United States District Court, D. Idaho
CHANCE and TIFFANY ELLIOTT, as husband and wife, and as natural parents of AUGUST DEAN ELLIOTT, a minor child, deceased, Plaintiffs,
JEFFREY SMITH, R.N., AYA HEALTHCARE, INC. and/or AYA HEALTHCARE SERVICES, INC., JOHN DOE and JANE DOE, husband and wife, I through X, and BUSINESS ENTITIES, I through X, Defendants.
PROTECTIVE ORDER TO RESTRICT DISSEMINATION OF
Lynn Winmill Chief District Judge United States District
to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS
this Protective Order governs the use of Protected Material,
as defined herein, by the parties in this case.
this Protective Order, the term "Protected
Material" shall mean information designated as
confidential pursuant to this Protective Order. The party or
nonparty requesting information be marked as confidential
shall be identified as the "Designator." 3. That
the Designator has designated, or may designate, as
"Protected Material, " information, not known or
available to the public, which constitutes trade secrets or
proprietary, confidential, or commercial information,
including information related to confidential settlements
reached by or among the parties and non-parties.
the Protected Material shall be marked by the placement of an
appropriate stamp, sticker, or other indicia in substantially
the following form:
CONFIDENTIAL See Protective Order Elliott v. Smith, et
al. Case No. 1:16-cv-00388-BLW
a party shall only use the Protected Material that is
disclosed or produced by another party or by a non-party
solely in respect to this case.
the protections conferred by this Protective Order cover not
only the Protected Material, but also (a) any information
copied or extracted from the Protected Material; (b) all
copies, excerpts, summaries, or compilations of the Protected
Material; and (c) any testimony, conversations, or
presentations by the parties or their counsel that might
reveal information contained in the Protected Material.
such Protected Material shall only be disclosed to:
(a) a party and that party's attorney provided that they
execute a stipulation to comply with this Protective Order,
and any other person who has executed a stipulation to comply
with this Protective Order who is assisting such attorney for
whom access to confidential information is necessary to
perform a duty with respect to this case. The execution of a
stipulation to comply with this Protective Order by any
member of a law firm shall constitute a representation that
all persons in or employed by that firm shall observe this
Protective Order and shall satisfy the requirement that such
persons sign a stipulation to comply with the Protective
Order prior to obtaining Protected Material; provided,
however, that experts, consultants, and other persons who are
not employed by a party's attorney or the law firm
representing a party and who are retained to assist a party
or a party's attorney in this matter must sign a
stipulation to comply with the Protective Order.
(b) The Court and its personnel.
(c) Court reporters retained to record and transcribe
testimony in this case.
party and their counsel must store the Protected Material in
a secure i manner that ensures that access is limited to the
persons authorized under this Protective Order.
final disposition of this litigation, whether by settlement
or final judgment, the originals and all copies of the
Protected Material, as well as any originals or copies of
discovery responses, pleadings, or other documents referring
to the contents of the Protected Material, shall ...