Megivern v. Glacier Hills Incorporated

Filing 19

STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TAIMI MEGIVERN,
Plaintiff,

Case No. 11-cv-10026

v.

Hon. Robert H. Cleland

GLACIER HILLS, INC.,
a Michigan Nonprofit Corporation,

Mag. Mark A. Randon

Defendant.
______________________________________________________________________________
BRUCE T. WALLACE (P24148)
DAVID M. BLANCHARD (P67190)
ANGELA L. JACKSON (P53930)
NACHT, ROUMEL, SALVATORE,
HOOPER, HATHAWAY, PRICE,
BLANCHARD & WALKER, P.C.
BEUCHE & WALLACE
Attorney for Plaintiff
Attorneys for Defendant
101 N. Main Street, Ste. 555
126 S. Main Street
Ann Arbor, MI 48114
Ann Arbor, MI 48104
[phone]
[phone]
[e-mail]
[e-mail]
[e-mail]
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
At a session of said Court, held in the United States
District Court for the Eastern District of Michigan,
Southern Division on 9/22/2011
Present: ROBERT H. CLELAND
United States District Court Judge
This matter having come before the court by way of the parties’ stipulation and the Court
otherwise being fully informed about this matter;

IT IS HEREBY ORDERED:
1.

Scope of this Order. This Order shall govern the production, use and maintenance

of all information produced in discovery in this matter which identifies, relates and/or pertains to
residents of Glacier Hills (current and former), and employees of Glacier Hills (current and
former). (collectively, “confidential information”). All confidential information shall be marked
or stamped “confidential.” In lieu of stamping documents “confidential,” counsel may identify
as “confidential” documents or groups of documents in a writing which clearly and plainly
identifies the documents and/or information being designated as confidential information.
Deposition testimony may be designated as confidential information either specifically in the
record at the deposition or by letter between Counsel as provided above within 30days of receipt
of the transcript by the designating party. The entire transcript shall be treated as confidential
information during the 30 day period following its receipt. Any information, produced by the
parties prior to entry of this Stipulated Protective Order may be designated as confidential
information within 30 days after entry of this Stipulated Protective Order.
2.

Third Party Discovery. Absent further order of the Court or consent of the

parties, persons who are subject to subpoena, deposition or other discovery mechanism shall be
provided a copy of this order and shall have the same rights to designate confidential,
proprietary, or business secret information as those set forth with regard to parties in paragraph 1
above. Furthermore, within 30 days of production, any party to this litigation may designate
third party production as confidential by providing notice of such determination, to all other
parties.

S:\Cleland\JUDGE'S DESK\Lisa's Folder\11-10026 Stipulated Protective Order Final.docx

2

3.

Use of Confidential Information.

Confidential information produced in this

action shall be used by the parties solely for the preparation and presentation of their respective
cases for trial and accordingly shall not be disclosed to third parties, or used for any other
purpose, without prior agreement between the parties, in writing. All confidential information
filed with the court shall be filed under seal.
4.

Right to Challenge Confidential Designation and Dispute Resolution. In the event

that counsel for the parties at any time believe that Confidential Material should cease to be so
designated, such counsel shall so notify counsel for the designating party. Counsel for the
challenging and designating parties shall confer in good faith within ten business days of such
notification in an effort to resolve the matter by agreement. If agreement is not reached within
ten business days thereafter, the designating party shall have the burden of moving and may
move upon proper notice within thirty days to obtain an appropriate protective order and/or
modify this one. In the event that such a motion is made, any disputed Confidential Material
shall remain subject to and protected by this Order until such motion is resolved.
5.

Exclusions from Scope of Order. This Order shall not apply to any confidential

information which:
c.

The receiving party can show as a matter of written record was
independently developed by the receiving party or was received by the
receiving party from a third party having the right to make such
disclosure.

Notwithstanding the provisions of this Order, a party to this action may disclose
confidential information if ordered by a court of competent jurisdiction to do so or if required by
law to do so.

S:\Cleland\JUDGE'S DESK\Lisa's Folder\11-10026 Stipulated Protective Order Final.docx

3

6.

Distribution of Confidential Information.

Confidential information may be

distributed to outside experts or witnesses whose services Counsel intends to utilize in
preparation for the case for trial, PROVIDED HOWEVER that before receiving the confidential
information, any such expert first agrees to use and maintain the confidential information
consistent with the provisions of this Order. Prior to distributing confidential information under
this paragraph, Counsel shall provide the designating party with five days written notice. Each
expert or witness who receives confidential information shall agree in writing to be bound by this
Order by signing the attached Exhibit A and returning it to counsel for the designating party.
7.

Prior Recipients of Confidential Information. Notwithstanding the provisions

above, the confidential information may be disclosed to any person identified on the confidential
information as its author, or addressee.
8.

Disclosure by Designating Party.

Nothing in this Order shall prevent a

designating party from disclosing confidential information it has designated unless such
information has also been designated as confidential by another party to this action in which case
all parties shall treat the confidential information consistent with the terms of this order without
regard to this paragraph.
9.

Procedure on Termination of Law Suit. Upon final termination of this action by

judgment (unless appealed from), or settlement, or upon final disposition of an appeal, at the
option of the producing party, all confidential information shall either: a) be destroyed by the
part who then possesses it; or b) be returned to the producing party; or c) kept in confidence in
the file of the attorney.

S:\Cleland\JUDGE'S DESK\Lisa's Folder\11-10026 Stipulated Protective Order Final.docx

4

10.

Modification of Order. The provisions of this Order or their application to any

discovery information, including specifically any confidential information, may be modified by
stipulation of the parties or by further Order of the Court.
IT IS SO ORDERED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 22, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 22, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\Lisa's Folder\11-10026 Stipulated Protective Order Final.docx

5

EXHIBIT A

TAIMI MEGIVERN,
Plaintiff,
vs.

File No. 11-cv-10026-RHC-MAR
Hon. Robert H. Cleland
Magistrate Mark A. Randon

GLACIER HILLS, INC., a
Michigan non-profit corporation,
Defendant.
/
DECLARATION

I, ______________________________________________, hereby declare as follows:
I reside at
.
I hereby acknowledge that I am to receive documents or information pursuant to the
terms of the Confidentiality Stipulation and Order (the “Confidentiality Order”) in Taimi
Megivern v. Glacier Hills, Inc., File No. 11-cv-10026-RHC-MAR (E.D. Mich.) (the “Action”). I
agree to submit to the jurisdiction of this Court for proceedings involving allegations of my
violation of this Order. I certify that I have read and understand the Confidentiality Order and
agree to be bound by its terms.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed on the _____ day of _____________, ______.

By:______________________________

6

7

STIPULATION
Stipulated and Agreed To
As In Content and Form:
Respectfully submitted,
NACHT, ROUMEL, SALVATORE,
BLANCHARD & WALKER, P.C.

HOOPER, HATHAWAY, PRICE,
BEUCHE & WALLACE

s/David M. Blanchard________________
DAVID M. BLANCHARD (P67190)
Attorney for Plaintiff
101 N. Main Street, Ste. 555
Ann Arbor, MI 48114
[phone]
[e-mail]

s/Angela L. Jackson_________________
ANGELA L. JACKSON (P53930)
Attorney for Defendant
126 S. Main Street
Ann Arbor, MI 48104
[phone]
[e-mail]

Dated: September 21, 2011

Dated: September 21, 2011

Order prepared by:
s/Angela L. Jackson____________
ANGELA L. JACKSON (P53930)
Attorney for Defendant
[phone]

8