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Black v. City of Warner Robins

United States District Court, M.D. Georgia, Macon Division

December 26, 2019

KIMBERLY BLACK, Plaintiff,
v.
CITY OF WARNER ROBINS, et al., Defendants.

          ORDER

          MARC T. TREADWELL, JUDGE

         THE COURT ALERTS THE PARTIES THAT IT HAS ADDED A FINAL PARAGRAPH TO THIS PROTECTIVE ORDER THAT WAS NOT INCLUDED IN THE STIPULATED ORDER SUBMITTED TO THE COURT.

         The Parties to this action hereby request the Court to enter a Protective Order with respect to certain documents and information to be provided in discovery. Doc. 23. In particular, the Parties anticipate that discovery may require disclosure by the Parties or by non-parties of private, confidential, and sensitive information.

         Pursuant to this request and in accordance with the agreement of the Parties, it is hereby ORDERED that the following provisions shall govern the conduct of discovery in this action:

         1. “Confidential Information” as used herein, means any information that is designated as “Confidential” by any party whether it be a document, information contained in a document, information revealed at a deposition, information revealed in an interrogatory answer, or otherwise. Documents and information to be marked as “Confidential” include, but shall not be limited to: (1) medical records and information relating to Plaintiff or other current or former employees of Defendant City of Warner Robins; and (2) personal or private information contained within files or records maintained by Defendant City of Warner Robins pertaining to current and former employees.

         2. Confidential Information produced shall be used solely for purposes of this litigation and any appeal proceedings, for no other purpose or litigation whatsoever, and shall not be disclosed to any non-party except in accordance with the terms of this Order or pursuant to a legally enforceable subpoena.

         3. Confidential Information and information derived therefrom may only be disclosed or made available to the following persons who shall be designated as “Qualified Persons”:

(a) Plaintiff or Defendants and their respective attorneys, and employees of such attorneys to whom it is necessary that such information be disclosed for purposes of this litigation;
(b) Actual or potential deponents or witnesses, but only to the extent there is a legitimate need for such disclosure;
(c) Independent investigators, experts and/or consultants, retained by the parties in preparation of this case, to whom it is necessary that the information be shown for the purposes of this litigation;
(d) The Court, its employees and agents, court reporters and their agents in depositions, hearings, or trial in this action to whom it is necessary that information be disclosed for purposes of this litigation;
(e) Mediators or similar outside persons and their staffs, enlisted by the Parties to assist in the resolution of this matter; and (f) Any other person designated by this Court, after notice and hearing, or designated by written agreement of the Parties.

         4. In the event that a party believes there is a legitimate need to disclose Confidential Information to persons other than “Qualified Persons, ” the Parties shall confer and attempt to resolve the issue in good faith. In the event the Parties cannot reach an agreement, any party may bring before the Court the question of whether good cause for allowing the requested disclosure exists.

         5. Qualified Persons shall not disclose, discuss, or otherwise reveal, directly or indirectly, Confidential Information to persons other than Qualified Persons nor shall Qualified ...


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