any other party or third party
under this Order, except that disclosures may be made in the following
circumstances:
(a)
Disclosure may be made to employees of counsel for the parties
or, when the party is a government entity, employees of the government, 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
Order requiring that the information, documents, or other material be held in
confidence.
(b)
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,
documents or other material.
(c)
Disclosure may be made to court reporters engaged for
depositions and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before disclosure
to any such court reporter or person engaged in making copies, such reporter
or person must agree to be bound by the terms of this Order.
(d)
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 Order
requiring that the information, documents, or other material be held in
confidence.
(e)
Disclosure may be made to deposition and trial witnesses in
connection with their testimony in the lawsuit and to the Court and the Court’s
staff.
(f)
Disclosure may be made to persons already in lawful and
legitimate possession of such CONFIDENTIAL information.
(2)
ATTORNEYS’ EYES ONLY INFORMATION. The parties and
counsel for the parties must not disclose or permit the disclosure of any information,
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documents, or other material designated as “ATTORNEYS’ EYES ONLY” by any
other party or third party under this Order to any other person or entity, except that
disclosures may be made in the following circumstances:
(a)
Disclosure may be made to counsel and 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
Order requiring that the information, documents, or other material be held in
confidence.
(b)
Disclosure may be made to court reporters engaged for
depositions and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before disclosure
to any such court reporter or person engaged in making copies, such reporter
or person must agree to be bound by the terms of this Order.
(c)
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 Order
requiring that the information, documents, or other material be held in
confidence.
(d)
Disclosure may be made to deposition and trial witnesses in
connection with their testimony in the lawsuit and to the Court and the Court’s
staff.
(e)
Disclosure may be made to persons already in lawful and
legitimate possession of such ATTORNEYS’ EYES ONLY information.
(D)
MAINTENANCE OF CONFIDENTIALITY. Except as provided in
subparagraph (B), counsel for the parties must keep all information, documents, or other material
designated as confidential that are received under this Order secure within their exclusive
possession and must place such information, documents, or other material in a secure area.
(1) All copies, duplicates, extracts, summaries, or descriptions (hereinafter
referred to collectively as “copies”) of information, documents, or other material
designated as confidential under this Order, or any portion within, must be
immediately affixed with the words “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” if not already containing that designation.
(2) 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 within must be filed under seal by the filing party with the Clerk of Court
utilizing the procedures set forth in General L. R. 79(d). If a Court filing contains
information, documents, or other materials that were designated
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“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” by a third party, the party
making the filing shall provide notice of the filing to the third party.
(E)
CHALLENGES TO CONFIDENTIALITY DESIGNATION. A party or
a member of the public may challenge the designation of confidentiality by motion.
The movant must accompany such a motion with the statement required by Civil L.
R. 37. The designating party bears the burden of proving that the information,
documents, or other material at issue are properly designated as confidential. The
Court may award the party prevailing on any such motion actual attorney fees and
costs attributable to the motion.
(F)
CONCLUSION OF LITIGATION. At the conclusion of the litigation, a party
may request that all information, documents, or other material not filed with the Court or
received into evidence and designated as CONFIDENTIAL or ATTORNEYS’ EYES
ONLY under this Order must be returned to the originating party or, if the parties so
stipulate, destroyed, unless otherwise provided by law. Notwithstanding the requirements
of this paragraph, a party may retain a complete set of all documents filed with the Court,
subject to all other restrictions of this Order.
Dated at Milwaukee, Wisconsin this 5th day of June, 2018.
BY THE COURT
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge
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