IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GLENN WILLIAMS, et al., )

)

Plaintiff, )

)

v. ) Case No. 20-cv-00420

)

CITY OF CHICAGO, )

)

Defendant. )

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 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) information that reveals trade secrets; (c) research, 

technical, commercial or financial information that the party has maintained as confidential; (d) 

medical information concerning any individual; (e) personal identity information; (f) income tax 

returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or 

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employment records of a person who is not a party to the case. Information or documents that are 

available to the public may not be designated as Confidential Information.

3. Designation.

(a) A party may designate a document as Confidential Information for 

protection under this Order by placing or affixing the words "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 electronic images, 

duplicates, extracts, summaries or descriptions that contain the Confidential Information. The 

marking "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" shall be applied prior to 

or at the time of the documents are produced or disclosed. Applying the marking 

"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" 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 

are not required to be marked.

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

certification by an attorney or a party appearing pro se that the document contains Confidential 

Information as defined in this order.

4. Depositions.

Alternative A. Deposition testimony is protected by this Order only if designated as 

"CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER" on the record at the time the 

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testimony is taken. Such designation shall be specific as to the portions that contain Confidential 

Information. Deposition testimony so designated shall be treated as Confidential Information 

protected by this Order until fourteen days after delivery of the transcript by the court reporter to 

any party or the witness. Within fourteen days after delivery of the transcript, a designating party 

may serve a Notice of Designation to all parties of record identifying the specific portions of the 

transcript that are designated Confidential Information, and thereafter those portions identified in 

the Notice of Designation shall be protected under the terms of this Order. The failure to serve a 

timely Notice of Designation waives any designation of deposition testimony as Confidential 

Information that was made on the record of the deposition, unless otherwise ordered by the 

Court.

5. 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. In a 

putative class action, Confidential Information may be disclosed only to the named plaintiff(s) 

and not to any other member of the putative class unless and until a class including the putative 

member has been certified.

(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. Counsel for the parties and employees of counsel who 

have responsibility for 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 

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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. 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. 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. Pages of transcribed 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.

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

document as Confidential Information does not, standing alone, waive the right to so designate 

the document; provided, however, that 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 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, even 

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

designated Confidential Information.

7. Filing of 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 in connection with a motion, brief or other submission to the Court 

must comply with LR 26.2.

8. 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.

9. Challenges by a Party to Designation as Confidential Information. The 

designation of any material or document as 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 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 under the terms of this Order.

10. Action by the Court. Applications to the Court for an order relating to materials 

or documents designated 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.

11. Use of Confidential Documents or Information at Trial. Nothing in this Order 

shall be construed to affect the use of 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 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 

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

such documents or information at trial.

12. 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, 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 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, 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 by the other party to this case.

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13. 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.

14. 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 

and documents marked "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" under this 

Order, including copies as defined in ¶ 3(a), shall be returned to the producing party unless: (1) 

the document has been offered into evidence or filed without restriction as to disclosure; (2) the 

parties agree to destruction to the extent practicable in lieu of return;1or (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 so long as that work product does not duplicate verbatim substantial portions of 

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

1 The parties may choose to agree that the receiving party shall destroy documents containing 

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 Confidential Information contained in deposition transcripts or drafts or final 

expert reports.

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including those filed under seal. Any retained 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.

(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.

15. 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 person with standing 

concerning the subject matter.

16. 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 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.

17. 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: September 8, 2023

U.S. Magistrate Judge Heather K. McShain

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Date: May 25, 2023

Jointly Submitted By:

By: /s/ Kenneth N. Flaxman

Kenneth N. Flaxman

Joel A. Flaxman

knf@kenlaw.com

jaf@kenlaw.com

200 S Michigan Ave., Ste 201

Chicago, IL 60604

(312) 427-3200

Allison K. Muth

Robert Holstein

130 N Garland Ct, Ste 1906

Chicago, IL 60602

Attorneys for Plaintiffs

BY: /s/ Jennifer A. Naber

Jennifer A. Naber

Special Assistant Corporation Counsel

Laner Muchin, Ltd.

Jennifer A. Naber

Darin M. Williams

Special Assistant Corporation Counsels

515 North State Street, Suite 2400

Chicago, Illinois 60654

(312) 467-9800 (phone)

jnaber@lanermuchin.com

dwilliams@lanermuchin.com

BY: /s/ Derek R. Kuhn

Derek R. Kuhn

Assistant Corporation Counsel Supervisor

City of Chicago

Department of Law

Employment Litigation Division

2 North LaSalle Street, Suite 640

Chicago, Illinois 60602

(312) 744-0898

derek.kuhn@cityofchicago.org

Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GLENN WILLIAMS, et al., )

)

Plaintiff, )

)

v. ) Case No. 20-cv-00420

)

CITY OF CHICAGO, )

)

Defendant. )

ACKNOWLEDGMENT

AND AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that they have 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.

Name:

Job Title: 

Employer:

Business Address:

Date: 

Signature

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