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J.J. v. Litscher

United States District Court, W.D. Wisconsin

April 27, 2017

J.J., et. al., Plaintiffs,
v.
Jon E. Litscher, et. al., Defendants.

          PROTECTIVE ORDER

          JAMES D. PETERSON District Judge.

         Based upon the Stipulation for Protective Order filed on April 26, 2017, by Plaintiffs, J.J., K.D., CM., R.N., M.S., A.V., M.R., S.K. and A.P. and Defendants, Jon E. Litscher, John D. Paquin, Wendy A. Peterson, and Brian Gustke, by and through their respective attorneys, IT IS HEREBY ORDERED that the following restrictions and procedures shall apply to certain information, documents, and excerpts from documents supplied by the parties to each other in response to discovery requests:

         1. (a) Any producing party from time to time may designate as "Confidential" any portion of discovery materials which actually contain non-public, personal confidential information, including discovery materials which identify incarcerated juveniles by name the disclosure of which would, in good faith judgment of tho Producing Party, result in disclosure of confidential information. "Confidential" shall also mean confidential materials within the personnel files of Jon E. Litscher, John D. Paquin, Wendy A. Peterson, and Brian Gustie and other personal confidential materials or records that contain social security numbers, home addresses, names of minor children, full dates of birth, financial account numbers, passwords, medical records, and the like.

         (b) Social security numbers, home addresses, names of minor children other than juveniles who are or have been incarcerated at LHS or CLS, dates of birth except the year, and financial account numbers may be redacted by a producing party prior to production, in lieu of labeling such information confidential.

         (c) A document shall be designated as "Confidential" by placing the word "CONFIDENTIAL" on each page of the document; provided, however, that any document which identifies an incarcerated juvenile by name shall be treated as confidential by all parties regardless of whether or not the document has a CONFIDENTIAL designation on the document.

         2. Documents or information designated as "Confidential" shall be disclosed only to counsel of record in this action and individuals employed by or assisting counsel in litigating this action, the parties, the Court, court personnel, members of the jury, stenographic reporters engaged for depositions or other proceedings necessary for the conduct of this case, and impartial neutrals retained to mediate this action.

         3. Any such confidential documents or information shall be used only for the purpose of prosecuting this action and may not be used by any party or person for any other litigation or non-litigation related purpose.

         4. (a) Any witness, lay or expert, to whom such confidential documents or information contained therein is to be disclosed shall first be advised by counsel making that disclosure that, pursuant to this Protective Order, such person or firm may not divulge any such information to any other person. If confidential materials which have not been marked as "CONFIDENTIAL" are disclosed in a setting where the producing party who designated materials as confidential is present, the burden shall fall on the producing/designating party, and not the disclosing party, to inform the witness of the Protective Order. If confidential materials have been marked as "CONFIDENTIAL", the burden shall fall on the disclosing party to inform the witness of the Protective Order.

         (b) Counsel shall inform the witness of the Protective Order by securing from each such witness the attached written statement that he/she understands that, pursuant to this Protective Order, such person may not divulge any such confidential documents or information to any other person and that he/she further submits to this Court's jurisdiction for contempt or any other appropriate proceeding in the event of any alleged violation of this Protective Order. The form of such statement is attached hereto as Exhibit A. Copies of the executed statement obtained by the non-producing/designating party shall be promptly furnished to the producing/designating party at the conclusion of this action.

         5. The terms and conditions of this Order shall remain binding on all parties and their counsel and persons who have executed Exhibit A after the conclusion of this action.

         6. (a) To the extent that any answers to interrogatories, transcripts of depositions, responses to requests for admissions, or any other evidence filed with the Court reveal information that has been designated as confidential, the confidential information must either be redacted or must be filed under seal by the filing party pursuant to the procedures of the United States District Court for the Western District of Wisconsin for filing sealed documents.[1] The burden will always be on the producing party to label as "Confidential" any interrogatory answer, transcript, or response to a request for admission as confidential, before the burden will fall on the filing party to redact or seal. In the case of deposition testimony, counsel for any party desiring to designate any portion of the transcript or exhibits thereto confidential shall, within ten days after the transcript has been received by such counsel, designate those portions of the transcript which contains testimony concerning confidential materials as "Confidential."

         (b) Any party filing evidence designated as confidential under subsection (6)(a) must either (1) file the material under seal; or (2) file an objection to the designation of the information as confidential. If such an objection is made, the person having designated the information as confidential may file a motion to seal within 21 days of the objection. Until the objection is ruled upon by the Court, the confidential material may only be filed under seal.

         6. An inadvertent failure to designate documents or information as Confidential does not, standing alone, waive the right to so designate the document.

         7. At the termination of this action and all related proceedings, all copies of confidential information shall be either returned to the ...


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