Hooks v. Warren, City of et al

Filing 12

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NANCY HOOKS,
Case No. 2:21-cv-10743-TGB-KGA
Hon. Terrence G. Berg
Mag. Kimberly G. Altman

Plaintiff,
vs.
CITY OF WARREN, a Municipal Corporation;
d/b/a CITY OF WARREN POLICE DEPARTMENT,
and POLICE OFFICERS: OFFICER LUCAS DOE;
OFFICR BRYAN MUNAFO; OFFICER A. KOERNER;
Each in their individual and official capacity,
jointly and severally,

Defendants.
_____________________________________________________________________________/
KORKIS LAW FIRM, PLLC
KIRK, HUTH, LANGE & BADALAMENTI, PLC
By: NINA KORKIS TAWEEL (P63031)
By: ROBERT S. HUTH, JR. (P42531)
Attorneys for Plaintiff
RAECHEL M. BADALAMENTI (P64361)
1360 Porter St., Ste. 200
ELIZABETH P. ROBERTS (P76017)
Dearborn, MI 48124
Attorneys for Defendants
[phone]
19500 Hall Road, Suite 100
[e-mail]
Clinton Township, MI 48038
[phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
ELDER BRINKMAN LAW
By: AZZAM E. ELDER (P53661)
Co-Counsel for Plaintiff
1360 Porter St., Ste. 200
Dearborn, MI 48124
[phone]
[e-mail]
_____________________________________________________________________________/
STIPULATED PROTECTIVE ORDER

1.

The documents identified in paragraph 2 hereto shall be deemed

Confidential and shall be omitted from any filing, appropriately redacted and/or filed
under seal from public view if submitted with any filing in this matter absent
1

agreement of the Designating Party, as described in paragraphs 5 and 6 below. Said
materials may be affixed to a “Judge’s Copy” that is mailed or hand delivered
directly to the presiding Judge or Magistrate for purposes of any motion, conference
or other proceeding in this case so long as the same are clearly marked
“Confidential” so as to reasonably inform Court personnel that the document must
be sealed from public view.
2.

This Order applies to the following:
a) Personnel records of Defendant Officers;
b) Policies, procedures and General Orders of Defendant City of
Warren and/or its Police Department; and
c) City of Warren Police Incident Reports, attachments thereto and
other materials of the City of Warren and/or its Police Department
marked “Privileged” or “Confidential”.

3.

This confidential information shall only be used to prosecute or defend

this action and shall not be disclosed to (or the content discussed with) anyone other
than the following Qualified Recipients:
a.

The named parties to this litigation;

b.

Counsel and law firms for each party and the secretarial, clerical and
paralegal staff of each;

c.

Third-party records and/or expert service providers, including but not
limited to MinuteMan, ExamWorks and RubinAnders;

d.

Deposition notaries and staff;

e.

Deponents during the course of their depositions or potential witnesses
of this case. Such deponents may be shown “Confidential” materials
during their deposition but shall not be permitted to keep copies of said
2

Confidential materials nor any portion of the deposition transcript
reflecting the Confidential information discussed therein;
f.

Persons other than legal counsel who have been consulted, retained or
specially employed by a party as an expert witness for purposes of this
lawsuit or to perform investigative work or fact research;

g.

Persons other than legal counsel who have been consulted, retained or
specially employed by a party to assist in the preparation and trial of
this case; and

h.

This Court and its staff members.

4.

Nothing in this Order shall prevent either party from using any

information classified as Confidential at trial, or during a hearing, subject to the
paragraph 1 above. However, the party that designated material “Confidential” may
request that the portion of the proceedings where said use is made shall be in camera
and that the transcript of that portion of the proceeding be maintained under seal in
accordance with paragraph 1 hereof, with access thereto limited to Court personnel
and persons entitled to access under this Order.
5.

Filing Under Seal. 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 filing a pleading that recites or relies upon a document
marked “Confidential” shall be required to meet and confer with the Designating
Party to lift the designation before it may be filed into the public record. The
Designating Party shall in good faith consider any request to remove the designation
and respond reasonably to such request(s). To the extent there is no agreement
3

reached as to the designation, the party may not file the designated document into
the public record and must submit it under seal. To do so that party must file and
serve a motion that sets forth: (a) the authority for sealing; (b) an identification and
description of each item proposed for sealing; (c) the reason that sealing each item
is necessary; (d) 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 (e) a memorandum of legal authority supporting the seal. See E.D. Mich. LR
5.3; Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th
Cir. 2016). With the exception of limited purpose filings allowed by Eastern District
of Michigan Local Rule 5.3(b)(3)(A)(vi), no party shall file or otherwise tender to
the Clerk any item proposed for sealing unless the Court has granted the motion
required by this section. If a motion to seal is granted, then the documents to be
sealed may be separately electronically filed under seal.
6.

Notice to Designating Party. Any party, other than the Designating

Party, that anticipates filing any material that has been designated as Confidential
Information must provide reasonable notice to the Designating Party of the proposed
filing, so that the Designating Party will have ample time, if it so desires, to file a
motion for leave to file the material in question under seal. The parties then shall
meet and confer in connection with any anticipated motion for an order authorizing
the filing of Confidential Information under seal, in a good faith attempt to reach an
4

agreement regarding whether the Confidential Information should be filed under
seal. See E.D. Mich. LR 7.1(a). If an agreement is reached, then the parties may file
a joint motion for leave to file under seal, in conformance with paragraph A and
Eastern District of Michigan Local Rule 5.3. If an agreement is not reached, then the
Designating Party may file a motion in compliance with paragraph A and Local Rule
5.3. If the motion is denied, then the party separately may file the material, but not
under seal.
7.

Nothing in this Order shall be construed as an admission as to the

relevance, authenticity, foundation or admissibility of any document, material,
transcript or other document.
8.

Nothing in this Order shall be deemed to preclude any party from

seeking or obtaining modification of this Order.
So Stipulated:
By: /s/ Nina Korkis Taweel
Nina Korkis Taweel (P63031)
Attorney for Plaintiff
Dated: November 19, 2021

By: Raechel M. Badalamenti
Raechel M. Badalamenti (P64361)
Attorney for Defendants

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

5