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Estate of Williams v. Truax

United States District Court, E.D. Wisconsin

April 12, 2019

ESTATE OF TERRY WILLIAMS, by Special Administrator Cuc Huynh; L.W., daughter of Terry Williams, by LaQesha Green; and CUC HUYNH, Plaintiffs,
v.
MICHAEL T. TRUAX, JOHN DOE #1, and OTHER UNNAMED MEMBERS OF THE MILWAUKEE COUNTY SHERIFF'S DEPT., Defendants.

          ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER (DKT. NO. 25)

          HON. PAMELA PEPPER UNITED STATES DISTRICT JUDGE

         On March 27, 2019, the parties filed a stipulation for entry of a protective order. Dkt. No. 25. The court APPROVES the stipulation, dkt. no. 25, and under Federal Rule of Civil Procedure 26(c) and Civil Local Rule 26(e) (E.D.Wis.), ORDERS that:

         (A) DEIGNATION OF CONFIDENTIAL OR ATTORNEYS' EYES ONLY INFORMATION.

         Designation of information under this Order must be made by placing or affixing on the document or material, in a manner that will not interfere with its legibility, the words “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.”

         (1) One who produces information, documents, or other material may designate them as “CONFIDENTIAL” when the person in good faith believe they contain nonpublic confidential law enforcement, medical, financial, personal, employment, and other sensitive information.

         (2) One who produces information, documents, or other material may designate them as “ATTORNEYS' EYES ONLY” when the person in good faith believes that they contain nonpublic confidential law enforcement, medical, financial, personal, employment, and other sensitive information that requires protection beyond that afford by a CONFIDENTIAL designation.

         (3) Except for information, documents, or other materials produced for inspection at the party's facilities, the designation of confidential information as CONFIDENTIAL or ATTORNEYS' EYES ONLY must be made prior to, or contemporaneously with, their production or disclosure. In the event that information, documents or other materials are produced for inspection at the party's facilities, such information, documents, or other materials may be produced for inspection before being marked confidential. Once specific information, documents or other materials have been designated for copying, any information, documents or other materials, containing confidential information will then be marked confidential after copying but before delivery to the party who inspected and designated them. There will be no waiver of confidentiality by the inspection of confidential information, documents, or other materials before they are copied and marked confidential pursuant to this procedure.

         (4) Portions of depositions of a party's present and former officers, directors, employees, agents, experts, and representatives will be deemed confidential only if designated as such when the deposition is taken or within 30 days of receipt of the deposition transcript.

         (5) If a party inadvertently produces information, documents, or other material containing CONFIDENTIAL or ATTORNEYS' EYES ONLY information without marking or labeling it as such, the information, documents, or other material shall not lose its protected status through such production and the parties shall take all steps reasonably required to assure its continued confidentiality if the producing party provides written notice to the receiving party within 10 days of the discovery of the inadvertent production, identifying the information, document or other material in question and o the corrected confidential designation.

         (B) DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.

         Information, documents or other material designated as CONFDIENTIAL OR ATTORNEYS' EYES ONLY under this Order must not be used or disclosed by the parties or counsel for the parties or any persons identified in subparagraphs (B)(1) and (2) below for any purposes whatsoever other than preparing for and conducting the litigation in which the information, documents or other material were disclosed (including appeals). The parties must not disclose information, documents, or other material designated as confidential to putative class members not named as plaintiffs in putative class litigation unless and until one or more classes have been certified. Nothing in this Order prohibits a receiving party that is a government agency from following its routine uses and sharing such information, documents or other material with other government agencies or self-regulatory organizations as allowed by law.

         (1) CONFIDENTIAL INFORMATION. The parties and counsel for the parties must not disclose or permit the disclosure of any information, documents or other material designated as “CONFIDENTIAL” by any other party or third party under this Order, except that disclosures may be made in the following circumstances:

(a) Disclosure may be made to employees of counsel for the parties or, when the party is a government entity, employees of the government, who have direct functional responsibility for the preparation and trial of the lawsuit. Any such employee to whom counsel for the parties makes a disclosure must be advised of, and become subject to, the provisions of this Order requiring that the information, documents, or other material be held in confidence.
(b) Disclosure may be made only to employees of a party required in good faith to provide assistance in the conduct of the litigation in which the information was disclosed who are identified as such in writing to counsel for the other parties in advance of the ...

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