Clarke v. Michigan Department of Corrections

Filing 54

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHEILA CLARKE, as Personal
Representative for The Estate of JANIKA
NICOLE EDMOND, deceased,
No. 2:17-cv-10528
Plaintiff,
v

HON. ROBERT H.
CLELAND

MICHIGAN DEPARTMENT OF
MAG. DAVID R. GRAND
CORRECTIONS, WARDEN ANTHONY
STEWART, individually and in his official
capacity; DEPUTY WARDEN DAVID
JOHNSON, individually and in his official
capacity; DEPUTY WARDEN
OSTERHOUT, individually and in his
official capacity; CO DIANNA
CALLAHAN, individually and in her
official capacity; A/RUM KORY MOORE,
individually and in his official capacity;
CO R’KIA TAYLOR, individually and in
his official capacity; SGT. KRISTA
SURBIC, individually and in her official
capacity; SGT. LOREN HAILES,
individually and in her official capacity;
CO HEATHER WASHINGTON,
individually and in her official capacity;
CO JOHANNA BARTEL, individually and
in her official capacity; CO ALEXIA
JOHNSON, individually and in her official
capacity; CO LASHAWNA DONALD,
individually and in her official capacity;
CO TRACY MAUPINS, individually and
in her official capacity; RN MARCIA
PORTER, individually and in her official
capacity, jointly and severally,

Defendants.
Cary S. McGehee (P42318)
Beth M. Rivers (P33614)
Pitt McGehee Palmer & Rivers P.C.
Attorneys for Plaintiff
117 W. Fourth St., Ste. 200
Royal Oak, MI 48067
[phone]
[e-mail]
[e-mail]

David Steingold (P29752)
Law Offices of David S. Steingold PLLC
Attorney for Plaintiff
400 Monroe St., Ste. 280
Detroit, MI 48226-2962
[phone]
[e-mail]

Rock Wood (P41181)
Clifton B. Schneider (P70582)
Lisa Geminick (P60964)
Attorneys for Defendants MDOC,
Stewart, D. Johnson, Osterhout,
Taylor, Surbic, Hailes, Washington,
Bartel, A. Johnson, Donald and
Maupins
Michigan Dept. of Attorney General
Civil Litigation, Employment
& Elections Division
P.O. Box 30736
Lansing, MI 48909
[phone]
[e-mail]
[e-mail]
[e-mail]

Stephen J. Francis (P55473)
Dold, Spath & Kiriazis, P.C.
Attorneys for Defendant Kory Moore
17190 Denver Street
Detroit, MI 48224
[phone]
[e-mail]

/
STIPULATED PROTECTIVE ORDER REGARDING
VIDEOS
The parties concur, and the Court has determined that,
surveillance video(s) (“video”) produced by the MDOC is subject to the
terms of this protective order for safety and security concerns of the
prison facilities, prison staff, visitors and the general public, and
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prisoners. The release of surveillance video outside of the strictures of
this protective order could compromise the ability of the MDOC to
maintain order and security in its facilities.
These surveillance video(s) is marked as “confidential” and
“attorney eyes only”. The surveillance video may be reviewed only by
counsel of record in reference to this litigation; the surveillance video is
not to be released to or viewed by the general public or any current or
former prisoner of the MDOC. The surveillance video shall not be
copied or saved to any computer. This prohibition includes any portions
of the surveillance video. Nor may any portions of the surveillance
video be shown, provided to, or otherwise published to any prisoner,
former prisoner, or any other person not a Defendant in this case or
employed by the MDOC, absent further order of the Court or stipulation
by the MDOC.
The surveillance video may be used by counsel for the parties,
their staff, and any expert witness retained by them solely for the
purpose of this litigation. The surveillance video may not be
disseminated to or kept by any witness and may not be shown to any
person incarcerated by the MDOC. The surveillance video shall be
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returned at the conclusion of this case to Rock Wood, Assistant Attorney
General (or his successor), for disposition by the MDOC.
The surveillance video may not be filed with the Court or the Clerk
of the Court unless filed under seal in accordance with Fed. R. Civ. P.
5.2 and local court rules. If the surveillance video is used as an exhibit to
any deposition, then any portions of the deposition transcript discussing
the surveillance video shall be covered by the terms of this protective
order, and if any such portions of the deposition transcript are filed with
the Court, they must be filed under seal in accordance with Fed. R. Civ.
P. 5.2 and local court rules.
The parties agree that if any of the surveillance video subject to this
protective order is deemed admissible at trial that the Court will not
retain the surveillance video and it shall be returned to the Defendants’
counsel.
IT IS SO ORDERED.

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

Dated: October 25, 2017

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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 25, 2017, by electronic and/or ordinary mail.

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

Stipulated and Approved for Entry:
s/Cary S. McGehee (w/consent)
Cary S. McGehee (P42318)
Attorney for Plaintiff

Date: October 18, 2017

s/Rock Wood
Rock Wood (P41181)
Defendants MDOC, Stewart, D. Johnson,
Osterhout, Taylor, Surbic, Washington,
Hailes, Bartel, A. Johnson, Donald
and Maupins

Date: October 18, 2017

s/Stephen J. Francis (w/consent)
Stephen J. Francis (P55473)
Attorneys for Defendant Kory Moore

Date: October 18, 2017

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