Lipp et al v. Ginger C, L.L.C. et al
Filing
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ORDER entered by Judge Nanette Laughrey. The parties' Stipulation for Entry of Protective Order [Doc. 37 ] is granted. However, if a party wishes to file, under seal, a document containing information designated confidential pursuant to the protective order, the party must seek and obtain leave from the Court prior to filing the document under seal. (Rosenbaum, Daniel)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
JOHN P. LIPP and STEPHANIE S.
LIPP,
Plaintiffs,
v.
ACC OP (Turner Ave), LLC d/b/a
ACC OP DEVELOPMENT, LLC d/b/a
AMERICAN CAMPUS
COMMUNITIES, GINGER C, LLC,
PI KAPPA PHI FRATERNITY, INC.,
and PI KAPPA PHI FRATERNITY
MISSOURI BETA EPSILON
CHAPTER,
Defendants.
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Case No. 2:15-cv-04257-NKL
PROTECTIVE ORDER
Upon consideration of the Stipulation for Entry of Protective Order concerning certain
information and documents which have been or may be provided by Defendant Ginger C to
Plaintiffs and it appearing to the Court that sufficient cause exists for the issuance of a protective
order, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure,
IT IS HEREBY ORDERED as follows:
1.
In accordance with the provisions set forth below, the Court intends that
information and documents produced, obtained, or exchanged as described herein shall be used
by the party to whom such documents are produced, obtained or exchanged solely for the
purpose of this lawsuit and for no other purpose.
2.
Documents produced by Ginger C pertaining to Ginger C's purchase and sale of
properties to ACC OP Development, LLC and/or ACC OP (Turner Ave), LLC specifically
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including but not limited to the property formerly known as 507 S. Fourth Street, Columbia,
Missouri 65201, including all correspondence, contracts, agreements, emails, or other
documents pertaining thereto, which documents and information are not already part of the
public domain may be designated as "Confidential."
All documents and information so
designated and all copies thereof (hereinafter referred to collectively as “the Confidential
Information”), shall be treated as Confidential and shall not be disclosed except as provided in
this Order; provided, however, that counsel for the party designating information as Confidential
may, in writing and without Court approval, agree to release any of the Confidential Information
from the requirements of this Order; and provided further that nothing in this Order shall prevent
any party from challenging the designation of any document as Confidential.
3.
Ginger C may designate a document as Confidential pursuant to the terms of this
Order by affixing to the first page thereof a stamp with the legend “Confidential” or
"Confidential, Subject to Protective Order" or may, in the alternative, by written notice inform
opposing counsel that the document is to be treated as Confidential Information.
4.
Confidential Information shall be produced only to counsel of record in this
action, each of whom is bound by the terms of this Order.
5.
Neither the Confidential Information nor its contents shall be disclosed to any
other person without the agreement of the party designating information as Confidential, except
that counsel may, without further agreement, disclose Confidential Information or its contents to
the following persons for use solely in connection with this action under the following
conditions:
a.
Any party, attorney, legal assistant, or other employee of the parties who has a
need to handle the Confidential Information under normal office procedure;
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b.
Experts or consultants retained by the parties with respect to this action;
c.
Any person from whom testimony has been taken or is reasonably expected to be
taken in this action (whether by deposition or at trial);
d.
Plaintiff and any person who is an officer, director, or employee or representative
of Defendants, who has a legitimate need to know the contents of Confidential
Information in the context of this litigation;
e.
This Court and its staff; and
f.
Any court reporters present in their official capacity at any hearing, deposition, or
other proceeding in this action.
7.
Any party may also designate a portion of a deposition as Confidential
Information by notifying the other party in writing within 20 days of receipt of the transcript of
the portions that are designated Confidential. All depositions shall be treated as Confidential
Information during this 20-day period.
8.
Confidential Information shall be used solely for the purpose of prosecution or
defense of this action and such documents may be used, consistent with the terms of this Order,
in pre-trial discovery, motions and at the trial or preparation for trial and any appeals of this
action. The use of Confidential Information at trial, in motions or at depositions shall not be
deemed a waiver of this Order.
9.
This Order has no effect upon, and its scope shall not extend to, the parties' use of
their own Confidential Information.
10.
Producing or receiving materials or otherwise complying with the terms of this
Order shall not:
a.
Operate as an admission by any party that any particular discovery material
contains or reflects any Confidential Information; or
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b.
Prejudice in any way the rights of any party to object to the production of
documents it considers not subject to discovery or otherwise protected from or
limited in discovery on the basis of privilege or otherwise; or
c.
Prejudice in any way the rights of a party to seek a Court determination whether
particular discovery materials should be produced; or
d.
Prejudice in any way the rights of a party to apply to the Court for any additional
protection with respect to the confidentiality of documents or information as that
party may consider appropriate.
11.
The confidentiality provisions of this Order shall survive any settlement, judgment
or other disposition or conclusion of this action, and all appeals therefrom unless otherwise
Ordered by this Court. At the conclusion of this litigation, including any appeals which may be
filed, each party will return to the other all Confidential documents, including copies, received
from the other during the course of this litigation, unless otherwise ordered by this Court.
12.
Any party may at any time and for any reason seek modification of this Protective
Order. This Protective Order can be modified only by written agreement of the parties or by
Order of the Court. Each party reserves the right to object to any party’s motion or request to
modify this Protective Order.
IT SO ORDERED.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: January 20, 2016
Jefferson City, Missouri
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