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Artis v. Cape Cod Hospital

United States District Court, D. Massachusetts

January 23, 2019


          PLAINTIFF Gloria Artis By her Attorney

          DEFENDANT Cape Cod Hospital By its Attorneys



         This matter comes before the Court, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, for the entry of a Protective Order governing the disclosure of confidential information by Defendant Cape Cod Hospital (“Cape Cod Hospital” or the “Defendant”) and Plaintiff Gloria Artis (“Artis” or the “Plaintiff”) (each individually a “Disclosing Party, ” collectively with Cape Cod Hospital, the “Parties”) during this lawsuit. The Parties have agreed, as set forth in this Stipulated Confidentiality Agreement and Protective Order (“Stipulation”), to treat certain information as “Confidential” and subject to the protections afforded herein. As such, the Parties hereby stipulate and jointly move that the Court enter a mutual protective order pursuant to Fed.R.Civ.P. 26 as follows:

         1. This Confidentiality Stipulation and Protective Order shall apply to all information, documents, and things subject to discovery in this employment litigation matter (the “Action”), whether from a party or a third party, including but not limited to deposition testimony, answers to interrogatories, documents produced, information obtained from inspection of premises or things, answers to requests for admission, and responses to subpoenas (collectively, “Discovery Materials”).

         2. The term “documents” shall be synonymous in meaning and equal in scope to the usage of this term in Rule 34 of the Federal Rules of Civil Procedure, and the Local Rules.

         3. A party may designate as “Confidential” any Discovery Materials, or portion thereof, that the party determines, in good faith, contains personal, confidential, proprietary and/or trade secret information, including documents and information: (i) non-public financial information of a Disclosing Party; (ii) non-public information concerning Defendant's current, former or prospective customers or clients and/or patient information; (iii) non-public information concerning Defendant's present or former parents, subsidiaries, affiliated companies, vendors, suppliers, service providers, employees, and independent contractors; (iv) non-public information concerning Defendant's policies, practices, procedures, codes of conduct, codes of ethics, compliance policies, internal investigations, and employee relations and human resources records or proceedings; (v) information concerning any current or former employee of Defendant including, without limitation, documents containing compensation-related information and other personnel-related information, health or medical-related information, social security numbers, home addresses, or home telephone numbers; (vi) any confidential, proprietary and/or trade secret information afforded protection from disclosure under state or federal law; and (vii) information concerning Plaintiff's medical and health care records, consultation, care, treatment or diagnosis.

         4. A party may also designate Discovery Materials as “Confidential - Attorneys' Eyes Only.” “Confidential - Attorneys' Eyes Only” Discovery Materials shall consist only of highly sensitive confidential, proprietary, trade secret or personal information, the disclosure of which by the disclosing party would proximately and foreseeably cause the Disclosing Party significant harm to its business, or excessively intrude on the Disclosing Party's privacy interests.

         5. Information disclosed, reviewed or discussed in a deposition may be designated as “Confidential” by any party by so indicating on the record at the time of the deposition or, within thirty (30) days after receipt by the party of the applicable deposition transcript, by notifying counsel for the other party in writing as to which portions of the deposition transcript contain “Confidential” information.

         6. The Parties agree that during discovery, Confidential information produced, disclosed, or used in discovery in this Action shall be treated as confidential, shall not be disclosed except as provided herein, and shall be utilized solely in connection with the above-captioned Action by:

(a) the Court, Court personnel, duly authorized court reporters or stenographers for hearings, depositions and trial, and, if applicable, the Jury;
(b) the Plaintiff and the Defendant and their representatives and attorneys of record and those persons working with and for the attorneys of record at the same firm, other attorneys acting “of counsel” for any party to this stipulation in this action and persons employed in said other attorneys' offices (provided “of counsel” attorneys and other persons are shown a copy of this Stipulation and agree to be bound by same); and
(c) pursuant to Paragraph 5, persons retained in this action to assist in the prosecution or defense of this Action, including experts, and persons employed and affiliated with such experts, consultants, and individuals whom any party to this proceeding intends to call as witnesses at trial.

         7. Nothing in this Stipulation constitutes an admission or agreement that any document or information is subject to discovery or is admissible as evidence in this case. Nothing in this Stipulation shall be construed to prohibit or limit any party's attorneys from seeking to mark or introduce designated Confidential Information at any deposition taken in, at any hearing or at the trial of, this Action. Nothing in this Stipulation is intended to, nor shall it, restrict, limit or usurp any non-parties rights under federal or state law, including, without limitation, an individual's rights under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Nothing ...

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