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Aguirre v. Correction Corporation of America

United States District Court, D. New Mexico

August 21, 2018

CHRISTOPHER AGUIRRE, Plaintiff,
v.
CORRECTION CORPORATION OF AMERICA, et al., Defendants.

          PROTECTIVE AGREEMENT AND ORDER

          CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on the parties' Joint Motion for Protective Order, (Doc. 42), filed August 15, 2018. Upon joint motion by the parties and pursuant to the terms of the following Protective Agreement (“Agreement”), the Court hereby enters the this Protective Order.

         1. For purposes of this Agreement, CONFIDENTIAL INFORMATION means any document or tangible thing, electronic recording or transcript of oral testimony, whether or not made under oath, and the content of such document, thing, recording, or transcript, designated by any party as confidential because it contains: (1) proprietary information (trade secret, proprietary matter, or other confidential research, development, or commercial information as those terms are used in Fed.R.Civ.P. 26); (2) confidential personal information related to current or former employees of Corrections Corporation of America AKA CoreCivic (hereafter “CoreCivic”) or TransCor America (hereafter “TransCor”), the disclosure of which might invade those current or former employees' privacy; (3) documents containing financial, pricing, or contractual information, unless they are already public records; (4) security sensitive information related to the operation of any CoreCivic facility, TransCor transport vehicle, Federal Bureau of Prisons (“BOP”) facility, or United States Marshals Service (“USMS”) facility; and (5) confidential information relating to or identifying current or former inmates or detainees (other than Christopher Aguirre), the disclosure of which might invade those inmates/detainees' privacy. CONFIDENTIAL INFORMATION is specifically intended to include, but is not limited to: (1) CoreCivic's policies and procedures, unless they are already public records; (2) TransCor's policies and procedures, unless they are already public records; (3) BOP and/or USMS's non-publicly available restricted policies and procedures, to the extent, if any, they apply to Plaintiff's claims; (4) CoreCivic's and/or TransCor's training materials, information, and documents, unless they are already public records, BOP's non-publicly available training documents, and USMS's non-publicly available training documents; (5) Post Orders, unless they are already public records; (6) CoreCivic's and/or TransCor's investigative materials, to the extent, if any, they apply to Plaintiff's claims, unless they are already public records; (7) grievance logs, unless they are already public records; (8) facility diagrams, including information related to placement of security cameras, unless they are already public records; (9) bonus and/or financial information, unless they are already public records; and (10) any of CoreCivic's or TransCor's employee or independent contractor files, unless they are already public records. By way of example, and not limitation, CONFIDENTIAL INFORMATION may be included in documents, simulations, animations, portions of documents, computer programs and software, magnetic or digital discs, electronically recorded tapes of any sort, transcripts, summaries, notes, abstracts, motions, drawings, and any instrument that comprises, embodies, or summarizes any matter that any party considers confidential.

         2. By way of example, the term “documents” includes but is not limited to correspondence, memoranda, or other printed matter, interoffice and/or intra-corporate communications, letters, statements, contracts, invoices, drafts, charts, work sheets, desk diaries, recordings, specifications, compilations from which information can be obtained and translated as required through detection devices into a reasonably usable form, sketches, drawings, notes (including laboratory notebooks and records), disclosures, data, reports, work assignments, instructions, electronic files, electronic information, emails, and other writings.

         3. It is contemplated that the parties may produce certain of their files and other information pursuant to agreement or subpoena (files and information that contain confidential as well as non-confidential material) and that, at the time of production, the producing party will designate the documents that they deem to contain CONFIDENTIAL INFORMATION. Only documents marked as “CONFIDENTIAL” will be subject to this Protective Agreement and the Court's Protective Order. CONFIDENTIAL INFORMATION will not be disseminated or produced except in accordance with this Agreement.

         4. Whenever a deposition or court proceeding involves the disclosure of a party's CONFIDENTIAL INFORMATION to another party, the following procedure will apply:

a. The court reporter will be directed to bind those portions of the transcript containing CONFIDENTIAL INFORMATION separately. This request will be made on the record whenever possible.
b. The cover of any portion of a deposition or court proceeding transcript that contains testimony or documentary evidence that has been designated CONFIDENTIAL INFORMATION will be prominently marked with the legend: CONFIDENTIAL/SUBJECT TO PROTECTIVE ORDER.
c. All portions of depositions or court proceeding transcripts designated as CONFIDENTIAL INFORMATION will be sealed and will not be disseminated except to the persons identified in Paragraphs 6 and 8.
d. Any party may designate any portion of a deposition, not previously designated as CONFIDENTIAL INFORMATION, within sixty (60) days of receipt of the transcript of said deposition, by the party, as confidential information, by advising all counsel of record of their designation of the specific portions of the deposition as confidential and shall be treated as if designated initially at the deposition, from that point forward.

         5. All pleadings or other documents that contain CONFIDENTIAL INFORMATION shall be filed in the public record in redacted form, with as few redactions as possible. The party seeking to use the CONFIDENTIAL INFORMATION shall seek leave of the Court to file an unredacted version of the pleading or other document under seal with the Clerk of the Court.

         6. Unless otherwise provided in this Order, see Paragraph 8, access to CONFIDENTIAL INFORMATION will be restricted to the Court, its officers, and to the following counsel and experts: attorneys in this action, consulting attorneys, and testifying or consulting experts, where production is required by the Federal Rules of Civil Procedure or a court order. Any attorney or expert to whom disclosure is made will be furnished with a copy of the Protective Order and will be subject to the Order.

         7. CONFIDENTIAL INFORMATION containing address, identifying information, dependent information, or contact information concerning former or current employees or independent contractors of CoreCivic and/or TransCor will not be disclosed to any present or former inmate/detainee or member of the general public. Access will be restricted to the attorneys in this action and any consulting or testifying experts. Moreover, CONFIDENTIAL INFORMATION containing proprietary policies, protocols, practices, and directives relating to security procedures utilized by any CoreCivic or TransCor employee, at any CoreCivic facility, or at any BOP or USMS facility, or for purposes of transportation of inmates or detainees to or from any such facilities, will not be disclosed to any present or former inmate/detainee, unless they are already public records. Defendants will produce the information with the label: “CONFIDENTIAL/ATTORNEYS' EYES ONLY.” CONFIDENTIAL INFORMATION so labeled shall not be disclosed to the public or to any present or former inmate/detainee, and will be handled accordingly at all times barring a written agreement by CoreCivic and/or TransCor to modify or remove the designation or a court order. The terms of this Protective Order are not to be construed as an agreement by CoreCivic, TransCor, USMS, or BOP, or their employees, to disclose security sensitive information related to the operation of any CoreCivic, USMS, or BOP facility, or to the operation of any TransCor transport vehicle.

         8. While this Protective Order intends to limit access to certain information as set forth in Paragraph 7, nothing in this Protective Order limits Plaintiff from viewing his own CONFIDENTIAL INFORMATION, which ...


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