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McCarthy v. FSH Boylston, Inc.
United States District Court, D. Massachusetts
January 23, 2019
BRENDAN MCCARTHY, Plaintiff,
FSH BOYLSTON, INC., Defendant.
CONFIDENTIALITY AGREEMENT AND PROTECTIVE
A. O'Toole, Jr.
Plaintiff Brendan McCarthy (hereafter, "Plaintiff')
seeks discovery of confidential, proprietary and trade secret
documents and information from FSH Boylston, Inc.
("FSH") regarding certain of FSH's internal
policies and practices ("Confidential
Information"); and WHEREAS, FSH requires protection
against the unrestricted disclosure and use of such
it is agreed that:
1. This Confidentiality Agreement and Protective Order shall
govern all Confidential Information revealed in the
above-referenced lawsuit, whether the Confidential
Information is contained in documents produced, answers to
interrogatories, deposition testimony, and/or any other oral
or written responses to discovery conducted in this matter,
whether it is revealed by FSH or any other party or
2. A party shall indicate that information is Confidential
Information hereunder by producing a copy bearing a stamp or
label signifying that it is "Confidential." In the
case of testimony or any other oral information, it shall be
sufficient for a party to state that the Confidential
Information is confidential pursuant to this Agreement at the
time such testimony or oral information is given or conveyed.
Alternatively, a party may designate testimony as
Confidential hereunder by marking the transcript containing
Confidential Information with the word
"Confidential" within thirty days (30) days of
receipt of the transcript of said testimony; 3. Confidential
Information obtained by or produced to any party shall be
held in confidence and revealed only to counsel of record,
paralegals and secretarial employees under counsels'
direct supervision, the parties themselves for purposes of
deposition, and such persons as are employed by the parties
or their counsel to act as experts, investigators or
consultants in this case. All Confidential Information must
be maintained in counsels' office, with the exception of
documents and/or information provided to individuals employed
to act as experts in this case. The parties shall take all
steps reasonably necessary to see that no person shall use,
disclose, copy or record Confidential Information for any
purpose other than the preparation or conduct of this case.
4. All Confidential Information shall be used solely for the
purpose of maintaining the present litigation, including any
appeals or retrials, and not for any other purpose(s). Under
no circumstances shall Confidential Information be disclosed
to anyone other than the persons designated above, and the
parties shall not disclose such Confidential Information to
any undesignated person during or after the termination of
this litigation. Moreover, no Confidential Information shall
be disclosed to a competitor (direct or indirect) of FSH,
whether for the purposes of this litigation or otherwise.
5. Before any Confidential Information is disseminated or
disclosed to any of the above-designated persons, such person
shall (a) read this Confidentiality Agreement in its
entirety; and, (b) agree to all provisions of this
6. All depositions, pleadings and reports in which
Confidential Information is discussed, documented or referred
to shall themselves be deemed Confidential Information and
shall be subject to this Agreement. Should a party use any
Confidential Information in any pleading filed with the
Court, that party shall, at the time of filing, request that
the court impound the specific portion of the pleading
containing the Confidential Information.
7. Upon final termination of this litigation, each person
subject to this Confidentiality Agreement shall return all
Confidential Information to counsel for FSH within thirty
(30) days after the final disposition of this matter.
Documents that contain notations of counsel may be destroyed
rather than returned, but it shall be the responsibility of
counsel to ensure the documents are destroyed.
8. The disclosure of any Confidential Information by FSH
shall not serve to waive any of the protections provided by
this Confidentiality Agreement with respect to any other
9. No person who has received Confidential Information shall
seek to vacate or otherwise modify this Agreement at any
10. Nothing in this Confidentiality Agreement shall restrict
FSH's right to object to the disclosure of documents or
information otherwise objectionable, protected or privileged
pursuant to the Federal Rules of Civil Procedure and the
Local Rules of the United States District Court for the
District of Massachusetts, or to seek an agreement preventing
disclosure or limiting the discovery of Confidential
Information, or to seek an agreement preventing disclosure or
limiting the discovery of information or material that is
objectionable on other ...
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