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Doe v. Freeburg Community Consolidated School District No. 70

United States District Court, S.D. Illinois

November 21, 2017

JOHN DOE 4, Plaintiff,
v.
FREEBURG COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 70, a corporation, HERSCHEL PARRISH, CLARENCE HAEGE, and LAWRENCE MEGGS, Defendants,

          AMENDED PROTECTIVE ORDER

          DONALD G. WILKERSON, United States Magistrate Judge

         In order to facilitate discovery and to prevent unnecessary disclosure of confidential information concerning the identity of the Plaintiff, and the identity of other alleged victims of childhood sexual abuse, the Court enters this Agreed to Protective Order at the request of the parties pursuant to Federal Rule of Civil Procedure 26(c).

         IT IS HEREBY ORDERED that the following procedures shall be adopted with respect to documents and other information produced and/or disclosed in this action:

         1. Due to the explicit nature of this action, including the allegation the plaintiff was a victim of childhood sexual abuse, the identity of the Plaintiff shall remain confidential throughout the entire proceedings of this case, including but not limited to the discovery process, as named Defendants have been apprised of the true identity of the Plaintiff, John Doe 4, in this matter.

         2. That one or more of the parties are aware of the identity of other alleged victims of childhood sexual abuse who were/are students of Freeburg Community Consolidated School District No. 70. (hereinafter “other alleged victims”). Due to the explicit nature of this action, and the fact that these alleged victims were minors at the time of the alleged abuse, the identity of these other alleged victims shall remain confidential throughout the entire proceedings of this case, including but not limited to the discovery process. The parties will agree to apprise each other of the true identity of these other alleged victims pursuant to the terms of this protective order.

         3. The identity of the Plaintiff and other alleged victims shall not be disclosed to any person except hereafter provided.

         4. All documents and materials filed with the Court, including, but not limited to, any deposition transcripts, exhibits, answers to interrogatories, briefs, memoranda, affidavits and/or pleadings which contain the identity of the Plaintiff or other alleged victims, shall be filed in accordance with Local Rule 5.1(d) including, but not limited to, refraining from including, or redacting where inclusion is necessary, any personal identifiers of the Plaintiff or other alleged victims.

         5. The identity of the Plaintiff and/or any other alleged victim shall not be disclosed to any person other than:

(a) The Court, provided that any such material containing the identity of the Plaintiff and/or any other alleged victim that is filed with the Clerk of the Court, shall be sealed pursuant to paragraph 4, above, and subject to release only by Order of the Court;
(b) Counsel of record for the parties herein (including other attorneys and staff in their offices);
(c) Consultants and experts (and their employees and staff) specifically employed by counsel to assist in the conducting of this litigation;
(d) The Defendants, including the present and former officers, directors and employees of the Defendant Freeburg Community Consolidated School District No. 70 who are involved in the discovery proceedings or preparation of this action for trial;
(e) Persons who are actual or potential witnesses or deponents in this action, provided, however, that such persons shall not be allowed to retain copies of any and all information concerning the identity of the Plaintiff and/or any other alleged victim;
(f) Such other persons as may be hereafter authorized in writing by the Plaintiff and ...

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