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N.C. v. Town of Belmont

United States District Court, D. Massachusetts

April 3, 2018

N.C, by her Mother and Next Friend, M.H., and M.H., Plaintiffs,
v.
TOWN OF BELMONT, JOHN PHELAN, DANIEL RICHARDS, AND JOHN MULDOON, Defendants.

          AGREED TO BY THE PARTIES: THE PLAINTIFF, N.C., BY HER MOTHER AND NEXT FRIEND, M.H., AND M.H., BY THEIR ATTORNEY, MARK F. ITZKOWITZ

          THE DEFENDANTS, TOWN OF BELMONT; JOHN PHELAN; DANIEL RICHARDS; AND JOHN

          MULDOON, BY THEIR ATTORNEYS, PIERCE DAVIS & PERRITANO LLP JOHN J. CLOHERTY III

          STIPULATED PROTECTIVE ORDER

          Honorable George A. O'Toole, Jr., United States District Court Judge

         WHEREAS, certain documents, materials and other information in possession of the parties N.C, BY HER MOTHER AND NEXT FRIEND, M.H., and M.H. (the "Plaintiffs"), and the TOWN OF BELMONT; JOHN PHELAN; DANIEL RICHARDS; and JOHN MULDOON (the "Defendants") (Plaintiffs and the Defendants may be individually referred to as a "Party" or collectively as the "Parties") or other entities subject to discovery or disclosure in this action (the "Litigation") may be claimed to constitute or contain personal, confidential, or proprietary information, or be subject to statutory limitations on disclosure (including, but not limited to, personal identifying data such as Social Security Numbers, medical and employment records, education and school discipline records, Criminal Offender Record Information "CORI" and police departmental practices and procedures); and

         WHEREAS, the interests of the Parties, and the interests in safeguarding the personal, private, proprietary, or statutorily protected information responsive to discovery requests in this Litigation may be jeopardized if the protected or confidential materials or information that are produced in this Litigation were disclosed; and

         WHEREAS, the Parties wish to ensure that any and all personal, private, proprietary or statutorily protected confidential information that is produced in this Litigation is not disseminated beyond the confines of the Litigation and that certain information is accorded additional protection, pursuant to Rule of Civil Procedure 26(c); and, WHEREAS, the isolated redaction of all personal identifying data or statutorily protected information, including CORI, would pose an undue burden and expense upon the parties in possession of such information or may render the documents produced unintelligible;

         NOW, THEREFORE, the Parties hereby stipulate and agree and this Court hereby ORDERS as follows:

         1. This Stipulated Protective Order (the "Stipulated Order") shall govern the handling and treatment of all private, confidential, proprietary or statutorily protected documents, materials and other information, including deposition testimony and deposition transcripts, that are produced or provided in the course of pre-trial discovery and preparation for trial in this Litigation.

         2. Documents produced and testimony given in this Litigation designated as "CONFIDENTIAL" under the provisions of this Stipulated Order, or information derived there from, shall be used solely for purposes of the preparation and trial of the Litigation, for any related appellate proceeding, and for no other purpose, including without limitation any commercial, employment, or business purpose, nor shall it be used for any other Litigation or claims.

         3. For purposes of this Stipulated Order, the term "Producing Party" shall mean any Party to this Litigation who produces or discloses information or materials in the Litigation or whose witnesses give deposition testimony. The term "Producing Party" also shall include any non-party who agrees, in writing, to be bound by the terms of this Stipulated Order pursuant to Paragraph 7, infra, and produces or discloses confidential or proprietary information in the Litigation. The term "Receiving Party" shall mean any Party or non-party to whom information or materials are produced or disclosed in this Litigation, or who elicits deposition testimony from a Producing Party. The term "Designating Party" shall mean any Party or non-party who designates documents or information as "CONFIDENTIAL" pursuant to the terms of this Stipulated Order.

         4. For purposes of this Stipulated Order, the words "document" and "documents" shall mean all written or electronic documents, data, materials, videotapes, and other tangible items, and all information contained therein or that can be derived there from.

         5. A Party may designate as "CONFIDENTIAL" any document or information (including discovery responses or portions thereof) that such party believes constitutes private, confidential, proprietary, or statutorily protected information not generally known to the public. In the case of documents, interrogatory answers, responses to requests for admission, and the information contained therein, such designation shall be made as follows: (i) in the case of documents produced for inspection, by announcing at the time of production for inspection that the documents are "CONFIDENTIAL" and (ii) in the case of copies transmitted to another Party, by stamping or writing the words "CONFIDENTIAL" on the face of the copy of the document or information so designated.

         6. Documents or information designated as "CONFIDENTIAL" in accordance with the terms of this Stipulated Order hereinafter are referred to collectively ...


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