Ygeal v. Performance Management One, Inc.

Filing 16

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

Case 2:20-cv-10769-TGB-EAS ECF No. 16, PageID.123 Filed 01/07/21 Page 1 of 8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ROGER YGEAL,
Plaintiff,
v.

Hon. Terrence G. Berg
Mag. Judge Elizabeth A. Stafford
Civil Action No. 2:20-cv-10769

PERFORMANCE MANAGEMENT ONE,
INC., a foreign Limited Liability Company,
Defendant.
__________________________________________________________________
STIPULATED CONFIDENTIALITY PROTECTIVE ORDER
WHEREAS, parties and non-parties to this action (the “Litigation”), have
been or may be requested in the course of discovery or other proceedings to produce
or disclose testimony, documents, or other information (the “Discovery Material”)
that they consider private, confidential, or proprietary; and
WHEREAS, Defendant/Counter-Plaintiff Production Management One, Inc.
(“Defendant”) and Plaintiff/Counter-Defendant Roger Ygeal (“Plaintiff”) have
agreed, by and through their undersigned attorneys, to set forth procedures for, and
rules governing, the use of such Discovery Material;
1.

IT IS ORDERED that all Discovery Material produced, or depositions

taken in discovery in the Litigation, shall be used solely for purposes of the Litigation
and for no other purpose. If, in the course of discovery or other proceedings in this
action, Defendant or Plaintiff or any party to the Litigation, or any third party
discloses Discovery Material they deem private, confidential, or proprietary, the

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producing person or entity may designate such Discovery Material as “Confidential”
or “Attorneys’ Possession Only.” Discovery Material designated as Confidential or
“Attorneys’ Possession Only,” and all copies, summaries, or extracts thereof, shall
be referred to herein as “Confidential Material,” and shall be subject to all the terms
of this Stipulation and Protective Order (“Order”).
2.

Documents may be designated “Confidential” or “Attorneys’

Possession Only” by stamping each page of the document with the corresponding
legend. Deposition testimony may be designated “Confidential” or “Attorneys’
Possession Only” by so indicating orally on the record during the deposition, or by
subsequent designation in writing by the deponent or his/her attorney, or an attorney
for any party. The designated pages of the transcript of any such deposition shall be
marked by the court reporter with the appropriate legend.
3.

Any person in possession of Discovery Material shall maintain it in a

reasonable and appropriate manner so as to avoid disclosure of its contents in any
manner not permitted by this Order.
4.

Confidential Material shall not be disclosed, except as provided in

paragraphs 5 and 6 below, except upon prior written consent of the designating party.
5.

Confidential Material may be disclosed only to the extent reasonably

necessary for the conduct of the Litigation and only to the following:
(a)

the Court (including any appellate court), Court personnel, and
jurors;
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(b)
(c)

attorneys (including in-house and outside counsel) of the parties
to the Litigation (or the corporate parent of a party to the
Litigation) and such attorneys’ employees and administrative
staff;

(d)

parties to the Litigation and their officers, directors, trustees, and
employees;

(e)

the creator and addressees of such Confidential Material and
persons who received a copy thereof prior to its production in the
Litigation;

(f)

anticipated and actual fact witnesses other than the parties to the
Litigation, provided that counsel has a good-faith basis to
disclose such information to such witness; and

(g)
6.

court reporters in connection with the taking of a deposition or
the transcription of court proceedings;

experts, advisors, consultants, and other persons engaged to
assist directly in the Litigation.

Confidential Material designated as “Attorneys’ Possession Only” may

be disclosed to attorneys of the parties who are directly involved in the Litigation,
as well as those individuals set forth in Paragraph 5(c) and (d). Material designated
as “Attorneys’ Possession Only,” or any copies or reproductions thereof, shall not,
however, at any time leave the possession of those to whom the material was
disclosed. Nor may any compilation of the information ascertained from the material
be retained or held within the possession of anyone aside from those to whom the
material was disclosed.

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7.

With respect to persons specified in paragraph 5(f) and (g) above,

counsel shall provide such person a copy of this Stipulated Order and such person
shall be bound by it.
8.

In the event that counsel for any signatory to this Order at any time

believes that Confidential Material should cease to be so designated, such counsel
shall so notify counsel for the designating party. Counsel for the challenging and
designating parties shall confer in good faith within ten business days of such
notification in an effort to resolve the matter by agreement. If agreement is not
reached within ten business days thereafter, the designating party shall have the
burden of moving and may move upon proper notice within thirty days to obtain an
appropriate protective order. In the event that such a motion is made, any disputed
material shall remain protected by this Order until such motion is resolved.
9.

Compliance with the terms of the Order shall not be deemed an

admission that any Discovery Material is not otherwise protected from disclosure or
admissible in evidence and shall not constitute a waiver of the right of any person to
object to the production of any Discovery Material.
10.

This Order shall have no effect upon a designating party’s use of its

own Confidential Material.
11.

The inadvertent failure to designate Discovery Material as Confidential

or Attorneys’ Possession Only shall be corrected by supplemental written notice to
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the receiving party as soon as practicable, and the receiving party shall make all
reasonable efforts to retrieve all copies, if any, of such documents disclosed to
persons other than those listed in paragraph 5 and to prevent further use or disclosure
of Confidential Material or information contained in it.
12.

The production of privileged or work-product protected documents,

electronically stored information (“ESI”) or other information, whether inadvertent or
otherwise, is not a waiver of the privilege or protection from discovery in this case or
in any other federal or state proceeding. Nothing contained herein is intended to or
shall serve to limit a party’s right to conduct a review of documents, ESI or
information (including metadata) for relevance, responsiveness and/or segregation of
privileged and/or protected information before production. Any Discovery Material
so produced and subsequently made subject to a claim of privilege or work-product
shall immediately be returned to the producing person, and all copies or summaries
thereof immediately destroyed, and such Discovery Material shall not be introduced
into evidence in this or any other proceeding by any person or order of the Court,
nor will such Discovery Material be subject to production in any other proceeding
by virtue of the fact that it was inadvertently produced in this proceeding. The
production of any Discovery Material in this action, which, absent such production,
would have been in whole or in part privileged under the attorney-client privilege or
the work-product doctrine, will not waive the attorney-client privilege or the work5

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product doctrine as to any material not produced, regardless of its subject matter.
This Order shall be interpreted to provide the maximum protection allowed by Federal
Rule of Evidence 502(d).
13.

If any person in possession of Confidential Material is served with any

legal process or other request seeking production of such material, such person shall
give the designating party (a) prompt written notice of the receipt of such request;
(b) a copy of any proposed response to such request at least two business days prior
to furnishing such response; and (c) written notice of any hearing or other proceeding
relating to such request at least five business days prior to such hearing or other
proceeding (unless such person receives less than five business days’ notice, in
which event notice shall be given the same day as such person receives notice).
Nothing herein shall be construed as requiring the person served with any legal
process or other request seeking production of any Discovery Material to refuse to
comply with its legal obligations regarding such process or request.
14.

Nothing in this Order shall be deemed in any way to restrict the use of

Discovery Material that is publicly available or has been or could be legally and
appropriately obtained independent of formal discovery in the Litigation, whether or
not the same material has also been obtained through formal discovery in the
Litigation.

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15.

To the extent that there is any conflict between the terms of this Order

and rules of the Court, the rules of the Court will govern.
16.

Upon request of the designating party, and following the termination of

this action and any related proceedings and appeals, any person or entity in
possession of Confidential Material shall either (1) return such material to counsel
for the designating party; or (2) certify to counsel for the designating party that all
such material and copies, summaries, and extracts thereof have been destroyed,
provided, however, that the signatories to this Order and their counsel may retain
copies of attorney work-product and briefs, pleadings, and other papers filed with or
sent to the Court that incorporate, append, or refer to such material, with such papers
remaining subject to the terms and conditions of this Order.
17.

In the event that any person shall violate or threaten to violate any of

the terms of the Order, the aggrieved party may seek an appropriate remedy from
the Court
18.

The terms of this Order shall be effective and the parties and their

counsel shall be bound by the terms of this Order on the date the Order is signed by
the parties’ counsel.
19.

The terms of this Order shall not terminate at the conclusion of the

Litigation.

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20.

Prior to the time this Order is entered by the Court, Confidential

Material shall be subject to the terms of this Order to the same extent as though the
Order has been entered by the Court.
21.

Filing Protected Documents. Home addresses, phone numbers,

driver’s license numbers, social security numbers, and other proprietary or sensitive
information will be redacted from documents filed in the public record. If
Confidential Material is filed with the Court unredacted, it is to be sealed in
accordance with the applicable court rules (including Local Rule 5.3) and orders.
IT IS SO ORDERED.
January 7, 2021
DATE

/s/Terrence G. Berg_____________
HON. TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

WE HEREBY STIPULATE TO THE FOREGOING:
/s/ Paul J. Dillon (with consent)
Paul J. Dillon (P49613)
Dillon & Dillon, PLC
Attorneys for Plaintiff/
Counter-Defendant

/s/ Elyse K. Culberson
Allan S. Rubin (P44420)
Elyse K. Culberson (P82132)
Jackson Lewis P.C
Attorneys for Defendant/
Counter-Plaintiff

4843-8917-6784, v. 1

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