GORTON, J.
This case arises out of the employment of the plaintiff, John M. Tebo ("Tebo"), by the United States Postal Service ("USPS"). Tebo worked for the USPS as a Rural Carrier assigned to the Westborough, Massachusetts facility. He filed a complaint before the USPS Equal Employment Opportunity Office alleging violations of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and the Americans with Disabilities Act, 42 U.S.C. § 12111 et seq. That action is still pending in that agency.
In addition to pursuing his claim in the appropriate agency, Tebo filed a similar complaint against the USPS (specifically, the Postmaster General) in this Court. As part of this case, he has filed a motion for a temporary restraining order and for a preliminary injunction seeking an order from the Court prohibiting the USPS from terminating his employment and transferring him to another position in the Westborough facility.
The government has not yet filed a response to the motion for a preliminary injunction, presumably because of the parties' failure to agree on the content of a protective order for Tebo's relevant psychiatric records. Pending before the Court is Tebo's motion for such a protective order (Docket No. 2) and the defendant's motions to compel the production of Tebo's psychiatric records (Docket No. 19) and to extend the time to answer or otherwise respond to (and to delay any hearing of) the motion for a preliminary injunction (Docket No. 21).
I. Motion for a Protective Order
The parties agree that Tebo must produce the psychiatric records at issue. The plaintiff argues that such production should not, however, be required until an appropriate protective order is in place. The Court agrees and, in the absence of an agreement, imposes the following Protective Order:
1. Any documents that the parties wish to be subject to this Protective Order will be marked by the parties as "CONFIDENTIAL", thus rendering them subject to the provisions of this Protective Order.
2. All "CONFIDENTIAL" materials will be used solely for the purpose of the present litigation, including this federal court litigation and all administrative claims or proceedings between the parties, and may not be used or disclosed for any other purpose.
3. Defendant's counsel may disclose "CONFIDENTIAL" materials to defendant's agents when necessary to participate in the litigation of this matter. Prior to such disclosure, the defendant's agents shall be made aware of the terms of this Protective Order and be bound by it. Defendant's counsel shall also be permitted to disclose "CONFIDENTIAL" materials to experts, and other attorneys, paralegals and support staff in the office of the defendant's counsel.
4. The parties and their counsel and those persons bound by this Protective Order are barred from disclosing in any way or releasing to the public any "CONFIDENTIAL" materials so designated.
5. Subject specifically to the provisions of Local Rule 7.2, this Court shall keep under seal copies of "CONFIDENTIAL" documents properly filed in this case.
6. The terms of this Protective Order shall remain in full force and effect until modified by agreement of the parties and by an Order of this Court and shall otherwise continue until thirty (30) days after the termination of this litigation, and in accordance with the provisions of Local Rule 7.2.
7. All "CONFIDENTIAL" materials provided by the plaintiff to the defendant shall be returned to plaintiff's counsel upon her request at the conclusion of the litigation, and all administrative claims proceeding between the parties, whichever last occurs.
II. Motion to Compel
An appropriate Protective Order having now been imposed, the plaintiff is directed to provide a copy of the psychiatric records at issue, after duly marking the same, to the defendant's counsel within ten (10) days of the date of this Order.
III. Motion to Extend Time to Respond
Because the defendant cannot reasonably be expected to respond to the plaintiff's motion for preliminary injunction until he has had adequate time to prepare therefor, defendant's motion to extend the time to answer or otherwise respond and to delay any hearing on the preliminary injunction will be allowed.
ORDER
For the reasons set forth in the Memorandum above:
1. the motion of the plaintiff for a protective order (Docket No. 2) is ALLOWED and the Protective Order as set forth above will apply to all proceedings in this case;
2. the motion of the defendant to compel the production of the plaintiff's psychiatric records (Docket No. 19) is ALLOWED, such records, subject to the Protective Order, to be produced within ten (10) days of the date of this Order; and
3. the motion of the defendant to extend the time to answer or otherwise respond and to delay any hearing on the preliminary injunction (Docket No. 21) is ALLOWED.
The parties shall appear before this Court for a hearing on the pending motion for a preliminary injunction on Wednesday, September 6, 2000 at 11:30 a.m.
So ordered.