Equal Employment Opportunity Commission v. Happy Valley, LLC

          AGREED PROTECTIVE ORDER

          ROBERT T. DAWSON SENIOR U.S. DISTRICT JUDGE.

         Before the Court is the Joint Motion for Protective Order filed by Happy Valley, LLC (ECF No. 25). The Court finds that no response is necessary, and the matter is ripe for consideration.

         The Court finds as follows:

         1. The Parties to this litigation assert during discovery they have or will disclose or produce documents or information pertaining to training materials, handbook materials, manuals, policies, medical records, as well as information pertaining to present and former applicants and employees of Defendant that contain confidential information in this litigation between the Parties.

         2. The Parties assert public dissemination and disclosure of Confidential Information could damage the Party disclosing or producing the Confidential Information or could violate the privacy rights of other non-parties.

         3. The Parties acknowledge Confidential Information includes, but is not limited to:

(a) home addresses, telephone numbers, social security numbers, salary or other pay information, and time records of present and former applicants and employees of Defendant;

(b) certain personnel file documents pertaining to current and former employees of Defendant, including but not limited to, applications, rates of pay, insurance coverage information, benefits information, and personnel attendance records;

(c) certain business records of Defendant, including, but not limited to, selection documentation, job descriptions, and staff records, training materials, handbook materials, manuals, and policies;

(d) intellectual property, trade secrets, and proprietary information of Defendant;

(e) financial records of Defendant;

(f) information relating to or identifying current or former residents of Defendant;

(g) medical records or “Protected Health Information, ” as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or any applicable State counterparts, or other records containing individually identifiable health information belonging to applicants, current and former employees, and current and former residents of Defendant; (h) any information designated and/or protected by any statute or other law as private or confidential; and

(i) any other information or document that, upon the reasonable judgment of the Parties, would create a substantial risk of serious harm to the disclosing Party if such information disclosed or ...