ORDER granting 38 Motion for Protective Order. (Ordered by Judge James Wesley Hendrix on 5/13/2025)¶
Grodman v. Texas Tech University Health Sciences Center, No. 5:23-cv-00210 (N.D. Tex.) · Dkt. 39 · 2025-05-13 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
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I,JNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DTVISION
SCHYLERGRODMAN,
Plaintiff,
No. 5:23-CV-210-H
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER,
Defendant.
ORDER
Before the Court is the parties'joint motion for entry ofan agreed confidentiality and
protedive order. Dkt. No. 38. The Court grants the motion and enters the following protective
order. The Court removed paragraphs 21 through 27 of the panies' proposed order and added
paragraphs 22 through 24 rcgardtng confidential information and the Court's requirements for sealing
motrons.
I
The term "Producing Party" means the party or third party producing Confrdential
Information and the "Receivin gP arty" means the party, person or entity to whom production
of Confidential Information is made.
2
The term "party" shall mean all named parties to any action m the above- captioned litigation,
including any named parry added or joined in this action.
3
The term "third parry" shall mean any individual, corporation, other natural peffon or
entity, or any state, federal, or local govemment agenry, other than a named party.
4
The term "documents" as used herein is intended to be comprehensive and include
any and all materials in the broadest sense contemplated by Rule 26@) of the Federal
Rutes of Civil Procedure, and shall include all written, oral, recorded, or graphic
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material, however produced or reproduced, including, but not limited to, all written
or printed matter of any kind, computer data, all graphic or manual records or
representations ofany kind, and electronic or mechanical records or representations of
any kind.
5
The term "information" as used herein is intended to be comprehensive and includes
any and all information the Producing Party provides to the Receiving Party by any
means, including testimony from any person obtained by deposition, deposition on
written questions, at hearing, or otherwise.
6
The term "Confidential Information" means: any information of any type, kind, or
character that is designated as "Confidential" by any ofthe supplying or receiving
persons, whether it be a document, information contained in a document, information
revealed during discovery, or otherwise.
7
The term "Confidential Health Information" means any document or information
supplied in any form, including via testimony from any person, or any portion thereof,
which idenffies an individual or subscriber in any manner and that:
a. related to the past, present, or future case, services, or supplies relating
to the physical or mental health or condition ofan individual, the
provision of health care to an individual, or the past, present, or future
payment for the provision of health care to an individual, and;
b. either reveals the identity ofthe specific individual or could reasonably be
used to reveal the identity ofthe specific individual.
Confidential Health Information specifically includes "protected health information"
as such term is defined by the Standards for Privacy of Individually Identifiable
a
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Health Information, 45 C.F.R. Parts 160 and 164, promulgated pursuant to the Health
Insurance Portability and Accountability Act of 1996. See 45 C.F.R 0 160.103
("protected health information" and "individually identifiable health information").
"Confidential Health Information" includes, but is not limited to, health care
information in a personnel fi.Ie, and a patient's dental and orthodontia information
and related care information, medical bills, claims forms, charge sheets, medical
records, medical charts, test results, notes, dictation, invoices, itemized billing
statements, remittance advice forms, explanations ofbenefits, checks, notices, and
requests. "Confidential Health Information" also ilcludes all notes, summaries,
compilations, extracts, abstracts, or oral communications that contain, are based on, or
are derived from Confidential Health Information of a specific individual.
8
This Order shall govem the handling, disclosure, and disposition of all desigrrated
Confidential Information and Confidential Health Information in this case. To the
extent documents and information have been marked and produced prior to the date of
this Order bearing a confidentiality desigrration, such documents and information shall
be afforded the same protections, treatment, and handling as the documents and
information desigrated "Confi dential Health Information" herein.
9
All Confidential Information and Confidential Health Information produced or
exchanged in the course of this litigation may not be used or disclosed for any purpose
other than for this litigation and in accordance with the terms of this Order.
10
Not later than ninety (90) days after final determination of this action, Confidential
Health Information (including all hard copies) produced or exchanged, will be retumed
to the Producing Party or destroyed, and all electronic media containing Confidential
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Health Information will be cleared, purged or destroyed consistent with NIST Special
Publication 800-88, Guidelines for Media Sanitization, such that the Confidential
Health Information can no longer be retrieved by the party to whom the information
was produced. For purposes of this Protective Order, the "final determination of this
action" shall be deemed to be the later of:
a. full settlement of all claims;
b.
final judgment herein after the completion and exhaustion ofall appeals,
rehearings, remands, trials and reviews, if any, of this adion; or
c.
the expiration of all time limits for the filing of or application for all
appeals, rehearings, remands, trials or reviews of this action, including
the time limis for the filing of any motions or applications for extension
of time pursuant to applicable law.
11.
Unless otherwise agreed by the party or third party producing Confidential
Information, not later than ninety (90) days after the final determination of this action,
each party shall retum all Confidential Information in its possession, custody, or
control, and all copies, derivations and summaries thereof, to the party who fumished
it, or certiff in writing that all such documents have been destroyed, provided,
however, that each party may keep one copy of all documents produced herein and
depositions taken herein containing Confidential Information (and not Confidential
Health Information), subject to the provisions of this Protective Order regarding
dissemination thereof.
12
Confidential Information and Confidential Health Information remains confidential
even if the information is contained in documents revealed during depositions, or
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identified within an interrogatory answer. However, Information shall not be regarded
as Confidential Information if it is available or could be made available to the public,
is in the public domain at the time of disclosure, or lawfully becomes part of the public
domain. Confidential Information and materials already in the possession of, or that
may come into the possession of, any branch or agenry of the federal govemment,
including but not limited to the United States Departrnent of Justice and the
Department of Health and Human Services, independent of this lawsuit, and that are,
in that context, free ofany privileged or confidential legal status, shall not be accorded
any greater or additional protected confidential status by any confldentiality
desigrration made in this lawsuit.
13.
Should a document or record contain information that is protected under the terms and
conditions of this Order as well as the terms and conditions of any other Protective
Order entered in the above-captioned litigation, the terms and conditions of this Order
shall govem in the event ofany conflict between the orders unless the Court rules
explicitly otherwise.
14.
It is contemplated that the parties may seek information and documents that are either
(a) trade secret, confidential, proprietary, or which are otherwise private or (b)
documents and information subject to the provisions or the Privacy Act, 5 U.S.C. 0
552a,to the provisions of45 C.F.R 0$ 164.102-1e.534, or to provisions ofil2 U.S.C. $
1306, and there may be no waiver by the patient to produce the records to any entity
outside of the requested or subpoenaed party, all of which is either Confidential
Information or Confidential Health Information. In order to facilitate the production
of Confidential Information or Confidential Health Information and to protect their
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confidentiality, the Producing Parties are permitted to produce information to any
Receiving Party in the litigation in their original, unredacted form. Upon production or
receipt of the information, any party may designate the information as "Confidential"
or "Confidential Health Information" as set forth herein.
15. Receiving Parties may use Confidential Information or Confidenrial Health
Information only for purposes of the above-captioned litigation and may disclose them
to non- parties to this litigation only as specified within this Protective Order and only
if the non-parry sigrrs the form of acknowledgment attached to this Protective Order.
16. Confidential Information and Confidential Health Information produced or
exchanged during this litigation must not be used by or disclosed to anyone other than the
foltowing Qualifi ed Person(s) :
a.
attomeys of record in this litigation, in-house and outside counsel for the named
parties and for the Texas Health and Human Services Commission, outside
counsel, and employees of such attomeys or named parties to whom it is
necessary that the information be used or disclosed for purposes authorized
under this Order and only for the purposes of preparing and presenting evidence
in this litigation or any other state, federal or other governmental investigation
or litigation;
b.
acnral or potential consulting experts or independent technical experts engaged
in this litigation who have executed a Certification attached as
Exhibit A, and actual or potential testiffing expert witnesses in this litigation
who have executed a Certification attached as Exhibit A;
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c.
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the parry or party representatives, in cases where the party is a legal entity,
designated in writing by the party and disclosed to all parties and who have
executed a Certfication attached as Exhibit A;
d. law enforcement personnel who have executed Exhibit A, including but not
limited to:
i)
attomeys general, deputy and assistant attomeys general, andlor any private
counsel retained by such attomeys general or any other competent
govemmental authority, and their employees;
ii)
the Attomey General for the United States of America, subordinate attomeys,
and authorized employees employed by the United States Department of
Justice; or
iii) licensed law enforcement agents and officers and their authorized subordinates
and employees in the employment of a state, federal, or other competent
govemment authority, including, but not limited to, Federal Bureau of
Investigation special agents, Health and Human Services Office of Inspector
General agents, and Medicaid Fraud Control Unit agents.
e. any state, federal, or other competent govemmental authority officials or
employees of any state, federal, or other competent govemmental authoriry
who sigrr the Certfication attached as Exhibit A and to whom it is necessary
that the material be shown for purposes of this litigation;
f.
copy services, graphic support services, document imaging services,
database/coding services, jury consultants, and other similar consultants,
retained by counsel or by a party for purposes of this litigation;
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E. the Court and its authorized staff, court reporters, interpreters, translators and
any special masters andlor mediators, arbitrators, or other similar persons,
appointed by the Court;
h. any witness, provided that the witness does not retain any copy ofthe
Confidential Information or Confidential Health Information;
1. any person who is shown from the face ofthe document as having been the
author or prior recipient of the document; or
j.
any other person authorized to use or disclose Confidential Information or
Confidential Health Information by the Court after notice to all parties and an
oppomrnity to be heard. Counsel for each parry shall maintain a log of all
Confidential Health Information used or disclosed by noting the general
description of the information, the bates ranges, if any, or volume of the
information disclosed, and to whom the information was disclosed. This log
will be considered work product and not subject to discovery;
k.
Ifthis Court so elects, any other person designated as a Qualified Person by
order of this Court, after notice to all parties and a hearing.
l.
as soon as possible following execution, the State will provide copies of any
Certification attached as Exhibit A that is executed by a Qualified Person
described in (d) and (e) of this Parugraph. The provision of Confidential
Information with Qualified Persons described in (a), (b), (c) and (d) of this
Paragraph will not be disclosed except as provided in Paragraph 17.
17.
No Confidential Information or Confidential Health Information may be intentionally
disclosed to any person unless such person fust is given a copy of this Protective Order
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and advised that the information contained in the document is Confidential
Information or Confidential Health Information and informed that an unauthorized
disclosure of the information in the document may constitute a contempt of this Court.
Each person (other than attomeys of record) to whom Confidential Information or
Confidential Health Information is intentionally disclosed purcuant to this Protective
Order shall execute a Certi.fication in the form attached hereto as Exhibit A and shall
agree to be bound by this Order prior to receiving any Confidential Information or
Confidential Health lnformation. Each person executing Exhibit A shall also be
informed that by executing Exhibit A, the person is agreeing to submit to the
jurisdiction of the Court with respect to the enforcement of this Protective Order. At
any request ofthe Court, all ofthese forms or some ofthem as desigrrated shall be
made available to the Court as may be required for the enforcement of this Protective
Order. If the Court requests a Certification that has been executed by a consulting
expert or other person or entity whose identity is not discoverable, the Certification
shall be submitted to the Cottl in camera so as to prevent the disclosure of
undiscoverable information. Copies of the executed Certi-fications shall be retained by
counsel for the party or parties who disclosed the Confidential Information or
Confidential Health Information to such persons. Copies of all Certifications
executed pursuant to this Paragraph shall be disclosed to the parry or third party
who produced or supplied the Confidential Health Information:
a.
within thirty (30) days after the final resolution of this action (including
resolution of all appellate proceedings;
b. within thirty (30) days after the settlement of this acrion, or
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c.
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on good cause shown. Parries agree to retain the Certifications for a period of
not less than five (5) years from the date of the conclusion of this case.
18.
The parties should attempt to prevent the disclosure of Confidential Health lnformation
in depositions by redacting or substituting any individually identifiable information
such as the patient name, address, date of birth, age, phone number, fax number, and
email address. Information containing Confidential Information or Confidential
Health Information used or disclosed at a deposition taken in this litigation may be
designated by any party as containing Confidential Information or Confidential Health
Information by stating on the record at the deposition that all or part of the testimony
contains Confidential Information, Confidential Health Information, or individually
identifiable health information, and may be subject to the provisions of this Order.
19
Ifasked, persons attending depositions must leave the room before discussion ofany
Confidential Information or Confidential Health Information that the person is not
entitled to review under this Order.
20
To the extent possible, the court reporter shall segregate into separate transcrips
information designated as Confidential Information or Confidential Health
Information with blank, consecutively numbered pages provided in a non-desigrrated
main transcript. The separate ranscripts containing Confidential Information or
Confidential Health Information shall have page numbers that correspond to the blank
pages in the main transcript.
2t.
All deposition transcripts shall also be deemed to contain Confidential Information or
Confidential Health Information for a period of thirty (30) days from the date the
transcript is received by a party. Until expiration of the 30-day period, and unless
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otherwise ageed to by the parties, the entire deposition will be treated as subject to
protection against disclosure under this Order. During this period, any party or third
parry wimess may designate information used or disclosed at such deposition as
Confidential Information or Confidential Health Information by notiffing all parties in
writing of the specific pages and lines of the transcript which should be treated as such.
Confidential Health Information so designated shall be underlined within the
deposition uanscript itself and those pages marked with the following legend:
"CONFIDENTIAL HEALTH INFORMATION SUBJECT TO PROTECTTVE
ORDER.' Each parry shall attach a copy of this wriuen Order to the face of the hard
copy or electronic transcript and each copy in any party's possession, custody or
control. When such designation is made with respect to Confidential Health
Information, the confidential portions and exhibits shall be filed in accordance with
Paragraph 23 of this Order. The parties are mindful of their dury to limit such
designation to information that they, in good faith, believe is legally protected. The
terms and conditions of this Order shall apply to all such designated ponions ofany
deposition transcript. Failure to designate any materials as Confidential Information or
Confidential Health Information does not change the character of the information and
shall not constitute a waiver of the assertion.
22
The Court generally discourages requests for filing motions and exhibits under
seal. The parties may agree between themselves to desigrrate documents
"Confidential" during discovery. The typical standard there involves the parties
assessing whether they want that material in the public domain. But filing that material
with the Court under seal is a different matter. Court proceedings are, by and large,
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public matters-and rightfully so given the First Amendment and that tax dollars fund
the courts.r
23.
Here, the parties' agreement takes the form of this Protectiye Order. Federal Rule of
Civil Procedure 26(c) permits the Court to issue a protective order "for good
cause." To assist *re parties in showing good cause here, the Court adds the following
requirements that complement the sealing practices of the Fifth Circuit. A party
seeking to file a specific document under seal must move for leave to do so and: (l)
brief the legal authorities indicating the risks of disclosure outweigh the public's right to
know, and (2) explain that no other viable altemative to sealing exiss. Further, all
facts recited in any such motion must be verified by the oath or declaration ofa person
or persons with personal knowledge.
24
If any party wishes to submit Confidential Information to the Court, the parties shall
request to file the materials under seal, as appropriate and consistent with Fifth Circuit
precedent. See Binh Hoa b r Exaer Fin. Corp.,990 F.3d 410, 417-21 (5th Cir.
2021). 'lhe submission must be filed pursuant to Local Civil Rule 79.3 or in a sealed
envelope bearing the caption of this action and a notice in the following form:
CONFIDENTIAL INFORMATION or
CONFIDENTIAL ATTORNEYS EYES ONLY INFORMATION
[caption]
This envelope, which is being filed under seal,
contains documents that are subject to a Protective
I See Binh Hoa Le v. Exeter Fin. Corp.,990 F.3d 410, 417-21 (5th Cir. 2021); Unired States v. Holy Land Found. for Relief &
Dev.,624 F .3d 685,690 (5th Cir. 2010) ("Public confidence [in our judicial system] cannot long be maintained where important
judicial decisions are made behind closed doors and then announced in conclusive terms to the public, with the record
supporting the court's decision sealed from public view." (alteration in original) (quoting /lr re High Sulfur Content Gasoline
prods. Liab. Litig., 5t1 F.3d220,230 (5th Cir. 200E))): SEC v. Yan llaeyenberghe,990 F .2d 845,849 (5th Cir. 1993) ("Public
access Itojudicial records] serves to promote trustworthiness ofthejudicial process, to curbjudicial abuses, and to provide the
public with a more complete understanding of the judicial system, including a bener perception of its fairness." (alteration in
original) (quoting Littlejohn v. BIC Corp.,851 F.2d 673, 682 (3d Cir. 1988))):see also Brown & Williqmson Tobacco Corp. v.
FTC,'t lO F .2d I I65, I I ?7 (6th Cir. l9E3) (explaining that the First Amendment and the common law limit a court's discretion
to seal records).
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Order goveming the use of confidential discovery material.
No Prejuilice.
25.
Failure to designate Confidential Information or Confidential Health Information as
confidential does not change the character ofthe information as confidential.
Documents containing Confidential Information or Confidential Health Information
previously produced may be retroadively desigrrated as Confidential Information or
Confidential Health Information and deemed so marked by notice in writing within ten
(10) business days of the Producing Parry becoming aware ofsuch disclosure.
Documents unintentionally produced previously or in the future without the
appropriate desigrration may be retroactively desigrrated in the same manner and shall
be treated as Confidential Information or Confidential Health Information from the
date written notice of such designation is provided to the receiving party. As soon as
reasonably possible, the Producing Party shall re-produce the documents with the
proper designation affixed. Upon receipt ofproperly redesigrrated documents, the
Receiving Parry shall retum all unmarked or inconectly designated documents to the
Producing Party within ten (10) business days, or in the altemative, destroy them. The
Receiving Party shall also ensure that all persons to whom it provided copies ofsuch
documents as allowed by this Protective Order either retum or destroy incorrectlydesigrrated documents. The inadvertent or mistaken disclosure of information or
documents subject to the attomey-client privilege, work product doctrine, or other
protection shall be handled in accordance with FRCP 502, other applicable laws and
rules, andlor by any other agreements between counsel.
26
Documents containing Confidential Information or Confidential Health Information to
be inspected shall be reated as Confidential Information or Confidential Health
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Information during inspection. Inspected documents containing Confidenrial
Information or Confidential Health Information may be marked at the time of copying
for the Receiving Parties. Documents to be inspected that have not yet been so
desigrrated or marked may be designated by letter until the appropriate legends can be
applied.
27.
All Confidential Health Information provided to a Receiving Party shall be maintained
securely, with adequate safeguards, as required by HIPAA, in the ofEces of counsel of
record. 45 C.F.R. Sections 164.530(cXl), 1fl.308, 1&.310, 164.312. Any documents
containing Confidential Information or Confidential Health Information used by or
disclosed to persons identified in Paragraph 16 shall be maintained securely with
adequate safeguards to assure against dissemination or disclosure in violation of the
provisions ofthis Protective Order, as defined above. Copies of documents or
exhibis containing Confidential Information or Confidential Health Information
may be made or prepared by independent copy services or printers for the purpose of
this litigation only if the vendors agree to the terms and conditions of this Order.
28
Nothing herein shall prevent use or disclosure beyond the terms of this Order if the
parties agree to a revised or amended Order for the Court's consideration, or if an
individual who is the subject of the Confidential Health Information authorizes such
use or disclosure consistent with HIPAA and Medicaid, or, if the Court, after notice to
the affected parties, orders such use or disclosure. Nor shall anything herein prevent
any counsel of record from utilizing Confidential Information or Confidential Health
Information produced or exchanged in this litigation during the interview or
examination of any testifoing wimess who is a) indicated on the document as being an
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author or source, b) a recipient ol or c) an expert on the Confidential Information or
Confidential Health Information, irrespective ofwhether any party produced such
information.
29.
A party shall not be obligated to challenge the propriety of the desigrr.ation of
information as Confidential Information or Confidential Health Information at the
time the designation is made and failure to do so shall not preclude a subsequent
challenge. In the event that any party to this litigation disagrees at any point in these
proceedings with a confidentiality designation by another party, the disagreeing party
may so state in a written objection to the desigrrating party. The parties shall attempt to
resolve such dispute in good faith on an informal basis. If the parries cannot resolve the
dispute within fourteen (14) days of service of a written objection, or such other time as
the parties may agree ir writing, the desigrrating parry shall be required to move the
Court for an order preserving the designated status ofsuch information. Failure to file
a motion with the Court by the fourteenth day following the written objection, or
such other time as the parries may agree in witing, shall terminate any restrictions
and nullifu the desigrration. In the event the desigrrating party timely files a motion to
preserve the disputed confidentiality designations, the information, documents, or
materials specified in such motion shall continue to be protected under this Order until
the Court rules on the motion or the parties informally resolve the issue. The party that
desigrrated the information as containing "Confidential Information" or "Confidential
Health Information" shall have the burden of demonstrating the propriety of its
desigration.
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To the extent this Order restricts use or disclosure of Confidential Information or
Confidential Health Information during this litigarion, such Order shall continue to be
binding after the conclusion of this case.
3l
This Order shall not bar an attomey of record from rendering advice to his client with
respect to this litigation or from conveying an evaluation ofthe Confidential
Information or Confidential Health Informarion in general, without using or
disclosing Confidential Information or Confidential Health Information produced or
exchanged herein; provided, however, that in rendering such advice and otherwise
communicating with the client, the attomey shall not disclose Confidential
Information or Confidential Health Information produced by another party or third
party herein if the use or disclosure would be contrary to the terms of this Order,
unless the client is otherwise permitted by law to use or disclose the Confidential
Information or Confidential Health Information. This provision shall not be used to
circumvent any requirements of this Protective Order.
32.
Should any party bound by this Order receive a subpoena, civil investigative demand,
or other process from a third parry seeking, requestilg, or requiring disclosure of
Confidential Information or Confidential Health Information in any form, such person
shall give notice immediately to the producing party so that the producing party may
seek appropriate relief, if any. Notice shall be made within ten (10) days of the
request for production and shall be in writing. Notice to HHSC shall take the form of
written notification to the Office of the Attomey General, Civil Medicaid Fraud
Division. No person bound by this Order who receives a subpoena, civil investigative
demand, other process from a third-party seeking, requesting, or requiring the
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disclosure of Confidential Information or Confidential Health Information shall
produce or disclose such documents or information unless and until (a) ordered by a
court having competent jurisdiction, or O) such production or disclosure is in
accordance with the provisions herein and is expressly consented to by the Producing
Party.
33.
Notwithstanding any provision of this Order to the contrary, in accordance with any
applicable Federal, State, or Local laws that affcrd heightened protection to certain
categories of Confidential Health Information including, but not limited to, records or
diagrrosis or treatment for alcohol or substance abuse, certain sexually transmitted
diseases such as HIV/AIDS, mental health, and research pertaining to genetic testing,
the Producing Party may completely exclude from production any information
afforded heightened protection by such Federal, State, or Local laws. To the extent the
Producing Party excludes from production any such information or withholds
documents from production on grounds enumerated in this paragraph, it shall provide
prompt written notice to the Receiving Party unless such notification would serve to
identify the person to whom the records or diagrroses or treatment pertains.
34
Nothing in this Order shall affect the rights of the parties or third parties to object to
discovery on grounds other than those related to the protection of Confidential
Information or Confidential Health Information, nor shall it preclude any party or third
party from seeking further relief of protective orders from this Court as may be
appropriate under the Federal Rules ofCivil Procedure. Any person requiring
further protection of Confidential Information or Confidential Health Information
may petition this court for a separate order goveming the disclosure of is information.
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Nothing herein shall prevent disclosure beyond the terms of this Protective Order if
each party designating the information as confidential, the producing parry, and any
other affected parties, consent to such disclosure, or if the Court, after notice to all
affected parties and an opportunity to be heard, orders such disclosures. Nothing
herein shall prevent any counsel ofrecord from utilizing Confidential Information or
Confidential Health Information in the examination or cross examination of a witness
at a deposition, hearing, or trial in this litigation.
36
A party may seek the written permission of the producing parry or order of the Court
with respect to dissolution or modification of any part of this Order. The parties may,
by stipulation, provide for exceptions and modifications to this Order, in compliance
with applicable law.
37.
To the extent the provisions of this Order or any prior Protective Orders entered in this
action restrict the communication and use of the documents produced thereunder,
such orders shall continue to be binding after the conclusion of this litigation, provided
that: (a) there shall be no restriction on documents that are used as exhibits in Court
unless such exhibis were ordered sealed by the Court, or temporarily sealed by the
Court upon motion as referenced in Paragraph 25, and O) a prty may seek the written
permission of the Producing Party or order ofthe Court with respect to dissolution or
modification of such orders. Information that has become a matter of public record
or are otherwise no longer confidential shall not continue to be subject to the terms of
this Order after termination of this litigation
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Case 5:23-cv-00210-H
Document 39
Filed 05/13/25
Page 19 of 19
PageID 577
38. Any parry may seek an order of this Court modiffing this Protective Order, including a
request for heightened protection for documents or information that are identified by a
party as needing such protection.
so ordered onWay{Zc, 2025.
WESLEY HENDRIX
STATES DISTRICT JUDGE
-19-