Opinion
23-cv-00871
09-27-2023
S.C., an individual Plaintiff, v. Wyndham Hotel & Resorts, Inc.; Days Inns Worldwide, Inc.; La Quinta Franchising, LLC; Choice Hotels International, Inc.; Six Continents Hotels, Inc.; Holiday Hospitality Franchising, LLC; Crowne Plaza, LLC; Red Roof Inns, Inc.; and Red Roof Franchising, LLC, Defendants.
PROTECTIVE ORDER REGARDING PLAINTIFF'S TRUE IDENTITY PROTECTIVE ORDER
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE
Pursuant to Fed.R.Civ.P. 26(c), Fed.R.Civ.P. 5.2, and its inherent authority, the Court hereby orders the entry of the following Protective Order in this matter.
1. Counsel for Plaintiff shall provide to the respective counsel for the Defendants the Plaintiff's true identity and identifying information (“True Identity”) upon the entry of this Protective Order by the Court. As used herein, True Identity includes, but is not limited to, information such as:
a) Name and any alias names used at any time;
b Date of birth;
c Social Security Number; and
d) Current address and any prior addresses from 2010 to present.
The Parties may also designate as “True Identity” any documents, testimony, written responses, or other materials produced in this case if the producing Party has a good faith basis for asserting that they contain information, data, or tangible items that reflect Plaintiff's True Identity, including identifying physical attributes such as biometric data or photographs showing unique physical attributes of Plaintiff, her voice, physical address of residence or workplace, or other personal private identification information which by a reasonable probability could be used to identify or locate Plaintiff.
Notwithstanding the foregoing, Defendants expressly reserve their respective rights to request from Plaintiff during the course of discovery any other information that is linked or linkable to the True Identity of Plaintiff, such as, but not limited to, any medical, educational, financial, employment, or other information. The Plaintiff is permitted to proceed pseudonymously throughout the pre-trial course of these proceedings. The Parties exclusively will reference the Plaintiff through the pseudonym “S.C.” or as “Plaintiff” in all pre-trial public filings, throughout the course of discovery, and in all pre-trial public Court proceedings.
2. Parties shall clearly mark the production of any materials or information that contain Plaintiff's True Identity with the term “CONFIDENTIAL TRUE IDENTITY” and the Parties shall follow the procedures and requirements of this Protective Order concerning any materials or information containing references to Plaintiff's True Identity.
3. The Parties may disclose Plaintiff's True Identity to the following:
a) The Parties to this litigation, including any employees, agents, and representatives of the Parties, as needed to litigate any claims or defenses;
b) Counsel for the Parties and employees, agents, and representatives of counsel as needed to litigate any claims or defenses;
c) The Court, court personnel, and members of the jury;
d) Court reporters, recorders, and videographers engaged for depositions. Before any disclosure to such persons identified in this subparagraph 3(d), the person must sign the acknowledgement and agreement to be bound attached hereto as Exhibit A;
e) Any mediator appointed by the Court or jointly selected by the Parties;
f) Any expert witness, outside consultant, or investigator retained specifically in connection with this litigation and Plaintiff's True Identity may be disclosed to them only to the extent that Plaintiff's True Identity will assist the individual(s) in the scope of their work with counsel in connection with this case;
g) Any custodian of records, but only to the extent that Plaintiff's True Identity will assist the custodian in obtaining and producing records;
h) Independent providers of document reproduction, electronic discovery, translation, or other litigation services, including focus groups, mock jurors, and jury consultants, retained or employed specifically in connection with this litigation. Before any disclosure to such persons identified in this subparagraph 3(h), the person must sign the acknowledgement and agreement to be bound attached hereto as Exhibit A;
i) Government agencies and agency personnel, but only to the extent that the disclosure of Plaintiffs True Identity is necessary to investigate or otherwise litigate any claims or defenses or to comply with any obligations or requirements;
j) Law enforcement agencies and agency personnel;
k) Insurers and indemnitors for any of the Parties, including coverage counsel for the insurers, who may provide indemnity or other coverage in connection with claims asserted in this case;
1) Any potential, anticipated, or actual fact witness, and their counsel, but only to the extent Plaintiff's True Identity will assist the witness in recalling, relating or explaining facts -- except that Plaintiff's True Identity must not be disclosed to the individual(s) Plaintiff identifies in good faith as having engaged in sex trafficking Plaintiff (“Plaintiff's Alleged Trafficker(s)”), unless the Parties follow the procedures in paragraph (m) below;
m) Plaintiff's Alleged Trafficker(s) and their counsel, but only to the extent Plaintiff's True Identity will assist the witness in recalling, relating or explaining facts. Provided, however, that, prior to contacting Plaintiff's Alleged Trafficker(s), the Party shall file a motion with the Court seeking permission to disclose Plaintiff's True Identity to the Alleged Trafficker(s). submit an ex parte letter to the Court of its intent to contact Plaintiff s Alleged Traffickers)-and to-reveal Plaintiff's-True Identity-to the-Alleged Trafficker(s). The Party shall describe the information sought, describe why that information is sought from the Alleged Trafficker(s) as opposed to some other source, and explain the necessity of disclosing Plaintiff's True Identity. If the Party believes that its motion contains particularly sensitive information, it may move for leave to file its motion under seal. Plaintiff may file a response within seven (7) days after the Party files its motion. The Party may not file a reply. The Court will evaluate the request to ensure that the information sought is relevant to the elements of a claim or defense and proportional to the
needs of the case. The Party may not disclose Plaintiff's True Identity to the Alleged Trafficker(s) unless and until the Court grants permission. Notwithstanding the foregoing, the Parties are prohibited from disclosing to Plaintiff's Alleged Trafficker(s) and their counsel (i) information regarding where Plaintiff has lived from 2019 until the present or (ii) the phone numbers used by Plaintiff from 2019 until the present.
n) The Parties are prohibited from disclosing Plaintiff's True Identity to any person or entity other than those listed in this Protective Order. If the Parties believe they have good cause to make a disclosure that is not authorized under the terms of this Protective Order, they may bring a motion to the Court for an order allowing disclosure.
4. To the extent Plaintiff believes in good faith that an individual who is not one of Plaintiff's Alleged Traffickers poses a particular threat to Plaintiff's safety, Plaintiff's counsel shall identify that individual to counsel for the Parties in writing and, within seven (7) days of such identification, shall file a motion with the Court seeking an order from the Court ruling that the individual poses a particular threat to Plaintiff's safety. Any response must be filed within seven (7) days after Plaintiff's motion. No reply may be filed. If the Court rules that Plaintiff has established that the individual poses a particular threat to Plaintiff's safety, the procedures set forth above in subparagraph 3(m) must be followed if the Parties intend to disclose Plaintiff's True Identity to that individual. From the time Plaintiff's counsel identifies the individual to counsel for the Parties until the Court rules on Plaintiff's motion, the Parties will follow the procedures set forth above in subparagraph 3(m) if the Parties intend to disclose Plaintiff's True Identity to that individual. Notwithstanding the foregoing, if Plaintiff fails to file a motion within seven (7) days of identifying the individual to counsel for the Parties in writing, or if the Court rules that Plaintiff has not established that the individual poses a particular threat to Plaintiff's safety, the Parties do not have to follow the procedures set forth above in subparagraph 3(m) in connection with that individual.
5. All Parties and any third parties appearing or submitting filings in this case are required to redact the True Identity and any identifying information (for example, full name, social security number, date of birth, address, medical records number) of Plaintiff in their filings with the Court.
6. Notwithstanding the foregoing, nothing in this Protective Order prevents a party or third party from filing documents containing Plaintiff's True Identity under seal in accordance with Local Rule 5.2 when necessary or appropriate.
7. To the extent any Party or non-party has questions or concerns about whether any forthcoming filing complies with the requirements of this Protective Order, such party or nonparty should seek leave of Court prior to submitting any such filing.
8. Notwithstanding the foregoing, nothing in this Protective Order restricts any party's use of Plaintiff's True Identity at a trial in this action. If Plaintiff wants any restrictions on the disclosure of her True Identity at trial, she must file a motion with the Court and obtain a Court order.
9. The failure to identify Plaintiff in the Complaint need not be addressed on the pleadings stage motions.
10. The Parties agree that Plaintiff's medical records and medical billing will be identified and treated as confidential material and will be marked clearly with “Confidential - True Identity” if produced in the case or filed with the Court.
11. The Parties will comply with the good faith meet-and-confer requirement in Fed.R.Civ.P. 37(a)(1) prior to seeking judicial intervention if there are any disputes relating to this Protective Order.
IT IS SO ORDERED.
EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, __ [print or type full name], of __ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Protective Order that was issued by the United States District Court for the Northern District of Ohio on __ [date] in the case of S.C. v. Wyndham Hotel & Resorts, Inc.; Days Inns Worldwide, Inc.; La Quinta Franchising, LLC; Choice Hotels International, Inc., Six Continents Hotels, Inc.; Holiday Hospitality Franchising, LLC; Crowne Plaza, LLC; Red Roof Inns, Inc.; and Red Roof Franchising, LLC, - No. 23-cv-00871-ALM-EPD. I agree to comply with and to be bound by all the terms of this Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Northern District of Ohio for the purpose of enforcing the terms of this Protective Order, even if such enforcement proceedings occur after termination of this action.