Grimes v. DOE

Filing 56

PROTECTIVE ORDER REGARDING DISCOVERY PRODUCED BY THE STATE OF MICHIGANAND THE MICHIGAN STATE POLICE. Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
MONIQUE GRIMES, as Personal
Representative of the Estate of
Damon Grimes, deceased,
Plaintiff,

No. 2:17-cv-12860
Consolidated with No. 2:17-cv-13580

v

HON. GERSHWIN A. DRAIN

TROOPER MARK BESSNER,
and TROOPER ETHAN
BERGER,

MAG. ELIZABETH A. STAFFORD

Defendants.
Geoffrey N. Fieger (P30441)
Mark E. Donnelly (P39281)
Gina U. Puzzuoli (P37992)
John G. Fedynsky (P65232)
James J. Harrington IV (P65351) Joseph T. Froehlich (P71887)
Danielle L. Dezbor (P79488)
Assistant Attorneys General
Fieger, Fieger, Kenney &
Attorneys for SOM and MSP
Harrington, P.C.
Civil Litigation, Employment &
Attorneys for Plaintiff
Elections Division
19390 West 10 Mile Road
P.O. Box 30736
Southfield, MI 48075
Lansing, MI 48909
248.355.5555
517.373.6434
__________________________________________________________________
PROTECTIVE ORDER REGARDING
DISCOVERY PRODUCED BY THE STATE OF MICHIGAN
AND THE MICHIGAN STATE POLICE
IT IS ORDERED, that the production of any discovery by the State of
Michigan and the Michigan State Police, whether produced voluntarily or pursuant
to court order, will be subject to the following protective conditions:

1.

The discovery involved may contain, in part, confidential and/or

privileged information regarding the individual Defendants, other individuals,
and/or policies, procedures, of the Michigan Department of State Police, and that
the dissemination of said materials may hinder the ability of the Department to
conduct ongoing investigations or assist current or future prosecutions.
2.

The information derived from this discovery shall be used solely and

exclusively for purposes of this lawsuit. Such information shall not be used in or for
other cases, proceedings or disputes, or for any other purpose whatsoever.
3.

The aforementioned materials may not be disclosed to any person

other than parties, counsel of record for the respective parties to this litigation, the
paralegal and clerical staff of same, expert witnesses or consultants engaged by
counsel, and the court and court personnel, under such safeguards as the court may
direct so as to preserve and to protect the confidentiality of information made
reference to herein. Should the materials be quoted/paraphrased in any pleading,
brief, or other legal document that will become a part of the court file in this case,
said pleading, brief or other legal document shall be submitted to the Court under
seal so as not to become a part of any public record.
4.

All the persons to whom this confidential information and/or

documents are disclosed are hereby enjoined from using the same except in
connection with this litigation (under such safeguards as the court may require) and
from disclosing the same to any other person except where a party knowingly
provides the disclosure to any witness. A breach of the provisions of this order shall

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be subject to appropriate sanctions, in the discretion of the court, as authorized by
any statute, rule or the inherent power of the court, or as otherwise provided by
law.
5.

The provisions of this Order shall survive and remain in full force and

effect after the entry of final judgment (including any appellate proceedings) in this
case, whether by settlement or litigation unless otherwise ordered by this Court.
6.

The production of discovery subject to this protective order does not

constitute an admission or agreement that any document or information is
admissible as evidence in this case.
7.

Necessary modification of this order may be sought by stipulation or by

motion to the Court upon a showing of good cause.
8.

Notwithstanding the above, the social security numbers of any person

shall not be furnished to Plaintiff.
9.

Procedure upon termination of this action: 60 days after the

termination of this action by order or judgment, or by an appellate mandate if
appealed, the material submitted under seal pursuant to this protective order will
be unsealed and placed in the public case file, unless counsel present a proposed
order directing the Clerk’s Office to return them to the parties responsible for their
submission. An order for the return of protected documents to the parties or
attorneys who submitted them shall require counsel to maintain one archival copy
of depositions, exhibits, transcripts, court exhibits and transcripts, and documents
and information included in submissions to the court.

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SO ORDERED.
Dated: March 29, 2018

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 29, 2018, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

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