West v. Wayne, County of et al
Filing
13
PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CAVEN WEST,
Case No. 2:14-cv-11559-RHC-MKM
Hon. Robert H. Cleland
Plaintiff,
v.
WAYNE COUNTY and CATHY M.
GARRETT, Individually, and in her
capacity as Wayne County Clerk,
Defendants.
______________________________________________ ____________________/
Matthew E. Krichbaum (P52491)
SOBLE ROWE KRICHBAUM LLP
221 N. Main Street, Ste. 200
Ann Arbor, MI 48104
(734) 996-5600
James P. Allen (P52885)
John M. Allen (P42940)
ALLEN BROTHERS,
Attorneys & Counselors, PLLC
400 Monroe Street, Suite 220
Detroit, MI 48226
(313) 962-7777
johnallen@allenbrotherspllc.com
______________________________________________ ____________________/
PROTECTIVE ORDER
In recognition of the parties’ right to the release of discovery relevant to
claims, defenses and other matters at issue in this case, and the interest, where
possible, in protecting the privacy of persons about whom information of a
confidential nature may be implicated (particularly County employees, past and
present, who are not parties to this action, but whose employment/personnel
information might be sought), the Court hereby enters this protective order
directing as follows:
IT IS ORDERED that production of employee personnel information in this
case, as well as any other produced documents and information of a
personal/confidential nature concerning the parties, witnesses and/or other third
parties, including personal addresses and telephone numbers, shall be subject to the
following terms and conditions:
1. Access, review and use of such documents/information, as well as any
copies or duplicates made thereof (regardless of form, whether had copy,
electronic or otherwise) shall be limited to the parties, witnesses, and the
parties’ attorneys, employees, agents and consultants involved in the
preparation, prosecution or defense of the case; otherwise, such
documents/information shall not be used, released or disclosed to any
persons, or for any other proceedings, outside the context of this lawsuit.
2. Before disclosing confidential material/information to any person who is
not a party or counsel in this case (including any disclosure to a
consultant expert or non-party witness, at deposition or otherwise),
counsel for the party making the disclosure shall provide each such
person with a copy of this Order, and such person shall agree to abide by
the terms of the Order and sign and date a copy of the Confirmation
attached hereto (in blank) as Exhibit A.
3. Any documents/information subject to this Order used in connection with
any brief, argument or other filing in this action, to the extent information
of a confidential nature thereon cannot be redacted, shall be submitted to
the Court under seal in accordance with Local Rules 5.3 and 26.4.
4. Except for the Plaintiff’s own records/files, which on request may be
released to Plaintiff’s counsel without redaction, identifying information
of a personal nature that has no bearing on any claim, defense or issue in
this case – such as social security numbers, financial account numbers,
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employment references, personnel addresses and phone numbers, and the
names of children, spouses and other family members of parties, nonparties or potential witnesses – shall be redacted and not disclosed.
5. Except for the Plaintiff’s own records/files, which on request may be
released to the Plaintiff’s counsel in their entirety, documents reflecting
identifying or personal information of a confidential nature that have no
bearing on any claim, defense or other issue in this case – such as child
support records, friend of the court records, marriage and birth
certificates, divorce proceeding records, loan/credit/mortgage application
papers, medical records (including disability, worker’s compensation,
medical leave and personal injury), personal address and phone records,
income tax records, leave and leave return records, law enforcement
certification and appointment lists/records, emergency contact forms,
Law Enforcement Information System (“L.I.E.N.”) records, fingerprint
records, and law enforcement Internal Affairs records – shall be exempt
and withheld from production, but retained separately by producing
counsel, during the course of these proceedings, should an in camera
review of such documents be subsequently requested and deemed
necessary by the Court.
6. To save time and expense, any documents produced during discovery in
this case may be produced electronically, in .pdf format, and transmitted
between counsel as an attachment to an e-mail. If a party insists on the
production of hard copies of documents that are readily and securely
subject to electronic transmission, the insisting party shall reimburse the
producing party a cost of ten ($0.10) cents per copied page for all
documents produced, unless counsel for the parties agree otherwise.
7. If another court, administrative agency or other person or entity
subpoenas or orders production documents covered by this Order, the
person subject to that subpoena or order shall give prompt written notice
thereof to all counsel of record in the case.
8. If a party is added or brought into this case, and represented by someone
other than the present counsel, the added party and/or such party’s
counsel shall be provided with a copy of this Order. Should the added
party agree to be bound by this Order, all documents previously produced
pursuant to it shall be provided to them. Otherwise, neither party hereto
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shall provide documents produced subject to this Order to an entering or
newly designated party until the Court considers and decides a request to
extend this Protective Order.
9. Upon final disposition of this action by settlement, or following entry of
a final, non-appealable order of the Court herein, and not late than ninety
(90) days thereafter, counsel for the parties shall destroy all personnel
records and other materials/information received during the course of this
case that are subject to this Order, regardless of form (electronic, hard
copy or otherwise), as well as any copies/duplicates made thereof, and
upon the request of opposing counsel shall expressly confirm in writing
to opposing counsel that such destruction was undertaken and has been
completed.
IT IS FURTHER ORDERED that this Order shall not constitute a waiver of
the rights of the parties to raise or assert any claim, defense, or objection in this
case or in any arbitration, administrative hearing or other hearing or proceeding,
including but not limited to objections regarding the use, relevance and
admissibility of any documents, testimony or information subject to this Order.
The Order also shall not preclude, inhibit or interfere with the maintenance and use
of documents, records and/or other material/information in the ordinary course of
business by persons who maintain, use, rely upon, and/or who otherwise have an
interest
in
reviewing
notwithstanding
the
or
accessing
designation
by
such
any
documents/records/material,
party
documents/records/material/information as confidential.
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or
counsel
of
such
IT IS FURTHER ORDERED that this Order is binding on all parties, their
counsel, and persons served with a copy of this Order, and shall remain in full
force and effect until modified, superseded, or terminated by further order of the
Court. Any violation of this Order may give rise to appropriate sanctions against
any person who causes, contributes to or participates in such a violation, including
but not limited to a finding of contempt and the assessment of damages, costs and
attorney’s fees.
Dated: July 21, 2014
s/Robert H. Cleland
HONORABLE ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Reviewed and approved as
to form before submission:
/s/Matthew E. Krichbaum (w/permission)
SOBLE ROWE KRICHBAUM LLP
Matthew E. Krichbaum (P52491)
Attorney for Plaintiff
221 N. Main Street, Suite 200
Ann Arbor, Michigan 48104
(734) 996-5600
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/s/John M. Allen
ALLEN BROTHERS,
Attorneys & Counselors, PLLC
John M. Allen (P42940)
Counsel for Defendants
400 Monroe Street, Suite 220
Detroit, Michigan 48226
(313) 962-7777
EXHIBIT A
TO: The Honorable Robert H. Cleland
United States District Court
RE:
Caven West v Wayne County, et al;
U.S. District Court No. 2:14:cv:11559- RHC-MKM
Dear Judge Cleland:
This is to certify that the undersigned has read and is fully familiar with the
provisions of the Protective Order governing the release of personnel and other
confidential information, dated ____________ ___, 2014, approved by the Court
and filed in the above referenced lawsuit.
As a condition precedent to my examination of any documents subject to the
Order, or my obtaining any information contained in said documents, the
undersigned hereby agrees that said Order shall be deemed to be directed to and
shall include the undersigned, and the undersigned shall observe and comply with
the provisions of said order.
I agree that I will not disclose or talk about any information or documents
subject to the protective Order to unauthorized persons, nor will I use any such
information or documents for any purpose other than in connection with litigation
of the referenced lawsuit.
I understand that if I fail to comply with the Protective Order and/or
otherwise improperly use or release information subject to the Order, I can be held
in contempt and subject to liability for, among other things, court-ordered
sanctions and money damages to anyone who is thereby injured.
Dated: ____________________, 20__
________________________________
Name
________________________________
Address
________________________________
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________________________________
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