51382 Gratiot Avenue Holdings, LLC v. Chesterfield Development Company, LLC

Filing 65

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
51382 Gratiot Avenue Holdings, LLC, a
Maryland limited liability company,

Case No: 2:11-cv-12047
Honorable Robert H. Cleland

Plaintiff/Counter Defendant,
Magistrate Judge Mark A. Randon
vs.
Chesterfield Development Company L.L.C.,
a Michigan limited liability company, and
John Damico, an individual, jointly and
severally,
Defendants/Counter-Plaintiff,
Morgan Stanley Capital, Inc., a New York
corporation,
Third-Party Defendant.

STIPULATION
The parties, by and through their undersigned Counsel, stipulate to entry of the attached
Protective Order.
We stipulate to entry of this Order:
MILLER, CANFIELD, PADDOCK AND
STONE, P.L.C.

JAFFE, RAITT, HEUER & WEISS, P.C.

By:

/s/ James L. Allen
James L. Allen
Attorneys for Plaintiff

By:

Dated: September 21, 2011

Dated: September 21, 2011

/s/ Peter M. Alter
Peter M. Alter
Attorneys for Defendants

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
51382 Gratiot Avenue Holdings, LLC, a
Maryland limited liability company,

Case No: 2:11-cv-12047
Honorable Robert H. Cleland

Plaintiff/Counter Defendant,
Magistrate Judge Mark A. Randon
vs.
Chesterfield Development Company L.L.C.,
a Michigan limited liability company, and
John Damico, an individual, jointly and
severally,
Defendants/Counter-Plaintiff,
Morgan Stanley Capital, Inc., a New York
corporation,
Third-Party Defendant.

PROTECTIVE ORDER
It is hereby stipulated and agreed by and between the respective parties hereto and their
counsel, and ordered by the Court, that certain materials and information produced by Plaintiff in
this matter for discovery and inspection are subject to the following terms, restrictions and
conditions:
1.

In responding to written discovery, a party may designate as confidential any

portion of its responses or documents produced that contain confidential commercial information
involving non-parties to this action. If so designated, testimony and other information based
upon documents so designated shall be considered confidential and subject to this protective
order.
2.

In the event that any party to this agreement disagrees with the designation of any

item as confidential and subject to this protective order, that party shall send a written notice to

opposing counsel specifying the item(s) in question.

If an agreement cannot be reached

concerning the confidentiality of the item(s), the designating parties shall within 7 days of being
so notified file a motion with the Court seeking a determination that the item(s) is in fact
“confidential”. If such a motion is filed, any item(s) in dispute shall continue to be treated as
confidential and subject to this protective order until such time as the Court rules that it is not.
3.

Any documents or information subject to this protective order shall be disclosed

only to counsel of record in this action, and to individuals employed by or assisting counsel in
this action, including preparation for, or at the trial of, this action, such individuals also include
expert and other potential witnesses.
4.

Any documents or information subject to this protective order shall be used only

for the purpose of prosecuting this action.
5.

Any person or firm to whom such documents or information contained therein is

to be disclosed shall first be advised by counsel making the disclosure that, pursuant to this
protective order, such person or firm may not divulge any such information to any other person,
except in accordance with this protective order.
6.

In the event that any document or the information contained therein is included

with, or the contents thereof are in any way disclosed, in any pleading, motion or other paper
filed or submitted with the Court, such confidential document or information shall be kept
confidential and/or under seal until further order of the Court. The parties commit to use all
reasonable efforts to achieve the goal of confidentiality. Upon good cause shown, the Court may
order that the use of any such document or of information contained therein and any testimony
associated with the confidential information contained therein be undertaken in camera.

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7.

The production of such documents or information by a party shall not constitute a

waiver of any right of confidentiality that it/he may have.
8.

Upon request of counsel for a party made not less than 30 days before the

termination of this action nor more than 90 days after the termination of this action, the other
party’s counsel shall if so requested return to the requesting counsel within 60 days of the request
all copies of documents subject to this protective order that are furnished in this action, together
with all originals and copies thereof furnished by a party (and, if available, any copies furnished
to any expert witnesses), together with a letter that, to the best of the writer’s knowledge, all
documents and copies of such documents that were provided to such party have been returned to
the opposing party. In the event that a third party retains copies, of confidential information, in
violation of this protective order, opposing counsel will provide to the requesting counsel the
name and address of all such third parties.
ENTERED this 22nd day of September, 2011.

s/Robert H. Cleland

United States District Judge
19,390,696.7\131315-00084
09/21/11 4:21 PM

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