Harris v. Shiawassee, County of et al

Filing 12

STIPULATED PROTECTIVE ORDER Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
________________________________
LARRY D. HARRIS,
Plaintiff,
CASE NO: 2:11-cv-10318
v.
HON. GEORGE CARAM STEEH
COUNTY OF SHIAWASSEE, a Municipal Corporation,
OFFICER WILLIAM KNICKERBOCKER,
OFFICER TERRY KRAMER, OFFICER BRIAN SHIPMAN,
in their individual capacities.
Defendants.

STIPULATED PROTECTIVE ORDER

This matter having come before the Court and the Court being informed that the parties have
stipulated to the following conditions governing certain materials which may be exchanged between
them during the course of this action 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 a party to this action (either the
“designating party” or the “producing party”) in good faith believes constitutes the proprietary or
confidential information of itself or a third party (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 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 within 14 days
of receipt of the transcript of the designating party. The entire transcript shall be treated as
confidential information during the 14-day period following its receipt.
2.

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.
3.

Right to Challenge Confidential Designation. Either party may challenge the

confidential nature of any information designated as confidential information by another party by
filing a motion to that effect with the Court. Prior to the hearing date the parties shall endeavor to
work in good faith toward resolving the issues in dispute in any such motion.
4.

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

information which:
a.
b.

Becomes available to the public after disclosure to the receiving party
through no fault of the receiving party; or which

c.

5.

Is available to the public at the time of disclosure to the receiving party;

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.

Treatment of Confidential Information. All confidential information shall be used

only for the purposes of this litigation and shall not be a disclosed to anyone other than parties to
this action, their counsel, and persons whom a party to this action in good faith believes may call
as witnesses at trial and court officials including mediators, except as provided below.
6.

Distribution of Confidential Information. Notwithstanding the preceding provision,

confidential information may be distributed to outside experts whose services ounsel intends to
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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.
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, an addressee or a person who received a copy of the same.
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.

Dispute Resolution. To the extent that counsel in good faith believes disclosure of

confidential information other than as allowed by this Order is required to prepare its case for trial,
such counsel shall give written notice to his opponent after which both counsel agree to work in
good faith to resolve the issue informally. Should informal resolution not be agreed upon in writing
within 5 days of such notification, counsel desiring such disclosure may move this Court for an
Order specifically dealing with the disclosure at hand, in which case no such disclosure shall be
made until the motion is decided and only then in conformance with the Court’s ruling.
10.

Procedure on Termination of Lawsuit. 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 party who
then possess it; or (b) be returned to the producing party. In either case, all copies, notes and extracts
from the confidential information shall be destroyed.

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11.

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 future Order of the Court.
IT IS SO ORDERED.
S/George Caram Steeh
Honorable George Caram Steeh
U.S. District Judge
Dated: August 2, 2011

APPROVED FOR ENTRY:

Dated: August 1, 2011

/s/ Kenneth D. Finegood
Kenneth D. Finegood (P36170)
Attorney for Plaintiff

Dated: August 2, 2011

/s/ Allan C. Vander Laan
Allan C. Vander Laan (P33893)
Attorney for Defendants

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