Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00443-MRK

Document 25-2

Filed 03/09/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LORRAINE M. CAISSE, Plaintiff, v. DAY KIMBALL HOSPITAL, Defendant. : : : : : : : : :

CIVIL ACTION NO. 303CV0443(MRK)

March 2, 2004

STIPULATED PROTECTIVE ORDER It is hereby stipulated and agreed by and between the undersigned parties to this action that the following restrictions and procedures shall apply to defendant's response to certain of plaintiff's requests for production of documents. 1. Defendant may mark certain documents "CONFIDENTIAL" if

either (a) the documents are contained in an employee's "personnel file" as that term is defined in Connecticut General Statutes section 31-128 et seq. or (b) defendant otherwise has a good faith basis for concluding that such documents should be held confidential. 2. Unless otherwise ordered by the Court, the responses and documents

obtained will be held by the plaintiff solely for use in connection with the abovecaptioned action.

Case 3:03-cv-00443-MRK

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Filed 03/09/2004

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3. person except:

The data contained in the response shall not be disclosed to any

(a) (b) (c) (d) defendant. 4.

The individual plaintiff. Counsel (and counsel's staff) for the plaintiff. Counsel (and counsel's staff) for the defendant. Any other person with the consent of counsel for plaintiff and

Prior to plaintiff or plaintiff's counsel displaying the responses to any

person, or relaying the information contained in those responses to any person, including any person described in the above categories, the plaintiff's counsel shall apprise that person of the confidential nature of the data and apprise that person that this court is enjoining the use of that data by her/him for any purpose other than this litigation and has enjoined the disclosure of that data to any other person. 5. If the plaintiff, after review of the documents and information contained therein, believes such documents and/or information are necessary for any motion, disclosure or other use in connection with this litigation that would subject the documents or the information in those documents to be put into the public domain, as would be the case with a filing in connection with a motion in court or use at trial, plaintiff's counsel shall contact defendant's counsel to discuss such disclosure, and shall give defendant's counsel a reasonable opportunity to move that such material be filed under seal with the Court. Should such a motion be made, plaintiff's counsel agrees that, while such motion is pending, he shall not file such material with the Court. -2-

Case 3:03-cv-00443-MRK

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Filed 03/09/2004

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6.

The parties agree that should either of them believe that matters

discussed in a deposition are confidential, either party may, at the deposition or within ten (10) days following the receipt of the transcript of the deposition, designate portions of the deposition testimony as "CONFIDENTIAL". Such testimony shall be treated as other confidential material under this Stipulated Protective Order. 7. The foregoing is entirely without prejudice to the right of any party

to apply to the court for any further protective order relating to confidential documents or information; or to object to the production of documents; or to apply to the court for an order compelling production of documents; or for modification of this order. 8. The parties agree that upon execution of this Stipulated Protective

Order it shall be binding on the parties as a contract.

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Case 3:03-cv-00443-MRK

Document 25-2

Filed 03/09/2004

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THE PLAINTIFF LORRAINE CAISSE By/s/ Jacques Parenteau Jacques Parenteau - ct09771 Madsen, Prestley & Parenteau 111 Huntington Street P.O. Box 1631 New London, CT 06320 Tel. No. 860-442-2466 Fax No. 860-447-9206 [email protected] Her attorney THE DEFENDANT DAY KIMBALL HOSPITAL By/s/ Scott E. Schaffer Hugh F. Murray, III - ct11418 Scott E. Schaffer - ct25325 Murtha Cullina LLP CityPlace I - 185 Asylum Street Hartford, CT 06103-3469 Tel. No. (860) 240-6000 Fax No. (860) 240-6150 [email protected] [email protected] Its Attorneys

714917

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