Bezih v. Unifund CCR, LLC

Filing 25

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
(DETROIT)

KASSEM BEZIH,
Plaintiff,
v.
UNIFUND CCR, LLC,
Defendant.

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Case No. 2:15-cv-11660
Judge Robert H. Cleland
Magistrate Judge R. Steven Whalen

STIPULATED PROTECTIVE
ORDER

Pursuant to Federal Rule of Civil Procedure 26(c), and by stipulation of the
parties, the Court hereby enters the following protective order:
1.

Confidential Information – Any document or thing that a party

reasonably and in good faith believes to contain confidential information that is not
publicly available (such as research and development, commercial, or other
sensitive information) may be produced by that party with the clear and obvious
designation “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
2.

Non-Disclosure of Confidential Information – Any document or

thing designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”
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may only be used to prosecute or defend this action and shall not be disclosed to
(or the content discussed with) anyone other than the following persons:
a.

The named parties in this case, their attorneys, and their support
staff (e.g., copying and document management personnel).

b.

Independent experts or consultants engaged by a party’s
attorneys to assist in the preparation and trial of this case who
agree to abide by the terms of this Protective Order by signing
Exhibit A and who are approved by the producing party
pursuant to paragraph 4 below.

c.

Deposition witnesses whose testimony is being taken with
respect to the document or thing, or about the subject matter of
the document or thing, who agree to abide by the terms of this
Protective Order.

d.
3.

This Court and its staff members.

Disclosure to Experts and Consultants – Before any documents,

testimony, or other information designated as “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” are disclosed to an independent expert or consultant, the
receiving party shall give the producing party ten (10) days written notice of the
proposed expert.

If the producing party objects to the expert, no designated

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material or information of the producing party shall be disclosed to the expert or
consultant until the issue is resolved by the Court.
4.

Deposition Testimony – Any portions of requested testimony, a

transcript and/or a brief may be designated as “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” if the party or attorney making the designation
reasonably and in good faith believes it will reveal a trade secret or other
confidential research and development, commercial, or sensitive information.
5.

Protection of Confidential Information -- Any party receiving

documents designated as CONFIDENTIAL – SUBJECT TO PROTECTIVE
ORDER shall take reasonable precautions to safeguard the documents’
confidentiality.
6.

Motion Practice – All documents, testimony, and information

designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” that
are submitted to the Court Clerk as part of a motion or other paper shall be filed
pursuant to Local Rule 5.3. A redacted copy of the motion or paper may be filed
with the Court Clerk through the Court’s electronic filing system and an
unredacted copy of the motion or paper may be filed under seal.
An unsealed or unredacted copy of the confidential document, testimony, or
information may be used for the judge’s courtesy copy of the motion, but each

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page containing confidential information shall be marked in such a way that it
clearly notifies the Court that the page contains confidential information that was
filed pursuant to Local Rule 5.3. The Judge’s courtesy copy of the motion shall be
sent directly to the Judge’s chambers and not filed with the Court Clerk.
7.

Discovery from Third Parties – This Protective Order shall apply to

discovery sought from persons or companies who are not parties to this lawsuit.
Third parties may designate information produced as “CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER”.
8.

Challenging “Confidential” or “Highly Confidential” Designation

– Any party that wishes to challenge the designation of any document, thing, or
testimony as confidential or highly confidential under Federal Rule of Civil
Procedure 26(c) may do so at any time by way of motion to this Court. The
designating party shall have the burden of justifying its designation. Before filing
any such motion, however, the parties shall first attempt to resolve their
disagreement without Court intervention.
9.

Trial Testimony – This Protective Order shall not govern

proceedings at trial.
10.

Termination of Lawsuit – Upon request, all documents and things

designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” and

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all copies thereof, shall either be returned to the party that produced them upon the
final disposition of this action or they may be destroyed with permission of the
party that produced them. This provision shall not apply to documents and things
the Court determines are not confidential. Outside litigation counsel for each party
may keep a copy of all pleadings and other documents filed with the Court for their
files.
11.

Inadvertent Production of Privileged Material – Any inadvertent

production of privileged or work product protected material shall not result in the
waiver of any associated privilege (attorney-client privilege, work product doctrine,
etc.).

However, the disclosure of any particular material shall cease to be

“inadvertent” if the receiving party notifies the producing party of the disclosure
and the producing party does not request the return of the privileged matter within
10 days.
SO ORDERED.

Dated: December 11, 2015

s/Robert H. Cleland
Honorable Robert H. Cleland
United States District Court Judge

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STIPULATED:
/s/ Cathleen M. Combs

/s/ Alan H. Abes

Daniel A. Edelman
Cathleen M. Combs
EDELMAN, COMBS,
LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, Illinois 60603
[phone]
[phone] (Fax)
[e-mail]

Alan H. Abes
DINSMORE & SHOHL LLP
255 E. 5th St., Suite 1900
Cincinnati, Ohio 45202
[phone]
[phone] (Fax)
[e-mail]

Adam G. Taub (P48703)
ADAM G. TAUB & ASSOCIATES
CONSUMER LAW GROUP, PLC
17200 West Ten Mile Rd, Ste 200
Southfield, Michigan 48075
[phone]
[e-mail]

Charity A. Olson (P68295)
2723 S. State St., Suite 150
Ann Arbor, Michigan 48104
[phone]
[e-mail]

Attorneys for Plaintiff

Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
(DETROIT)

KASSEM BEZIH,
Plaintiff,
v.
UNIFUND CCR, LLC,
Defendant.

: Case No. 2:15-cv-11660
:
: Judge Robert H. Cleland
: Magistrate Judge R. Steven Whalen
:
:
:
:
:
:
:

EXHIBIT A – AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I, __________________________, declare as follows:
1.

I have read the Protective Order in the above captioned case.

2.

I promise that I will only use the documents and things designated as
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” that are
given to me for purposes of this lawsuit.

3.

I promise that I will not disclose or discuss information that I learn from
documents and things designated as “CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER” with anyone other than the persons described in
the Protective Order.
4.

I acknowledge that, by signing this agreement, I am subjecting myself to
the jurisdiction of the United States District Court for the Eastern District
of Michigan with respect to enforcement of this Protective Order.

5.

I understand that any disclosure or use of documents or things designated
as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” or
information learned from the documents or things, in any manner
contrary to the provisions of the Protective Order may subject me to
sanctions for contempt of court.

Date: _________________

____________________________
Signature

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