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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JESSICA A. TWARDOWSKI §

§

Plaintiff, § 

§

v. § Civil Action No. 1:20-cv-04285

§

CREDIT MANAGEMENT, LP §

§

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 assistance is 

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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 Information. The Court may 

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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.

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 

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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; 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 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 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. 

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(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: 1/6/2021 _________________________________

 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/ Victor T. Metroff(with consent) s/ Patrick A. Watts___________

Signature Signature 

Victor T. Metroff Patrick A. Watts

Printed Name Printed Name 

Counsel for: Plaintiff Jessica Twardowski Counsel for: Credit Management L.P. 

Dated: 1/05/2020 Dated: 1/05/2020

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ATTACHMENT A

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JESSICA A. TWARDOWSKI §

§

Plaintiff, § 

§

v. § Civil Action No. 1:20-cv-04285-MFW

§

CREDIT MANAGEMENT, LP §

§

Defendant. §

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. 

Name: ______________________________________

Job Title: ______________________________________

Employer: ______________________________________

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Business Address: ___________________________

___________________________

___________________________

Date: _________________ ___________________________

 Signature 

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