Civil Action No. 99-2496 (GK).
October 21, 2004
Order No. # 692 FINDINGS AND ORDER ON EXHIBITS RELATING TO PERSONNEL EVALUATIONS CONTAINING CONFIDENTIAL PERSONAL PRIVACY INFORMATION
Upon consideration of the Philip Morris Defendants' Amended and Supplemental Notice of Protection at Trial of Specified Trial Exhibits and Designated Prior Testimony, the Motion and Memorandum in Support of an Order Requiring Redaction of Certain Personal Information From Documents To Be Introduced at Trial filed on October 7, 2004, the absence of any Opposition and the entire record herein, it is this 21st day of Oct., 2004, hereby
ORDERED that the Philip Morris Defendants' request to protect from disclosure at trial personal privacy information is granted based on the following findings:
1. The parties have designated trial exhibits relating to personnel evaluations of a former Philip Morris USA Inc. ("PM USA") employee. These exhibits, JD-045747, JD-049967, JD-049968, JD-049969, JD-049970, JD-053393, U.S. 45737, U.S. 45743, U.S. 76997, and U.S. 77667, contain confidential personal privacy information about the employee's job performance and describe the reasons for his dismissal from employment at PM USA.
2. The Philip Morris Defendants seek protection at trial of the confidential personal privacy information that is included in these exhibits.
3. The employee is not a party to this litigation.
4. The pages of the exhibits on which this personal privacy information appears were produced as Confidential pursuant to Order # 7 and have been maintained as Confidential in this litigation.
5. The information in these exhibits is personal to the employee and should be maintained as Confidential absent the employee's specific permission to release it. The employee has not given such permission. There is no genuine public need or interest in the disclosure of this personal information.
6. Conversely, public disclosure of this personal privacy information will pose a significant risk of injury to the individual.
It is therefore ORDERED that:
1. At the time that any of these exhibits, JD-045747, JD-049967, JD-049968, JD-049969, JD-049970, JD-053393, U.S. 45737, U.S. 45743, U.S. 76997, and U.S. 77667, is to be used at trial or the information in these documents is to be described during the course of trial, the proceedings shall be closed to all persons but those permitted under Order # 638 to view Confidential documents, and the transcript of the Trial Proceeding during which this Confidential information was discussed shall be marked and handled in accordance with Order # 638 ¶ 5(e).
2. All the provisions of Order # 638 with respect to Confidential documents shall be observed with respect to the exhibits listed above.