Opinion
Civil Action No: 00-1463 (HHK).
February 28, 2005
PROTECTIVE ORDER FOR DISCLOSURE OF INFORMATION IN RESPONSE TO PLAINTIFF'S DISCOVERY REQUESTS
In the course of discovery in this case, plaintiff has requested production of various records that defendant believes contain highly personal information about non-parties, the indiscriminate disclosure of which defendant further believes could result in unnecessary intrusion upon the privacy interests of those non-parties. Accordingly, the following procedures shall be followed with respect to documents produced in response to plaintiff's discovery requests that contain highly personal information about these non-parties:
1. Whenever counsel for defendant believes that its discovery in this case, in whatever form, may reveal or has revealed information which may invade the privacy interests of non-parties to the litigation, counsel for defendant shall designate such information as subject to this Order by written notice to counsel for plaintiff. Right of access to such material shall be limited to the parties and their counsel, counsel's paralegals and other employees, expert witnesses in their employ, and any other person mutually authorized by all counsel to examine such materials. The plaintiff retains the right to challenge such designation by filing a motion with the Court.
2. Any person having access to this material shall be informed that it is confidential and subject to a nondisclosure Order of the Court. Individuals to whom this material is made. available are bound by the restrictions in this order. Counsel for the parties shall take reasonable steps to ensure that individuals in their employ and persons mutually authorized by all counsel to examine such materials comply with this Order.
3. Those having right of access to the protected material shall use such material and information derived therefrom only for purposes of litigating the instant lawsuit, and shall take all reasonable steps to prevent the use or disclosure of such material or information for any other reason.
4. The substance of the information contained in the material described above shall not be disclosed by those having right of access to the material except as set forth in this Order. No person having access to the material described above shall make public disclosure of those materials without further Order of the Court or stipulation of the parties. Nothing in this Order shall limit plaintiff's right to use such information in depositions, in witness preparation or at trial.
5. Subject to modification by the Court at the time of the trial, the foregoing material shall not be filed with, or referred to in, documents filed with the Court other than in one of the following three manners: (1) in a manner that would not reveal identities of the individuals about whom the information pertains; (2) on the public record with prior approval of the Court; (3) under seal pursuant to Local Civil Rule 5.1(j). If either party intends to file any motion, opposition, reply, or any other paper prior to trial and attach thereto or set forth therein any information or materials that has been designated as subject to this Order, that party shall file two copies of such filing ("Version One" and "Version Two") with the Clerk. Version One shall redact only the specific information designated and shall be filed on the public record. Version Two shall contain no redactions and shall be filed under seal pursuant to Local Civil Rule 5.1(j). Contemporaneous with the filing of such materials under seal, a copy of the material shall be provided to opposing counsel.
6. Subject to modification by the Court at the time of trial, material subject to this Order shall not lose its protected status through use in a court proceeding or through reference thereto in any court filing in this case, and the parties shall take all steps reasonably required to protect its confidentiality during such use. With respect to any reference to the protected material in any paper filed with the Court (except a paper filed with prior approval of the Court or under seal), the parties shall refer to the protected information in a generic manner, which does not permit identification of particular persons or specific protected information.
7. Nothing contained in this Order shall be construed as precluding plaintiff or defendant from introducing materials that are subject to this Order, or the contents thereof, into evidence at trial of this case. Furthermore, nothing in this Order shall constrain plaintiff in any way in the handling of any document already in plaintiff's possession, any document filed by the defendant on the public record, or any document not obtained from the defendant in discovery during this case.
8. Any specific part or parts of the restrictions imposed by this protective Order may be terminated at any time by a letter from counsel for the defendant to counsel for the plaintiff or by Order of the Court. Moreover, in order to facilitate further releases of material the parties, by letter between counsel, may agree to designate other material as being subject to this Order.
9. This Order is without prejudice to the right of any party to make any objection to discovery permitted by the Federal Rules of Civil Procedure, or by any statute or other authority.
10. Nothing in this Order is intended to restrict the federal government in its use of the subject material in the regular course of government activities.
11. All documents and copies made of those documents designated as subject to this Order shall be destroyed or returned to counsel for the defendant within 60 days of the conclusion of all trial and appellate proceedings, provided that counsel may retain a single copy of any documents used as an exhibit or included with any pleadings. If the documents are destroyed, defendant's counsel shall be notified of the date and manner of destruction.
IT IS SO ORDERED