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Didier v. Abbott Laboratories

United States District Court, Tenth Circuit

April 26, 2013

JEREMY DIDIER, Plaintiff,
v.
ABBOTT LABORATORIES, ABBOTT LABORATORIES, INC., ABBOTT PRODUCTS, INC. and ABBVIE, INC. Defendants.

STIPULATED PROTECTIVE ORDER

JAMES P. O'HARA, Magistrate Judge.

Defendants Abbott Laboratories, Abbott Laboratories Inc., Abbott Products, Inc. and AbbVie Inc. ("Defendants") and Plaintiff Jeremy Didier ("Plaintiff") (collectively, "the parties") agree that discovery in this matter should be conducted pursuant to a protective order to protect confidential, proprietary and/or trade secret business information, and/or confidential financial and personnel or client-specific information. This is a single-plaintiff employment matter in which the plaintiff has alleged Title VII sex/gender discrimination, religious discrimination, retaliation, and FMLA interference and retaliation. Plaintiff's employment was terminated after an investigation concluded that Plaintiff violated the Code of Conduct due to her expense reporting practices. In Plaintiff's R26(a)(1) Initial Disclosures, Plaintiff has indicated that discovery is needed on, among other things, specific expense reports belonging to Plaintiff and to other District Managers employed by AbbVie Inc.; performance reviews of other District Managers employed by AbbVie Inc., the investigation into Plaintiff's expense reporting practices; and documents regarding Plaintiff's intermittent FMLA leave. The confidential, proprietary, and/or trade secret business information, including business practices; internal policies; Plaintiff's medical leave records; compensation records; financial records; personnel records, including performance reviews; and other confidential and sensitive information about current and former employees are subject to protection for good cause. Further the financial and/or personnel records of the current and former employees and the financial records of Defendants constitute sensitive and confidential information subject to protection for good cause pursuant to Fed.R.Civ.P. 26(c) (2).

To expedite the flow of discovery material, facilitate the prompt resolution of disputes over claims of confidentiality, provide adequate protection for material deemed confidential, and ensure that protection is afforded only to such deemed material, upon the joint stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED:

1. Confidential Information. Plaintiff and Defendants agree that certain documents and information, if produced or disclosed in this litigation, should be treated as confidential. As used in this Order the term "CONFIDENTIAL INFORMATION" shall be applicable to:

(a) Proprietary information constituting Defendant's trade secrets and know-how;

(b) Proprietary information belonging to Defendants, such as internal codes, policies, and procedures that are not available to the public and information disclosing Defendants' internal operations that is not available to its competitors;

(c) Defendants' financial information including net worth and tax records;

(d) Any customer, licensee, supplier and vendor information; pricing, cost and other financial or marketing information; information relating to the processes, apparatus or analytical techniques to be used by a party for its proposed commercial production of products; and any other information as agreed to by the parties that a party believes in good faith could be used by a competitor to harm its business;

(e) Communications made in confidence between employees of Defendants and the Human Resources Department or Office of Ethics and Compliance, or related employees;

(f) Medical or health-related information; compensation information; personnel information including disciplinary actions and performance ratings; and personal identifying information, including but not limited to the home addresses, telephone numbers, financial account numbers, and social security numbers of past or present employees of Defendants; and

(g) Financial, compensation, employment, benefits, and tax documents, including paystubs, and medical or health-related information belonging to Plaintiff or Plaintiff's dependents.

All of the foregoing information, as well as documents, designated portions of deposition testimony, and responses to interrogatories, requests for admissions, or requests for production of documents concerning the above-described CONFIDENTIAL INFORMATION may be designated as Confidential.

2. Designating Documents and Information as Confidential. Any party to this action may designate as "Confidential Information" documents and responses to interrogatories, requests for admissions, or requests for production of documents produced after entry of this Order by stamping or labeling the documents or responses with the word "Confidential." Documents or responses shall not be treated as confidential pursuant to this Order unless they are stamped or labeled as "Confidential." The inadvertent failure to designate material as "Confidential" does not preclude a party from subsequently making such a designation, and, in that case, the material is treated as confidential only after being properly designated, pursuant to paragraph 6 herein. Unless otherwise ordered by the Court or stipulated by the parties, only documents, responses to interrogatories, requests for admissions, requests for production of documents, or testimony relating to the subjects enumerated in paragraph 1 may be designated as Confidential Information. For purposes of this Protective Order, the term "document" shall include all discovery materials, such as interrogatories, requests for admission, document requests, responses to the foregoing, affidavits, or other materials produced or provided in discovery. Documents and other discovery materials designated CONFIDENTIAL, as well as all materials which quote from or are based upon such material (including, but not limited to briefs) shall be subject to the provisions of this Order.

3. Designating Deposition Testimony as Confidential. Any party to and deponent in this action may designate deposition testimony relating to the subjects enumerated in paragraph 1 above as "Confidential Information" by advising counsel of record by letter or e-mail within fourteen days after receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. All deposition testimony shall be deemed confidential for a period of fourteen days after counsel's receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. Alternatively, any party may, on the record at the deposition, designate deposition testimony as confidential by advising all persons present at the deposition that the information is confidential and subject to this Order. If no party or deponent timely designates Confidential Information in a deposition or via letter or e-mail after receiving a transcript, then none of the transcript or its exhibits (other than those previously designated) will be treated as confidential. There shall be no need to re-designate documents or exhibits which have been previously designated as confidential.

4. Limited Disclosure of Confidential Information. All documents, testimony and other materials, or portions thereof, designated as CONFIDENTIAL under this Protective Order and the contents of all such materials, as well as any duplicates, notes, memoranda and other documents referring in whole or in part to such CONFIDENTIAL INFORMATION, shall be maintained in the strictest confidence by any counsel or parties receiving the same. Such information shall not be disclosed to any person for any purpose ...


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