Sample Protective
Order
EQUAL EMPLOYMENT
________________________________
IN THE MATTER OF: ] Current
EEO File No.:
] EEOC 123-45-6789X
Ive Ben
Wronged, ]
]
Complainant, ]
]
vs. ]
] AGENCY #1-H-234-4567-89
Daniel Glickman, ]
Secretary, Department of Agriculture, ] OFO
Appeal #01234567
]
Agency. ]
PROTECTIVE ORDER
The
parties hereto having stipulated to the entry of a Protective Order under 29
CFR 1614 et seq and Rule
26(c) of the Federal Rules of Civil Procedure and it appearing that such an
Order is necessary and appropriate and will facilitate discovery, IT IS HEREBY
ORDERED THAT:
Complainant
may designate as “confidential” any documents, responses, electronic data,
transcripts, or other information, including Responses to Discovery
(hereinafter, “Confidential Information”)
that is produced to the Agency which:
1.
Related to health
and/or medical issues (whether those of Complainant or others);
2.
Relate to Complainant’s
children and their school schedule(s); and
3.
Similar material
All
Confidential Information produced by Complainant and/or his treating medical
sources are confidential and shall be subject to the provisions of this Order.
Documents and information
designated Confidential Information in accordance with this Order shall be used
solely for the purpose of this action or appeal, and those documents and
information, and any information contained therein or reasonably inferred therefrom, shall not be disclosed to any person other than
(a) counsel of record to this Order; (b) the Administrative Judge; (c) a
medical expert retained by the Agency and (d) the EEOC’s
Office of Federal Operations. Confidential Information disclosed to any such
person shall not be disclosed by him/her to any other person not included
within the foregoing subparagraphs (a) through (c) of this paragraph. No such documents or information designated
as confidential pursuant to this Order shall be used by any such person for any
purpose other than for the preparation or trial of this action.
Within
twenty-one days after final termination of this action, including any appeals,
the Agency shall (a) return to opposing counsel all originals and copies of
confidential documents or documents reflecting Confidential Information and any
Confidential Information and (b) certify in writing that the provisions of this
paragraph have been complied with.
Any
document, exhibit, or transcript designated Confidential Information in
accordance with this Order, and which is otherwise admissible, may be used at
trial, provided, however, that the parties agree that they will work with the
Court to identify trial procedures, such as filing under seal and/or in camera
reviews, that will protect and maintain the private nature of highly sensitive
information. If filed under seal, the
protected information will nevertheless be accessible to the EEOC Office of
Federal Operations.
Nothing
contained in this Order, nor any action taken in compliance with it, shall operate as an admission or assertion by any
witness or person or entity producing documents that any particular document or
information is, or is not, admissible into evidence.
Nothing
herein constitutes or may be interpreted as a waiver by any party of the
attorney-client privilege, attorney work product protection, doctor-patient
privilege or any other privilege.
Nothing
in this Order shall prevent any party from using or disclosing their own documents
or information, regardless of whether they are designated confidential.
IT
IS SO ORDERED:
________________________________
Administrative Judge Samuel Teitelman
AGREED
TO:
_________________________ ________________________
Michael
J. Snider, Esq. Sam
Shelton, Esq.
Snider
& Associates, LLC
Attorney
for Complainant Attorney
for the Agency