1

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

HEIDE K. BARTNETT, )

)

Plaintiff, )

)

v. ) Case No. 2020-CV-2127

)

ABBOTT LABORATORIES, MARLON ) Hon. Thomas M. Durkin

SULLIVAN and ALIGHT SOLUTIONS, LLC, )

)

Defendants. )

_____________________________________ )

Agreed Confidentiality Order

The parties to this Agreed Confidentiality Order have agreed to the terms of this 

Order; accordingly, it is ORDERED:

1. Scope. All materials produced or adduced in the course of discovery,

including initial disclosures, responses to discovery requests, deposition testimony and

exhibits, and information derived directly therefrom (hereinafter collectively 

“documents”), shall be subject to this Order concerning Confidential Information or 

Highly Confidential Information as defined below. This Order is subject to the Local

Rules of this District and the Federal Rules of Civil Procedure on matters of procedure

and calculation of time periods.

2. Confidential Information. As used in this Order, “Confidential

Information” means information designated as “CONFIDENTIAL-SUBJECT TO

PROTECTIVE ORDER” by the producing party that falls within one or more of the

following categories: (a) information prohibited from disclosure by statute; (b) research, 

technical, commercial or financial information that the party has maintained as

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confidential; (c) medical information concerning any individual; (d) personal identity

information; (e) income tax returns (including attached schedules and forms), W-2

forms and 1099 forms; or (f) personnel or employment records of a person who is not a 

party to the case or (g) strategic planning or other confidential business information.

Information or documents that are available to the public may not be designated as 

Confidential Information.

3. Highly Confidential Information. As used in this Order, “Highly 

Confidential Information” means information designated as “HIGHLY CONFIDENTIALSUBJECT TO PROTECTIVE ORDER” by the producing party, and is information within 

the scope of Rule 26(c)(l)(G) and includes (a) current or future business or technical 

trade secrets and plans more sensitive or strategic than Confidential Information, the 

disclosure of which is likely to significantly harm the producing party’s competitive 

position, or the disclosure of which would contravene an obligation of confidentiality to 

a third person or to a Court, or (b) extremely sensitive financial or operational 

information, the disclosure of which is likely to significantly harm the producing party’s 

competitive position.

4. Designation.

(a) A party, or third party in responding to a subpoena, may designate

a document as Confidential Information or Highly Confidential Information for

protection under this Order by placing or affixing the words “CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” on the document and on all copies in a manner that will not

interfere with the legibility of the document. As used in this Order, “copies” includes

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electronic images, duplicates, extracts, summaries or descriptions that contain the

Confidential Information or Highly Confidential Information. The marking

“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “HIGHLY 

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at

the time of the documents are produced. A producer may make documents or things 

containing Confidential or Highly Confidential information available for inspection and 

copying without marking them as Confidential or Highly Confidential without forfeiting a 

claim of confidentiality, so long as the producer causes copies of the documents or 

things to be marked as Confidential or Highly Confidential before providing them to the 

recipient. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE

ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” to a

document does not mean that the document has any status or protection by statute or

otherwise except to the extent and for the purposes of this Order. Any copies that are

made of any documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE

ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” shall

also be so marked, except that indices, electronic databases or lists of documents that 

do not contain substantial portions or images of the text of marked documents and do

not otherwise disclose the substance of the Confidential Information or the Highly 

Confidential Information are not required to be marked.

(b) The designation of a document as Confidential Information or 

Highly Confidential Information is a certification by an attorney or a party appearing

pro se that the document contains Confidential Information or Highly Confidential 

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Information as defined in this order.1

5. Depositions.

Unless all parties agree on the record at the time the deposition testimony is

taken, all deposition testimony taken in this case shall be treated as Highly

Confidential Information until the expiration of the following: No later than the fourteenth

day after the transcript is delivered to any party or the witness, and in no event later

than 60 days after the testimony was given. Within this time period, a party may serve

a Notice of Designation to all parties of record as to specific portions of the testimony

that are designated Confidential Information or Highly Confidential Information, and 

thereafter only those portions identified in the Notice of Designation shall be protected 

by the terms of this Order. The failure to serve a timely Notice of Designation shall

waive any designation of testimony taken in that deposition as Confidential Information

or Highly Confidential Information, unless otherwise ordered by the Court.

6. Protection of Confidential Material.

(a) General Protections. Confidential Information shall not be used

or disclosed by the parties, counsel for the parties or any other persons identified in

subparagraph (b) for any purpose whatsoever other than in this litigation, including any

appeal thereof.

 

1 An attorney who reviews the documents and designates them as CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER or HIGHLY CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER must be admitted to the Bar of at least one state but need not be

admitted to practice in the Northern District of Illinois unless the lawyer is appearing 

generally in the case on behalf of a party. By designating documents confidential or highly 

confidential pursuant to this Order, counsel submits to the jurisdiction and sanctions of

this Court on the subject matter of the designation.

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(b) Limited Third-Party Disclosures. The parties and counsel for

the parties shall not disclose or permit the disclosure of any Confidential Information to

any third person or entity except as set forth in subparagraphs (1)-(9). Subject to these

requirements, the following categories of persons may be allowed to review Confidential

Information:

(1) Counsel. External counsel for the parties and employees of

external counsel, as well as internal counsel who have 

responsibility for the litigation of the action;

(2) Parties. Individual parties and employees of a party but only to the

extent counsel determines in good faith that the employee’s

assistance is reasonably necessary to the conduct of the litigation

in which the information is disclosed;

(3) The Court and its personnel;

(4) Court Reporters and Recorders. Court reporters and

recorders engaged for depositions;

(5) Contractors. Those persons specifically engaged for the limited

purpose of making copies of documents or organizing or

processing documents, including outside vendors hired to process

electronically stored documents;

(6) Consultants and Experts. Subject to paragraph 9 below, 

consultants, investigators, or experts employed by the parties or

counsel for the parties to assist in the preparation and trial of this

action but only after such persons have completed the certification

contained in Attachment A, Acknowledgment of Understanding and

Agreement to Be Bound;

(7) Witnesses at depositions. During their depositions, witnesses in

this action to whom disclosure is reasonably necessary but only 

after such persons have completed the certification contained in 

Attachment A, Acknowledgement of Understanding and Agreement 

To Be Bound. Witnesses shall not retain a copy of documents

containing Confidential Information, except witnesses may receive

a copy of all exhibits marked at their depositions in connection with

review of the transcripts, provided that such documents are 

returned immediately after such review. Pages of transcribed

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deposition testimony or exhibits to depositions that are designated

as Confidential Information pursuant to the process set out in this 

Order must be separately bound by the court reporter and may not 

be disclosed to anyone except as permitted under this Order.

(8) Author or recipient. The author or recipient of the document

(not including a person who received the document in the course

of litigation); and

(9) Others by Consent. Other persons only by written consent of the

producing party or upon order of the Court and on such conditions

as may be agreed or ordered.

(c) Control of Documents. Counsel for the parties shall make

reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential

Information. Counsel shall maintain the originals of the forms signed by persons

acknowledging their obligations under this Order for a period of three years after the

termination of the case.

7. Protection of Highly Confidential Information. 

(a) General Protections. Highly Confidential Information shall not be

used or disclosed by the parties, counsel for the parties or any other persons identified 

in subparagraph (b) for any purpose whatsoever other than in this litigation, including

any appeal thereof.

(b) Limited Third-Party Disclosures. The parties and counsel for the

parties shall not disclose or permit the disclosure of any Highly Confidential Information

to any third person or entity except as set forth in subparagraphs (1)-(8). Subject to

these requirements, the following categories of persons may be allowed to review

Confidential Information:

(1) Counsel. External counsel for the parties and employees of

external counsel, as well as internal counsel who have 

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responsibility for the litigation of the action. 

(2) The Court and its personnel;

(3) Court Reporters and Recorders. Court reporters and

recorders engaged for depositions;

(4) Contractors. Those persons specifically engaged for the limited

purpose of making copies of documents or organizing or

processing documents, including outside vendors hired to process

electronically stored documents;

(5) Consultants and Experts. Subject to paragraph 9 below, 

consultants, investigators, or experts employed by the parties or

counsel for the parties to assist in the preparation and trial of this

action but only after such persons have completed the certification

contained in Attachment A, Acknowledgment of Understanding and

Agreement to Be Bound;

(6) Witnesses at depositions. During their depositions, witnesses in

this action to whom disclosure is reasonably necessary and who 

had knowledge of the Highly Confidential Information at issue prior 

to the initiation of this litigation, but only after such persons have 

completed the certification contained in Attachment A, 

Acknowledgement of Understanding and Agreement To Be Bound. 

Witnesses shall not retain a copy of documents containing Highly

Confidential Information, except witnesses may receive a copy of

all exhibits marked at their depositions in connection with review of

the transcripts, provided that such documents are returned 

immediately after such review. Pages of transcribed deposition

testimony or exhibits to depositions that are designated as Highly 

Confidential Information pursuant to the process set out in this 

Order must be separately bound by the court reporter and may not 

be disclosed to anyone except as permitted under this Order.

(7) Author or recipient. The author or recipient of the document (not

including a person who received the document in the course of

litigation); and

(8) Others by Consent. Other persons only by written consent of the

producing party or upon order of the Court and on such conditions

as may be agreed or ordered.

(c) Control of Documents. Counsel for the parties shall make

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reasonable efforts to prevent unauthorized or inadvertent disclosure of Highly 

Confidential Information. Counsel shall maintain the originals of the forms signed by

persons acknowledging their obligations under this Order for a period of three years

after the termination of the case.

8. A party may not disclose Confidential or Highly Confidential information to 

an expert or consultant pursuant to paragraph 7(b)(6) or 8(b)(5) of this Order until after 

the expert or consultant has signed an undertaking in the form of Attachment A to this 

Order. The party obtaining the undertaking must serve it on all other parties within ten 

days after its execution. At least ten days before the first disclosure of Confidential or 

Highly Confidential information to an expert or consultant (or member of their staff), the 

party proposing to make the disclosure must serve the producer with a written 

identification of the expert or consultant and a copy of his or her curriculum vitae. If the 

producer has good cause to object to the disclosure (which does not include challenging 

the qualifications of the expert or consultant), it must serve the party proposing to make 

the disclosure with a written objection within ten days after service of the identification. 

Unless the parties resolve the dispute within ten days after service of the objection, the 

party opposing disclosure of the Confidential Information or Highly Confidential 

Information to an expert or consultant must move the Court promptly for a ruling, and the 

Confidential or Highly Confidential information may not be disclosed to the expert or 

consultant without the Court's approval.

9. Inadvertent Failure to Designate. An inadvertent failure to designate a

document as Confidential Information or Highly Confidential Information does not,

standing alone, waive the right to so designate the document; provided, however, that

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a failure to serve a timely Notice of Designation of deposition testimony as required by

this Order, even if inadvertent, waives any protection for deposition testimony. If a party 

designates a document as Confidential Information or Highly Confidential Information 

after it was initially produced, the receiving party, on notification of the designation,

must make a reasonable effort to assure that the document is treated in accordance

with the provisions of this Order. No party shall be found to have violated this Order for

failing to maintain the confidentiality of material during a time when that material has

not been designated Confidential Information, or Highly Confidential Information, even

where the failure to so designate was inadvertent and where the material is

subsequently designated Confidential Information or Highly Confidential Information.

10. Filing of Confidential Information or Highly Confidential 

Information. This Order does not, by itself, authorize the filing of any document

under seal. Any party wishing to file a document designated as Confidential 

Information or Highly Confidential Information in connection with a motion, brief or

other submission to the Court must comply with LR 26.2.

11. No Greater Protection of Specific Documents. Except on privilege

grounds not addressed by this Order, no party may withhold information from discovery

on the ground that it requires protection greater than that afforded by this Order unless

the party moves for an order providing such special protection.

12. Challenges by a Party to Designation as Confidential

Information or Highly Confidential Information. The designation of any material 

or document as Confidential Information or Highly Confidential Information is subject 

to challenge by any party. The following procedure shall apply to any such challenge.

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(a) Meet and Confer. A party challenging the designation of

Confidential Information or Highly Confidential Information must do so in good faith and

must begin the process by conferring directly with counsel for the designating party. In

conferring, the challenging party must explain the basis for its belief that the 

confidentiality designation was not proper and must give the designating party an

opportunity to review the designated material, to reconsider the designation, and, if no

change in designation is offered, to explain the basis for the designation. The

designating party must respond to the challenge within five (5) business days.

(b) Judicial Intervention. A party that elects to challenge a

confidentiality designation may file and serve a motion that identifies the challenged

material and sets forth in detail the basis for the challenge. Each such motion must be

accompanied by a competent declaration that affirms that the movant has complied

with the meet and confer requirements of this procedure. The burden of persuasion in

any such challenge proceeding shall be on the designating party. Until the Court rules

on the challenge, all parties shall continue to treat the materials as Confidential

Information or Highly Confidential Information under the terms of this Order.

13. Action by the Court. Applications to the Court for an order relating to

materials or documents designated Confidential Information or Highly Confidential 

Information shall be by motion. Nothing in this Order or any action or agreement of a 

party under this Order limits the Court’s power to make orders concerning the

disclosure of documents produced in discovery or at trial.

14. Use of Confidential or Highly Confidential Documents or

Information at Trial. Nothing in this Order shall be construed to affect the use of

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any document, material, or information at any trial or hearing. A party that intends

to present or that anticipates that another party may present Confidential 

Information or Highly Confidential Information at a hearing or trial shall bring that

issue to the Court’s and parties’ attention by motion or in a pretrial memorandum

without disclosing the Confidential Information or Highly Confidential Information.

The Court may thereafter make such orders as are necessary to govern the use of

such documents or information at trial.

15. Confidential Information or Highly Confidential Information 

Subpoenaed or Ordered Produced in Other Litigation.

(a) If a receiving party is served with a subpoena or an order issued in

other litigation that would compel disclosure of any material or document designated in

this action as Confidential Information or Highly Confidential Information, the receiving

party must so notify the designating party, in writing, immediately and in no event more 

than three court days after receiving the subpoena or order. Such notification must 

include a copy of the subpoena or court order.

(b) The receiving party also must immediately inform in writing the

party who caused the subpoena or order to issue in the other litigation that some or all

of the material covered by the subpoena or order is the subject of this Order. In

addition, the receiving party must deliver a copy of this Order promptly to the party in

the other action that caused the subpoena to issue.

(c) The purpose of imposing these duties is to alert the interested

persons to the existence of this Order and to afford the designating party in this case 

an opportunity to try to protect its Confidential Information or Highly Confidential 

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Information in the court from which the subpoena or order issued. The designating

party shall bear the burden and the expense of seeking protection in that court of its

Confidential Information or Highly Confidential Information, and nothing in these

provisions should be construed as authorizing or encouraging a receiving party in

this action to disobey a lawful directive from another court. The obligations set forth in

this paragraph remain in effect while the party has in its possession, custody or

control Confidential Information or Highly Confidential Information by the other party

to this case.

16. Challenges by Members of the Public to Sealing Orders. A party or

interested member of the public has a right to challenge the sealing of particular

documents that have been filed under seal, and the party asserting confidentiality will

have the burden of demonstrating the propriety of filing under seal.

17. Obligations on Conclusion of Litigation.

(a) Order Continues in Force. Unless otherwise agreed or ordered,

this Order shall remain in force after dismissal or entry of final judgment not subject to

further appeal.

(b) Obligations at Conclusion of Litigation. Within sixty-three

days after dismissal or entry of final judgment not subject to further appeal, all

Confidential Information or Highly Confidential Information and documents marked

“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “HIGHLY 

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” under this Order, including

copies as defined in ¶ 5(a), shall be returned to the producing party unless: (1) the

document has been offered into evidence or filed without restriction as to disclosure; 

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(2) the parties agree to destruction to the extent practicable in lieu of return;2 or (3) as

to documents bearing the notations, summations, or other mental impressions of the

receiving party, that party elects to destroy the documents and certifies to the

producing party that it has done so.

(c) Retention of Work Product and one set of Filed Documents.

Notwithstanding the above requirements to return or destroy documents, counsel may

retain (1) attorney work product, including an index that refers or relates to designated

Confidential Information or Highly Confidential Information so long as that work product

does not duplicate verbatim substantial portions of Confidential Information, or Highly 

Confidential Information, and (2) one complete set of all documents filed with the

Court including those filed under seal. Any retained Confidential Information or Highly 

Confidential Information shall continue to be protected under this Order. An attorney

may use his or her work product in subsequent litigation, provided that its use does not

disclose or use Confidential Information or Highly Confidential Information.

(d) Deletion of Documents filed under Seal from Electronic

Case Filing (ECF) System. Filings under seal shall be deleted from the ECF system

only upon order of the Court.

18. Order Subject to Modification. This Order shall be subject to

modification by the Court on its own initiative or on motion of a party or any other

 

2 The parties agree that the receiving party shall destroy documents containing

Confidential Information or Highly Confidential Information and certify the fact of

destruction, and that the receiving party shall not be required to locate, isolate and return

e-mails (including attachments to e-mails) that may include Confidential Information or 

Highly Confidential Information, or Confidential Information or Highly Confidential 

Information contained in deposition transcripts or drafts or final expert reports.

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person with standing concerning the subject matter.

19. No Prior Judicial Determination. This Order is entered based on the

representations and agreements of the parties and for the purpose of facilitating

discovery. Nothing herein shall be construed or presented as a judicial determination

that any document or material designated Confidential Information or Highly 

Confidential Information by counsel or the parties is entitled to protection under Rule 

26(c) of the Federal Rules of Civil Procedure or otherwise until such time as the Court

may rule on a specific document or issue.

20. Persons Bound. This Order shall take effect when entered and shall be

binding upon all counsel of record and their law firms, the parties, and persons made

subject to this Order by its terms.

So Ordered.

Dated: February 8, 2021

U.S. District Judge

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WE SO MOVE WE SO MOVE

and agree to abide by the and agree to abide by the

terms of this Order terms of this Order

/s/ James L. Oakley /s/ Louis L. Klapp per 2/5/21 email authorization

Signature Signature

James L. Oakley Louis L. Klapp 

Printed Name Printed Name

Counsel for Plaintiff Heide K. Bartnett Counsel for Abbott Laboratories and 

Marlon Sullivan

Dated: February 5, 2021 Dated: February 5, 2021

/s/ Matt D. Basil per 2/5/21 email authorization

Signature

Matt D. Basil 

Printed Name

Counsel for Alight Solutions, LLC

Dated: February 5, 2021

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ATTACHMENT A

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

HEIDE K. BARTNETT, )

)

Plaintiff, )

)

v. ) Case No. 2020-CV-2127

)

ABBOTT LABORATORIES, MARLON )

SULLIVAN and ALIGHT SOLUTIONS, LLC, )

)

Defendants. )

ACKNOWLEDGMENT 

AND

AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the Confidentiality 

Order dated _ in the above-captioned action and 

attached hereto, understands the terms thereof, and agrees to be bound by its terms. 

The undersigned submits to the jurisdiction of the United States District Court for the 

Northern District of Illinois in matters relating to the Confidentiality Order and 

understands that the terms of the Confidentiality Order obligate him/her to use materials 

designated as Confidential Information in accordance with the Order solely for the 

purposes of the above-captioned action, and not to disclose any such Confidential 

Information to any other person, firm or concern.

The undersigned acknowledges that violation of the Confidentiality Order may 

result in penalties for contempt of court.

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Name:

Job Title:

Employer:

Business Address:

Date: 

Signature

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