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Harwood v. Healthcare Technology Enabled Services, LLC

United States District Court, E.D. Wisconsin, Milwaukee Division

July 22, 2019

ELIZABETH HARWOOD and ZANE VANSELOW, individually and on behalf of a class of others similarly situated, Plaintiffs,
v.
CHANGE HEALTHCARE TECHNOLOGY ENABLED SERVICES, LLC, fka PST SERVICES, INC., MILWAUKEE RADIOLOGISTS, LTD., S.C., AND MIDWEST AREA PHYSICIANS, LLC. Defendants, ACUITY, A MUTUAL INSURANCE COMPANY, Intervening Defendant.

          STIPULATED PROTECTIVE ORDER

          Honorable Lynn S. Adelman United States District Judge.

         Upon due consideration of the Parties' Joint Motion For Protective Order, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Wisconsin Uniform Trade Secrets Act, Wis.Stat. §134.90, and for good cause shown, it is hereby ORDERED:

         1. “Highly Confidential” Materials. All documents or other tangible things including, without limitation, audiotapes, videotapes, computer disks, recordings, and photographs, and all electronically stored information (“ESI”) as described in Local Rule 26, including but not limited to patient/client information, proprietary, non-public, business, financial, or sensitive information produced by any party to another party in this action, under Rules 26, 30, 33, 34, or 45 of the Federal Rules of Civil Procedure, by agreement of the parties, or otherwise, and that are marked “Highly Confidential” on the face of the document by the producing party shall be treated as “Highly Confidential” materials under this Order. By marking the information as “Highly Confidential” the party is representing that it reasonably believes that the information meets the criteria set forth above and that the information has been kept confidential by the party. Highly Confidential material also includes confidential medical or personal information that is sensitive and non-public in nature, subject to requirements to use reasonable efforts to maintain its secrecy, and/or is protected from public disclosure by state or federal law or regulation and specifically includes “Protected Health Information” within the meaning of 45 C.F.R. §160.103, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Highly Confidential materials shall also include transcripts, notes, working papers, summaries of depositions, or parts thereof, and/or responses to requests for admissions or interrogatories in which Highly Confidential information is discussed or disclosed. Prior to marking any discovery material “Highly Confidential, ” counsel for the producing party or non-party must make a good faith determination that the material contains Highly Confidential material.

         2. Restrictions on Disclosure of “Highly Confidential” Materials. Except with written prior consent of all parties and nonparties asserting confidential treatment, and except as provided elsewhere in this Order, materials designated “Highly Confidential, ” and all information contained therein or derived therefrom, may not be possessed, used, or disclosed to any person other than “Qualified Persons” as provided below:

(a) Counsel of record for each party and employees or agents of counsel who assist in the conduct of this civil action;
(b) The parties and the corporate parties' officers, directors, or employees that counsel for the parties deem necessary to participate in this civil action. Such persons must view or use the information for no other purpose than this litigation;
(c) Actual or potential deposition or trial witnesses in this action may be questioned about “Highly Confidential” information, and may view the information to the extent needed to prepare for deposition or trial, but may use the “Highly Confidential” information only for purposes of participation in this litigation;
(d) Court reporters and persons preparing transcripts of depositions;
(e) Outside consultants and experts retained for the purpose of assisting counsel and the parties in the prosecution and/or defense of this suit; and
(f) Other persons upon order of the Court, or upon written agreement by the person or entity that produced or disclosed the Highly Confidential material.

         3. Litigation Use Only. All “Highly Confidential” materials, and all information contained therein or derived therefrom, shall be used solely for the preparation and trial of this suit (including any appeals and retrials), and shall not be used for any other purpose, including personal, business, governmental or commercial, or in any administrative, arbitration or judicial proceedings or actions that are separate from this lawsuit.

         4. No Waiver. The inadvertent or unintentional failure by either party to designate “Highly Confidential” materials properly shall not be deemed a waiver in whole or in part of the producing party's claim of confidentiality as to the specific document or information disclosed. Within a reasonable period of time following the producing party's discovery that a document or information was not correctly designated, the producing party shall provide notice in writing or by e-mail to the other parties that the document or information was inappropriately designated. The producing party shall then have seven (7) business days in which to re-designate and produce the properly designated document or information. During the seven days after notice, the document or information shall be treated as Highly Confidential.

         5. Objections to Designation. If a party reasonably believes that any document or information should not have been designated as “Highly Confidential” that party must specify, in writing, to the producing party: (a) the document or information at issue and; and (b) the grounds for questioning the confidentiality designation. The party questioning the designation and the producing party must confer in good faith to attempt to resolve the designation without the Court's intervention. Upon written notice to the producing party that the disagreement with respect to the designation cannot be resolved informally, the producing party may move the Court for an order to confirm the producing party's designation. Until the Court rules, the challenged “Highly Confidential” designation, as originally marked by the producing party, shall remain in effect. If the producing party does not move for an order within 20 days of the written notice, the designation shall be deemed withdrawn. A party shall not be obligated to challenge the propriety of a “Highly Confidential” designation at the time made, and a failure to do so shall not preclude any subsequent challenge.

         6. Third Parties Bound. No. person authorized under the terms of this Order to receive access to “Highly Confidential” materials shall be granted access to such materials unless and until such ...


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