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JOSEPH W. BUECHEL v. UNITED STATES OF AMERICA

November 30, 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

Before the Court is plaintiff's motion to extend the protective order previously entered in this case to cover additional information and materials. (Doc. 86.) For good cause shown, the subject motion is GRANTED.

IT IS THEREFORE ORDERED that, to ensure that such 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 Protective Order:

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": (1) the log created by the Health Services department at FCI-Greenville containing the names of all inmates who testified positive for MRSA in the year 2006; (2) the medical records of inmate Joseph Hansen; (3) records relating to the work history and cell assignments of non-party inmates at FCI-Greenville; (4) for all FCI-Greenville inmates who tested positive for a Methicillin-resistant Staphylococcus aureus ("MRSA") infection in 2006, all documents showing the antibiotic susceptibilities of the inmates' MRSA infection; (5) for all FCI-Greenville inmates who tested positive for a MRSA infection in 2006 and lived in the same housing unit as Joseph Buechel, all appointment notes or records of examination relating to treatment the inmate received at FCI-Greenville in 2006 for MRSA or wounds later determined to be infected with MRSA bacteria.

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 otherwise affects the treatment of Material.

7. Other than as provided in paragraph 5 above, no designation of "Confidential" shall be effective unless there is placed or affixed on such Material a "CONFIDENTIAL" marking. To the extent necessary, the parties may file redacted ...


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