The opinion of the court was delivered by: Patrick J. Walsh United States Judge
JOINT APPLICATION FOR ENTRY OF PROTECTIVE ORDER
The parties jointly apply to the Court for entry of the proposed Protective Order, attached hereto as Attachment 1, based on the following points:
1. This litigation involves claims regarding the administration and management of a health and welfare Plan that provides health and welfare benefits to thousands of Plan participants and beneficiaries. The parties therefore anticipate that many of the documents to be exchanged in this litigation will contain confidential health and other private information (e.g., social security numbers and home addresses) of participants of the Long Term Care Workers Health Plan, as well as confidential information of the parties.
2. In addition, prior to the commencement of litigation Defendant Dickerson Employee Benefits provided certain relevant documents to the Long Term Care Workers Health Trust Fund pursuant to a Confidential Information Agreement, which provided that, if a dispute arose between the parties, the parties would apply to the Court for a Protective Order prior to using any of the documents disclosed pursuant to that Agreement. Defendant Dickerson Employee Benefits and Plaintiff Ronches, on behalf of the Trust Fund, desire the entry of the attached proposed Protective Order to cover those documents as well as documents to be produced in the litigation.
3. The parties have conferred, and agree that the attached proposed Protective Order is appropriate and desirable in this case.
Wherefore, the parties jointly request that the Court enter the attached proposed Protective Order.
Respectfully submitted, /s/ Julia Penny Clark
Julia Penny Clark Robert Alexander Kathleen M. Keller Bredhoff & Kaiser P.L.L.C.
Glenn Rothner (CSB No. 67353) Ellen Greenstone (CSB No. 66022) Rothner, Segall, Greenstone & Leheny Attorneys for Plaintiff John Ronches Scott A. Kronland (CSB No. 171693) Altshuler Berzon LLP Attorney for Plaintiff SEIU United Long Term Care Workers Local 6434
JOINT STIPULATED PROTECTIVE ORDER
Having reviewed the Parties' Joint Motion for Entry of Stipulated Protective Order, and for good cause shown, the Court Hereby ORDERS:
1. Necessity of Order: The parties will make certain requests for production of documents from each other, and have exchanged or intend to exchange certain documents for which the parties claim confidentiality. These documents may contain confidential health, financial, attorney-client privileged, and other private information (e.g., social security numbers and home addresses) of the parties and participants of the Long Term Care Workers Health Plan.
2. Scope of Order. This Order governs the use, handling, and return or destruction of documents, electronic information in any form (including embedded data and metadata), testimony, interrogatory responses and other information, including all copies, excerpts and summaries thereof (collectively, the "Material") produced by any of the litigants or third parties in these litigation proceedings, as well as materials previously provided by Defendant Dickerson Employee Benefits to the Long Term Care Workers Health Trust Fund subject to a Confidential Information Agreement between those parties.
3. Designation of Confidential Material. The Producing Party may designate as "Confidential" any Material that it produces in this Litigation which contains confidential information, which includes financial information, pricing, customer lists, labor relations information, human relations information, internal strategy or strategic planning information, or internal communications regarding the Material designated as confidential; non-public personal information (including social security numbers and home addresses) or HIPAA Protected Health Information ("PHI"); or other information for which a good faith claim of need of protection from disclosure can be made under applicable law ("Confidential Material"). Plaintiff Ronches shall also designate as "Confidential" any documents in the possession of the Long Term Care Workers Health Trust Fund that were previously received from Defendant Dickerson Employee Benefits pursuant to the Confidential Information Agreement. The designations will be made by an attorney, and ...