Order on Defendant’s Motion for Protective Order

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An Order on Defendant’s Motion for Protective Order, Document 60 dated December 22, 2021, in Roberta Lancione, et al. v. Mass General Brigham Incorporated, Civil Action No. 21-11686-FDS, United States District Court, District of Massachusetts, signed by Chief Judge F. Dennis Saylor IV. The Court grants defendant’s motion (Docket No. 49) in part, finding a legitimate interest in keeping confidential the identities of members of its exemption committees. The order lets identifying information be disclosed to plaintiffs’ counsel, limits what named plaintiffs may receive, and bars its use in public court filings absent further order. It excludes the identities of Dr. Dean Hashimoto, Ramona Nichols, and Dr. Michael Klompas and attaches an acknowledgement form as Exhibit A.

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

_______________________________________

)
ROBERTA LANCIONE, et al.,
)

)

Plaintiffs,
)

)

v.
)
Civil Action No.

)
21-11686-FDS
MASS GENERAL BRIGHAM
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INCORPORATED,
)

)
Defendant.
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_______________________________________)

ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER
SAYLOR, C.J.
For good cause shown, defendant’s motion for a protective order (Docket No. 49) is
granted in part.  The Court finds that defendant has a legitimate concern that its exemption
committee members could be subjected to threats, harassment, or worse, given the divisive and
emotionally charged issue of COVID-19 vaccination, and that defendant accordingly has a
legitimate interest in maintaining the confidentiality of the identities of those members.  That
interest, however, must be balanced against the legitimate interests that plaintiffs have in
obtaining appropriate discovery as to their claims of religious and disability discrimination.  This
protective order is intended to balance those interests in order to maximize the protection of
those identities while permitting a reasonable degree of client participation in the discovery
process.
1.
Disclosure to Counsel.  Identifying information concerning the members of Mass
General Brigham’s medical and religious exemption committees may be disclosed to counsel for
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plaintiffs.  Counsel shall not use or disclose that identifying information for any purpose other
than litigation of this matter, and only as may be reasonably necessary to conduct this litigation.
2.
Disclosure to Named Plaintiffs.  Individual named plaintiffs may only receive
identifying information concerning the members of the committee who reviewed their specific
application, and only as directed in this order.  Such identifying information may be provided to
an individual plaintiff only orally or telephonically, and shall not be provided by other electronic
media or in paper form.  No individual plaintiff shall be permitted to discuss or otherwise reveal
identifying information concerning such members to anyone other than counsel, for any reason,
and by any means.  In particular, and without limitation, plaintiffs may not disseminate
identifying information of committee members orally, telephonically, in writing, on social
media, by e-mail, or by any other electronic means.
3.
Acknowledgement Form.  Each plaintiff who seeks to learn identifying
information concerning any member who voted to deny his or her exemption under the
conditions of this order must first sign a copy of the attached acknowledgement form, Exhibit A,
attesting that he or she will comply with the protective order and not disclose this information to
anyone other than their counsel.
4.
Other Employees.  The identities of other Mass General Brigham employees
who received either a medical or religious exemption, or both, if otherwise relevant and
discoverable, may only be disclosed to counsel for plaintiffs.  Such information should be
designated as “for attorneys’ eyes only” and may not be disseminated or disclosed to any
individual named plaintiff without a Court order.
5.
Public Court Filings.  The parties shall not disclose identifying information
concerning the committee members or employees who received a COVID-19 vaccination
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exemption in any public court filings, absent further Court order.
6.
Exclusions.  For purposes of this order, the identities of Dr. Dean Hashimoto,
Ramona Nichols, and Dr. Michael Klompas shall be excluded, as they were previously identified
by Mass General Brigham during this litigation.
7.
Potential Sanctions.  This order shall be effective immediately, and shall be
enforceable, among other ways, through the contempt powers of the Court.
So Ordered.

/s/ F. Dennis Saylor IV

F. Dennis Saylor IV
Dated: December 22, 2021
Chief Judge, United States District Court

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EXHIBIT A
ACKNOWLEDGEMENT
______________________ declares that:
I reside at ______________________ in the city of ______________________, county
_______________, state of _______________________.
I am a named individual plaintiff in the civil action titled Together Employees et al. v.
Mass General Brigham, Inc., Case No. 21-11686-FDS, pending in the United States District
Court for the District of Massachusetts.
I was denied a COVID-19 vaccination exemption from Mass General Brigham’s:
Medical Exemption Review Committee [__];
Religious Exemption Review Committee [__];
Or both committees [__].
I have read and understand the terms of the Protective Order dated December 22, 2021,
entered in Together Employees et al. v. Mass General Brigham, Inc.
I agree to comply with and be bound by the provisions of the Protective Order.  I agree
that I may only review identifying information concerning the committee members who
reviewed and denied my COVID-19 vaccination exemption request, in the format and under the
conditions specified by the Protective Order.  I agree not to discuss or otherwise reveal that
identifying information to anyone other than counsel, for any reason, in any manner or method.
In particular, and without limitation, I agree not to disseminate the identifying information orally,
telephonically, in writing, on social media, by e-mail, or by any other electronic means.
I understand that any violation of the Protective Order may subject me to sanctions by the
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Court, which could include fines or incarceration.  I shall not copy or use the identifying
information except for the purposes of this action and pursuant to the terms of the Protective
Order.
I submit myself to the jurisdiction of the United States District Court for the District of
Massachusetts for the purpose of enforcing or otherwise providing relief relating to the
Protective Order, even if such enforcement proceedings occur after termination of this action.  I
hereby appoint my counsel, _______________________ of _____________________________
____________________________________________ as my Massachusetts agent for service of
process in connection with this action or any proceedings related to enforcement of this
Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.

Date:______________

Signature: _________________________________

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