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Buck v. Mary Jane M. Elliott, P.C.

United States District Court, W.D. Michigan, Southern Division

November 21, 2017

SUSAN BUCK, ANITA BECKLEY, RUBY ROBINSON, RITCHIE SWAGERTY, and DANIEL VANDERKODDE, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
MARY JANE M. ELLIOTT, P.C., BERNDT & ASSOCIATES, P.C., MIDLAND FUNDING LLC, MIDLAND CREDIT MANAGEMENT, INC., ENCORE CAPITAL GROUP, INC., and LVNV FUNDING LLC, Defendants.

          HON. PAUL L. MALONEY

          PROTECTIVE ORDER

          RAY KENT United States Magistrate Judge

         Plaintiffs, by motion and appearing through their counsel of record, have requested entry of this Order. The Court finds good cause, under Rule 26(c), for a discovery protective order.

         NOW, THEREFORE, IT IS HEREBY ORDERED:

         1. Scope of Protective Order.

         The parties contemplate that in the course of this litigation they may produce to one another certain Confidential Documents, as defined below, or portions of Confidential Documents in their possession. The term “Document” is comprehensively defined to be synonymous in meaning and equal in scope to the usage of the term in Rule 34(a) of the Federal Rules of Civil Procedure, which defines document to include writings, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained, including electronically stored information. The term “Confidential Documents” shall specifically include, but not be limited to Documents containing any of the following:

(a) Protected Health Information:
Protected Health Information (PHI) shall have the same scope and definition as set forth in 45 CFR 160.103 and 45 CFR 160.501 and shall include all individually identifiable health information, including demographic data, created or received by a health care provider that relates to the past, present or future physical or mental health of an individual, or the past present or future payment for health care to an individual and that identifies an individual (or could reasonably be used to identify an individual).
(b) Financial and/or Bank Customer Information:
Personal and corporate financial, credit history, banking records including but not limited to: customer bank records, bank statements, general ledger entries, deposit information, loans and lending transactions, loan applications, financial statements and credit reports, business and personal state and federal income tax forms, correspondence, and financial information concerning assets, liabilities, net worth, and related confidential financial information. Examples of Confidential Documents also include, without limitation, documents containing a Bank customer's name, address, social security number, date of birth, account number, credit card number, personal or tax identification number, account balance, information relating to a deposit account, loan or borrower relationship, loan application materials, or any other identifying information.
(c) Personally Identifiable Information (PII)
This category shall include information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, and shall include “means of identification” as defined in 18 U.S.C. 1028d(7), which include any number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique biometric data, or other unique physical representation, unique electronic identification number, address, or routing code, or telecommunication identifying information.
(d) Trade Secret/Proprietary Information:
Documents and information that the producing party reasonably believes constitute, reflect, or disclose trade secrets, proprietary data or commercially sensitive information.

         Irrespective of any confidential designation by a producing party, this Protective Order shall not apply to any documents independently obtained from a non-party on an unrestricted basis if a party obtained such documents in good faith and not in violation of any other protective order ...


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