Bowles v. Macomb Community College et al

Filing 76

STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)

Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1517 Filed 11/21/22 Page 1 of 6

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Glenn Bowles,
Plaintiff,
v.
Macomb Community College, et al,

No. 20-cv-13175
HON. ROBERT H.
CLELAND

Defendants, Jointly and
Severally.

MAG. KIMBERLY G.
ALTMAN

Marc M. Susselman (P29481)
Attorney for Plaintiff
43834 Brandywyne Rd.
Canton, MI 48187
[phone]
[e-mail]

Martin H. Leaf (P43202)
Attorney for Plaintiff
19641 Mack Ave.
Grosse Pointe Woods, MI
48226
[phone]
[e-mail]

Mark Sands (P67801)
Assistant Attorney General
Attorney for Non-Party Michigan
Commission on Law Enforcement
Standards
Alcohol & Gambling Enf. Div.
2860 Eyde Parkway
East Lansing, MI 48823
[phone]
[e-mail]

John A. Schapka (P36371)
Peter Jensen (P25001)
Attorneys for Defendants
Macomb County and
Elizabeth Darga
One Main Street, 8th Floor
Mount Clemens, MI 48043
[phone]

STIPULATED AGREEMENT FOR PROTECTIVE ORDER
BETWEEN PLAINTIFF AND NON-PARTY MICHIGAN
COMMISSION ON LAW ENFORCEMENT STANDARDS

Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1518 Filed 11/21/22 Page 2 of 6

On October 25, 2022, this Court issued an opinion and order
granting in part and denying in part non-party Michigan Commission
on Law Enforcement Standards’ (“Commission”) motion to quash
Plaintiff’s subpoena. R. 75, Opinion and Order, p. 7-8, PageID.1515-16.
The Court ordered that the Commission’s September 23, 2019
investigative report be produced under a stipulated protective order.
R. 75, p. 8, PageID.1516. Pursuant to that Order, upon stipulation of
Counsel for Plaintiff and the Commission, and the Court being
otherwise fully advised in the premises:
It is hereby ordered that a physical copy of the September 23,
2019 investigative report (“Report”) be produced to Plaintiff’s counsel no
later than November 18, 2022, subject to the following conditions:
1.

The Report subject to this protective order shall be used

solely and exclusively for the purposes of the instant lawsuit unless
otherwise stipulated to by the parties. The identity of specific
individuals named in the Report shall not be disclosed in any public
filing except as approved by stipulation or by order of the Court.
2.

The Report subject to this protective order shall not be used

in or for any other case, proceeding, dispute, or for any commercial,
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Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1519 Filed 11/21/22 Page 3 of 6

business, or competitive purpose whatsoever unless otherwise
stipulated to by the parties. No person authorized to view the Report
under this Order shall disclose the identity of any individual named in
the report, unless otherwise stipulated by the parties or by Order of this
Court.
3.

The Report subject to this protective order may be reviewed

by Counsel of the parties, Counsels’ staff, those individuals associated
with the activities cited in subparagraph (1), and such agents, experts,
and/or consultants as Counsel deems necessary for purposes of this
litigation. Plaintiff shall inform the Commission of any copy of the
Report created to allow an expert to review it. Any expert who receives
the Report shall be provided a copy of this protective order and shall
indicate their agreement to that order. In addition to agreeing to abide
by this order, the expert shall not copy or share this Report with anyone
in any format. Further, any expert who receives this Report shall
return that copy of the Report to Counsel for the Commission upon the
entry of final judgment (including any appellate proceedings) in this
case.

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Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1520 Filed 11/21/22 Page 4 of 6

4.

The Report 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.

Counsel may review the Report with Plaintiff, but shall not

provide Plaintiff with copies of, or permit Plaintiff to make copies of, or
have unsupervised access to, the Report.
6.

Upon conclusion of the litigation, including any appeals,

Counsel for Plaintiff shall return the physical copy of the Report to
Counsel for the Commission. To the extent that materials subject to
this protective order have been incorporated into attorney work product,
Counsel for Plaintiff agrees to destroy that material after a period of
two years from the last day of services in this matter, subject at all
times to the terms of this Order.
IT IS FURTHER ORDERED that nothing in this protective order
shall prevent a party from filing a Motion for Modification of the
Protective Order.

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Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1521 Filed 11/21/22 Page 5 of 6

IT IS FURTHER ORDERED that this protective order shall
survive and remain in full force and effect until the Report has been
returned to the Commission following the entry of final judgment
(including any appellate proceedings) in this case, whether by
settlement or litigation, or if materials subject to this order are
contained in attorney-work product, two years after the last day of
services in this matter, 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 SO ORDERED.
Dated: November 21, 2022

s/Robert H. Cleland
Hon. Robert H. Cleland
United States District Court Judge

The parties hereby Stipulate and Agree:
/s/ Marc M. Susselman
Marc M. Susselman (P29481)
Attorney for Plaintiff
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Case 3:20-cv-13175-RHC-KGA ECF No. 76, PageID.1522 Filed 11/21/22 Page 6 of 6

/s/ Mark G. Sands
Mark G. Sands (P67801)
Assistant Attorney General
Attorney for the Commission

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