Opinion
Case No. 2:03CV00909 TC, Lead Case, Case No. 2:03CV00916 TC, Consolidated Case.
July 29, 2004
CHAD M. STEUR (9917), Assistant Utah Attorney General, MARK L. SHURTLEFF (4666), Utah Attorney General, Salt Lake City, UT, Attorneys for Defendant State of Utah, Department of Workforce Services.
JOHN BLACK, JR., Attorney for Plaintiff Ronda E. Stephens.
D. BRUCE OLIVER, Attorney for Plaintiffs Sharon Elaine Allen Holmes, Delores M. Giacoletto and Jodie Jackson.
STIPULATION AND ORDER REGARDING PROTECTION OF THE CONFIDENTIALITY OF INFORMATION
The parties, through their counsel of record, hereby stipulate to the following agreement regarding the protection of the confidentiality of information disclosed during discovery in connection with this action.
1. The parties agree that certain information that will be disclosed during discovery in this action will be entitled to be treated as confidential information deserving protection under this Order. Therefore, Plaintiffs Sharon Elaine Allen Holmes, Delores M. Giacoletto, Jodie Jackson and Ronda E. Stephens ("Plaintiffs") and defendant State of Utah, Department of Workforce Services ("Defendant") believe that an Order protecting the confidentiality of that information is appropriate.
2. Any party may designate as "CONFIDENTIAL" any documents or things produced for inspection and copying or any other document or thing served or filed or given under oath in this action (including, without limitation answers to interrogatories, answers to requests for production or admission, and transcripts of depositions), or any part thereof, at the time of production, service, copying, filing, or signing, with the words "Confidential" or "Subject to Protective Order" or other words to that effect (said documents to be referred to hereinafter as "Confidential Documents"). Said designation may be made by marking the documents or things directly or by communicating said designation in a letter or other writing delivered on or after production. Except as may be otherwise provided by this Order or by further order by the Court or further stipulation of the parties, documents or things designated as Confidential Documents, as well as the matters contained therein, and extracts and summaries thereof containing confidential information, shall be used for no purpose other than prosecuting or defending the above captioned action and shall be disclosed only to the persons identified in paragraph (4) below. In general, any party may designate as Confidential, documents or things containing personnel or employee information, the disclosure of which would invade the privacy of persons who are not parties to this lawsuit.
3. Counsel for the respective parties are directed to place any documents or things to be filed under seal with the clerk of the court, pursuant to this Order, in an envelope marked "Sealed" and to file said documents directly with the supervisor of the filing window.
4. Access to any Confidential Documents, or any part thereof, as well as to the matters contained herein, shall be limited to: (i) the judiciary, its employees and its agents, including jurors; (ii) the parties and officers of the parties; (iii) the attorneys for the parties, their associates, assistants, agents and employees; (iv) consultants and experts involved in the preparation of this litigation for each party; (v) court reporters, their transcribers, assistants, and employees; (vi) witnesses at trial and deponents (who reasonably require access to information which is the subject of this protective order) in this action; and (vii) authors, subjects, and recipients of Confidential Documents.
5. Individuals and entities identified above (other than jurors, the judiciary, its employees and agents) shall have access to Confidential Documents only after being informed of the provisions of this Order and only after agreeing to be bound by it. Any counsel who discloses confidential information shall be responsible for informing individuals and entities of this Order in compliance with this provision. Furthermore, counsel for any party shall require that any individual to whom confidential information is disclosed, other than a party, an employee of a party (who reasonably requires access to information which is the subject of this protective order), or counsel for a party or counsel's employees, execute the attached Promise of Confidentiality before such disclosure is made.
6. Individuals and entities permitted access pursuant to paragraph (4) hereof to Confidential Documents, or parts thereof, are hereby ordered not to show, convey or reproduce any such documents or things, or any parts thereof, or any copies thereof or any matters contained therein, or any extracts or summaries thereof, to any individual or entity who would not otherwise have access to Confidential Documents under the provisions of this Order.
7. Any Confidential Documents, if filed with the Court, and any brief referring to any such Confidential Documents, shall be kept by the clerk under seal. Furthermore, an entire deposition or set of interrogatories or set of admissions may be filed under seal for the convenience of the parties, but only the designated portions shall be deemed subject to the above confidentiality and notice requirements. The person filing any Confidential Documents shall be responsible for advising the clerk that they are subject to this Order and should be kept under seal, except that any party may do so. At the conclusion of this case, all Confidential Documents filed with the Court under seal shall be returned to the party that produced them.
8. If a deponent refuses to agree to the nondisclosure provisions of this Order, as provided in paragraphs 4 through 6 hereof, disclosure of Confidential Documents during the deposition shall not constitute a waiver of confidentiality. Under such circumstances, the witness shall sign the original deposition transcript in the presence of the court reporter and no copy of the transcript or exhibits shall be given to the deponent.
9. The execution of this Stipulation and Order and the entry of a Protective Order pursuant hereto, shall not, in itself:
(a) constitute a waiver of any party's right to seek, at a future time, relief from the Court for an order restricting access to specific documents designated as Confidential to a more limited group of individuals or entities than defined in paragraph (2) hereof, or granting access to specific documents designated as Confidential to specific individuals; or
(b) be construed as an admission or agreement that any document designated as Confidential, in fact, is Confidential, or otherwise is entitled to any protective relief whatsoever.
10. In no event will any party disclose confidential information or Confidential Documents to any individual or entity except as specifically allowed in paragraph 4 hereof, unless written notice is given to the affected party or parties fourteen calendar days in advance of the contemplated disclosure. In such cases, the disclosure can be made only if the party or parties so notified fail(s) to object within the fourteen day notice period. If an objection is interposed, counsel for the parties will endeavor to reach an agreement to govern the proposed disclosure. If no agreement is reached, the party who has proposed the disclosure may seek relief from the Court.
11. At the conclusion of the litigation between the parties, every Confidential Document disclosed in this action, whether or not filed, or identified as an exhibit in this proceeding, including all copies, except as noted in subdivision 11(a) shall be returned within thirty calendar days after receipt of a request by the respective party who made the disclosure thereof.
(a) counsel for each party may keep one copy of all documents until the statute of limitations for a malpractice action has expired. At that time, each and every document and all copies shall be returned to the respective parties.
(b) notwithstanding subparagraph (a) above, the confidentiality agreement contained herein shall remain in effect at all times.
12. This Stipulation may be executed in counter parts.