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Woodruff v. Ohio Department of Transportation

United States District Court, S.D. Ohio, Western Division

September 23, 2019

KENNY WOODRUFF Plaintiff,
v.
OHIO DEPARTMENT OF TRANSPORTATION, Defendant.

          SUSAN J. DLOTT, JUDGE.

          MARC MEZIBOV (0019316) BRIAN BUTLER (0082675) DANIEL J. TREADAWAY (0098000) MEZIBOV BUTLER Counsel for Plaintiff.

          ANNA M. SEIDENSTICKER (0046761) Trial Counsel Principal Assistant Attorney General COLLEEN KOEHLER (0090728) Associate Assistant Attorney General Employment Law Section Counsel for Defendant.

         STIPULATED PROTECTIVE ORDER AND ORDER FOR RELEASE OF DISCOVERABLE MATERIALS OTHERWISE COVERED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT AND THE FEDERAL DRUG AND ALCOHOL TESTING REQUIREMENTS AND CLEARINGHOUSE FOR COMMERCIAL DRIVER'S LICENSES

          KAREN L. LITKOVITZ, MAGISTRATE JUDGE.

         The parties expect the disclosure of documents in this case to involve the exchange of sensitive information, including, inter alia, medical information, personally identifying information that may be covered by the Health Insurance Portability and Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration's Commercial Driver's License Drug and Alcohol Testing and Clearinghouse, 49 CFR Parts 382, 383, 384, and 391, or other federal or state law or regulations. In order to permit discovery, the parties stipulate and agree to, and the Court finds good cause for, entry of a Protective Order and Order for Release of discoverable materials otherwise protected by HIPAA, or other law or regulation pursuant to Federal Rule of Civil Procedure 26(c).

         It is hereby ordered that:

         1. Scope.

         All documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order concerning confidential information as set forth below. The Order is also subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Form and Timing of Designation.

         A party may designate documents as confidential and restricted from disclosure under this Order by placing or affixing the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. Inadvertent failure to designate a document as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER may be corrected by supplemental written notice given as soon as practicable. The designation "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

         3. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         Any party may designate documents as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, education records, or such other sensitive information that is not publicly available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. If nonconfidential information is contained in or otherwise derived from confidential materials, any portion that consists solely of non-confidential information shall not be confidential for purposes of this Order.

         4. Depositions.

         Deposition testimony shall be deemed CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER only if designated as such. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER. Counsel for any party in this case may designate deposition testimony or any portion of deposition testimony as confidential by advising the court reporter and counsel of such designation during the course of the deposition. Thereafter, the deposition transcripts and any of those portions so designated shall be protected as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this Order.

         5. Medical Information.

         The parties shall treat as confidential any information related to the medical condition, history and/or treatment of any person identified by the parties as having information relevant to this litigation, regardless of the method by which such information was obtained and regardless of whether such information has been disclosed in any manner prior to the date of this Order. Without limiting the foregoing, any of the parties' discovery requests or responses that reference, contain, or attach information or documents related to such medical condition, history and/or treatment are hereby designated as confidential and subject to the provisions of this Order. The fact that such information is not marked as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or that it was received by a third party or disclosed prior to the entry of this Protective Order shall not alter the parties' obligations under this paragraph.

         6. Protection of Confidential Material.

         a. General Protections.

         Documents designated CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶ 6(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action including any appeals.

         b. Limited Third-Party Disclosures.

         The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents to any third person or entity except as set forth in subparagraphs (i)-(vii). Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER:

         i. Counsel.

         Counsel for the parties and employees and agents of counsel who have responsibility for the preparation and trial of the action;

         ii. ...


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