Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Briggs v. Massachusetts Department of Correction

United States District Court, D. Massachusetts

December 27, 2016

LEONARD BRIGGS, GEORGE SKINDER, LOUIS MARKHAM, FRANCIS MCGOWAN, ERIC ROLDAN, ROLANDO S. JIMENEZ, AND JENNIFER WARD, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
MASSACHUSETTS DEPARTMENT OF CORRECTION; THOMAS A. TURCO, III1, COMMISSIONER OF THE MASSACHUSETTS DEPARTMENT OF CORRECTION; CAROL MICI*, DEPUTY COMMISSIONER OF CLASSIFICATION, PROGRAMS, AND REENTRY DIVISION; RAY MARCHILLI*, SUPERINTENDENT OF MCI-SHIRLEY; SEAN MEDEIROS, SUPERINTENDENT OF MCI-NORFOLK; STEVEN O'BRIEN, SUPERINTENDENT OF THE MASSACHUSETTS TREATMENT CENTER; ALLISON HALLET*, SUPERINTENDENT OF MCI-FRAMINGHAM; AND MASSACHUSETTS PARTNERSHIP FOR CORRECTIONAL HEALTHCARE, Defendants.

          Plaintiffs Leonard Briggs, George Skinder, Rolando S. Jimenez, Louis Markham, Francis McGowan, Eric Roldan, and Jennifer Ward, By their attorneys Tatum A. Pritchard, BBO #664502 Elizabeth Matos, BBO #671505 Lisa J. Pirozzolo, BBO# 561922 Alexandra B. Bonneau, BBO #687785 Jocelyn M. Keider, BBO #694801 Wilmer Cutler Pickering Hale and Dorr LLP Deborah M. Golden (DC 479578) Washington Lawyers' Committee for Civil Rights & Urban Affairs

          Defendants Massachusetts Department of Correction; Thomas A. Turco III; Carol Mici; Ray Marchilli; Sean Medeiros; Steven O'Brien; and Allison Hallett, By Their Attorney, MAURA HEALEY Kirk G. Hanson, BBO# 655534 Dennis N. D'Angelo, BBO #666864 Anna Rachel Dray-Siegel, BBO# 679443

          The Defendant, Massachusetts Partnership for Correctional Healthcare, LLC By Its Attorneys, William Joseph Flanagan. BBO #556598 Curtis Carpenter, BBO #657358 MORRISON MAHONEY LLP

          STIPULATED AMENDED PROTECTIVE ORDER [1]

         Plaintiffs Leonard Briggs, George Skinder, Rolando S. Jimenez, Louis Markham, Francis McGowan, Eric Roldan, and Jennifer Ward, on behalf of themselves and all others similarly situated, ("Plaintiffs"); and Defendants Massachusetts Department of Correction ("DOC"); Thomas A. Turco III, in his official capacity as Commissioner of DOC; Carol Mici, in her official capacity as Deputy Commissioner of Clinical Services and Reentry; Ray Marchilli, in his official capacity as Superintendent of MCI-Shirley; Sean Medeiros, in his official capacity as Superintendent of MCI-Norfolk; Steven O'Brien, in his official capacity as Superintendent of the Massachusetts Treatment Center; and Allison Hallett, in her official capacity as Superintendent of MCI-Framingham (collectively, the "DOC Defendants"), and the Massachusetts Partnership for Correctional Healthcare, LLC ("MPCH"), (together with the DOC Defendants, "Defendants"), by and through their undersigned counsel, hereby stipulate and agree to the request for, and entry of, the following Amended Protective Order:[2]

         1. All documents, materials, items, and/or information that contain or comprise confidential information produced or submitted during the course of this action either by a party or by a nonparty to or for any of the parties shall be governed by this Amended Protective Order.

         2. Any information or materials produced by any party or nonparty as part of discovery in this action may be designated by such party or nonparty as "Confidential" under the terms of this Amended Protective Order.

         3. The terms of this Amended Protective Order shall apply to all manner and means of discovery, including entry onto land or premises, and inspection of books, records, documents, and tangible things.

         Definition of "Confidential" Information or Material

         4. As a general guideline, information or materials designated as "Confidential" are those things that the designating or producing party reasonably and in good faith believes: (a) contain or disclose confidential and sensitive medical, personnel or financial data or information involving privacy interests; (b) contain or disclose any information that may concern or impact security at any DOC facility or location at which individuals in the custody of DOC are placed; or (c) contain any other information subject to any protection from disclosure under any state or federal statute, regulation, or common law, including without limitation: "personal data" as defined and protected by the Massachusetts Fair Information Practices Act ("FIPA"), M.G.L. c. 66A; "protected health information" ("PHI"), as defined by the federal Health Insurance Portability and Accountability Act ("HIPAA"), 42 U.S.C. § 1320d and 45 C.F.R. §§ 160.103 and 164.501 (2003); information concerning an individual's HIV status, as protected by M.G.L. c. 111, § 70F; criminal offender record information, as defined and protected by M.G.L. c. 6, §§ 167 and 172; and any other information subject to protection under similar statutory grounds and associated regulations. Any party, including a third party, that produces documents or material containing such information shall designate the document or material, or portion(s) thereof containing such information, as "Confidential, " pursuant to the provisions in Paragraph 6 of this Amended Protective Order.

         5. Nothing in this Amended Protective Order is intended to, nor shall, in any way, alter the obligations imposed upon holders of information subject to any protection from disclosure under any state or federal statute, regulation, or common law in any future action, investigation, or matter. This Amended Protective Order is entered solely for the purposes of this litigation.

         Designation of Information or Material as "Confidential"

         6. The designation of information or material as "Confidential" for purposes of this Amended Protective Order shall be made in the following manner by the party or nonparty seeking protection:

         a. In the case of documents, exhibits, briefs, memoranda, interrogatory responses, responses to requests for admission, or other materials (apart from depositions or other pretrial or trial testimony): by affixing the legend "CONFIDENTIAL" to each page of any document containing any confidential information or material at the time such documents are produced or such information is disclosed, or as soon thereafter as the party or nonparty seeking protection becomes aware of the confidential nature of the information or material disclosed and sought to be protected hereunder; and

         b. In the case of depositions or other pretrial testimony:

i. By a statement on the record, by counsel, during such deposition or other pretrial proceeding that the entire transcript or a portion thereof shall be designated as "Confidential" hereunder; or
ii. By written notice of such designation sent by counsel to all parties within twenty-one (21) days after receipt by counsel of the transcript of the deposition. During a deposition, the deponent or his counsel, or any other counsel of record present at the deposition, may invoke the provisions of this Amended Protective Order in a timely manner, giving adequate warning to counsel for the party or nonparty that testimony about to be given is deemed "Confidential." During the twenty-one (21) days during which counsel can designate deposition and other pretrial testimony as "Confidential" by written notice, the parties shall treat all deposition and other pretrial testimony as "Confidential" hereunder pending receipt of such written notice.

         Disclosure and Use of Information or Material Designated as "Confidential"

         7. Absent a specific order by this Court, once designated as "Confidential, " such designated information shall be used by the parties solely in connection with this litigation, and not for any other purpose or function, and such information shall not be disclosed to anyone except as provided herein.

         8. Information or material designated as "Confidential, " or copies or extracts therefrom and compilations and summaries thereof, may be disclosed, summarized, described, characterized, or otherwise communicated or made available in whole or in part only to the following persons:

a. Parties' counsel in this action, and regular and temporary employees of such counsel to whom it is necessary that the information or material be shown for the purposes of this litigation only;
b. Attorneys and staff in the DOC General Counsel's Office, the Massachusetts Executive Office of Public Safety and Security Chief Legal Counsel's Office, and the Governor's Office of Legal Counsel who are either working on or who have decision-making responsibility for this case;
c. Consultants as defined in Paragraph 9 herein and subject to and conditioned upon compliance with Paragraph 10 herein;
d. The Court, pursuant to Paragraph 12 herein;
e. Court reporters and their necessary stenographic, videographic, and clerical personnel employed in ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.