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Buechel v. United States

August 18, 2010

JOSEPH W. BUECHEL, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Clifford J. Proud U.S. Magistrate Judge

ORDER

By separate order the Court has ruled that documents relating to evaluations of FCIGreenville's infection control or sanitation measures made by the Bureau of Prisons is not privileged or otherwise protected from disclosure, and that defendant must produce said information to plaintiff Joseph W. Buechel. Therefore, in accordance with the Privacy Act, 5 U.S.C. § 552a, a protective order is warranted.

IT IS THEREFORE ORDERED that, in accordance with the Privacy Act, 5 U.S.C. § 552a, for good cause shown, and to ensure that material is kept confidential and is not used for any purpose other than discovery and trial preparation in this case, the parties shall comply with the following:

1. This Order shall apply to and govern the handling of all documents/electronic documents, deposition testimony and other information, including all copies, excerpts, and summaries thereof (hereinafter referred to as "Material") that is designated "Confidential" in accordance with paragraph 2 of this Order, and is produced, given or filed during discovery and other proceedings prior to trial of this action. This Order shall not apply at any trial of this matter and for that purpose, to the extent necessary, issues of confidentiality at trial will be addressed separately.

2. The following Material shall be designated "Confidential":

Documents relating to evaluations of FCI-Greenville's infection control or sanitation measures made by the Bureau of Prisons (see Defendant's Privilege Log 4 (Doc. 69-7)).

3. Material designated "Confidential" shall be maintained in confidence by the attorneys for the party to whom such Material is produced and shall not be produced to Plaintiff or disclosed in writing to Plaintiff, and will not be disclosed to any other person except:

(a) the Court and its officers;

(b) counsel;

(c) employees of counsel; and

(d) third parties engaged by counsel of the parties to assist in this litigation, deponents, or hearing witnesses, provided that any such third party, deponent, or hearing witness has (i) read this order and (ii) first been requested to sign an undertaking to comply with this Order, which counsel will use all good faith efforts to obtain; such third parties do not include family members of the parties. In the event that a third party witness refuses to sign such undertaking, the third party witness will not be allowed to take custody or maintain any such document or copy thereof, except for purposes of reviewing a deposition transcript prior to signature.

4. Any deposition testimony or written discovery related to the records designated "Confidential" pursuant to Paragraph 2 shall also be designated "Confidential."

5. Material produced without the designation of "Confidential" may be so designated subsequent to production when the producing party failed to make such designation at the time of production through inadvertence or error, provided correction occurs within thirty days of discovery of the inadvertence or error and the party making the correction notifies the recipient of said material by specifying, by document number, which documents are now deemed to be covered by this Order.

6. Nothing herein shall prohibit either party from seeking an Order that designated Material is not entitled to "Confidential" treatment or that ...


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