Smith v. The Food Bank of Eastern Michigan
Filing
61
PROTECTIVE ORDER-Signed by Magistrate Judge Anthony P. Patti. (Attachments: # 1 Exhibit) (MWil).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACEY SMITH,
Plaintiff,
v.
THE FOOD BANK OF EASTERN
MICHIGAN,
Defendant.
Case No. 14‐13795
Hon. David M. Lawson
Magistrate Judge Anthony P. Patti
Tracey Smith, In Pro Per
Plaintiff
1529 Katy Drive
Mount Morris, MI 48458
PLUNKETT COONEY
Thomas P. Vincent (P32794)
Courtney L. Nichols (P75160)
Attorneys for Defendant
38505 Woodward Avenue, Suite 2000
Bloomfield Hills, MI 48304
(248) 901‐4000
tvincent@plunkettcooney.com
cnichols@plunkettcooney.com
PROTECTIVE ORDER
On January 17, 2016, Plaintiff, Tracey Smith and Defendant, The Food
Bank of Eastern Michigan (collectively, the “Parties”), provided to the Court a
Stipulated Protective Order, which is attached as Exhibit 1. With minor
revisions at paragraphs 2(e) and 10, the Court hereby enters the following
Protective Order:
WHEREAS, the Parties anticipate that discovery in this action may
require Plaintiff and Defendant to produce certain documents and other
information containing Confidential Information such as private employee
records and identification information; and
WHEREAS, the Parties, for good cause, have agreed that all parties are
entitled to a Protective Order to protect such Confidential Information;
NOW, therefore, upon stipulation of the Parties in the above‐captioned
matter and for good cause shown, it is hereby ORDERED that during the
pendency of this action, the following Protective Order applies to all Parties in
this case and jurisdiction over those Parties with respect to this Protective
Order:
1.
For purposes of this Order, “Confidential Information” shall
include the following:
Employment records containing personal and/or private
identification information regarding current and former
employees of The Food Bank of Eastern Michigan.
Any information which the Parties consider confidential shall be
designated in writing by that party as constituting Confidential Information.
Documents containing Confidential Information shall be clearly marked
“CONFIDENTIAL.”
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The provisions of this Protective Order shall also apply to other copies
of a Party’s documents designated as Confidential Information, and testimony
related thereto, which may be produced or given by a third party (non‐party
witness) to this litigation possessing such documents, materials or
information in the course of pre‐trial discovery, the trial of this action,
appeals, or post‐judgment collection proceedings, if any.
2.
Confidential Information shall be held in confidence by any
person to whom it is disclosed, shall be used only for purposes of this action
and shall not be disclosed for any personal, business or other purpose besides
this litigation. Confidential Information shall not be disclosed to any person
other than:
(a)
(b)
Any Party to this litigation and officers, directors, and
employees of a party who are assisting his, her or its
counsel, but only to the extent that such disclosure is
reasonably deemed necessary by such counsel for the
conduct of this litigation;
(c)
Court reporters while in the performance of their official
duties;
(d)
Counsel of record in this litigation, and their partners,
employees or associates (including in‐house counsel) to
whom such disclosure is reasonably deemed necessary to
such counsel for the conduct of this litigation;
This Court or any other court or arbitrator before whom or
which this litigation is pending, including any court or
arbitration panel; and
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(e)
Any other person who may be specifically approved by
written consent of opposing counsel and/or the pro se
Plaintiff to receive the Confidential Information or approved
by Court order.
3.
Unless waived by the Party who designates items as Confidential
Information, such material (including deposition transcripts, briefs and other
papers containing or otherwise disclosing such material) shall not be
disclosed except as provided in this Protective Order. All such Confidential
Information submitted shall be conspicuously marked “CONFIDENTIAL” and
“SUBJECT TO PROTECTIVE ORDER” prior to such submission.
4.
This Protective Order shall be without prejudice to the right of
any Party or third party to bring at any time the question of whether any
particular information is or is not discoverable or relevant to any issue in this
case, is or is not subject to a privilege, or whether any particular document or
information should or should not be designated Confidential Information for
the purposes of this Protective Order. Nothing contained in this Protective
Order shall be construed to constitute a waiver of the producing Party’s right
to claim that a document not designated as confidential information, or
marked “Confidential,” is in fact Confidential Information within the terms of
this Protective Order. It is recognized by the Parties to this Protective Order
that, due to the exigencies of providing numerous documents, the taking of
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testimony and inherent uncertainty of litigation, documents or testimony may
be designated erroneously as Confidential, or documents or information
which are entitled to confidential treatment may erroneously not be
designated as Confidential. If any Confidential Information is provided
inadvertently to a discovering party without being marked as “Confidential” in
accordance with the terms of this Protective Order, the failure to so mark the
Confidential Information shall not be deemed a waiver of the right to assert
confidentiality. The Parties to this Protective Order agree that they may
correct their designations, or lack thereof, and shall furnish to all counsel a
second time at its own expense copies of the documents for which there is a
change in designation.
5.
This Protective Order shall not prevent the marking, or the
exhibition to a witness, or the offering in evidence of any Confidential
Information during depositions, hearings or other pretrial proceedings, at
trial, or on appeal, but no copy of any Confidential Information shall be
retained by any such witness. Nothing in this Protective Order shall be read to
require a formal order of the Court prior to such use of Confidential
Information, so long as its use is consistent with the terms of this Protective
Order.
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6.
Confidential Information shall not be used or disclosed for any
purpose whatsoever except the conduct of proceedings in the above‐
captioned case, any appeals in connection therewith or as otherwise
permitted by this Protective Order.
7.
The restrictions set forth in this Protective Order shall not apply
to documents, materials or information which were or become disclosed to
the public other than through violation of this Protective Order.
8.
Nothing herein constitutes or may be interpreted as a waiver by
any Party of the attorney‐client privilege, attorney work product protection or
any other legally‐recognized privilege.
9.
Nothing in this Protective Order shall prevent any Party from
using or disclosing its own documents or information, regardless of whether
they are designated Confidential.
10.
Nothing in this Protective Order shall prevent or restrict any
person from seeking additional protection from the Court with respect to the
disclosure of particular Confidential Information.
11.
Nothing in this Protective Order shall prevent or restrict any
person from seeking relief from this Protective Order from the Court for good
cause shown.
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12.
Nothing in this Protective Order shall prohibit a Party from
producing Confidential Information in the party’s(ies’) possession pursuant to
a subpoena issued by any court, administrative or legislative body, or any
other person purporting to have authority to subpoena such Confidential
Information or by other compulsory process, provided that any person
receiving such a subpoena or other process shall notify the party that
originally produced the Confidential Information of such subpoena or process
and provide them with a reasonable opportunity to file objections to such
disclosure before the Confidential Information is disclosed.
13.
Within ninety (90) days after final termination of this litigation, by
judgment, order, compromise or settlement, upon receipt of a written request,
counsel for each of the Parties shall, within sixty (60) days, return to the
person or entity producing it all Confidential Information in its possession or
which was provided by such counsel to any other person pursuant to the
terms of this Protective Order. Provided, however, that counsel only may
retain such Confidential Information for a period of two (2) years from the last
day of services in this matter, subject at all times to the terms of this
Protective Order.
IT IS SO ORDERED.
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Dated: January 20, 2016
s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of
record on January 20, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti
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