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Elliott v. Smith

United States District Court, D. Idaho

October 20, 2016

CHANCE and TIFFANY ELLIOTT, as husband and wife, and as natural parents of AUGUST DEAN ELLIOTT, a minor child, deceased, Plaintiffs,
v.
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 CONFIDENTIAL INFORMATION

          B. Lynn Winmill Chief District Judge United States District Court

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED:

         1. That this Protective Order governs the use of Protected Material, as defined herein, by the parties in this case.

         2. In 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.

         4. That 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

         5. That 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.

         6. That 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.

         7. That 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.

         8. Each 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.

         9. Upon 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 ...


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