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Case 8:12-cv-00568-SDM-MAP Document 93

Filed 07/24/12 Page 1 of 9 PageID 1047

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

TAMPA DIVSION
CHANDA HUGHES, as guardian and on behalf of lB., a minor; BRENDA SHEFFIELD, as
guardian and on behalf of J.D., a minor;

VIOLENE JEAN-PIERR, as guardian and on
behalf ofF.J.P., a minor; MICHELLE MINOR, as guardian and on behalf of J.P., a minor; LISA

JOBE, as guardian and on behalf of K.J., a
minor; AMY GAGE, as guardian and on behalf of B.G., a minor; CRYSTAL CUYLER, as
guardian and on behalf of D.M., a minor;

NIKYTA MATTWS, as guardian and on
behalfofK.G., a minor; and ANITA NAVA, as
guardian and on behalf of A.H., a minor; on

behalf of themselves and all others similarly situated,

Case No.8: l2-cv-00568-SDM-MA
Plaintiffs,
v.

GRAY JUDD, Polk County Sheriff, in his offcial capacity; and CORION HEALTH,
INC.,

Defendants.

I

STIPULATED PROTECTI ORDER
UPON AGREEMENT OF THE PARTIES, by and through their counsel of record, in
order to expedite discovery and protect against the disclosure of confidential information

including, but not linuted to, the security of the Defendant's DetentionFacilty, and Plaintiffs'
and other third paries' privacy concerns, the parties stipulate and the Court hereby ORDERS' as
follows:

WHEREAS, it is anticipated that the parties shall be producing documents and other
infoimation during the discovery and settlement phases of this action;
00159434.2

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Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 2 of 9 PageID 1048 WHEREAS. or may otherwise refer to confidential and proprietary infonnationj WHEREAS. WHEREAS. it is anticipated that some of those documents and some of the infoimation wil be regarded as proprietary and confidential by the producing party. it is anticipated that pleadings and discovery papers in this matter may include reference to documents regarded as confdential and proprietary by the party producing them. which have been designated by the producing paity as comprising or containing confidential or secret information which the producing party does not wish to become known to the public generally. WHEREAS. it is anticipated that deposition testimony in this matter may include reference to documents regarded as confidential and proprietary by the party producing them or otherwise refer to confdential and proprietary infonnation. it is anticipated that some of those documents wil contain information that involves privacy and HIP AA concerns of third patties. and WHEREAS.2 Page 2 of9 . on motion by the paities. 00169434. This Order shall govern all materials. or may contain information of a private nature of third paries. it is hereby ORDERED as follows: 1. including all documents and information produced to any party in this action whether furnshed by a party or third party regardless of whether produced informally or pursuant to a formal discovery request. Scope of Order. Rule 26 ( c) of the Federal Rules of Civil Procedure provides for entry of a protective order such as is contained here: ACCORDINGLY. Control and distribution of all discovery materials covered by this Order shall be the responsibilty of the attoineys of record. the protection stipulated to by the paries is appropriate for protecting the fairness ofthe judicial and discovery process. WHEREAS.

by stamping. A party may designate any documents. or other potentially confidential. A party not objecting to such designation at the deposition does not waive its objection. In the event that 0015943. layouts. Confidentiallnformatioll. the parties agree that all such information shall be treated as confidential in accordance with the terms of this Stipulation and Order. counsel for either part may note on the record that testimony is confidential. with all such testimony therein designated treated as confidential in accordance with the terms of this Stipulation and Order. maps. A party shall not be obligated to challenge the propriety of a designation of infonnation as CONFIDENTIAL INFORMTION at the time made. Upon the production of any documents with the appropriate marking. juvenile information. privileged or proprietary. The part designating infonnation as CONFIDENTIAL INORMATION shall make such designation only as to that information which it reasonably believes is confidential or secret information.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 3 of 9 PageID 1049 2. Challenging Designation. photos. privileged or proprietary information. law enforcement information. 3. video. which might include without limitation. Likewise. floor plans. 4. descriptions. The parties wil endeavor to identify at the time of production or as soon thereafter as is practical any such documents which the parties desire to be treated as confidential. Depositons. privileged or proprietary. markig or designating said documents as (¡confidential" or some other similar designation.2 Page 3 of9 . and a failure to do so shall not preclude a subsequent challenge thereto. medical information. but may pursue a reclassification of the deposition pursuant to the terms of this Order at any time after receiving the transcript of the deposition. and other infoimation furnished or disclosed to another party or its counsel durIng discovery or trial as "CONFIDENTIAL INFORMTION II by so marking in the case of documents. testimony. at any time during depositions in this matter. diagrams. schematics.

confidential. c. b. or secret infomiation or otheiwise appropriately designated in accordance with this Stipulation and Order. This Order shall be without prejudice to any paity to bring before the Court at any time the question of whether any pai1icu(ar information is or is not. Except with prior written consent of counselor by Order of the Court. management and production particularly in an ESI context.2 Page 4 of9 . Employees of such counsel assigned to assist in this action. and 00159434. including administrative staff and technical support including third party vendors involved in document collection. d. and any party may seek an Order of this Court modifying this Agreed Protective Order. confidential documents or testimony may be disclosed only to the following persons (hereinafter referred to as qualified persons): a. the parties shall try to resolve such dispute in good faith on an informal basis. Independent experts and consultants retained by a party whose assistance is deemed necessary by such party's counsel for the prosecution of this action and employees of such expert and consultants necessary to assist such persons in performing their duties. Exceptions to this Order may be made by agreement of all the parties. S. staff and/or videographers utilzed in the depositions conducted in this case. in fact.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 4 of 9 PageID 1050 any party to this suit objects at any stage of these proceedings to the designation by another party of any infonnation as CONFIDENTIAL INFORMATION. The parties and Counsel for the parties to this action. proprietary. If the dispute cannot be resolved. Any and all court reporters. the objecting party may seek appropriate relief from the Court.

the inteniet. 7.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 5 of 9 PageID 1051 e. duplicates. Moreover. discussing. all qualified persons having access to any designated documents or testimony subject to this Stipulation and Order must be shown a copy of it and must agree to be bound by it. lists or summaries of any documents or testimony so designated as "CONFIDENTIAL INFORMTION" pursuant to the teims of this Stipulation and Order to any person or entity that is not a qualified person. disseminating. None of the documents or testimony designated as "CONFIDENTIA INFORMATION" and subject to this Stipulation and Order shall be used by or for the benefit of any patty to whom it is produced. the parties shall not disclose the title. showing. In the event that any designated documents or testimony subject to this Stipulation and Order or the information contained therein is disclosed in any pleading. Any deposition transcript or exhibit that includes designated documents or 00159434. or by or for the benefit of any person to whom it is revealed. With the exception of the Court. 9. abstracts. Except as otherwise provided by this Stipulation and Order. 6. corresponding about. The Court and its administrative personnel or any court asked to enforce this Order. disclosed or described other than for purposes of the litigation of this action. such document shall be fied under seal with a Motion to the Court at the time of fiing or as soon thereafter as is practical askig that such documents remain under seaL. reproductions.2 Page 50f9 . the patties are prohibited from distributing. 8. motion. 01' providing photocopies. nor shall they be published via any medium. including. but not limited to. disposition or other paper to be fied with the Couit. heading or content of any designated documents or testimony subject to this Stipulation and Order to any person or entity that is not a qualified person.

12. testimony or information shall be made by the offelIng party. or by any judicial. goveinment.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 6 of 9 PageID 1052 testimony subject to this Stipulation and Order or the infoimation contained therein shall be likewise subject to the terms and provisions of this Stipulation and Order. During the trial of this case. Nothing herein shall prevent any counsel of record from utilzing CONFIDENTIAL INFORMATION in the examination or cross-examination of any person who (i) is alleged to be or has claimed to be the author or source of the CONFIDENTIAL INFORMTION. however. Any paity may move the COUlt for an order that the evidence be received in. or adnunistrative body's law. 11. or administrative body under any law. Nothing in this Stipulation and Order shall prevent. provided. in which case the disclosing part shall give such notice by telephone and facsimile as soon as practical. if any party seeks to introduce into evidence designated documents or testimony subject to this Stipulation and Order or the information contained therein. to. or (ii) was previously provided with such information by the paity that produced such information. govenimental. disclosure as required by law. regulation or order requires disclosure sooner. an appropiiate request of the Court to protect against the dissemination of such documents. but in any event before any disclosure is made. that the party being required to disclose CONFIDENTIA INFORMATION shall give ten (lO) business days prior written notice of such disclosure by facsimile or by overnight mail to the party that provided such CONFIDENTIAL INFORMATION addressed to the attorneys of record for such party or paries unless the judicial. regulation. In the event of any inadvertent disclosure of designated documents or 001694342 Page 60f9 . Inadvertent disclosure does not constitute a waiver of the terms and provisions of this Stipulation and Order. or order.camera or under other conditions to prevent unnecessary disclosure.

heirs. subsidiaries.2 Page 7 of 9 . Nothing contained herein shall be deemed to have the effect of an admission or waiver by any paity or of altering the confidentiality or non-confidentiality of any document and information. divisions. their attorneys and expert for enforcement of the provisions of this Stipulation and Order following the termination of the litigation. the Court shall retain jurisdiction over the parties. 14. Either pary shall have the right to oppose the production of any information for any proper reason.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 7 of 9 PageID 1053 testimony subject to this Stipulation and Order or the infoimation contained therein. This Stipulation and Order shall be binding upon the parties. testimony and/or information disclosed. All designated documents or testimony subject to this Stipulation and Order shall be appropriately disposed of such that the documents. and the dates 011 which the inadvertent disclosure was made and discovered. serve written notice on the parties. the provisions of this Stipulation and Order shall continue to be binding. 00159434. l5. and upon their expert. their attomeys.aiid the confidentiality thereof is maintained. l6. personal representatives and adminstrators. After tennination of this litigation. testimony or the information contained therein is destroyed. the party responsible for the disclosure must. agents. withi ten (10) days of discovering the inadvertent disclosure. employees. they shall be peimanently deleted upon termination of this litigation. 13. executors. successors. This Stipulation and Order is without prejudice to the iight of any party to seek a modification hereof. legal representatives assigns. The notice shall specify with particularity the documents. If confidential documents are stored electronically on a computer or hard drive or other electronic device. independent contractors or other persons or organizations over which they have control.

18. The Clerk of the Court is directed to maintain under seal all documents and transcripts of deposition testimony filed in this action and which have been designated in whole or in part as confidential pursuant to this Stipulation and Order. The signature of counsel below constitutes their agreement. on behalf of themselves. unless the Court otherwise orders. their law firms and the parties they represent to be bound by the teims of this Agreed Protective Order.2 Page 8 of9 . SIGNATURE PAGE FOLLOWS 00159434.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 8 of 9 PageID 1054 17.

69033 Post Offce Box 370037 Miami. El~ELAN. LLP GROWER. TELAN Florida Bar No. 041517 Sabadell Financial Center l1ll Brickell Avenue. 619221 ~rj~ TAMYO & ARDA. JEANELLE G. Box 538065 Orlando. O.6l6. C MPBELL Florida Bar No. 988324 WILLIAM T. Suite 1700 RAON VAZQUEZ Florida BarNo.9545 407. MIR HASKELL Florida Bar No. 51115 Post Office Box 2369 Lakeland. 097136 ANGELA VIGIL Florida Bar No.A. 1986274 P. CORION 0015943. FL 33806-2369 863. P.2 Page 90f9 . 038627 cj'~ HEALTH.Case 8:12-cv-00568-SDM-MAP Document 93 Filed 07/24/12 Page 9 of 9 PageID 1055 SOUTHERN POVERTY LAW CENTER VALENTI CAMPBELL TROHN TANIA GALLONI Florida Bar No. 880558 ROBERT I ARANDA Florida Bar No. TROHN Florida Bar No.423.425. BRONSON DONALD J. KETCHAM.P.7104 (Fax) Miami. INC. HAY N Florida Bar No. FL 33137 Attomeys for PLAINTIFFS HANK B.0043 863. MAOUNAS Florida Bar No.l445 (Fax) Attomeys for Defendant. McKILEY Florida Bar No. FL 33131 Attomeys for PLAINTIFFS Attorneys for Defendant. RUTHERFORD. BRO~ Florida Bar No. 266337 PATRICKH. Florida 32853-8065 407. 973874 JOSEPH A. 434515 JONATHAN B. GRAY JUDD BAKER & McKENZIE.A.686.