Bush v. Marriott Vacations Worldwide Corp.

          ULWELLING | SIDDIQUI LLP OMAR A. SIDDIQUI JONATHAN C. HATFIELD BRITTANY A. ORTIZ Attorneys for Plaintiff Gavin Bush

          WOLFE & WYMAN LLP ERIC T. LAMHOFER Attorney for Defendants Marriott Vacations Worldwide Corporation and Marriott Resorts Hospitality Corporation

          Judge: Hon. Andre Birotte, Jr.

          [PROPOSED] PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL INFORMATION

          Honorable Kenly Kiya Kato United States Magistrate Judge

         WHEREAS, Plaintiff GAVIN BUSH (“BUSH”) and Defendants MARRIOTT VACATIONS WORLDWIDE CORPORATION (DOING BUSINESS AS - MARRIOTT VACATIONS WORLDWIDE, MARRIOTT VACATION CLUB, MARRIOTT VACATION CLUB INTERNATIONAL, AND MARRIOTT SHADOW RIDGE - PALM DESERT RESORT), MARRIOTT RESORTS HOSPITALITY CORPORATION (“MARRIOTT”), (all of the above being, collectively, the “Parties) believe that in the course of this action certain information, documents, and testimony likely to be disclosed and produced through discovery may constitute or incorporate confidential medical, psychiatric and health related information and records within the meaning of Federal Rule of Civil Procedure 26(c); and WHEREAS, the Parties believe that entry of a protective order pursuant to Federal Rule of Civil Procedure 26(c) would best protect their interests while facilitating discovery in this action; and WHEREAS, the Court finds good cause exists for the entry of this Protective Order in this action pursuant to Federal Rule of Civil Procedure 26(c) in order to protect confidential medical, psychiatric and health related information and records.

         IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 26(c), that this Protective Order shall govern the treatment and handling of any information produced or disclosed by any Party or non-Party (“the Producing Party”) to this action, including without limitation, Rule 26 disclosures, documents, depositions, deposition exhibits, interrogatory responses, responses to requests for admission, and testimony (such information and/or documents shall hereinafter be referred to as “Confidential Material”) provided it is designated (or, within the appropriate time limitation, is pending designation) as being Confidential Material as required by this Protective Order. ANY USE OF CONFIDENTIAL MATERIAL AT TRIAL OR OTHER COURT HEARINGS OR PROCEEDINGS SHALL BE GOVERNED BY THE ORDERS OF THE TRIAL JUDGE.

         It is further ordered that:

         1. Any Producing Party may designate any Confidential Material as “CONFIDENTIAL” if such producing party in good faith believes that such Confidential Material contains confidential or proprietary information, including information in written, oral, electronic, graphic, pictorial, audiovisual, or other form, whether it is a document, information contained in a document, item produced for inspection, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

         2. Any Producing Party may designate any Confidential Material as “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” if such producing party in good faith believes that such Confidential Material contains confidential, sensitive, and private medical, psychiatric and health related information and records of the Producing Party, including, without limitation, records and reports from treating physicians, psychiatrists, psychologists, therapists, and expert witnesses or any other information of such sensitivity to warrant “Confidential-Attorneys’ Eyes Only” treatment, including, information in written, oral, electronic, graphic, pictorial, audiovisual, or other form, whether it is a document, information contained in a document, item produced for inspection, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

         3. A Producing Party may designate any document or other tangible information or thing as “Confidential” or “Confidential-Attorneys’ Eyes Only” by stamping a conspicuous place thereof with the legend CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES ONLY, respectively. For example, in the case of a document, a producing party may so mark the first page of a multipage document and each page thereafter that actually contains Confidential Material. In the case of other tangible items, a producing party may so mark any appropriate location. For example, in the case of a computer disk, a producing party may so mark the disk cover.

         4. The terms of this Protective Order are applicable to Confidential Material produced by a non-party and designated “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS EYES ONLY” only when the producing non-party has a proprietary interest or other right in such Confidential Material, or where the producing non-party is contractually obligated to maintain the confidentiality of such Confidential Material. A producing party may designate documents, information, or things disclosed at a deposition of a producing party or one of its present or former officers, directors, employees, agents, or independent experts retained for purposes of this litigation as “Confidential” or “Confidential- Attorneys’ Eyes Only” on the record during the deposition; or by notifying all parties in writing of the specific item so designated, within twenty one (21) days of receiving a copy of the deposition transcript, of the specific exhibits or lines and pages of the transcript that are believed in good faith to contain Confidential Material.

a. If a producing party designates such materials as “Confidential” or “Confidential-Attorneys’ Eyes Only” on the record, the court reporter shall indicate on the cover page of the transcript that the transcript includes Confidential or Confidential-Attorneys’ Eyes Only information, shall list the pages and lines numbers and/or exhibits of the transcript on or in which such information is contained, and shall bind the transcript in separate portions containing Confidential, Confidential-Attorneys’ Eyes Only, and non-Confidential material. Further, during the period in which such Confidential or Confidential-Attorneys’ Eyes Only information is discussed during the deposition, any person present during the deposition who is not a Qualified Person, as defined below, or the court reporter, shall be excluded from that portion of the deposition.

b. A deposition transcript and the exhibits thereto shall be presumed Confidential-Attorneys’ Eyes Only in their entirety until twenty one (21) days after receipt of the transcript by the producing party. If, after the deposition is taken, the producing party designates any portion of the deposition transcript or exhibits as “Confidential” or “Confidential- Attorneys’ Eyes Only” by giving written notice as described above, all persons receiving notice of such designation shall affix the same to the face of their copy or copies of the transcript. At the expiration of the twenty one (21) day period, the transcript and exhibits shall automatically revert to non-Confidential status, except those portions that have been designated on the record or in writing as “Confidential” or “Confidential-Attorneys’ Eyes Only.” Nothing in this paragraph is intended to restrict any Party’s right to attend depositions pursuant to paragraph 7 hereof.

c. A non-producing party may designate documents, information, or things disclosed at a deposition as “Confidential” or “Confidential- Attorneys’ Eyes Only” in the same manner as a producing party if it has a good faith basis for claiming a proprietary interest or other right in the Confidential Material.

         5. Material designated as confidential under this Protective Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter “Confidential Material”) shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose, except that a Party may seek permission from another court to use Confidential Material produced under this Protective Order provided said Party gives advance notice to the parties whose materials are sought to be used and provided no disclosure of such Confidential Material is made until such other court grants the request for permission. The restrictions contained in this paragraph No. 5 may be modified by written agreement of the parties, but such modifications will not be considered part of this order unless approved by the Court. Nothing in this paragraph shall operate to bar motions in limine or similar motion to exclude the use of any document in any action between the Parties on any appropriate and available basis.

         6. Confidential Material produced pursuant to this Protective Order may be disclosed or made available only to the Court; Court personnel, including the Court’s court reporters; any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions; to counsel for a Party (including the paralegal, clerical, ...