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Gills v. Perez

United States District Court, D. Colorado

February 26, 2016

GINA GILLS, Plaintiff,
v.
THOMAS E. PEREZ, in his official capacity as Secretary of the United States Department of Labor, Defendant.

PROTECTIVE ORDER

Craig B. Shaffer, United States Magistrate Judge.

This is an action seeking redress for alleged violations of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701, et seq. The parties anticipate that because of the nature of this action, discovery will include information maintained by Defendant that may be subject to the provisions of the Privacy Act and otherwise subject to protection from disclosure. Defendant objects to the disclosure of such information unless the disclosure is authorized and governed pursuant to a Protective Order. Plaintiff may also produce, either as part of her disclosure obligations or in response to discovery requests, medical information. Plaintiff objects to the disclosure of that information unless it is subject to a Protective Order.

The Court has considered the Motion for Entry of Protective Order. Upon a showing of good cause in support of the entry of this Protective Order, the Court GRANTS said Motion. Thus, pursuant to 5 U.S.C. § 552a(b)(11) and Fed.R.Civ.P. 26(c), to protect the discovery and dissemination of confidential information or information which may improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS HEREBY ORDERED:

1. If Defendant discloses to Plaintiff a document or information that would otherwise be protected by the Privacy Act, this order is an order of the court pursuant to 5 U.S.C. § 552a(b)(11) which allows for such disclosure.

2. To address certain types of confidential information and documents covered by this Protective Order, the parties have agreed to designate certain information as “confidential” and limit disclosure accordingly. This Protective Order shall apply to documents, materials, and information disclosed or created pursuant to disclosure or discovery duties created by the Federal Rules of Civil Procedure. This includes, without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, video or audio recording of deposition testimony, and other information.

3. “Confidential Information” means documents, materials, and information disclosed or created pursuant to disclosure or discovery duties created by the Federal Rules of Civil Procedure, including any extract, abstract, chart, summary, note, or copy made therefrom which, after having been reviewed by one of the lawyers for the parties, is designated by that lawyer as confidential based on a good faith belief that the information is indeed confidential or otherwise entitled to protection under Fed. R.Civ. P. 26(c). The designation as “Confidential Information” only affects how the receiving party or that party’s counsel handles such documents or information. That is, the designation does not affect how the party or that party’s counsel who produces the document or information handles such documents or information apart from designating such documents or information as Confidential pursuant to this Protective Order.

4. The lawyer for the party designating any information as Confidential will make that designation in the following manner:

a. By imprinting the word “Confidential” on any document;
b. By imprinting the word “Confidential” next to or above any response to a discovery request;
c. With respect to documents, information, or data produced in a format in which imprinting the word “Confidential” is impractical (e.g., electronically stored information), by giving written notice to opposing counsel designating such documents, information, or data as “Confidential.”
d. With respect to deposition testimony or the recording of a deposition, by a statement on the record what is considered “Confidential”;
e. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as “Confidential;” and
f. With respect to documents provided by any third party to this action, by giving written notice to opposing counsel designating such ...

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