Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:01-cv-01871-JBA

Document 188

Filed 11/14/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ARC/CONNECTICUT, ET. AL. PLAINTIFFS vs. PETER H. O'MEARA, ET AL. DEFENDANTS. : : : : : : : :

3:01CV1871 (JBA)

NOVEMBER 12, 2003

MOTION TO AMEND PROTECTIVE ORDER The plaintiffs move the Court to approve and enter the Amended Protective Order attached hereto. In support of this Motion the plaintiffs represent that the attached Amended Protective Order is acceptable to Attorney Thomas York, counsel for defendants, and counsel for the plaintiffs.

PLAINTIFFS, Digitally signed by David C. Shaw, Esq. DN: CN = David C. Shaw, Esq., C = David C. Shaw, US, O = Law Offices of David C. Shaw Date: 2003.11.12 09:44:46 -05'00' Esq. By_________________________ David C. Shaw, Esq. 34 Jerome Ave., Suite 210 Bloomfield, CT 06002 Fed. Bar No. ct05239 Tel. (860) 242-1238 Fax. (860) 242-1507 Email: [email protected]

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ARC/CONNECTICUT, ET. AL. PLAINTIFFS vs. PETER H. O'MEARA, ET AL. DEFENDANTS. : : : : : : : : 3:01CV1871 (JBA)

NOVEMBER 12, 2003

AMENDED PROTECTIVE ORDER To protect the privacy of clients of the Department of Mental Retardation ("DMR") as well as their families and guardians, all parties' responses to discovery which include the names or other personally identifying information about such persons shall be treated in the following manner: 1. The parties reserve any and all rights to object to any discovery requests. The

defendants specifically reserve the right to object to the production of any information about families and guardians of clients of DMR based upon HIPAA or any other law that protects the confidentiality of this information. Nothing in this Protective Order shall be interpreted to limit or interfere with the normal operation of DMR. This Protective Order only applies to discovery responses made in the context of this litigation. 2. Discovery responses which include the names or personally identifying

information about clients of DMR and/or their families and guardians shall be disclosed

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only to counsel for the parties or their expert consultants. Such information shall not be redisclosed by counsel for the parties or their experts, except as authorized below. 3. Counsel for the parties may disclose and discuss discovery responses containing

personally identifying information about DMR clients and/or their families or guardians with their expert consultants and their clients, but only to the limited extent necessary to litigate this case. 4. Should attorneys for the parties find it necessary to disclose documents or data

protected by this order to persons other than their clients or their experts, they shall give appropriate notice to opposing counsel. If, within ten (10) business days of such notice, opposing counsel fails to give approval to such disclosure, the counsel advocating the disclosure shall make an appropriate application to the Court. 5. Any persons to whom disclosure is to be made pursuant to paragraphs 2 and 3 of

this Protective Order shall first read this Protective Order and shall be strictly bound by the obligation not to redisclose documents or data containing personally identifying information about clients of the DMR and/or their families or guardians, except to the extent authorized herein and shall sign the form attached hereto acknowledging knowledge of this Protective Order, of their responsibility not to disclose documents or data with personally identifying information and of the fact that they may be subject to contempt of Court if they violate their responsibilities under this Order. 6. Counsel shall provide copies of all Acknowledgements of Duty Not to Disclose

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completed by their clients or expert consultants. 7. All documents which include the names of clients of the DMR and/or their

families and guardians or other personally identifying information about them shall be sealed when filed with the Court.

Dated at New Haven, Connecticut, this

day of

, 2003.

______________________ Hon. Joan Margolis United States Magistrate Judge

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CERTIFICATION This is to certify that a copy of the foregoing was sent via postage prepaid, first class mail to counsel of record on November 12, 2003. Hugh Barber, Esq. Assistant Attorney General State of Connecticut P.O. Box 120 Hartford, CT 06141 Thomas M. Fiorentino, Esq. Assistant Attorney General State of Connecticut P.O. Box 120 Hartford, CT 06141 Thomas B. York, Esq. Dilworth, Paxson LLP 112 Market St., 8th Floor Harrisburg, PA 17101 Mark R. Carta, Esq. Rucci, Burnham, Carta & Edelberg, LLP 30 Old Kings Hwy. South Darien, CT 06820

David C. Shaw, Esq.

Digitally signed by David C. Shaw, Esq. DN: CN = David C. Shaw, Esq., C = US, O = Law Offices of David C. Shaw Date: 2003.11.12 09:45:50 -05'00'

___________________________ David C. Shaw, Esq.

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