United States District Court, D. Massachusetts
Respectfully submitted, Defendant American Airlines By
counsel: David J. Volkin, Esq. BBO# 630743 The Law Offices of
David J. Volkin
Respectfully submitted, Plaintiffs Andrew Schwartz and Amy
Schwartz By counsel: Andrew M. Fischer BBO# 167040 Andrew J.
Brodie BBO# 661269 Law Offices of Jeffrey S. Glassman LLC
ORDER STIPULATION AND PROTECTIVE ORDER GOVERNING
DISCOVERY AND THE PROTECTION OF CONFIDENTIAL
George A. O'Toole, Jr.
to Rule 26(c) of the Federal Rules of Civil Procedure, the
parties to this action and their counsel are subject to the
following Protective Order:
protective order applies to all documents and to the
information contained therein designated
"CONFIDENTIAL" by the party producing same. This
Order is intended to cover, without limitation, all records
of the plaintiffs' taxes, business records, medical, and
mental health records in this case.
2. If a
party seeks to establish that documents or information
contained in the documents are not entitled to such status
and protection, the party shall advise opposing counsel of
the basis of the objection. If the parties cannot resolve the
dispute within ten (10) days of such notification, the party
seeking to establish confidentiality shall bring the matter
to the Court for resolution and shall bear the burden of
establishing that a protective order concerning the documents
or information is appropriate. See Anderson v.
Cryovac, 805 F.2d 1 (1st Cir. 1986).
Confidential documents are to be used by the parties only in
connection with litigating this case, unless the
confidentiality of the documents is successfully challenged
at a later date.
Confidential material may only be disclosed as follows:
a. to the Court, in camera or under seal;
b. to attorneys of record, including their partners and
associates, office support and any others who are directly
assisting the attorneys of record, and such persons are to be
informed of their obligations under this Order and will be
bound by this Order; and
c. to experts, under these conditions: (1) the attorney of
record shall first inform each expert that the disclosed
material is confidential, is to be held in strict confidence,
and is to be used solely to prepare and present evidence in
the litigation, and that these restrictions are imposed by
court order; and (2) the expert shall agree in writing to be
bound by this Order.
Confidential material may not be otherwise disclosed without
the prior written consent of the party producing same, unless
confidentiality is successfully challenged at a later date.
Copies of confidential material may not be made except for an
expert who requires a copy for review, file copies for
counsel, and copies for use at depositions, in support of
motions, and for use at trial. To the extent copies are made
as provided in this paragraph, such copies shall themselves
become confidential documents and shall be subject to all the
terms of this Order as if they were a "first
Medical records and mental health treatment records may not
be discussed with or provided to the defendants ...