Bays et al v. Montmorency, County of et al

Filing 28

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

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
BARBARA BAYS & JEFFREY
BAYS,
as
Co-Personal
Representatives of the ESTATE OF
SHANE BAYS, Deceased,

HON. ROBERT H. CLELAND
U.S. DISTRICT COURT JUDGE

Plaintiffs,
FILE NO.
2:15-cv-10534-RHC-MJH

v
COUNTY OF MONTMORENCY,
ET AL,
Defendants.

/
Matthew L. Turner (P48706)
Michelle D. Trent (P77102)
SOMMERS SCHWARTZ, P.C.
Attorneys for Plaintiffs
One Towne Square, 17th Floor
Southfield, MI 48076
[phone]/[phone] Fax
[e-mail]
[e-mail]

Haider A. Kazim (P66146)
Gregory R. Grant (P68808)
CUMMINGS, McCLOREY, DAVIS
& ACHO, P.L.C.
Attorneys for Defendants
400 W. Front Street, Ste. 200
Traverse City, MI 49684
[phone]/[phone] Fax
[e-mail]
[e-mail]

/
STIPULATED PROTECTIVE ORDER
NOW COME the parties by and through their respective counsel and hereby
stipulate and agree that the parties enter into the following Stipulated Protective
Order:
1.

All confidential Documents (as defined herein) produced by any Party

in this action shall remain confidential unless such document is presented to the
opposing Party(ies) under the following procedures: The requesting Party shall
provide notice to the opposing Party(ies) that it/they intend to use and publicly
release (non-sealed) certain "defined" Document(s) in support of a pleading or
motion. After such notice by the proponent Party, the opposing Party shall have
five (5) business days from the date of receipt of said notice to submit a written
objection to such disclosure. If the opposing Party does object in writing within the
time period, the Parties shall act in good faith to resolve the objection without resort
to filing a motion. If the Parties cannot come to a resolution within 7 days, the
opposing Party shall be obligated to file an appropriate motion with the Court within
ten days. The Document(s) shall remain confidential until a proper motion is filed
and there is a further order from the Court.
For use of confidential Documents (as defined herein) in a non-Party
deposition, the Document(s) may be used within the deposition despite any
designation by the Parties. If a Party opposes attaching the Document(s) as an
exhibit(s) to the transcript, that Party shall be obligated to file an appropriate motion
with the Court within ten days. The Document(s) shall not be attached as an
exhibit(s) until a proper motion is filed and there is a further order from the Court.
2.

Documents as "defined" and included in this Stipulated Protective
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Order shall include:
a.

b.

Policies and procedures of Montmorency County Sheriffs
Department;

c.

Any video surveillance footage of the Montmorency County Jail
that may be relevant to any claims and defenses in this case;

d.

Any documents which are exempt from disclosure under the
Michigan Freedom of Information Act, MCL 15.231 et seq.

e.

3.

Personnel and employment records, including but not limited to,
disciplinary records, of Montmorency County Sheriffs
Department employees, including but not limited to, the
individual Defendants;

No documents subject to disclosure under the Michigan Freedom
of Information Act, MCL 15.231 et seq., are confidential under
this Order irrespective of any designation by the Parties.

The designation of material as confidential for purposes of this Order

shall be made by affixing the legend "Confidential" to each page containing any
confidential Document.
4.

Allowable disclosure of any such confidential Document covered by

this Stipulated Protective Order shall be limited to: (a) Counsel of Record and their
staff, (b) Parties to this action, (c) expert witnesses unless otherwise ordered by this
Court, and (d) non-testifying consultants hired by Counsel of Record.
5.

For purposes of this litigation, a non-testifying consultant is anyone

who is not qualified or retained as a testifying expert, but who various aspects of the
case are discussed with for purposes of contributing to counsel’s conclusions and/or
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legal theories. All confidential Documents (as defined herein) provided by any
party in this action to a non-testifying consultant made be done so under the
following procedure: The names of all non-testifying consultants whom have been
provided confidential Documents (as defined herein) will be maintained on a list
belonging to the Party using the consultant(s). In addition, the non-testifying
consultant(s) must sign a document stating that (s)he has been shown this Protective
Order and s(he) agrees to be bound by it. In the event any confidential Document(s)
are publicly disseminated, the Court shall promptly be provided a copy of the list for
purposes of in camera review to determine which non-testifying consultant is in
violation of the Order.
6.

All confidential Documents disclosed by the Parties, along with all

copies thereof, shall be returned to the respective Parties' counsel of record upon
completion of the above-captioned case, including final appeal, to the extent that the
same are not disclosed under the terms hereof and which are not used as an exhibit at
trial of this matter. Additionally, any Document that has been converted to an
attorney work product will not be required to be returned at the conclusion of the
above-captioned case and must be promptly destroyed.

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7.

This Order has no effect upon, and shall not apply to the use by a party

of its own confidential Documents for any purpose. However, should a party
disclose its own confidential Documents, it shall no longer be subject to this Order.
8.

This Order shall not apply to any information acquired by third party

sources or documents/information previously disclosed in this litigation or known to
the parties or the public.
Dated: October 5, 2015

SOMMERS SCHWARTZ, P.C.
/s/ Michelle D. Trent
Matthew L. Turner (P48706)
Michelle D. Trent (P77102)
Attorneys for Plaintiffs
One Towne Square, 17th Floor
Southfield, MI 48076
[phone]/[phone] Fax
[e-mail]
[e-mail]

Dated: October 5, 2015

CUMMINGS, McCLOREY, DAVIS
& ACHO, P.L.C.
/s/ Haider A. Kazim
Haider A. Kazim (P66146)
Gregory R. Grant (P68808)
Attorneys for Defendants
400 W. Front Street, Ste. 200
Traverse City, MI 49684
[phone]/[phone] Fax
[e-mail]
[e-mail]

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ORDER
At a session of said Court held at the
United States District Court, Eastern
District of Michigan this 12th day of
October, 2015
PRESENT: ROBERT H. CLELAND
U.S. DISTRICT COURT JUDGE
IT IS HEREBY ORDERED that all documentation that is disclosed in this
litigation as referenced in the attached Stipulation shall not be disclosed to any other
individuals other than counsel of record, parties and expert witnesses to this matter.
Further, any dispute concerning the disclosure and/or use of documents
designated as confidential shall be resolved as set forth in the attached Stipulation.
Further, that the referenced materials be returned to undersigned counsel upon
completion of the above-captioned case, or as otherwise set forth in the attached
Stipulation.
s/Robert H. Cleland
ROBERT H. CLELAND, U.S. District Court
Judge
Dated: October 12 , 2015

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