United States District Court, M.D. Pennsylvania
Christopher C. Conner Chief Judge
to Rule 26(c) of the Federal Rules of Civil Procedure, the
following Protective Order has been entered by the Court.
within or derived from the following categories of
information constitutes "Protectable Information":
(a) documents containing personally identifiable information,
such as social security numbers, birth dates, home addresses,
email addresses, and non-public telephone numbers; (b)
documents filed under seal in other courts proceedings; (c)
mental health records; (d) any records concerning criminal
charges against Plaintiff Raymond Holloway subject to
expungement as a matter of law.
Designation of Protected Information.
Protectable Information to be subject to this order, the
party producing the Protectable Information shall stamp or
otherwise affix the following label to documents containing
such information: "CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER." For Protectable Information stored in a medium
that makes such stamping impracticable (such as computer
data), the casing, housing, and/or accompanying letter
producing that information shall be stamped or otherwise
indicate that the media is "CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER." Portions of depositions, sworn
statements, or other discovery responses containing
Protectable Information shall be subject to this order if,
within 14 days of the transcription of such information, a
counsel for a party (1) identifies these portions by page
number, and where applicable line, paragraph, or response
number, as "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER,
" and (2) provides notice to all persons in known
custody of such information of such designation. All
Protectable Information designated as "CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER" as well as information
copied or derived therefrom constitutes "Protected
Information" for purposes of this order. Information
that a party has previously disclosed publicly generally
should not be protected by that party under this Protective
Order. Should the non-producing party identify information
designated as "CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER" that it believes is public in nature such that
the Protective Order should not apply, the non-producing
party should bring that to the attention of the producing
party and meet-and-confer before seeking relief from the
Failure to Designate.
failure to designate information as Protected Information
shall not constitute a waiver of an assertion by the party
producing the Protectable Information that the Protectable
Information may later be subject to this order.
Restrictions on the Disclosure of Protected
information may be disclosed only to "Qualified
Recipients, " who consist of (a) this Court and/or any
appellate or other tribunal responsible for adjudicating
claims related to this action, including their respective
personnel, as well as court reporters; (b) counsel for the
parties, including agency counsel for defendants; (c)
personnel regularly in the employ of counsel for the parties
who have a need for the Protected Information in the
performance of their duties in conjunction with this action;
(d) parties to this action who have a need to review the
Protected Information for the purposes of this case; (e)
consultants and expert witnesses consulted, retained, or
hired by any party to this litigation, only to the extent
that they require Protected Information to elicit their
expert report, opinion, testimony, and/or consultation
regarding this litigation.
Permissible Uses of Protected Information.
recipients shall use Protected Information received from
another party or entity only for purposes of this litigation
and shall not disclose Protected Information except as
provided in paragraph 4. A party will not be restricted in
its use or dissemination of the Protected Information that it
produces in this case.
Agreement to Be Bound by Protective Order.
receiving any Protected Information, Qualified Recipients,
except those identified in sections (a) and (b) of paragraph
4 above, shall execute a copy of the Agreement to Be Bound by
Protective Order in the form attached hereto (the
"Agreement Form"). Counsel for the parties who
received Protective Information from another party or entity
shall maintain executed Agreement Forms for each person
receiving Protected Information. Upon ...