Wierengo v. Akal Security, Inc.

Filing 68

STIPULATED PROTECTIVE ORDER ; signed by EDMI Judge Robert H. Cleland (EDMI Judge Robert H. Cleland, lgw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KATHLEEN WIERENGO,
Plaintiff,

Case No. 1:08-cv-00199

v.

Hon. Robert H. Cleland
United States District Judge

AKAL SECURITY, INC.,
Defendant.
_____________________________________/
STIPULATED PROTECTIVE ORDER
It is ordered that the following Stipulated Protective Order be entered and shall govern
the use, dissemination and disclosure of certain records, as defined in paragraph 3 below,
produced or obtained from the United States Marshals Service or from Defendant during this
litigation.
IT IS HEREBY STIPULATED AND AGREED THAT:
1.

Definitions:
(a)

“Litigation” means any discovery, pre-trial, trial, and post-trial
proceedings in this action, captioned Kathleen Wierengo v. Akal Security,
Inc., Case No. 1:08-cv-00199, United States District Court for the Western
District of Michigan.

(b)

“Person” means an individual, corporation, partnership, association,
unincorporated organization, governmental entity, quasi-governmental
entity or any other entity, including, without limitation, each party to this

1

action.
(c)

“Party” or “Parties” means Plaintiff, Kathleen Wierengo, her agents and
representatives; and Defendant Akal Security, Inc., including its officers,
directors,

shareholders,

representatives,

agents,

employees,

heirs,

successors, and assigns.
2.

The provisions of this Stipulated Protective Order apply to: (i) the Parties and

their counsel in this litigation and (ii) any other person producing, receiving or disclosing
Confidential Information in this action.
3.

Any video or other visual recording at or from any federal building that may be

produced by any Party or the United States Marshals Service or its agents or employees in the
course of this Litigation shall be treated as confidential information (“Confidential Information”)
and governed by the provisions of this Stipulated Protective Order.
4.

Confidential Information shall be subject to the following restrictions:
(a)

Confidential Information shall be used only for the limited purpose of
preparing for and conducting this Litigation (including any appeals), and
not for any other purpose whatsoever, and shall not be given, or otherwise
disclosed, in any way to anyone except those specified in subparagraph
4(b) below.

(b)

Confidential Information may be disclosed only to the following persons:
(1)

The Parties;

(2)

Counsel of record for the Parties, including attorneys’ paralegals,
clerical, and other regular employees of their respective firms;

2

(3)

Witnesses for the purposes of examining said witnesses during
their deposition or at trial;

(4)

The Court and jury;

(5)

Court reporters and their staff hired to transcribe deposition
testimony in this action;

(6)

Expert witnesses and consultants hired by the Parties to assist in
preparation of this case;

(7)

Any mediator(s) retained by the Parties and/or appointed by the
Court in this matter; and

(8)

Third-party vendors hired for the sole purposes of reproducing the
information or transferring it to an electronic format.

5.

Any person receiving Confidential Information shall reveal, disclose, or discuss

the information only with persons listed in Paragraph 4(b), and no Confidential Information shall
be disclosed (except to the jury, the Court and its duly appointed officers) to any person under
Paragraph 4(b) of this Order unless that individual has signed a Confidentiality Agreement
(attached as Exhibit 1) pursuant to which the individual acknowledges having reviewed a copy of
this Order and agreeing to be bound by this Order. Each Party shall retain all signed copies of
the Confidentiality Agreement and shall, upon another Party’s or the Court’s request, provide
copies to that Party or to the Court.
6.

This Order shall survive and continue to be binding after the conclusion of this

Litigation, until all Confidential Information is returned or destroyed in accordance with

3

Paragraph 8. The Court shall retain jurisdiction for the purpose of enforcing and/or adjudicating
claims concerning any violation of this Order.
7.

If any Party wishes or is required during this Litigation to file pre-trial in Court

any record or information that is Confidential Information under Paragraph 4 above, prior to any
such filing the Party shall notify opposing counsel and counsel for the United States Marshals
Service and identify with specificity each item of Confidential Information that he/she intends to
file. Counsel for the Parties and the United States Marshals Service shall confer in a good faith
effort to reach agreement regarding whether the Confidential Information may be filed. If
counsel are unable to reach agreement, the Party seeking to file the Confidential Information
shall initially publicly file the pleading without the Confidential Information attached as an
exhibit, but shall identify with specificity each item of Confidential Information that he/she
intends to file. Opposing counsel and the United States Marshals Service will have 7 days after
notification to file an appropriate motion with the Court, requesting that such Confidential
Information be redacted or filed under seal to protect the confidential nature of the information,
pursuant to Local Rule 10.6 and Paragraph 3 above. In the event that impending scheduling
deadlines or the emergency nature of an issue render this procedure impossible, counsel for the
Parties shall confer in good faith to resolve the issue.
8.

Within thirty (30) days after the termination of this case, whether by final judicial

determination or otherwise, all Confidential Information in the possession of the Parties, their
counsel, any of their expert witnesses, any mediator(s), and third-party copy vendors, or any
other person identified in Paragraph 4(b) above, shall be either returned to the providing counsel

4

or destroyed. Counsel for the parties shall certify in writing to counsel for the United States
Marshals Service that all copies of all Confidential Information have been destroyed or returned.

IT IS SO ORDERED.

Date: 12/20/2011

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

STIPULATED:

Dated: December __, 2011

/s/ Kurt Peterson
KURT PETERSON
Littler Mendelson PC
3344 Peachtree Road, N.E., Suite 1500
Atlanta, GA 30326-4803
Counsel for Akal Security

Dated: December __, 2011

/s/ Christine A. Yared
CHRISTINE A. YARED
2503 Mason Ridge Ct NE
Grand Rapids, MI 49525
[phone]
Counsel for Plaintiff

Dated: December __, 2011

/s/ Richard A. Kerbawy
RICHARD A. KERBAWY
Wilson Lett & Kerbawy PLC
2295 Sower Blvd.
Okemos, MI 48864

5

EXHIBIT 1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KATHLEEN WIERENGO,
Plaintiff,

Case No. 1:08-cv-00199

v.

Hon. Robert H. Cleland
United States District Judge

AKAL SECURITY, INC.,
Defendant.
_____________________________________/

CONFIDENTIALITY AGREEMENT
I, _______________________, acknowledge that _________________________ has
provided me with a copy of the Stipulated Protective Order entered in the above Litigation, that I
have read the Order, and that I understand that I am bound by the terms of that Order.

Dated:

Signature:
Print Name:
Address:

6