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Rossetti v. City of Lowell

United States District Court, D. Massachusetts

May 31, 2019

KENNETH J. ROSSETTI, Plaintiff
v.
CITY OF LOWELL and CHRISTINE P. O'CONNOR, Individually and in Her Capacity as City Solicitor for the CITY OF LOWELL, Defendants

          CONFIDENTIALITY AGREEMENT

         Kenneth J. Rossetti (the “Plaintiff”), and the City of Lowell and Christine P. O'Connor (the “Defendants, ” collectively with the Plaintiff, the “Parties”), through the Parties' undersigned counsel, hereby agree that any Party, or any third-party that is subpoenaed for documents, may designate as “Confidential” any information disclosed in this Action by the Party or by any other Party, person, or entity, where the Party has reasonable grounds to believe and in good faith does believe that such documents are confidential. Because this lawsuit concerns, among other things, personnel issues including but not limited to medical status, discipline, and leave, it is anticipated that discovery will include certain documents that are properly designated “Confidential.” Further, because this lawsuit is brought against the City of Lowell and the City Solicitor by a former First Assistant City Solicitor/Assistant City Solicitor, and because the Defendants have raised defenses to this suit based upon the Defendants' characterizations of the Plaintiff's job performance, it is anticipated that certain of the documents relevant to the lawsuit will be documents that may, under other circumstances, be withheld from production because they contain communications between the Defendants and one or more present or former employees or agents of the City of Lowell, including, without limitation, the Plaintiff, that contain legal advice or requests for legal advice. Further, nothing herein expands or contracts the scope of Mass. R. Prof. C.1.6.

         1. “Confidential Information” Defined

         For the purposes of this Agreement, “Confidential Information” shall mean documents, information and materials disclosed during discovery in this action entitled Rossetti v. City of Lowell, et al., United States District Court for the District of Massachusetts, C.A. No. 1:17-CV11395-GAO (the “Action”), which have been designated by any party (“Designating Party”) as being “Confidential” because they contain sensitive information including but not limited to medical records, tax returns, personnel issues such as medical status, discipline, and use of leave and which the Designating Party in good faith believes is reasonably likely to lead to injury to the Designating Party if it is subject to being disclosed. Further, for the purposes of this Agreement only, “Confidential Information” shall include documents, information and materials disclosed during discovery to which the attorney-client privilege or the work product doctrine attaches, but that is provided for use in this lawsuit only due to the fact that such documents or information were authored by, generated by, or known to the Plaintiff during his time of employment as an attorney for the City. Production of such documents expressly does not constitute a waiver of the attorney-client privilege or work product doctrine, which will otherwise be asserted where appropriate.

         A Party's failure to designate a document, thing, or testimony as “Confidential” does not constitute forfeiture of a claim of confidentiality as to any other document, thing, or testimony, provided that any disclosure of information prior to its designation as “Confidential” shall not be considered a violation of this agreement.

         2. Use of Confidential Material

         All Confidential Information shall be used solely in connection with, and only as necessary to, the Action and the preparation and trial of the Action and not for any other purpose.

         Accordingly, no Party or person shall disclose or disseminate documents or information deemed by the Designating Party to be confidential except as provided in paragraph 4 below.

         3. Persons to Whom Disclosure of Confidential Information is Permitted

         Except with the prior written consent of the Designating Party, Confidential Information may be disclosed only to the following persons:

a. Attorneys representing the Parties, and their paralegal and clerical assistants;
b. The Court, the Court's law clerks, stenographers, and other Court personnel;
c. Parties to this Action;
d. Witnesses and potential witnesses whose viewing or use of Confidential Information is necessary and pertinent to their testimony or to the investigation of their knowledge and potential testimony, but only after each such person has completed and certified the Acknowledgment of Understanding and Agreement to Be Bound attached hereto, and providing that, where the witness concerned is not a member or former member of the City of Lowell's Law Department, or a current employee of the City of Lowell, any documents or information proposed to be shown to the witness is presented to the opposing party first for purposes of targeted redaction of material to which attorney-client privilege or work product doctrine attaches as a consequence of Plaintiff's former employment status;
e. Persons retained as expert witnesses or mediators, but only after each such person has completed and certified the Acknowledgment of Understanding and ...

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