Free Protective Order - District Court of Delaware - Delaware

Case 1 :04-cv-00125-JJF-MPT Document 94 Filed O4/13/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDREA L. SPOLTORE, )
f}’k!a ANDREA L. CADWALLADER, )
)
Plaintiff] )
) C.A. No. 04-l25 (JJF)
v- )
)
WILMINGTON PROFESSIONAL )
ASSOCIATES, INC., )
)
Defendant. )
PROTECTIVE ORDER GOVERNING PLAINTIFF’S
CONFIDENTIAL HEALTH INFORMATION
Upon joint stipulation and motion by plaintiff Andrea L. Spoltore and defendant
Wilmington Professional Associates, Inc. pursuant to Federal Rule of Civil Procedure 26(c),
for entry of a protective order to protect documents and information containing plaintiff’s
confidential health information that may be produced in this case, and for good cause shown,
it is hereby
ORDERED:
1. The Protective Order shall govern any documents or information that plaintiff
designates as containing or constituting her “confidcntial health information."
2. It is understood by both parties that all such documents specifically so
designated by plaintiffi and the information contained in such documents, are confidential
as the documents contain personal and confidential health information.
3. All such documents so designated by plaintiff] and the information contained
in such documents, shall be treated as con fidential by all persons covered by this Agreement,
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and shall be used solely for the prosecution of this action. No such document, and no
information contained in any such document, shall be disclosed to anyone, in any manner
whatsoever, except as provided herein.
4. Nothing in the Protective Order shall be construed to prevent counsel for
either party from disclosing such documents, and the information contained in such
documents, to respective counsel’s support staff in the preparation or presentation of either
party’s case, or from exhibiting any such documents or confidential information to said
respective counsel’s support staff or to deponents during the course of their depositions, or
to court reporters.
5. Disclosure shall not be made of any such document to any individual
including expert witnesses (but excluding counsel or support staff) unless and until counsel
shall have first presented to such individual a copy ofthe Protective Order. All counsel shall
require such person to read the Protective Order and to acknowledge reading and
understanding the terms ofthe Protective Order by placing his or her signature on a separate
sheet attached to the Protective Order. All such persons shall be bound by the terms ofthe
Protective Order and shall not permit disclosure or exhibition of the documents, or
information contained in such documents, other than pursuant to the terms ofthe Protective
Order. lt is expressly agreed that the only employee of defendant to whom disclosure can
be made is its president, Robert W. Lynn.
6. Plaintiff shall deem any documents produced which she believes to be subject
to this Order confidential and shall label or stamp such documents accordingly. Any
documents deemed and labeled or stamped confidential shall be tiled under seal with the
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Case 1:04-cv-00125-JJF—MPT Document 94 Filed O4/13/2005 Page 3 of 4
clerk ofthe Court, or be subject to such further restrictions on their subsequent availability
as the Court may direct. Any documents deemed confidential pursuant to the Protective
Order and filed with the Court under seal shall be returned to the parties thirty (30) days
following the final disposition ofthis matter.
7. The parties may consent that a document produced pursuant to discovery may
be removed from the scope of the Protective Order. Such consent shall be indicated by a
writing that is signed by counsel who had originally designated the document as falling
within the scope of the within Protective Order.
8. If a party considers a document not to be confidential and desires the removal
of such designation, counsel for that party shall discuss the matter with the opposing counsel
to ascertain if confidentiality by agreement may be lifted or narrowed. lf agreement of
counsel cannot be had, then the Court may, upon application, make such order as is
appropriate in the circumstances.
9. It is further understood that no copies shall be made of any documents
produced by either party, unless necessary in connection with this litigation.
l0. The termination of proceedings in this action shall not relieve any person to
who confidential material has been disclosed from the obligations of the Protective Order,
unless the Court orders otherwise. At the termination of proceedings in this action, the
parties will promptly destroy all copies of documents identified as covered by this Order.
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Case 1:04-cv-00125-JJF—MPT Document 94 Filed O4/13/2005 Page 4 of 4
ll. This order is not rendered to the prejudice of either party to seek further
protective orders throughout the process of discovery or otherwise during this litigation.
IT IS SO ORDERED.
DATE: /· .¢»/ r' Lg;
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10001579.WPD

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