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Filed 11 September 22 A10:38
Chris Daniel - District Clerk
Harris County
ED101J016508470
By: irma medina
CAUSE NO. 2010-63292
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
SAN JACINTO METHODIST
It is stipulated and agreed to by counsel for Plaintiff Teri Ford (“Plaintiff”) and
Hospital (collectively referred to as the
In the course of discovery, the Parties will produce to one another certain
information and documents that will include confidential and proprietary information
or other business sensitive materials, the unprotected disclosure of which would have
an adverse and detrimental impact on the legitimate business interests of the disclosing
party. A party disclosing any such information which the party believes to be
confidential may designate it as “CONFIDENTIAL” (hereinafter referred to as
“Confidential Information”). In addition, if a disclosing party believes in good faith
that certain sensitive Confidential Information may have significant commercial value
to the other party or may harm the business interests of the disclosing party if revealed
to the other party, the disclosing party may designate such information as
“CONFIDENTIAL – ATTORNEY’S EYES ONLY” (hereinafter referred to as “Restricted
MHDocs 3076869_1 11577.50
Information”). The Parties agree that the following limitations on the disclosure of such
Confidential Information and Restricted Information should be imposed.
Documents, discovery responses and materials, and deposition and
courtroom testimony designated as Confidential Information or Restricted Information
All copies of documents, discovery responses, or other materials produced
and designated as Confidential Information, and all transcripts of depositions or
courtroom testimony in which Confidential Information has been designated shall have
clearly stamped thereon “CONFIDENTIAL” in a place or manner which avoids any
interference with the legibility of the material. All documents, discovery responses, or
other materials designated as Restricted Information and all transcripts of depositions
so designated shall have clearly stamped thereon “CONFIDENTIAL – ATTORNEY’S
EYES ONLY” in a place or manner that avoids any interference with the legibility of the
Documents, discovery responses, transcripts, and materials designated as
Confidential Information and stamped “CONFIDENTIAL” pursuant to Paragraphs 1, 2
all be used only in connection with the
n and may be disclosed only as follows:
Confidential Information may be disclosed to employees of the
Parties, their attorneys (including in-house counsel), and to members of the paralegal,
secretarial or clerical staff (including sh
Counsel may disclose Confidential Information to independent
experts specifically retained for the purposes of this litigation and who have no other
relationship with any of the Parties hereto or any other competitors. Such experts shall
agree to be bound by the terms and provisions of this Agreed Protective Order by so
signifying on a copy of Exhibit “A” attached hereto and shall destroy all Confidential
Information and any notes made therefrom at the conclusion of this litigation and
certify that such destruction has taken place as provided in Paragraph 9 of this Agreed
Except as provided in subpart B of this paragraph, the Parties, their
counsel, and others with permitted access to the Confidential
disclose it to any person or use it for any purpose except for use in the prosecution or
defense of this litigation, including appeals, trials and depositions.
Any document designated as Restricted Information and stamped
“CONFIDENTIAL – ATTORNEY’S EYES ONLY” pursuant to Paragraph 3 and the
information contained therein shall be used only in connection with the prosecution or
defense of this litigation and may be disclosed only to counsel who have entered their
appearance in the case and, as necessary, to those members of
secretarial and clerical staff (including shorthand reporters) assisting such counsel who
y such Restricted Information.
It is stipulated and agreed that the Court shall retain jurisdiction over the
Parties and recipients of Confidential Information or Restricted Information for
enforcement of the provisions of this Agreed Protective Order following termination of
Nothing in this Agreed Protective Order shall be deemed or construed to
be a waiver by either party of its right to object on any grounds to the use of any
Confidential Information or Restricted Information, or any portions thereof, at the trial
Documents, discovery responses, or materials designated as Confidential
Information or Restricted Information may be copied or otherwise reproduced without
the permission of the producing party or an Order of the Court by persons entitled to
receive such information pursuant to Paragraphs 3, 4, or 5 of this Agreed Protective
Order, provided that the use of such copies is restricted in accordance with this Agreed
In the event a party contends that the information and documents
produced pursuant to this Agreed Protective Order should not have the limitations on
disclosure contained herein, then the Parties may so agree in writing, or, if the Parties
cannot reach agreement, the party challenging the designation may apply to the Court
If any information or testimony is produced by a party without the
information having been designated by the producing party as Confidential
Information or Restricted Information, such production will not act as a waiver of the
confidential or restricted status of the information or testimony as long as the
producing party shall within a reasonable time notify the opposing party of the
designation of the information or testimony as Confidential Information or Restricted
Information upon discovery of the oversight.
Parties shall either, at the time of taking testimony, or within ten (10) days
after the receipt of a deposition transcript or trial testimony designate any portion of the
transcript as Confidential Information or Restricted Information.
This Agreed Protective Order shall be binding upon the Parties hereto,
their successors, representatives and assigns, as well as all counsel for the Parties hereto
and their paralegals, secretaries and other office employees.
The provisions of this Agreed Protective Order shall remain in full force
and effect after the entry of final judgment in this case (including any appellate
The Court will retain jurisdiction, both before and after entry of final
award in this case, to construe, enforce and amend the provisions of this Agreed
Protective Order shall be subject to
, and the inherent power of the Court.
Nothing in this Agreed Protective Order should prevent any party from
using any document designated "CONFIDENTIAL" during a deposition, at a hearing,
________________________________________________
HONORABLE JUDGE
STIPULATED TO AND AGREED UPON:
OSENBERG PROVACH
/s/ Ellen Sprovach **
PROVACH
Telephone: (713) 960-8300
Facsimile: (713) 621-6670
OUSTON USTIN
/s/ Daniel Patton
ANIEL
State Bar No. 24013302
State Bar No. 24037511
Houston, Texas 77002
Telephone: (713) 222-4018
Facsimile: (713) 222-5815
Attorneys for Defendant
EXHIBIT “A”
The undersigned hereby agrees, in accordance with the provisions of the Agreed
Protective Order entered the ____________ day of ____________________________, 2011,
to be bound thereby, and further states that he/she has read the Agreed Protective
__________________________________________
Name:____________________________________
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Filed 11 September 22 A10:38 Chris Daniel - District Clerk Harris County ED101J016508470 By: irma medina CAUSE NO. 2010-63292 IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS SAN JACINTO METHODIST It is stipulated and agreed to by counsel for Plaintiff Teri Ford (“Plaintiff”) and Hospital (collectively referred to as the In the course of discovery, the Parties will produce to one another certain information and documents that will include confidential and proprietary information or other business sensitive materials, the unprotected disclosure of which would have an adverse and detrimental impact on the legitimate business interests of the disclosing party. A party disclosing any such information which the party believes to be confidential may designate it as “CONFIDENTIAL” (hereinafter referred to as “Confidential Information”). In addition, if a disclosing party believes in good faith that certain sensitive Confidential Information may have significant commercial value to the other party or may harm the business interests of the disclosing party if revealed to the other party, the disclosing party may designate such information as “CONFIDENTIAL – ATTORNEY’S EYES ONLY” (hereinafter referred to as “Restricted MHDocs 3076869_1 11577.50 Information”). The Parties agree that the following limitations on the disclosure of such Confidential Information and Restricted Information should be imposed. Documents, discovery responses and materials, and deposition and courtroom testimony designated as Confidential Information or Restricted Information All copies of documents, discovery responses, or other materials produced and designated as Confidential Information, and all transcripts of depositions or courtroom testimony in which Confidential Information has been designated shall have clearly stamped thereon “CONFIDENTIAL” in a place or manner which avoids any interference with the legibility of the material. All documents, discovery responses, or other materials designated as Restricted Information and all transcripts of depositions so designated shall have clearly stamped thereon “CONFIDENTIAL – ATTORNEY’S EYES ONLY” in a place or manner that avoids any interference with the legibility of the Documents, discovery responses, transcripts, and materials designated as Confidential Information and stamped “CONFIDENTIAL” pursuant to Paragraphs 1, 2 all be used only in connection with the n and may be disclosed only as follows: Confidential Information may be disclosed to employees of the Parties, their attorneys (including in-house counsel), and to members of the paralegal, secretarial or clerical staff (including sh Counsel may disclose Confidential Information to independent experts specifically retained for the purposes of this litigation and who have no other relationship with any of the Parties hereto or any other competitors. Such experts shall agree to be bound by the terms and provisions of this Agreed Protective Order by so signifying on a copy of Exhibit “A” attached hereto and shall destroy all Confidential Information and any notes made therefrom at the conclusion of this litigation and certify that such destruction has taken place as provided in Paragraph 9 of this Agreed Except as provided in subpart B of this paragraph, the Parties, their counsel, and others with permitted access to the Confidential disclose it to any person or use it for any purpose except for use in the prosecution or defense of this litigation, including appeals, trials and depositions. Any document designated as Restricted Information and stamped “CONFIDENTIAL – ATTORNEY’S EYES ONLY” pursuant to Paragraph 3 and the information contained therein shall be used only in connection with the prosecution or defense of this litigation and may be disclosed only to counsel who have entered their appearance in the case and, as necessary, to those members of secretarial and clerical staff (including shorthand reporters) assisting such counsel who y such Restricted Information. It is stipulated and agreed that the Court shall retain jurisdiction over the Parties and recipients of Confidential Information or Restricted Information for enforcement of the provisions of this Agreed Protective Order following termination of Nothing in this Agreed Protective Order shall be deemed or construed to be a waiver by either party of its right to object on any grounds to the use of any Confidential Information or Restricted Information, or any portions thereof, at the trial Documents, discovery responses, or materials designated as Confidential Information or Restricted Information may be copied or otherwise reproduced without the permission of the producing party or an Order of the Court by persons entitled to receive such information pursuant to Paragraphs 3, 4, or 5 of this Agreed Protective Order, provided that the use of such copies is restricted in accordance with this Agreed In the event a party contends that the information and documents produced pursuant to this Agreed Protective Order should not have the limitations on disclosure contained herein, then the Parties may so agree in writing, or, if the Parties cannot reach agreement, the party challenging the designation may apply to the Court If any information or testimony is produced by a party without the information having been designated by the producing party as Confidential Information or Restricted Information, such production will not act as a waiver of the confidential or restricted status of the information or testimony as long as the producing party shall within a reasonable time notify the opposing party of the designation of the information or testimony as Confidential Information or Restricted Information upon discovery of the oversight. Parties shall either, at the time of taking testimony, or within ten (10) days after the receipt of a deposition transcript or trial testimony designate any portion of the transcript as Confidential Information or Restricted Information. This Agreed Protective Order shall be binding upon the Parties hereto, their successors, representatives and assigns, as well as all counsel for the Parties hereto and their paralegals, secretaries and other office employees. The provisions of this Agreed Protective Order shall remain in full force and effect after the entry of final judgment in this case (including any appellate The Court will retain jurisdiction, both before and after entry of final award in this case, to construe, enforce and amend the provisions of this Agreed Protective Order shall be subject to , and the inherent power of the Court. Nothing in this Agreed Protective Order should prevent any party from using any document designated "CONFIDENTIAL" during a deposition, at a hearing, ________________________________________________ HONORABLE JUDGE STIPULATED TO AND AGREED UPON: OSENBERG PROVACH /s/ Ellen Sprovach ** PROVACH Telephone: (713) 960-8300 Facsimile: (713) 621-6670 OUSTON USTIN /s/ Daniel Patton ANIEL State Bar No. 24013302 State Bar No. 24037511 Houston, Texas 77002 Telephone: (713) 222-4018 Facsimile: (713) 222-5815 Attorneys for Defendant EXHIBIT “A” The undersigned hereby agrees, in accordance with the provisions of the Agreed Protective Order entered the ____________ day of ____________________________, 2011, to be bound thereby, and further states that he/she has read the Agreed Protective __________________________________________ Name:____________________________________