Maisano et al v. Coca-Cola Refreshments USA, Inc., et al

Filing 39

PROTECTIVE ORDER. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LINDA MAISANO and GINO MAISANO,
Plaintiffs,
USDC Case No. 12-CV-15086
v.
Hon. Mark A. Goldsmith
THE COCA-COLA COMPANY, a foreign
corporation, BOTTLING GROUP, LLC
d/b/a PEPSI BEVERAGES COMPANY,
a foreign corporation, and WAL-MART STORES, INC.,
d/b/a WAL-MART TAYLOR #2912, a foreign
corporation, jointly and severally,
Defendants.
___________________________________________________________________________/
Robert Gittleman P14025
Constantine N. Kallas P28532
Robert Gittleman Law Firm PLC
kallas & henk pc
Attorney for Plaintiffs
Attorney for Defendant Bottling Group LLC
31731 Northwestern Hwy., Ste. 101E
43902 Woodward Ave., Ste. 200
Farmington Hills MI 48334
Bloomfield Hills MI 48302
[phone]
[phone] ext. 201
[e-mail]
[e-mail]
David B. Timmis P40539
Vandeveer Garzia
Attorney for Defendant Coca-Cola
1450 West Long Lake Rd., Ste. 100
Troy MI 48098
[phone]
[e-mail]

Nicole M. Wright P63513
Nahan J. Fink P75185
Zausmer Kaufman August & Caldwell PC
Attorney for Defendant Wal-Mart
31700 Middlebelt Rd., Ste. 150
Farmington Hills MI 48334
[phone]
[e-mail]
[e-mail]
___________________________________________________________________________/
PROTECTIVE ORDER
This matter having come on to be heard on the Motion for Protective Order of Defendant
Bottling Group, LLC DBA Pepsi Beverages Company pursuant to the FRCP 26 (c) (1), the Court
having held argument on June 27, 2013 and being otherwise fully informed:
IT IS HEREBY ORDERED that the Motion is granted and Bottling Group, LLC is not
required to produce surveillance videos, surveillance photographs or surveillance reports until the
deposition examination of Plaintiff Linda Maisano has been taken by Defendants;
IT IS FURTHER ORDERED that immediately following the examination of Plaintiff Linda
Maisano by Defendants, counsel for Bottling Group, LLC will produce the surveillance related
materials;

IT IS FURTHER ORDERED that the deposition of Plaintiff Linda Maisano shall remain open
until such time as Plaintiff and Plaintiff’s counsel have the opportunity to review the surveillance
related materials and continue the deposition if necessary and if not, then the deposition may be
concluded thereafter.
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 seeking to file under seal
any paper or other matter in this case shall file and serve a motion that sets forth (I) the authority
for sealing; (ii) an identification and description of each item proposed for sealing; (iii) the reason
that sealing each item is necessary; (iv) the reason that means other than sealing are not available
or unsatisfactory to preserve the interest advanced by the movant in support of sealing; (v) a
memorandum of legal authority supporting sealing. See E.D. Mich LR 5.3. A party shall not file or
otherwise tender to the Clerk any item proposed for sealing unless the Court has granted the
motion required by this section.
Whenever a motion to seal is filed, the movant shall submit a proposed order which states
the particular reason the seal is required.

The proposed order shall be submitted to the

undersigned district judge or to the magistrate judge to whom the matter is referred, via the link
located under the “Utilities” section of CM/ECF. If a motion to seal is granted, the documents to be
filed under seal shall be filed electronically by the movant with an appropriate designation that the
documents are to be held under seal.
IT IS SO ORDERED.

Dated: July 2, 2013
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of
record and any unrepresented parties via the Court’s ECF System to their respective email
or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 2,
2013.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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