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Diaz v. Hartford Board of Education

Superior Court of Connecticut, Judicial District of New Haven, New Haven

February 23, 2017



         Plaintiff and Defendants (hereinafter referred to together as " the parties"), stipulate and agree that the procedures set forth below shall govern the use of any confidential documents and information (as defined below) disclosed in connection with pre-trial discovery or any pre-trial evidentiary hearings in this matter.

         1. Either party may designate any information or document as confidential if the party determines, in good faith, that such designation is necessary to protect the interest of the client. " Confidential information or documents" may be referred to collectively as " Confidential Information." The parties anticipate that (without limitation) the following documents and information shall be subject to the terms of this Stipulated Protective Order, but such designation shall not be construed as an admission by either party that any such documents and information are confidential pursuant to applicable law:

a. all medical information about and records of the parties (or any witnesses), including the notes, records and reports of Psychologists, psychiatrists, social workers, mental health providers and all other health care practitioners;

b. any financial information about and records of the parties;

c. any criminal information about and records of the parties (or any witnesses);

d. all information or records of a sexual nature pertaining to the parties (or any witnesses);

e. all information or records of drug or alcohol use or related activities pertaining to the parties (or any witnesses).

f. all information contained in the educational records of any party (or any witnesses), including any records associated with the provision of special education services.

         Confidential Information shall include any portions of any written discovery responses or deposition transcripts in which such documents or information are referred to, discussed or attached as exhibits.

         2. Information and documents designated by a party as confidential will be labeled " CONFIDENTIAL." Any material not so designated may later be so designated by agreement of the parties or by written application to the Court.

         3. Unless ordered by the Court, or otherwise provided for herein, the Confidential Information disclosed will be held and used by the party receiving such information solely in connection with this action.

         4. In the event a party challenges another party's confidential designation, counsel shall make a good faith effort to resolve the dispute in accordance with the Connecticut Practice Book, and in the absence of a resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this Protective Order operates to create an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party specifically reserves the right to object to the use or admissibility of all Confidential Information disclosed, in accordance with applicable law and Court rules. Nothing in this Protective Order shall be construed to waive or prejudice the right of any party to offer into evidence any Confidential Information at any hearing or at trial, subject to the ability of the non-moving party to make objections to the admissibility of such Confidential Information and/or to seek further protection from the Court prior to such Confidential Information being disclosed.

         5. Confidential Information shall not be disclosed to any person, except:

a. The parties in this case and their counsel;

b. Employees of such counsel assigned to and necessary to assist in the litigation as well as duplicating services routinely engaged by the parties;

c. Current and/or former employees of the Hartford Board of Education with a business need to know;

d. Consultants or experts or investigators to the extent deemed reasonable and necessary by the parties;

e. Any person from whom testimony is taken or is to be taken in this action, except that such a person may only be shown that Confidential Information during and in preparation for his/her testimony and may not retain the confidential information;

f. Witnesses or potential witnesses to whom disclosure of documents or information is reasonably necessary in order to represent the parties in this action;

g. The Court or the jury at trial or as exhibits to motions; and

h. Any court reporter or court personnel in his/her official capacity at any hearing, deposition, or other proceeding in this action.

i. Any insurance representatives, Insurance Guaranty Association representatives and/or claims handlers of the parties or their counsel for purposes related to this litigation or any related coverage actions.

         6. Prior to disclosing or displaying the Confidential Information to any person, counsel shall:

a. inform the person of the confidential nature of the information or documents; and

b. inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

         7. The Confidential Information may be displayed to and discussed with the persons identified in Paragraphs 5(d) and (e) and (f) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court.

         8. Prior to the disclosure of any Confidential Information in any papers to be filed in Court, counsel for the party who proposes to make the disclosure shall notify opposing counsel and shall confer with opposing counsel regarding whether a motion to the Court shall be made to file such materials under seal. This Stipulated Protective Order does not provide for the automatic sealing of such documents.

         9. At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than forty-five (45) days after entry of final judgment or settlement) returned to the producing party or certified as destroyed. Notwithstanding the foregoing, the parties may retain all briefs, pleadings, or other filings with the Court or attorney work-product that incorporate or disclose Confidential Information, and the parties shall continue to be bound by the terms of this Order with respect to such Confidential ...

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