Dangerfield v. Wexford Health Sources Inc. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
NANCY DANGERFIELD,
Administrator of the Estate of
Daniel Behning,
Plaintiff,
v.
WEXFORD HEALTH SOURCES,
INC., et al.,
Defendants.
Case No. 23-CV-03687-SPM
CONFIDENTIALITY ORDER
McGLYNN, District Judge:
This matter is before the Court on an unopposed Motion for Protective Order
filed by Plaintiff Nancy Dangerfield in this action pursuant to Federal Rule of Civil
Procedure 26(c). (Doc. 140). For the reasons stated in the Motion, this Court
determines that the terms set forth herein are appropriate to protect the respective
interests of the parties, the public, and the Court. Accordingly, for good cause shown,
the Joint Motion is GRANTED. Therefore, the Court ENTERS the following
Protective Order. It is HEREBY ORDERED that the parties, non-party signatories,
and non-party witnesses shall follow the procedures set forth below with respect to
certain documents, information, or testimony provided or exchanged in this or related
actions or proceedings:
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1. 	Introduction. This protective order is intended to address information the
Illinois Department of Financial and Professional Regulation (“IDFPR”) seeks to
treat as confidential under state law, hereinafter “Confidential Information.”
2. 	Scope: At this time, and unless or until this Protective Order is otherwise
modified 	by 	the 	Court, 	this 	Protective 	Order 	shall 	apply 	to 	the 	following
Records/Information, which shall be treated as Confidential Information:
a. 	Any and all materials produced by the IDFPR in connection with the
above-captioned case that are confidential by state statute, including but not
limited 	to 	applications, 	investigation 	materials, 	complaints, 	and 	any
documents related to discipline, including but not limited to outcomes and
findings of investigations and closing materials.
3. 	Confidential Information, as used in this Order, means information designated
as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” by the IDFPR that
falls within one or more of the following categories:
a. 	Information prohibited from disclosure by statute;
b. 	Medical 	information, including 	health 	information, 	concerning 	any
individual;
c. 	Personal 	identity 	information, 	including, 	but 	not 	limited 	to, 	such
information protected from disclosure pursuant to Illinois Supreme Court Rule
138; and
d. 	Information designated as confidential as specified in paragraph 2
above.
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4. 	Protection of Confidential Material.
a. 	General Protections: Confidential Information shall not be used or
disclosed by counsel for the parties in the Litigation, or by the parties in the
Litigation, either directly or indirectly, for any purpose whatsoever other than
this Litigation, including any appeals, and shall not be disclosed to anyone
other than those designated in subparagraphs 4(b)(1–8) below absent a prior
order of the Court.
b. 	Limited Disclosures. Counsel for the parties shall not disclose or permit
disclosure, either directly or indirectly, of any Confidential Information to any
person or entity except as set forth in paragraphs 1–8 below. Subject to these
requirements, the following categories of persons may be allowed to review
Confidential Information:
i. Counsel. Counsel for the parties to the Litigation and employees of said
Counsel who have responsibility for the Litigation;
ii. Parties. Individual parties and employees of a party, but only to the
extent 	that 	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. It is acknowledged and understood
that 	the 	parties 	may 	have 	already 	received 	information 	and/or
documentation in connection with the IDFPR’s investigation which are
covered 	by 	or 	otherwise 	fall 	within 	the 	definition 	of 	Confidential
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Information as provided in this Agreed Order, and such Confidential
Information is covered by this Order.
iii. Court and Court Personnel;
iv. Court Reporters and Recorders. Court reporters and recorders engaged
in depositions or sworn testimony;
v. Copy Services. Those persons specifically engaged for the limited
purpose 	of 	making 	copies 	of 	documents, 	organizing 	or 	processing
documents, including outside vendors hired to process electronically
stored documents;
vi. Consultants 	and 	Experts. 	Consultants, 	investigators, 	or 	experts
employed by counsel for the parties to assist in the preparation and trial
of this action;
vii. 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 review 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;
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viii. Insurers and Adjustors. To the extent that counsel believes in good faith
that Confidential Information is necessary to give due and proper
consideration to valuation of the Plaintiff’s claims or otherwise inform
decisions on authorization for the conduct of litigation or settlement. In
such event, said employees of an insurance provider shall be held
confidential by those employees as provided by this Order, shall not be
disclosed to any individual otherwise restricted herein, and shall either
return to the providing source (a party, counsel, or other record keeper)
or destroy all confidential information at the conclusion of the Litigation
with notice to the IDFPR. The Litigation is concluded once all appellate
or other post-judgment relief has been adjudicated.
5. 	Recipients to be advised of this Order. Prior to giving access to any documents
containing Confidential Information as described in paragraph 4(b)(6) or (8), each
person shall be advised of the terms of the Protective Order.
6. 	Efforts of Counsel to Preserve Confidentiality. Counsel for the parties as well
as the parties in this Litigation, shall make all reasonable efforts to prevent
unauthorized or inadvertent disclosure of Confidential Information. Further, it is
agreed by counsel for the parties that they and their respective employees, officers,
shareholders, agents, and assigns will not use any of the Confidential Information to
which this Agreed Protective Order applies for any business-related purpose other
than this Litigation. Any such unauthorized disclosure of Confidential Information,
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whether by counsel or by any party to this Litigation, will subject the violating party
to sanctions and other relief that this Court may deem appropriate.
7. 	Designation 	of 	Covered 	Documents. 	Any 	Confidential 	Information 	or
documents to which this Agreed Protective Order is intended to apply, shall be
designated by 	the 	IDFPR 	with 	the 	words 	“CONFIDENTIAL – 	SUBJECT 	TO
PROTECTIVE ORDER” types in bold font on each page, without interfering with the
legibility of the content of the page so designated. Counsel to the parties will ensure
that any filings with the Court that include or reference such material will be first
designated to be placed under seal with the Court to ensure that it is not disclosed to
third parties.
8. 	Admissibility of Confidential Information. It is agreed and understood that the
entry of this Order is not intended to, nor shall it, preclude or otherwise limit any
party’s right to object to the production of or admissibility of any documents,
including, but not limited to, the medical and mental health information covered by
this Agreed Protective Order. It is also agreed that any party may seek to modify this
order upon written motion and that a party’s consent to this Order shall not be used
adversely against them.
9. 	Disputes as to Designation as Confidential Information. Any dispute with
regards to the designation of Confidential Information must be in good faith and must
begin the process by conferring directly with counsel for the IDFPR. After compliance
with 	the 	meet 	and 	confer 	requirement, 	should 	a 	party 	elect 	to 	challenge 	a
confidentiality designation, the party may file and serve a motion that identifies the
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material and sets forth, in detail, the basis for the challenge. Nothing in this Order
limits the Court’s power to make subsequent orders concerning the disclosure of
documents produced in discovery or at trial.
10. 	Litigation. Once Litigation has concluded, anyone in receipt of the Confidential
Information shall return it to the providing source or destroy all confidential
information at the conclusion of the Litigation, with notice to the IDFPR. However,
that said confidential information may be retained in the files of the counsel for the
parties and may be destroyed pursuant to their regular file retention policies so long
as the confidential information is maintained in a secure environment. The Litigation
is concluded once all appellate or other post judgment relief has been adjudicated.
11. 	Subsequent Court Order. Any party, individually or through counsel, may
petition this or any other court of competent jurisdiction to modify the terms of this
Order 	to 	allow 	for 	disclosure 	of 	Confidential 	Information, 	in 	ways 	otherwise
prohibited. Any disclosure of Confidential Information in accordance with said
subsequent order of court, shall not be subject to the individual or entity so disclosing
to punishment including contempt.
IT IS SO ORDERED.
DATED: January 28, 2026
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
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