Inovision Software Solutions, Inc. v. Sponseller Group, Inc.

Filing 15

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

INOVISION SOFTWARE SOLUTIONS, INC.

)
)
)
) Civil Case No. 2:15-cv-10390-RHC-DRG
)
) Hon. Robert H. Cleland
) Magistrate Judge Hon. David R. Grand
)

Plaintiff/Counter-Defendant,
vs.
SPONSELLER GROUP, INC.
Defendant/Counter-Plaintiff,

STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26 (c), Plaintiff Inovision Software Solution, Inc. (“Plaintiff”)
and Sponseller Group, Inc. (“Defendant”), by and through undersigned counsel, stipulate,
pursuant to Federal Rule of Civil Procedure 26(c), to the following Protective Order, and request
that the Court enter it. Plaintiff and Defendant are referred to collectively as the “parties,” and
individually as a “party.”
1.

Introduction and Scope
This Protective Order shall govern documents and information exchanged during this

action, including, but not limited to, documents produced by the parties or non-parties,
deposition testimony, testimony taken at a hearing or other proceeding, interrogatory answers,
responses to requests for admission, and correspondence between counsel (collectively,
“Discovery Material”).
2.

Designation of Certain Discovery Material as “CONFIDENTIAL”
Discovery Material may be designated “CONFIDENTIAL” if such Discovery Material

contains non-public, sensitive or confidential information. Such Discovery Material shall be so
identified at the time of service of such Discovery Material by including on each page the legend
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“CONFIDENTIAL.” Any document, material, or information designated by a party as
“CONFIDENTIAL” must be reviewed by an attorney and, if appropriate, labelled as
“Confidential” by the reviewing attorney The designation of any document, material, or
information as “CONFIDENTIAL,” in the manner described above, shall constitute a
certification by the attorney reviewing and labelling the material and making such designation
that he or she in good faith believes the material truly non-public and is confidential.
3.

Designation of Certain Discovery Material as “ATTORNEYS’ EYES ONLY”
A party may designate Discovery Material as “ATTORNEYS’ EYES ONLY” if such

Discovery Material contains particularly sensitive confidential information that the producing
party believes in good faith cannot be disclosed without threat of competitive injury, because
such Discovery Material contains proprietary or commercially sensitive information. Such
Discovery Material shall be so identified at the time of service of such Discovery Material by
including on each page the legend “ATTORNEYS’ EYES ONLY.” Any document, material, or
information designated by a party as “ATTORNEYS’ EYES ONLY” must be reviewed by an
attorney. The designation of any document, material, or information as “ATTORNEYS’ EYES
ONLY,” in the manner described above, shall constitute a certification by the attorney reviewing
the material and making such designation that he or she in good faith believes the material
deserves this heightened level of protection.
4.

Limitations on Access to Discovery Material
Subject to Paragraphs 5 and 6 of this Order, “CONFIDENTIAL” or “ATTORNEYS’

EYES ONLY” Discovery Material shall not, without prior written consent of the producing
party, (a) be disclosed to anyone other than the Court, its officers and its clerical staff and the
Authorized Personnel specified in Paragraphs 5 and 6 hereof; or (b) be used by anyone other than

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the producing party for any purpose whatsoever other than the prosecution or defense of this
litigation. Nothing herein shall affect any confidentiality obligations to which the parties may be
subject pursuant to agreements independent of this litigation, nor shall anything herein constitute
an agreement that such obligations will relieve any party of the obligation to produce Discovery
Material.
5.

Limitations on Access to “CONFIDENTIAL” Discovery Material
Access to and disclosure of “CONFIDENTIAL” Discovery Material marked and

identified in accordance with this Order shall be limited to the Court, its officers and its clerical
staff and to the Authorized Personnel. Authorized Personnel are:
(a)

Outside counsel of record for the parties to this lawsuit and outside counsel not of

record that become signatories to this Order, including paralegal, secretarial, and clerical
personnel reasonably necessary to assist such counsel;
(b)

In-house counsel for the parties with responsibility for the oversight of this

litigation;
(c)

Employees of the parties with responsibility for the oversight of this litigation;

(d)

Technical experts and other consultants and their staff who are retained by a party

or attorney to assist in this action, but only to the extent reasonably necessary to perform such
work. A party desiring to disclose “CONFIDENTIAL” (or “ATTORNEYS’ EYES ONLY”)
Discovery Material to experts or consultants shall first obtain from each expert or consultant an
Acknowledgement in the form provided in Exhibit “A”, and the attorney for the party shall keep
the executed Acknowledgement for a one year period following the final termination of this Civil
Action. The disclosing attorney must have a good faith belief that disclosure of such documents

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to the expert of consultant is necessary for the expert or consultant’s review of the issues in this
Civil Action.
(e)

Employees of outside vendors providing copy services and exhibit preparation

services in connection with this litigation provided that each vendor execute an
Acknowledgement in the form provided in Exhibit “A”;
(f)

Stenographic reporters and videographers engaged for depositions or proceedings

necessary to this action;
(g)

Any person (i) who is identified as an author or recipient, including receipt by

copy, of any document or information therein and is not otherwise shown prior to such disclosure
not to have received the document or information therein or (ii) who has been identified in
writing by the designating party as having been provided with the document or information
therein. Such person shall be considered “Authorized Personnel” solely with respect to the
specific document or information therein;
(h)

Third-party mediators selected by the parties; and

(i)

Such other persons as hereafter may be designated by written stipulation of the

parties filed with the Clerk of the Court or by further Order of the Court.
6.

Limitation on Access to “ATTORNEYS’ EYES ONLY” Discovery Material
Access to and disclosure of “ATTORNEYS’ EYES ONLY” Discovery Material marked

and identified in accordance with this Protective Order shall be limited solely to the Court, its
officers and its clerical staff and to the Authorized Personnel listed in Paragraph 5, with the
exception that no “ATTORNEYS’ EYES ONLY” Discovery Material shall be provided, shown,
or made available to the persons identified in Paragraphs 5(b) and 5(c). “ATTORNEYS’ EYES

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ONLY” Discovery Material shall not be provided, shown, made available or communicated in
any way to any person or entity other than provided for in this paragraph.
7.

Designation of Deposition or Other Testimony
Deposition and other testimony may also be designated as “CONFIDENTIAL” or

“ATTORNEYS’ EYES ONLY.” During the course of a deposition or other testimony which
involves “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” Discovery Material, counsel
for a party or witness producing such information may designate on the record the portion(s) of
the deposition or other testimony which counsel believes may contain “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” information. If such designation is made, those portions of the
deposition or other testimony involving such “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY” Discovery Material will be taken with no one present, except those persons who are
authorized to have access to such “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”
Discovery Material in accordance with this Order. A party objecting to any such designation of
deposition or other testimony as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” shall
follow the procedure as set forth in paragraph 12 below.
8.

Party’s Own Information
The restrictions on the use of Discovery Material established by this Protective Order are

applicable only to Discovery Material received by a party from another party or from a non-party
as a direct result of this litigation. A party is obviously free to do whatever it desires with its
own Discovery Material.
9.

Related Material
The restrictions on the use of Discovery Material established by this Protective Order

shall extend to: (i) all copies, extracts and complete or partial summaries prepared from such

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Discovery Material; and (ii) portions of briefs, memoranda or any other writing filed with the
Court and exhibits thereto that contain or reflect the content of any such Discovery Material,
copies, extracts, or summaries, provided that such writings are identified as containing
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” Discovery Material as provided for by
Paragraph 10 hereto and are marked “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” on
at least the first page of the writing.
10.

Procedures for Filing Designated Material
Any party wishing to include, disclose, or attach any “CONFIDENTIAL” or

“ATTORNEYS’ EYES ONLY” Discovery Material as part of or with any pleading, motion,
brief or other paper filed with the Clerk of this Court, shall move to have the material filed under
seal. Copies of the papers filed under seal shall be timely served on counsel for the
parties. Should the need arise during any pre-trial proceedings before the Court, a party may
cause “CONFIDENTIAL” and/or “ATTORNEYS’ EYES ONLY” Discovery Material to be
disclosed only after appropriate in camera inspection or other appropriate safeguards are
requested of the Court.
11.

Use of Discovery Material at Hearing or Trial
At any hearing or trial relating to this proceeding, subject to the rules of evidence and any

Order of the Court, a party may use any “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”
Discovery Material for any purpose. In the event that any “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” Discovery Material is used in any court proceeding in
connection with this litigation, it shall not lose its status as “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” Discovery Material through such use.

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12.

Challenge to Designation
In the event that the party receiving “CONFIDENTIAL” or “ATTORNEYS’ EYES

ONLY” Discovery Material disagrees with the designation by the producing or designating
party, then the parties initially will try to resolve the dispute on an informal basis, within five (5)
business days from the date that the receiving party raises the objection to the designation (or a
mutually agreed upon longer period) in writing. Any such disputed items shall be treated as
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” Discovery Material, as designated, and
subject to the protections of this Order unless and until the parties reach an agreement or the
Court determines otherwise. If the parties are unable to resolve their differences, then the
objecting party may file a motion requesting disclosure. In connection with a motion filed under
this provision, the party designating the information as “CONFIDENTIAL” (or “ATTORNEYS’
EYES ONLY”) shall bear the burden of establishing that good causes exists for the disputed
information to be so treated. Neither party shall be obligated to challenge the propriety of a
“CONFIDENTIAL” or “ATTORNEYS EYES ONLY” designation, and failure to do so shall not
constitute an admission that any Discovery Material is in fact “CONFIDENTIAL” or
“ATTORNEYS EYES ONLY”. Discovery Material marked and identified in accordance with
this Protective Order shall remain subject to the terms of this Protective Order unless otherwise
agreed by the producing party or ordered by the Court.
13.

Additional Disclosures
(a)

If it becomes necessary for counsel for a party receiving “CONFIDENTIAL” or

“ATTORNEYS’ EYES ONLY” Discovery Material to seek the assistance of any person other
than those specified in Paragraph 5 above, the following procedures shall be employed:

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(1)

Counsel for the receiving party shall notify, in writing, counsel for the

producing party of the desire to disclose such CONFIDENTIAL or ATTORNEYS’ EYES
ONLY Discovery Material and shall identify the person(s) to whom counsel intends to make
such disclosure;
(2)

If no objection to such disclosure is made by counsel for the producing

party within five (5) business days of such notification, counsel for the receiving party shall be
free to make such disclosure to the designated person(s); provided, however, that counsel for the
receiving party shall serve upon opposing counsel, prior to disclosure, an Acknowledgment in
the form set forth in Exhibit A whereby such persons agree to comply with and be bound by this
Stipulated Protective Order;
(3)

If the producing party objects to such disclosure, no disclosure shall be

made at that time. However, any party may bring before the Court the question of whether the
particular “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” Discovery Material can be
disclosed to the designated person(s) and the party making the designation shall have the burden
of establishing before the Court the necessity for such designation.
14.

Materials Not “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”
Notwithstanding the designation and protection of any materials as “CONFIDENTIAL”

or “ATTORNEYS’ EYES ONLY” Discovery Material, such Discovery Material shall not be
deemed confidential and shall not be subject to this Order, if the content and/or substance
thereof:
(a)

is, at the time of disclosure, in the public domain by publication or otherwise and

is not otherwise protected from disclosure as a result;

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(b)

becomes at any time, through no act or failure to act on the party of the recipient

party, part of the public domain by publication or otherwise;
(c)

is already in the possession of a party at the time of disclosure by the other party

and was acquired other than directly or indirectly from the disclosing party under conditions
requiring the confidential treatment of the material; or
(d)

is made available to a party by a third-party who obtained the same by legal

means and without any obligation of confidence to the party claiming its confidential nature.
15.

Return of Discovery Material
After this case is completed, including the exhaustion of all appeals, each party, unless

otherwise agreed in writing by counsel for the parties, shall have thirty (30) calendar days to
notify the other party in writing whether it wants (1) the return of its produced materials
designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” including all copies,
extracts, and summaries thereof; or (2) the destruction of these materials by the party, person, or
firm in possession. Any documents, copies, extracts or summaries that constitute attorney work
product may be retained by counsel or destroyed. The return or destruction of these materials
shall occur within thirty (30) days after this written notice is received. The party returning or
destroying materials under this paragraph shall provide a written certificate to the producing
party attesting to the return or destruction of all designated materials.
16.

Waiver or Termination
The provisions of this Protective Order may not be modified, waived or terminated

except by the written stipulation of counsel or order of the Court. This Order shall survive the
final termination of this proceeding with respect to any retained “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” Discovery Material. Termination of the proceedings shall not

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relieve any person from the obligations of this Protective Order, unless the Court orders
otherwise. The Court shall retain jurisdiction to enforce the Protective Order despite the
termination of this lawsuit.
17.

Notice
All notices required by this Protective Order are to be served via facsimile to the outside

counsel for the parties. The date by which a party to this action receiving the notice shall
respond, or otherwise take action, shall be computed from the date indicating that the facsimile
was received. Any of the notice requirements herein may be waived in whole or in part, but only
in writing signed by an attorney for the party designating Discovery Material under this Order.
18.

Other Proceedings
By entering this order and limiting the disclosure of information in this case, the Court

does not intend to preclude another court from finding that information may be relevant and
subject to disclosure in another case. Any person or party subject to this Order who receives a
written request, subpoena, or court order seeking disclosure of another party’s
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” Discovery Material, such person shall
promptly (no more than five (5) business days after receipt) notify counsel for the producing
party of the request, subpoena, or court order and shall provide a copy of the same.

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

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Dated: October 6, 2015

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, October 6, 2015, by electronic and/or ordinary mail.

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

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EXHIBIT “A”
WRITTEN ACKNOWLEDGEMENT TO ABIDE BY THE TERMS OF THE STIPULATION
AND ORDER REGARDING CONFIDENTIALITY
I, _________________________________________, do solemnly swear that I have received a
copy of the Stipulated Protective Order Governing Confidentiality that was entered into by the
parties in connection with INOVISION SOFTWARE SOLUTIONS, INC. –v- SPONSELLER
GROUP, INC. Civil Action No. 2:15-cv-10390-RHC-DRG, Unites States District Court, Eastern
District Of Michigan, Southern Division, and I hereby agree to be bound by its terms and
conditions. I recognize that during my participation in the handling and development of this case
I may have occasion to read or hear of Discovery Material that is designated “CONFIDENTIAL”
or “ATTORNEYS EYES ONLY.” I agree to use any such Discovery Material solely in
connection with my participation in this case and for no other purpose.

__________________________________________________

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