The opinion of the court was delivered by: Honorable Ralph Zarefsky U. S. Magistrate Judge
[Assigned to the Honorable Judge Dale S. Fischer]
[PROPOSED] PROTECTIVE ORDER [filed concurrently with the STIPULATION TO ENTER PROTECTIVE ORDER] Complaint Filed on June 18, 2009
TO THE PARTIES AND THEIR ATTORNEYS:
THE COURT having reviewed the Stipulation to Enter Protective Order filed concurrently herewith, which was agreed and entered into by the parties, herein, by and through their respective attorneys on September 7, 2010, and having found the terms, conditions, definitions, effect, as well as the overall subject matter is within the scope of the Federal Rules of Civil Procedure Rule 26(c), and appropriate for a Protective Order, and having found good cause for a Protective Order to protect sensitive information;
IT IS HEREBY ORDERED AND DECREED THAT:
1. Protected Information: The parties having agreed that certain information created and maintained by the parties, and/or their experts relating, but not limited to, medical treatment, medical data, raw data, analysis, diagnosis and prognosis of the plaintiffs in this matter either is or may be confidential, personal, and/or embarrassing and subject to protection pursuant to FRCP Rule 26(c) ("Protected Information"), the parties have agreed to have an and therefore a Protective Order ("Order") is entered for the purpose of protecting the privacy of plaintiffs, and to govern the designation, production, handling, and treatment, as well as the provision of access to the public, of all "Confidential" documents and information, that falls within the above categories and is obtained and observed by the parties or their agents, including but not limited to, attorneys, experts, and staff, which is produced, obtained, observed or is otherwise provided by the parties and their agents during the course of litigation.
2. Documents: When used in this Order, the word "Document" means and includes, but is not limited to, all written documents, tangible materials and things, intangible data, records, recorded graphics, electronically stored files, electronic data, raw data in any file format, and includes such information and Documents produced during the course of litigation.
3. Designation of Confidential Documents: The parties and/or their agents and experts, may designate any Document as Protected Information by stamping the first page and each page thereafter on tangible documents as "Confidential" or to the extent the information is contained in a non-tangible format, notifying the recipient in a cover letter, or within the body of the cover email, the statement that the "The information contained herein and/or attached hereto is Confidential and subject to a Protective Order." The designating party shall notify all parties of the designating party's election to designate any such document as "Confidential" within 30 days from the date making the "Confidential" designation. Any and all documents that include mental health records, social services records, and/or medical records shall be deemed confidential and shall be governed by this Order. In addition, any party may designate as "Confidential" and subject to this Order, any informtion contained in the documents, and any summaries, copies, abstracts, or other documents derived in whole or in party from documents desgignated as "Confidential".
4. Challenge to Confidentiality Designation: If any party objects to the designation of any Document(s) produced or filed as "Confidential", under the above definitions, that party may file a motion to resolve the dispute regarding whether such Document(s) qualified for Confidential status. Interested parties shall attempt to resolve any such disagreements before submitting them to the Court pursuant to Local Rule 7-3 37. Pending resolution of a dispute over the status of Documents under this Order, the disputed Document(s) shall be considered a Confidential Document subject to the protection of this Order. At all relevant times, the party seeking to assert a Document's confidentiality bears the burden of showing good cause.
5. Identification of Counsel: For the purposes of this Order, "counsel" or "attorney" means counsel of record for the parties of this action and all their employees, agents and experts.
6. Use of Confidential Material: Confidential Documents shall be used solely for the purpose of conducting the action entitled EMANUEL WILLIAMS, II, ROSEMARY WILLIAMS, E.W. M.W. Plaintiffs, v. COUNTY OF RIVERSIDE, DEIN McCOY, TRACY MONROE FREDERIC BRUHN, M.D., LIANE HILEMAN, MARK RIGALI, STANLEY SNIFF, SUSAN LOEW, DOUGLAS D. BAGLEY, and Does 1 through 10 inclusive, Defendants. CASE NO.: CV 09-04291 DSF.
7. Use and Designation of Confidential Material in Court Filings: Portions of confidential records (such as medical records) may be attached to any pleading, motions, affidavits, declarations, deposition transcripts, briefs, or other documents filed with the Court, but all documents that have been designated "Confidential" must be filed under sealed envelopes in a manner that complies with the applicable Local Rules and this Order. When submitting or filing records with the Court under seal, the parties shall use the following designation:
CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER. THIS ENVELOPE , CONTAINING THE ABOVE-IDENTIFIED PARTIES FILED BY [NAME OF THE FILING PARTY], IS NOT TO BE OPENED NOR THE CONTENTS THEREOF DISPLAYED TO ANYONE OTHER THAN THE COURT AND ITS STAFF, OTHER THAN BY COURT ORDER OR AGREEMENT OF THE PARTIES.
Only Confidential records will be filed under seal. The pleadings, motions, affidavits, declarations, deposition transcripts, briefs, or other documents filed ...