XPO CNW, INC. et al v. R & L CARRIERS, INC. et al

Filing 25

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
XPO CNW, INC., et al.,
Plaintiffs,
v.
R+L CARRIERS, INC., et al.,
Defendants.

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Case No. 2:16-cv-10391-RHC-SDD
Judge Robert H. Cleland
Magistrate Stephanie Dawkins Davis

AGREED PROTECTIVE ORDER
Pursuant to Federal Rule of Civil Procedure 26(c), 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” 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).

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b.

Independent experts or consultants, or outside vendors (document
management, coding, and other clerical-services vendors not employed by
a party or its attorneys) 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 5 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.

Highly Confidential Information – Attorney’s Eyes Only – Any document or

thing that a party in good faith believes to contain highly confidential information that is not
publicly available (such as a trade secret, or highly confidential research and development,
commercial, or other sensitive information) may be produced by that party with the clear and
obvious designation “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
4.

Non-Disclosure of Highly Confidential Information – Any document or thing

designated “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” may only be used to
prosecute or defend this action and shall not be disclosed to (nor the content discussed with)
anyone other than the following persons:
a.

Outside attorneys of record in this lawsuit and their support staff (e.g.,
copying and document management personnel).

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b.

Independent experts or consultants, or outside vendors (document
management, coding, and other clerical-services vendors not employed by
a party or its attorneys) 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 5 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.
5.

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” or
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” are disclosed to an independent
expert or consultant, the receiving party shall give the producing party seven (7) days written
notice of the proposed expert. If the producing party objects to the expert, no designated
material or information of the producing party shall be disclosed to the expert or consultant until
the issue is resolved by the Court.
6.

Deposition Testimony – Any portions of requested testimony, a transcript and/or

a brief may be designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 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.

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7.

Motion Practice – All documents, testimony, and information designated as

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY” 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 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.
8.

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 under either the “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”
designation.
9.

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.

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10.

Trial Testimony – This Protective Order shall not govern proceedings at trial.

11.

Termination of Lawsuit – All documents and things designated as

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY,” and all copies thereof, shall either be returned to the party that
produced them upon the final disposition of this action (including the exhaustion of all appeals)
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.
12.

Inadvertent Production of Privileged Material – Any inadvertent production of

privilege 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: April 7, 2016

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

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STIPULATED AND AGREED TO:

FOR PLAINTIFFS:

FOR DEFENDANTS:

/s/ Robert Hugh Ellis
Samuel C. Damren (P25522)
Thomas M. Schehr (P54391)
Robert Hugh Ellis (P72320)
Dykema Gossett PLLC
400 Renaissance Center
Detroit, MI 48243
[phone]
[e-mail]
[e-mail]
[e-mail]

/s/ Anthony C. White
Anthony C. White
David J. Carey
Thompson Hine LLP
41 South High Street, Suite 1700
Columbus, Ohio 43215
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Kevin N. Summers (P34458)
Dean & Fulkerson, P.C.
801 W. Big Beaver Road, Suite 500
Troy, MI 48084
Tel: [phone]
Fax: [phone]
[e-mail]

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
XPO CNW, INC., et al.,
Plaintiffs,
v.
R+L CARRIERS, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 2:16-cv-10391-RHC-SDD
Judge Robert H. Cleland
Magistrate Stephanie Dawkins Davis

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” or “HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY” 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 PROTECTIVE
ORDER” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 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.

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5.

I understand that any disclosure or use of documents or things designated as
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY,” 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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