SAMAG SAALFELDER WERKZEUGMASCHINEN GMBH

Filing 16

STIPULATED PROTECTIVE ORDER. Signed by District Judge Terrence G. Berg. (AChu)

Case 2:20-cv-10229-TGB-DRG ECF No. 16, PageID.74 Filed 01/08/21 Page 1 of 4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SAMAG Saalfelder
Werkzeugmaschinen GmbH,
corporation organized under the laws
of the Federal Republic of Germany,

Case No. 20-cv-10229-TGB-DRG
Hon. Terrence G. Berg

Plaintiff,
v.
JD Norman Industries, Inc.
an Illinois corporation,
Defendant.
MILLER, CANFIELD, PADDOCK
and STONE, P.L.C.
Lawrence M. Dudek (P29023)
Nashara A. L. Peart (P83078)
Attorneys for Plaintiff
150 West Jefferson, Suite 2500
Detroit, Michigan 48226
[phone]
[phone]
[e-mail]
[e-mail]

PAUL HASTINGS LLP
Michael C. Whalen
Jeremy H. Salinger
Attorneys for Defendant
71 South Wacker Drive, 45th Floor
Chicago, Illinois 60606
[phone]
[phone]
[e-mail]
[e-mail]

STIPULATED PROTECTIVE ORDER
Pursuant to Federal Rule of Civil Procedure 26(c), the Court hereby enters the
following protective order. This matter comes before the Court as follows:

Case 2:20-cv-10229-TGB-DRG ECF No. 16, PageID.75 Filed 01/08/21 Page 2 of 4

A.

Plaintiff SAMAG Saalfelder Werkzeugmaschinen GmbH (“SAMAG”)

commenced this suit against Defendant JD Norman Industries, Inc. (“JD Norman”)
asserting a claim based upon a guaranty. Defendant denies liability.
B.

The parties have conducted settlement discussions. In connection with

those discussions Plaintiff SAMAG has asked Defendant JD Norman to provide
financial disclosure and certain documents regarding Defendant’s financial affairs.
Defendant is willing to provide such financial disclosure and certain documents
regarding Defendant’s financial affairs provided that such disclosure and production
is maintained confidential as set forth herein.
IT IS HEREBY ORDERED as follows;
1.

Confidential Documents shall be defined as any information related to

the financial condition or affairs of Defendant JD Norman, and any of its subsidiary,
affiliate and related entities and shall include, but not be limited to, any financial
statements, income statements, balance sheets, tax returns, financial reports prepared
by any consultants, and other financial records, which may be produced by
Defendant to Plaintiff or otherwise made available to Plaintiff for purposes of
settlement discussions.
2.

Consistent with the definition of Confidential Documents above, JD

Norman may designate a document as a Confidential Document by placing a

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Case 2:20-cv-10229-TGB-DRG ECF No. 16, PageID.76 Filed 01/08/21 Page 3 of 4

"CONFIDENTIAL – Subject to Protective Order" stamp on the document prior to
its transmission to Plaintiff’s counsel.
3.

Confidential Documents and the information contained therein shall not

be disclosed except to (a) counsel of record for Plaintiff in this suit and any other
counsel representing or advising Plaintiff with respect to the matter of settlement of
this case, including Plaintiff’s German counsel, (b) officers and employees of
Plaintiff having responsibility for making the determination as to settlement of the
claims asserted by Plaintiff; (c) any accountants or other experts or consultants
retained on behalf of Plaintiff to evaluate settlement considerations. Confidential
Documents and the information contained therein shall be used by Plaintiff solely
for purposes of evaluating any settlement offer made by Defendant and determining
whether to move forward with the prosecution of this suit.
4.

Each person to whom the Confidential Documents, or any information

contained therein, is disclosed, shall, before obtaining access to such material, be
provided with a copy of this Order by counsel making the disclosure, and shall agree
in writing, on behalf of themselves and their agents and employers, to be bound by
the terms hereof.
5.

Nothing in this Order shall obligate any party to share any Confidential

Documents with any other party.

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Case 2:20-cv-10229-TGB-DRG ECF No. 16, PageID.77 Filed 01/08/21 Page 4 of 4

5.

The parties shall take all steps reasonably required to protect the

confidentiality of any Confidential Documents used in a hearing.
6.

After termination of this litigation, the provision of the Order shall

continue to be binding. The Court shall retain and have jurisdiction over the parties
and recipients of the Confidential Documents for enforcement of the provisions of
this Order following termination of this litigation.

DATED: January 8, 2021

/s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

APPROVED AS TO FORM AND
CONTENT:
__/s/ Michael C. Whalen (with permission)
Michael C. Whalen (admitted in E.D. Mich.)
Jeremy H. Salinger (admitted to E.D. Mich.)
Attorneys for Defendant
71 South Wacker Drive, 45th Floor
Chicago, Illinois 60606
[phone]
[phone]
[e-mail]
[e-mail]

____/s/ Nashara A.L. Peart________
Lawrence M. Dudek (P29023)
Nashara A. L. Peart (P83078)
Attorneys for Plaintiff
150 West Jefferson, Suite 2500
Detroit, Michigan 48226
[phone]
[phone]
[e-mail]
[e-mail]
37038291.4/154996.00002

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