Free Protective Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 cause appearing in the record, IT IS HEREBY STIPULATED: 1. This Protective Order shall govern the use and dissemination of all The Court, having reviewed the parties' Stipulation for Protective Order, and good V. GUARDSMARK, LLC, a Delaware corporation doing business in Arizona; GUARDSMARK, INC. a Delaware corporation doing business in Arizona;
JOHN and JANE DOES I-X; BLACK CORPORATION I-X, WHITE LIMITED LIABILITY COMPANIES I-X,

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KESORN HENDERSON Case No. CV 04 0754 PHX JAT Plaintiff, PROTECTIVE ORDER REGARDING CONFIDENTIAL MATERIAL

Defendants.

Confidential Material produced within the litigation pending in the United States District Court for the District of Arizona, captioned Kesorn Henderson v. Guardsmark,

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LLC, et al., No. Civ. 04-0754 PHX JAT. 2. The term "Confidential Material" includes confidential, sensitive and

private information that the designating party has maintained in confidence or is under an obligation to maintain in confidence, specifically including all medical records, documents or other items produced by any and all of Plaintiff's treating or consulting physicians, physical therapists, therapists, psychologists, psychiatrists or any other medical professionals, whether produced by the parties or through subpoenas to nonparties. "Confidential Material" shall also include all employment records, documents or other items produced by any and all of Plaintiff's current or former employers, whether produced by the parties or through subpoenas to non-parties. All copies, summaries, analyses or other writings that contain, reflect or reveal Confidential Material shall also be deemed to be Confidential Material 3. Confidential Material may only be disclosed only to: a. The Court and its staff and any jury empanelled by this Court. To court reporters and their staff in the performance of their duties. To attorneys of record, in-house counsel for the parties, and their

18 19 20 21 22 23 24 25 26 d. To any deponent or other witness who authored or received the information (subject to paragraph 6 below). In all such instances of disclosure, these persons shall use the Confidential b. c.

legal assistants and support staff.

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Materials only for purposes of this litigation. 4. Any party to this action or other person who produces or supplies

information, documents or other tangible items for use in this action in the course of discovery (hereinafter the "designating party" or the "producing party") may designate as "confidential" any such material that it reasonably and in good faith believes constitutes or contains true confidential material; provided however, documents that have been or are hereafter produced in other litigation and that either are not designated as confidential in that litigation, or that otherwise are not subject to restrictions on use or disclosure in that litigation, may not be designated as confidential in this action. 5. Documents, information or other tangible items shall be designated as

Confidential by marking the words: CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER IN U.S.

DISTRICT COURT, DISTRICT OF ARIZONA ACTION NO. CIV. 04-0754 PHX 18 19 20 21 22 23 24 25 26 if practicable. 6. Any person to whom the Confidential Material may be shown pursuant to JAT. The designation listed above shall appear on the face of the original or photocopy of the documents, or other tangible item, and upon each page so designated

paragraphs 2-4 shall first be shown and shall read a copy of this Confidentiality

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Agreement and shall agree in writing to be bound by its terms by signing a copy of the Acknowledgment attached hereto as Exhibit A. The party obtaining the person's signature on the Acknowledgment will retain the original signed agreement. 7. All Confidential Material filed with the Court or information derived from

Confidential Material that is included in any papers filed with the Court or in a deposition, such papers of exhibits shall be marked "CONFIDENTIAL ­ SUBJECT TO PROTECTIVE ORDER" and placed in a sealed envelope marked with the caption of the case and held under seal. This paragraph shall not prevent a second copy of the Confidential Material specifically intended for review by the Court from being handdelivered to chambers. 8. The Clerk of this Court shall place and maintain under seal any

information filed with or delivered to this Court in the manner described in paragraph 7. 9. In the event that any party or non-party discovers, after it has produced

18 19 20 21 22 23 24 25 26 by a subsequent notice in writing specifically identifying the information and furnishing the correct designation, in which case the parties shall from that point forward treat such information as Confidential. information, that it has inadvertently produced Confidential Material that has not been designated Confidential, the producing party may, within twenty (20) calendar days of the discovery of the inadvertent production, designate the information as Confidential

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10.

This Protective Order does not affect the right of any party to take

discovery or to object to discovery on grounds other than that the information sought is confidential. 11. If another court or administrative agency subpoenas or orders production

of Confidential Material that a party has obtained under the terms of this Protective Order, such party shall promptly notify the party or non-party designating the material as confidential of the pendency of the subpoena or order and shall not produce the Confidential Material until the designating party or person has had reasonable time to object or otherwise to take appropriate steps to protect the Confidential Material, unless otherwise ordered by a court. 12. No Confidential Material shall be made part of a public record except

upon prior approval of the Court or of the designating party. All court reporters attending hearings, depositions and the trial shall be subject to this Protective Order. When it is not feasible to present arguments or give evidence before the Court without

18 19 20 21 22 23 24 25 26 trial and the Court shall not close any part of the trial except upon separate order made following a motion by one of the parties seeking to close the trial to protect the Confidential Material. disclosing Confidential Material, a party may move for the entry of an order protecting the Confidential Material in a manner specified in the motion. In the absence of such a motion, nothing in this Protective Order shall limit the use of Confidential Material at

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13.

Within sixty (60) days after receiving notice of the entry of an order,

judgment or decree finally disposing of all litigation in which Confidential Material is permitted to be used, and upon written request of the producing party, all persons or parties having received Confidential Material shall either make a good faith effort to return such material and all copies thereof (including summaries and excerpts) to counsel for the party that produced it or destroy all such Confidential Material and certify that fact. However, counsel for the parties shall be entitled to retain courts papers, deposition and trial transcripts and attorney work product, provided that such counsel and employees of counsel, shall not disclose the court papers or attorney work product to any person, except pursuant to court order or agreement with the party that produced the Confidential Material. This paragraph also applies to any and all of Plaintiff's confidential medical information that may be produced pursuant to subpoena. ORDERED this 24th day of August, 2005

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