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WHITESIDE v. JOHNSONDIVERSEY

August 11, 2005.

GINGER WHITESIDE, Plaintiff,
v.
JOHNSONDIVERSEY, INC. d/b/a S.C. Johnson Professional and/or Johnson Wax Professional, et al. Defendant.



The opinion of the court was delivered by: DONALD G. WILKERSON, Magistrate Judge

PROTECTIVE ORDER

WHEREAS, Rule 26(c) of the Federal Rules of Civil Procedure provides for the issuance of protective orders limiting the disclosure of discovered information in appropriate circumstances; and

WHEREAS the parties to this litigation have agreed in good faith to limit the use and re-disclosure of certain mental health records of the plaintiff, as evidenced by the terms of this Order and their signatures of their attorneys below;

  NOW, THEREFORE, THIS 11th DAY OF August, 2005, THIS COURT ORDERS THAT:

  Pursuant to Fed.R.Civ.P. 26(c) the following terms and conditions shall apply to the discovery of plaintiff's mental health condition:

  1. Plaintiff may claim confidential treatment for documents and information and any portions or summaries thereof revealed or produced or obtained in connection with this action and relating to the following subject matter (hereafter called "confidential information"):

  Diagnosis, testing and/or treatment for mental health, psychiatric, and/or psychological conditions; treatment for alcohol and/or drug abuse; treatment for HIV, AIDS, and any other sexually transmitted disease; all whether or not related to the injuries alleged in this action. 2. The court finds that the above-mentioned class of information constitutes confidential information subject to the protections of Fed.R.Civ.P. 26(c). The court further finds that unless disclosure of such confidential information is limited as provided herein, actual and substantial injury may be suffered.

  This order does not limit the rights of any parties to assert any other claims of privilege and confidentiality during these proceedings, nor does it limit the right of plaintiff to object to the admission of such information at trial.

  3. Confidential information shall be designated by the plaintiff as follows:

  (a) in the case of documents, by stamping or writing "confidential" on them before production; or alternatively when documents are obtained by a defendant herein pursuant to subpoena and/or plaintiff's duly executed Authorization for Release, by informing the obtaining party at the time of providing the Release that the materials sought may contain confidential information and thereafter within ten days of their receipt by plaintiff's counsel, designating the documents or portions thereof as "confidential" through stamping or writing "confidential" on the face of the documents, or through correspondence to all parties identifying the documents or portions thereof for which the "confidential" designation is made. The obtaining party agrees to maintain and treat such documents as "confidential" under the terms of this Order during that ten day period, but upon expiration of the ten day period the plaintiff will have been deemed to have waived any assertion of confidentiality to said documents unless she has made the designation as provided in this paragraph.

  (b) in the case of interrogatory answers, by stating at the beginning of the answers those specific answers or parts of answers deemed confidential and by stamping or writing on the front of any set of answers the phrase "Contains Confidential Information";

  (c) in the case of depositions, by a statement on the record to the effect that the testimony given or about to be given, or the exhibit introduced or about to be introduced, contains reference to confidential information, whereupon the officer transcribing the proceedings shall be instructed to stamp or write on the cover of the transcript the phrase "Contains Confidential Information"; and

  (d) in all other cases, by any manner reasonably calculated to impart notice that confidential information is being disclosed.

  4. Confidential information shall be used only for the purpose of conducting this litigation and not for any other purpose. Disclosure for the purpose of conducting ...


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