Penn v. Bed Bath & Beyond, Inc. et al

Filing 26

STIPULATED PROTECTIVE ORDER. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TODD CHARLES PENN,
Plaintiff,

Case No. 17-cv-10862
Hon. Matthew F. Leitman

v.
BED BATH & BEYOND, INC., et al.,
Defendants.
____________________________________________________________________/
STIPULATED PROTECTIVE ORDER
THIS MATTER having come before this Honorable Court upon stipulation of
counsel for Plaintiff and for Defendants, and the Court being otherwise fully advised
in the premises:
IT IS HEREBY ORDERED that the City of Novi policies and procedures be
produced subject to the following conditions;
1. The documents subject to this protective order shall be used solely and
exclusively for the purposes of the instant lawsuit and can be used in any and
all court filings, judicial proceedings, depositions, alternative dispute
resolution proceedings, trial, and/or any other judicially-related proceedings.
2. The documents subject to this protective order shall not be used in or for any
other case, proceeding, dispute, or for any commercial, business, or
competitive purpose whatsoever.

3. The documents subject to this protective order may be reviewed by Counsel
for the parties, Counsels’ staff, those individuals associated with the activities
cited in subparagraph (1), and such experts and/or consultants as Counsel
deems necessary for purposes of this litigation.
4. The documents provided pursuant to this Protective Order may be disclosed
only to those individuals and/or entities identified in this protective order and
must be used only by those individuals and/or entities identified in this
protective order and must only be used for purposes of this litigation.
5. 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 or stipulation 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; and, if a party files a motion only, (v) a memorandum of legal
authority supporting the seal. See Local Rule 5.3. No party shall file or
otherwise tender to the Clerk any item proposed for sealing unless the Court
has entered an order allowing filing under seal.

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IT IS FURTHER ORDERED that nothing in this protective order shall prevent
a party from filing a Motion for Modification of the Protective Order.
IT IS FURTHER ORDERED that this protective order shall survive and
remain in full force and effect until the entry of final judgment (including any appellate
proceedings) in this case, whether by settlement or litigation, unless otherwise ordered
by the Court.
IT IS FURTHER ORDERED that the documents produced under the
protective order do not constitute an admission and/or agreement that any such
document is admissible as evidence in this case.

Determinations of evidence

admissibility will be made by the Court in separate proceedings.
IT IS FURTHER ORDERED that the documents produced pursuant to this
protective order shall be destroyed by Plaintiff’s and/or Defendants’ Counsel after final
disposition (including all appeals) of the case except any documents attached to any
pleadings filed with the court, deposition exhibits, or other pleadings.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 21, 2018

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We Stipulate and Agree to Entry of the Above Order:
s/CHRISTOPHER J. RAITI
G. GUS MORRIS (P32960)
CHRISTOPHER J. RAITI (P68600)
McGRAW MORRIS P.C.
Attorneys for Defendant Bergtold
2075 West Big Beaver Road
Suite 750
Troy, MI 48084
[phone]
[e-mail]

s/KENNETH D. FINEGOOD
KENNETH D. FINEGOOD (P36170)
Kenneth D. Finegood, P.L.C.
Attorney for Plaintiff
29566 Northwestern Highway
Suite 120
Southfield, MI 48034
[phone]
[e-mail]

s/JOHN J. GILLOOLY
JOHN J. GILLOOLY (P41948)
GARAN LUCOW MILLER PC
Attorney for Def Bed Bath & Beyond
1155 Brewery Park Blvd.
Ste. 200
Detroit, MI 48207
[phone]
[e-mail]

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