Marmorstein v. Kent

Filing 22

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WARREN MARMORSTEIN,
Plaintiff,
vs.

Case No. 4:13-cv-14145-MAG-LJM
Hon. Mark A. Goldsmith

BEVERLY JUNE KENT,
Defendant.
/
STIPULATED PROTECTIVE ORDER
I.

The following shall govern the exchange of documents in the context of

settlement negotiations:
1.

All documents exchanged by the parties pursuant to settlement

negotiations shall be identified and designated by the parties as “PRIVILEGED
AND CONFIDENTIAL SETTLEMENT COMMUNICATION.” All such
designated documents:
(a)

are for attorney eyes only and may not be disclosed to the
parties;

(b)

shall not be filed with this Court and may not otherwise be
used by the parties in this proceeding;

(c)

are inadmissible pursuant to F.R.E. 408;

(d)

shall be destroyed or returned to the respective party at the
conclusion of this litigation.

II.

The following shall govern the exchange of confidential information.
1.

All documents, including but not limited to, trust agreements, bank

statements, tax returns, and all information therein, which would tend to reveal
sensitive, personal or confidential information not otherwise available to the
public, identified and designated by the parties as "CONFIDENTIAL" shall be
deemed by the parties to this Protective Order and their counsel to be particularly
confidential and all such designations shall be made in good faith. Documents and
information which are designated "CONFIDENTIAL" by the parties will be
produced subject to the restrictions set forth in subparagraphs (a) and (b) herein
below. Said documents and information may be used only for purposes of this
action, and may be disclosed or communicated only to:
(a)

(b)

2.

Counsel for the parties and their employees (herein
"counsel");
Court personnel and certified shorthand reports and their
employees.

All documents produced, including but not limited to, trust

agreements, bank statements, tax returns, and all information therein, which
contain sensitive, personal or confidential information not otherwise available to
the public may be designated as such by marking each page of the document or
thing at or before the time of production substantially as follows:
"CONFIDENTIAL"
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The documents and things produced which contain "CONFIDENTIAL"
information may also be designated by marking the top/cover page of the
document or item to read substantially as follows:
"THE INFORMATION HEREIN IS TO BE TREATED AS
'CONFIDENTIAL'
IT IS NOT TO BE USED, COPIED OR DISCLOSED TO OUTSIDE
PARTIES WITHOUT PRIOR WRITTEN CONSENT."
In lieu of marking the original documents, the party may mark the copies that are
produced or exchanged.
3.

Information disclosed at a deposition may be designated as

"CONFIDENTIAL" by:
(a)

Indicating on the record at the deposition that the
testimony is "CONFIDENTIAL" and subject to the
provisions of this Order; or,

(b)

Notifying all counsel for the parties, within thirty days
after receipt of the transcript of the testimony in question,
on the record or in writing, that the testimony in question
relates to or bears upon a document containing
"CONFIDENTIAL" information.

Those portions of a deposition that are so designated shall be so stamped
and the restrictions set forth above shall apply to material or information
designated as "CONFIDENTIAL." All deposition transcripts shall be treated as
if designated "CONFIDENTIAL" until thirty days after receipt of the transcript
of the testimony in question, or until counsel for the disclosing party makes the
appropriate designation, whichever is sooner.
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4.

Any information designated as "CONFIDENTIAL," shall not be

used by the other party for any purpose other than in connection with this
litigation.
5.

Nothing shall prevent disclosure beyond the terms of this Order if the

party designating the information as Confidential consents, in writing, to such
disclosure, or if the Court, after notice to all parties, orders such disclosure.
6.

In any proceeding brought before the Court on any Motion to resolve

any dispute concerning the propriety of a "CONFIDENTIAL" designation, the
burden shall be upon the party asserting that the document, information or
deposition testimony is "CONFIDENTIAL" to demonstrate that under applicable
legal standards, the documents and materials in question are sufficiently sensitive
to warrant the appropriate confidential designation made and/or limitations sought
by that party; however, all documents, information or deposition testimony
designated as "CONFIDENTIAL" shall be treated as such and no disclosure
thereof shall be made except as expressly permitted by this Order unless and until
the Court has resolved the dispute by allowing further disclosure.
7.

A party shall not be obligated to challenge the propriety of a

Confidential designation at the time made, and a failure to do so shall not preclude
a subsequent challenge thereto.

In the event that any party to this litigation

disagrees at any stage of these proceedings with the designation of any information
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as Confidential, the parties shall try first to dispose of such dispute in good faith on
an informal basis. If the dispute cannot be resolved, the objecting party may seek
appropriate relief from this Court, and the party asserting confidentiality shall have
the burden of proving the same.
8.

This order does not authorize the filing of any documents or other

matter under seal. Documents or other matter may be sealed only if authorized by
statute, rule, or order of the Court. A party seeking to file such items under seal
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 Local Rule 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.
9.

Whenever a motion to seal is filed, the movant shall comply with the

requirements of Local Rule 5.3 set forth above and submit a proposed order which
states the particular reason that sealing 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.
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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.
10.

Within forty-five (45) days of the conclusion of this litigation, which

conclusion shall include the time for any appeal by any of the parties as to any of
the

matters

raised

by

the

litigation,

all

documents

designated

as

"CONFIDENTIAL," and all copies thereof, shall be destroyed or returned to the
respective party that produced the document, information or deposition testimony,
at the option of the disclosing party.
11.

The designation of any material in accordance with this Order as

constituting or containing Confidential information is intended solely to facilitate
the preparation and trial of this action, and treatment of such material by counsel
of record for named parties in conformity with such designation will not be
construed in any way as an admission or agreement by any party that the
designated material constitutes or contains any confidential information.
12.

This Order shall be without prejudice to the right of any person to

object to the production of any discovery material on the basis that such material is
protected as a privileged communication or work product.
13.

This Order shall be without prejudice to the right of any person to

apply to the Court for such further protective orders under the provisions of the
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Federal Rules of Civil Procedure as justice may require.
14.

Each party reserves the right to seek a modification of this Order if

that party believes that the terms of the Order have become inappropriate to this
litigation. The ultimate resolution of any such request for modification will be
governed by the standards under the Federal Rules of Civil Procedure.
15.

Notwithstanding the foregoing, if a document contains confidential

information, or a transcript contains confidential information, if that information is
redacted and the parties agree that the remaining information is not confidential,
the redacted document or transcript may immediately be used by any party for any
reason, and may be filed with the Court, the same as any non-confidential
document or transcript in this action.
16.

The provisions of this Order shall survive and remain in force and

effect after the conclusion of this litigation whether the conclusion be by
settlement or litigation. The Court retains jurisdiction to construe and enforce the
provisions of this Order. The treatment of confidential information to be
introduced at trial shall be the subject of a later order as will be determined by the
Court at a later date.
SO ORDERED.
Dated: February 25, 2014
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 February 25, 2014.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager
I stipulate to the entry of the above
order and notice of hearing on entry
of the above order is hereby waived.
DEBRINCAT, PADGETT, KOBLISKA & ZICK
/s/with the consent of S. Thomas Padgett
S. Thomas Padgett (P31748)
Attorney for Plaintiff
34705 W. 12 Mile Road, Suite 311
Farmington Hills, MI 48331
[phone]
[e-mail]
HOOPER HATHAWAY, P.C.
/s/William J. Stapleton
William J. Stapleton (P38339)
Attorney for Defendant Beverly Kent
126 South Main Street
Ann Arbor, MI 48104
[phone]
[e-mail]

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