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Telfort v. Bunker Hill Community College

United States District Court, D. Massachusetts

April 13, 2017

MODELINE TELFORT, Plaintiff,
v.
BUNKER HILL COMMUNITY COLLEGE, Defendant.

          PROTECTIVE ORDER

         Good cause having been shown with respect to Modeline Telfort's student personnel record, IT IS HEREBY ORDERED as follows:

         I. Disclosure of Private Information

         1. Certain documents in the custody and control of Defendant Bunker Hill Community College contain information which is confidential and may be protected from disclosure by a variety of statutes and regulations including but not limited to G. L. c. 66A and G. L. c. 93H. Such information is referred to herein as "Private Information."

         2. In consideration of the potential relevance of certain documents containing Private Information and the need for Plaintiff to have access to such materials in order to evaluate her claims in the above-captioned litigation ("Litigation"), as well as the Defendant's need to use such materials in its own defense in the Litigation, and after balancing these needs against the potential harms caused by use of such materials in the Litigation, the Court, subject to the specific provisions of this Protective Order, orders that Defendant may provide Plaintiff in this Litigation with documents containing Private Information, subject to relevancy and any other objection or claims of privilege, finding that the non-disclosure provision of the Massachusetts Fair Information Practices Act, G. L. c. 66A, § 2(c), [1] and the typical protections afforded the requested information such as those enumerated in paragraph 1 must give way to the compelling interest in the correct disposal of the Litigation.

         3. The Court further finds that the purposes of G. L. c. 66A, § 2(k)'s notice-and-opportunity-to-oppose provisions[2] and the notice provisions of other privacy statutes and regulations cannot be served in these circumstances and accordingly that Defendant may provide the Private Information without giving such notice to individuals whose Private Information will be provided to Plaintiff.

         4. Nothing in this Protective Order is intended to, nor shall, in any way, alter the obligations imposed upon holders of Private Information in any future action, investigation, or matter. This Protective Order is entered solely for the purposes of the Litigation and any appeals arising from these proceedings

         5. Private Information produced by Defendant is only for use in the Litigation. subject to the specific provisions of this Protective Order. The production of Private Information by Defendant shall not constitute a waiver of right to assert its privileges over material other than that produced pursuant to this Protective Order and shall not constitute a waiver of Defendant's right to assert its privileges over the materials produced pursuant to this Protective Order and related materials in any other circumstances, including but not limited to other litigations, arbitrations, hearings, investigations, or similar settings.

         II. Limitations on Disclosure of Private Information

         6. The Private Information disclosed in connection with the Litigation shall be used solely for the purposes of developing a factual record during the Litigation and furthering the arguments of any party in the Litigation and may. without further agreement by the parties or order of this Court, be disclosed only to the following persons:

a. attorneys, legal assistants, paralegals, secretaries, vendors engaged to assist with the Litigation, employees of the parties assisting with the Litigation, experts and consultants (and their staff) retained with respect to the Litigation;
b. any person from whom testimony has been taken or is reasonably expected to be taken in the Litigation (whether by deposition or at trial or by affidavit), provided that any such person should only be allowed to view Private Information if it is necessary for the Litigation and, under no circumstances, should they be allowed to receive or possess copies of Private Information;
c. this Court and its staff: and
d. any court reporters present in their official capacity at any hearing, deposition or other proceeding in the Litigation.

7. Notwithstanding the above, in the event that the Parties seek to disclose any document marked as "Confidential, " and/or to disclose the Private Information contained therein during the course of this Litigation, or in any other public or private forum concerning the allegations of ...


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