Name of Assigned Judge Amy J. St. Eve Sitting Judge if Other or Magistrate Judge than Assigned Judge
The Court denies in part non-party American Nurses Association's motion to strike or enforce . The Court takes the remainder of ANA's motion as well as Plaintiffs' motion regarding certain confidentiality designations  under advisement pending further briefing. The Court grants Defendants and ANA leave to file, by 6/18/12, submissions addressing the confidentiality of the documents at issue consistent with the Court's order. Plaintiffs may respond by 6/25/12.
O[ For further details see text below.] Notices mailed by Judicial staff.
Before the Court is Plaintiffs' self-styled "motion regarding certain confidentiality designations," in which they ask the Court to determine that certain of Defendants' confidentiality designations are unwarranted. Also before the Court is non-party American Nurses Association's ("ANA") motion to strike or deny Plaintiffs' motion, or, in the alternative, to adopt and enforce the protective order issued by the United States District Court for the District of Maryland. Defendants have responded in writing to Plaintiffs' motion, and Plaintiffs have responded to ANA's motion. For the following reasons, the Court denies ANA's motion to the extent that it asks the Court to strike Plaintiffs' motion and adopt and enforce the Maryland court's protective order. The Court takes the remainder of ANA's motion as well as Plaintiffs' motion under advisement pending further briefing, as explained below.
Plaintiffs filed their Complaint against Defendants pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. Plaintiffs, non-exempt staff nurses employed by Defendant hospitals, allege that Defendants failed to compensate them for all hours worked. Specifically, Plaintiffs allege that although Defendants regularly required Plaintiffs to work through all or part of their meal breaks, Defendants subjected Plaintiffs to automatic deductions for their scheduled meal breaks. In addition to their FLSA claims, Plaintiffs also seek to recover unpaid wages under the Illinois Minimum Wage Law ("IMWL"), 820 ILCS 105/1 et seq., the Illinois Wage Payment and Collection Act ("IWPCA"), 820 ILCS 115/1 et seq., and Illinois common law.
I. The Illinois Protective Order
In Asidao, et al. v. Resurrection Health Care Corp., Case No. 09 C 6731 (N.D. Ill.), the court entered an Agreed Protective Order (the "Protective Order"). See id., R. 60. Asidao was thereafter reassigned to this Court, which consolidated Asidao and this case. See id., R. 75, 76. On June 24, 2010, the Court ordered that the Protective Order in Asidao applies to this case. (R. 54, Order.) Paragraph 10 of the Protective Order provides as follows:
Confidential documents may not be filed under seal absent an order of the Court granting a motion to file documents under seal. Such motion must be filed and noticed for a hearing date prior to the due date of the particular filing, and such motion must demonstrate good cause for sealing a particular document or a portion thereof.*fn1
Confidential Documents shall not be filed with the clerk of court. Confidential Documents requiring the Court's review shall be submitted to chambers in camera in a sealed envelope bearing the caption of the case, case number, the title of the motion or response to which the submitted confidential information pertains, and the name and telephone number of counsel submitting the documents. The producing party shall maintain the original documents intact for any further review. A redacted copy of all Confidential Documents shall be filed with the ...