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Braithwaite v. Smelcer

United States District Court, E.D. Wisconsin

December 17, 2019

JOSHUA P. BRAITHWAITE, Plaintiff,
v.
LACEE SMELCER, et al., Defendants.

          PROTECTIVE ORDER

          WILLIAM E. DUFFIN U.S. Magistrate Judge.

         The parties to this Stipulated Protective Order agreed to the terms of this Order; accordingly, it is ORDERED:

         1. Scope.

         The subject of this Order is any Confidential Information produced in discovery or exchanged among the parties. This Order is subject to the Federal Rules of Civil Procedure.

         2. Confidential Information.

         As used in this Order, “Confidential Information” means any research or technical information that the party has maintained as confidential, specifically to include Department of Corrections policies, procedures, and training materials that are restricted. “Confidential Information” further means any personally identifying information about staff members currently or formerly employed with the Wisconsin Department of Corrections.

         A. A party may designate a document as Confidential Information for protection under this Order by placing or affixing the words "CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER" on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, "copies" includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER" shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Any copies that are made of any documents marked "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" shall be also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

         B. A party may designate a document as Confidential Information only after review of the document by an attorney who has in good faith determined that the document contains Confidential Information as defined in this Order.

         3. Protection of Confidential Information.

         A. General Protections.

         Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (B) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof.

         B. Limited Third-Party Disclosures.

         The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (i)-(vii). Subject to these requirements, the following categories of persons may be allowed to review Confidential Information:

i. Counsel. Counsel for the parties and employees of counsel who have responsibility for the preparation and ...

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