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Rave v. Ciox Health LLC

United States District Court, E.D. Wisconsin

July 6, 2018

TIMOTHY RAVE, Plaintiff,



         On June 28, 2018, the parties filed a “stipulation for protective order” with the court. Dkt. No. 52. The court CONSTRUES the parties' June 28, 2018 “stipulation” as a joint motion for entry of a protective order.[1] After reviewing the parties' motion, the court finds that the exchange of sensitive information between or among the parties and/or third parties other than in accordance with this order may cause unnecessary damage and injury to the parties or others. The court finds that the terms of this order are fair and that the parties have shown good cause for the entry of a protective order governing the confidentiality of documents produced in discovery, answers to interrogatories, answers to requests for admission, and deposition testimony. The court APPROVES the proposed protective order, dkt. no. 52. Under Federal Rule of Civil Procedure 26(c) and Civil Local Rule 26(e) (E.D. Wis.), the court ORDERS that:



         1. The following definitions shall apply to this Protective Order:

         (a) The term “Confidential Information” means information that the designating party reasonably believes will disclose confidential and nonpublic technical, commercial, financial, personal or business information that would provide others with an unfair competitive or improper advantage. Confidential Information also means an individual's private or personal information which, if disclosed, would violate the privacy rights of that individual. Confidential Information may include documents or things produced in this action (during formal discovery or otherwise), information produced by non-parties, responses to discovery requests, and information or items disclosed during depositions, hearings or at trial. Information originally designated as “Confidential Information” shall not retain that status after any ruling by the Court denying such status to it.

         (b) The term “designating party” means the party producing or designating information as Confidential Information under this Protective Order.

         (c) The term “receiving party” shall mean the party to whom Confidential Information is produced.

         (d) The term “Conclusion” shall mean the time for any records retention requirements or statute of limitation applicable to a party or party's counsel or the end of this litigation through final, non-appealable judgement that resolves all of the issues as to all of the parties.

         Designation of Confidential Information

         2. Each designating party who produces or discloses any material that it believes constitutes Confidential Information shall designate it as such. In designating Confidential Information, the designating party shall mark the item or each page of a document “Confidential” or “Highly Confidential-Attorneys' Eyes Only.”

         (a) Confidential Information may be designated as “Highly Confidential-Attorneys' Eyes Only” when, in the reasonable judgment of the designating party, the information is Confidential Information, but is extremely sensitive in nature, including, but not limited to, PHI, customer or patient identification, confidential business plans and financial, revenue, pricing, marketing, competitive, technical and research information relating to the designating party or the designating party's products or services or planned products or services.

         (b) When Confidential Information contained in documents or things are produced, they shall be designated as “Confidential” or “Highly Confidential- Attorneys' Eyes Only” by the producing party before production to the receiving party.

         (b) (1) When documents or things are made available for inspection, they may be collectively designated as “Confidential” or “Highly Confidential-Attorneys' Eyes Only” for purposes of the inspection, by letter or otherwise, without marking each document or thing “Confidential” or “Highly Confidential-Attorneys' Eyes Only.” Once specific documents have been selected for copying, any documents containing confidential information may then be marked “Confidential” or “Highly Confidential- Attorneys' Eyes Only” after copying but before delivery to the party who inspected and selected the documents. There will be no waiver of confidentiality by the inspection of confidential documents before they are copied and marked “Confidential” pursuant to this procedure.

         (c) Portions of depositions may be designated “Confidential” if they are designated as such at the time the deposition is taken or within 30 days after the deposition transcript is received by the designating party or its counsel. Portions of depositions may be deemed “Highly Confidential-Attorneys' Eyes Only” only if they are designated as such at the time the deposition is taken.

         (d) In the case of electronic documents that are produced in native file format, designation shall be made by placing the legend “Confidential” or “Highly Confidential-Attorneys' Eyes Only” on the face of the CD or other medium on which the document is produced, or inserting the designation electronically if the same can be done without obscuring or compromising the document contents or affecting the metadata fields. If the receiving party makes a copy of a native file document containing Confidential Information on any form of portable media (e.g., CD, DVD, thumb drive, or flash drive), the media on which such copies are made shall be labeled in accordance with this Protective Order.

         3. The parties recognize that during the course of this litigation, Confidential Information that originated with or is maintained by a non-party may be produced. Such information may be designated as “Confidential” or “Highly Confidential-Attorneys' Eyes Only” and shall be subject to the restrictions contained in this Confidentiality Stipulation and Protective Order. If any Confidential Information is produced by a non-party to this litigation, such a non-party shall be considered a “designating party” within the meaning of that term as it is used in this Confidentiality Stipulation and Protective Order and the parties will each be treated as a “receiving party.” Further, parties to the litigation may designate its own documents or information contained in the non-party's production or deposition testimony as “Confidential” or “Highly Confidential-Attorneys' Eyes Only” within 30 days after the non-party's production or deposition transcript is received.

         4. Except for testimony, documents and things disclosed in open court, in the event any designating party produces Confidential Information that has not been correctly designated, the designating party may redesignate the information to the same extent as it may have designated the information before production, by a subsequent notice in writing specifically identifying the redesignated information. The parties shall treat such information in accordance with this Confidentiality Stipulation and Protective Order, and shall undertake reasonable efforts to correct any disclosure of such information contrary to the redesignation. No. proof of error, inadvertence, or excusable neglect shall be required for such redesignation.

         Disclosure of the Confidential Information

         5. Information designated “Confidential” may be disclosed only to the following:

         (a) In-house and outside counsel, their legal support personnel, and those persons specifically engaged for the limited purpose of making photocopies of documents or preparing documents for production.

         (b) Independent consultants or experts and their staff not employed by or affiliated with a party who are retained either as consultants or expert witnesses for the purpose of this litigation.

         (c) Employees and management of any party who provide actual assistance in the conduct of the litigation in which the information is disclosed, but only to the extent necessary to allow them to provide that assistance.

         (d) Any person no longer affiliated with any party who authored, reviewed or received the Confidential Information prior to the initiation of this litigation.

         (e) Any person who is expected to testify as a witness at a deposition or court proceeding in this litigation for the purpose of assisting in his/her preparation therefore, and any third-party witness who is shown Confidential Information during deposition examination or trial testimony.

         (f) The Court and Court personnel, and Official Court Reporters to the extent that Confidential Information is disclosed at a deposition or court session which they are transcribing.

         (g) The list of persons to whom Confidential Information may be disclosed identified in this Paragraph 5 may be expanded or modified by mutual agreement in writing by counsel for the parties to this action without the necessity ...

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