Great American Assurance Company v. Alexander & Angelas et al

Filing 24

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION
GREAT AMERICAN ASSURANCE
COMPANY,
Plaintiff,
v

Case No.: 13-12081
Honorable Robert H. Cleland

ALEXANDER & ANGELAS, P.C., a
Michigan professional corporation, and
PETER A. ANGELAS, an individual,
Defendants.
_______________________________________________________________/
MADDIN, HAUSER, WARTELL, ROTH &
EDWARD G. LENNON PLLC
HELLER, P.C.
Edward G. Lennon (P42278)
Harvey Heller (P27351)
Attorney for Plaintiff
Karen Libertiny Ludden (P48815)
355 S. Old Woodward, Ste. 100
Julie Chenot Mayer (P39532)
Birmingham, MI 48009
David M. Saperstein (P49764)
[phone]
Attorneys for Defendants
28400 Northwestern Hwy., 3rd Floor
Southfield, MI 48034
[phone]
______________________________________________________________/
STIPULATED PROTECTIVE ORDER
At a session of said court held in the City of Detroit,
County of Wayne, State of Michigan
on November 15, 2013
Based upon the stipulation of the parties, as evidenced by the signatures of their
attorneys below:
IT IS HEREBY ORDERED THAT:
1.

Designation of Materials as Confidential. Any party in this matter may

designate as “Confidential” such documents and/or information produced by them or by
any third party during the course of discovery which they deem to be of a confidential
nature. The primary purpose of this order is to protect certain financial, proprietary and

confidential information contained in the parties’ documents. Designated documents
and/or information shall be used only for and in connection with this matter and as set
forth in this Protective Order.
2.

Designation of Materials as Confidential Shall be Reasonable and in Good

Faith. A designation shall constitute a representation by the party and its counsel that
they, in good faith, believe that the material so designated contains or constitutes
information which is properly the subject of this Protective Order. The party producing
documents or information designated as confidential (or that wishes the designation to
be made as to documents produced by a third party) will make the designation only as
to those documents that he or she reasonably believes contains confidential
information. Any party shall have the right to object to the designation of documents or
information as confidential and seek appropriate relief from the Court. However, until
further order of the Court, those documents or information shall continue to be treated
as Confidential under this Protective Order.

On any motion regarding claims of

confidentiality, the party claiming confidentiality shall have the burden of establishing
that the document is indeed of a confidential nature entitled to protection.
3.

Documents to be Stamped Confidential. Documents

or

portions

of

documents may be designated as Confidential by stamping or otherwise marking the
document or the portion of the document “Confidential.”

Documents need not be

designated “Confidential” at the time such documents are made available for inspection,
but may be so designated at the time copies are produced.
4.

Deposition Testimony Designated Confidential. Any party may designate

the deposition of any of its employees, agents, officers or directors (past or present) or
any portion thereof (including exhibits) as “Confidential” by stating orally on the record at
the deposition, hearing or trial that certain information or testimony is “Confidential.” A
party may also designate deposition testimony as “Confidential” by advising the court
reporter and all parties of this designation in writing within 14 days after the receipt of
the transcript by counsel for the deponent. The court reporter shall be advised by

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counsel to limit the distribution of the “Confidential” transcript to the parties, the
deponent and their respective counsel.
5.

Later Confidential designation permitted. Notwithstanding the foregoing,

the inadvertent failure to designate material as “Confidential” will not preclude a later
designation to the extent that confidential treatment can still be obtained without undue
burden or expense to any party to the litigation.
6.

Use of Confidential Material. Material or information designated as

“Confidential” under this Protective Order shall not be used or disclosed by any party or
their counsel, or any person acting on their behalf, to any other persons for any purpose
whatsoever other than for the preparation and conduct of this action (including motions,
briefs, memoranda, correspondence, case evaluation, facilitation/mediation and/or trial)
and any appeal of this matter.
7.

Restrictions on Disclosure. The parties shall not disclose or permit the

disclosure of any material or information designated as “Confidential” under this
Protective Order to any person or entity, except the following:
a. The parties;
b. Counsel of record for the parties in this matter and employees of
counsel;
c. Expert witnesses employed by the parties to assist in the preparation
and trial of this matter. Prior to disclosure to any expert, the expert
must be provided a copy of this Protective Order;
d. Witnesses at trial or deposition where the documents or information
are relevant to the testimony of that witness. However, no witness who
has not agreed to be bound by this Protective Order may be given
possession or custody of any Confidential document;
e. Persons who are deposed or testify in this action, and counsel for said
deponent provided it is reasonably necessary to further this litigation;
and

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f. The Court, the Court’s staff, Court reporters and the jury.
8.

Compliance. Prior to disclosure of documents or information which has

been designated Confidential to third party persons identified in subparagraphs 7 (c), 7
(d) and 7 (e) of this Order, counsel shall provide to such third party a copy of this Order
and obtain an executed certification of understanding (attached hereto) acknowledging.
9.

Filing of Confidential Material Under Seal.

In the event any party

wishes to include Confidential documents or information in a filing with the Court, the
filing shall be made in a sealed envelope on which shall be endorsed the caption of this
action and a statement substantially in the following form:
"CONFIDENTIAL"
This envelope contains information that is subject to a protective
order in this case. This envelope shall not be opened nor the
contents thereof displayed or revealed except by Order of the
Court. Violation thereof may be regarded as contempt of the Court.
10.

Document retention.

Counsel

for

the

parties

shall

keep

all

documents or information designated as “Confidential” within their exclusive possession
and control, except as provided herein.
10.

Document return at end of case. Upon the final termination of this action,

whether by judgment, settlement, appeal or otherwise, all confidential documents or
information produced in this matter shall be (i) returned to the party that designated the
material as “Confidential” or (ii) destroyed by the recipient of any confidential information
or documents.

IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: November 15, 2013

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I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, November 15, 2013, by electronic and/or ordinary
mail.

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

We hereby stipulate to entry
of the within Order.

/s/Edward G. Lennon
Edward G. Lennon (P42278)
Attorney for Plaintiff
355 S. Old Woodward, Ste. 100
Birmingham, MI 48009
[phone]
[e-mail]

/s/Karen Libertiny Ludden
Karen Libertiny Ludden (P48815)
Attorneys for Defendants
28400 Northwestern Hwy., 3rd Floor
Southfield, MI 48034
[phone]
[e-mail]

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