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Childers v. Gagne

United States District Court, E.D. Tennessee, Knoxville

June 6, 2019

RONALD CHILDERS AND LAKEISHA CHILDERS Plaintiffs,
v.
DONALD GAGNE AND CITY OF ONEIDA, TN Defendants.

          BRYCE MCKENZIE, LAW OFFICES OF BRYAN E. DELIUS TROY BOWLIN, THE BOWLIN LAW FIRM, P.C., Attorneys for Plaintiffs.

          COURTNEY E. READ, WATSON, ROACH, BATSON, ROWELL & LAUDERBACK, P.L.C., Attorney for Defendant Town of Oneida.

          AGREED PROTECTIVE ORDER

          Debra C. Poplin United States Magistrate Judge.

         Upon Joint Motion of Plaintiffs and Defendant Town of Oneida, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, by agreement of the Plaintiffs and Defendant Town of Oneida, and in accordance with Local Rule 26.2 of the U.S. District Court for the Eastern District of Tennessee, it is hereby stipulated and ordered that the production and use of “Confidential Materials” in this matter will proceed in accordance with the following terms:

         1. “Confidential Materials” are defined as follows:

a. Any documents and records relating to the background search of Donald “Chip” Gagne as deemed confidential pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-501, et seq.
b. Any other documents, records, or information deemed confidential pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-501, et seq.
c. Medical, psychiatric, or psychological records of any individual.

         2. Plaintiffs LaKeisha Childress, Ronald Childress, Defendant Donald Gagne, and Defendant Town of Oneida (hereinafter “The Parties”) shall stamp in advance of presentation to the other party, those documents it deems confidential; provided, however, the Parties further agree that any medical, psychological, and psychiatric records which are received by counsel for the Parties directly from any third party provider pursuant to any authorization or agreed order for medical records shall be designated and treated as Confidential Material without the necessity of first stamping the same.

         All records or documents deemed Confidential Materials as defined above, whether provided to or obtained by either party will be deemed confidential upon receipt.

         3. Confidential Material may be disclosed only to the following persons:

(a) The attorneys for Parties working on this litigation and all paralegal assistants, stenographic and clerical employees working under the direction of such counsel;
(b) Any person not employed by counsel for the Parties who is expressly retained or sought to be retained by counsel for the parties to assist in preparation of this matter for trial including any expert witnesses retained by either party, with disclosure only to the extent necessary to perform such work;
(c) Any person of whom testimony is taken, except that such person may only be shown copies of Confidential Material during his or her testimony or in preparation thereof and may ...

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