McCain v. St. Clair, County of et al

Filing 51

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EUGENE MCCAIN
Plaintiff,
Case No: 2:16-cv-10112
Hon. Robert H. Cleland
Magistrate Mona Majzoub

vs.

ST. CLAIR COUNTY, Lt. PETER BIONDO,
Captain BLISS, Deputy D. FLEMING, Deputy
KACAFIREK, Deputy KAMINSKY, Sgt. LABEAU,
Deputy LEMBAS, Deputy METHANY, Sgt. OLEJNIK,
Deputy B. ROGERS, Deputy SCHMIDT, Deputy
S. WALKER, Sgt. WITKOWSKI, Deputy
M. ZUEHLKE, AMANDA BISHOP, LPN,
KIMBERLY KING, LPN, BRANDI SCHIEMAN, LPN,
REID STROMBERG, MD and Officer CHAD SMITH,
Jointly and Severally,
Defendants.
_________________________________________________________________
TODD J. WEGLARZ (P48035)
DONALD K. WARWICK (P44619)
GEOFFREY N. FIEGER (P30441)
Attorney for Amanda Bishop, LPN,
Attorneys for Plaintiff
Kimberly King, LPN and Brandi
Fieger Law
Schieman, LPN
19390 W. Ten Mile Road
Giarmarco, Mullins & Horton, PC
Southfield, Michigan 48075
Tenth Floor, Columbia Center
[phone]
101 W. Big Beaver Road
[e-mail]
Troy, Michigan 48084
[phone]
[e-mail]

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TODD J. SHOUDY (P41895)
Attorney for St. Clair County, Lt. Peter
Biondo, Captain Bliss, Dep. D. Fleming,
Dep. Kacafirek, Dep. Kaminsky, Sgt.
LaBeau, Dep. Lembas, Dep. Methany,
Sgt. Olejnik, Dep. B. Rogers, Dep.
Schmidt, Dep. S. Walker, Sgt.
Witkowski, Dep. M. Zuehlke
Fletcher Fealko Shoudy & Francis, P.C.
1411 Third Street, 4th Floor, Suite F
Port Huron, Michigan 48060
[phone]
[e-mail]

KAREN M. FAETT (P41690)
Attorney for Reid Stromberg, MD
Siemion Huckabay
One Towne Square, Suite 1400
Box 5068
Southfield, Michigan 48086-5068
[phone]
[e-mail]

T. ALLEN FRANCIS (P66160)
Attorney for Officer Chad Smith
1411 Third Street, Suite F
Port Huron, Michigan 48060
[phone]
[e-mail]
__________________________________________________________________
STIPULATED PROTECTIVE ORDER
At a session of said Court, held in the United States District Court,
Eastern District of Michigan, on the 22nd day of August, 2016.
PRESENT: HONORABLE ROBERT H. CLELAND
United States District Court Judge
Pursuant to the stipulation of the parties, the following is ORDERED:
1.

The defendants may delete or redact from all documents and

information relating to the personnel files of the individually named defendants
that are disclosed during discovery in this matter the following items: the social
security numbers, addresses, and telephone numbers of individual employees; their
medical conditions or psychological assessments, if any; the names of their
immediate family members; and the names and addresses of any persons named as
personal references.
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2.

The documents and information constituting the personnel files of the

individually named defendants shall not be disclosed by a party or his or her
counsel except solely for the purpose of this litigation and then only to the parties’
retained experts, employees, court reporters, the court presiding over this matter,
mediators assigned to the case and the parties themselves.
3.

The disclosing party shall designate all such documents and

information as “Confidential — Subject to Protective Order,” and every person to
whom any disclosure of such confidential documents or information is made shall
be advised of the terms of this Protective Order and shall be bound by it.
4.

Except as permitted by an order of this Court, no person shall, for any

other purpose except prosecution or defense of this case, make use of any
information so designated as confidential.
5.

After entry of a final order or judgment in this case from which no

party may seek timely judicial review, all copies of all documents containing
information designed as confidential under this Protective Order shall be delivered
forthwith to the attorney for the party designating such information as confidential
but only upon request by said attorney. Otherwise, the documents will be
maintained in the ordinary course and this Order will remain in effect.

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6.

This Stipulated Protective Order is without prejudice to the right of

any party to seek relief from the Court upon good cause shown from any of the
restrictions above.
7.

This order does not authorize the filing of any documents under seal.

Documents may be sealed only if authorized by statute, rule, or order of the Court.
A party seeking to file under seal any paper or other matter in any civil case
pursuant to this section shall file and serve a motion that sets forth (i) the authority
for sealing; (ii) an identification and description of each item proposed for sealing;
(iii) the reason that sealing each item is necessary; (iv) the reason that a means
other than sealing is not available or unsatisfactory to preserve the interest
advanced by the movant in support of the seal; (v) a memorandum of legal
authority supporting the seal. See Local Rule 5.3. The movant shall not file or
otherwise tender to the Clerk any item proposed for sealing unless the Court has
granted the motion required by this section. Whenever a motion to seal is filed, the
movant shall submit a proposed order which states the particular reason the seal is
required. The proposed order shall be submitted to the judge to whom the case is
assigned or to the magistrate judge to whom the matter is referred, via the link

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located under the “Utilities” section of CM/ECF. If a motion to seal is granted, the
documents to be filed under seal shall be filed electronically by the movant.

s/Robert H. Cleland
ROBERT H. CLELAND
United States District Judge
Stipulated and Approved for Entry:

/s/ Todd J. Weglarz (with consent)___
TODD J. WEGLARZ (P48035)
Attorney for Plaintiff

/s/ Donald K. Warwick (with consent)
DONALD K. WARWICK (P44619)
Attorney for Amanda Bishop, LPN,
Kimberly King, LPN and Brandi
Schieman, LPN

/s/ Todd J. Shoudy _____________
TODD J. SHOUDY (P41895)
Attorney for St. Clair County, Lt. Peter
Biondo, Captain Bliss, Dep. D. Fleming,
Dep. Kacafirek, Dep. Kaminsky, Sgt.
LaBeau, Dep. Lembas, Dep. Methany,
Sgt. Olejnik, Dep. B. Rogers, Dep.
Schmidt, Dep. S. Walker, Sgt.
Witkowski, Dep. M. Zuehlke

/s/ Karen M. Faett (with consent)___
KAREN M. FAETT (P41609)
Attorney for Reid Stromberg, M.D.

/s/ T. Allen Francis (with consent)___
T. ALLEN FRANCIS (P66160)
Attorney for Officer Chad Smith

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