Schumacher Homes Operations, Inc. v. Pelton Design & Construction, et al.

Filing 50

Stipulated Protective Order signed by Judge David D. Dowd, Jr. on 10/8/08. (M,De)

Schumacher Homes Operations, Inc. v. Pelton Design & Construction, et al.

Doc. 50

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO AKRON DIVISION

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SCHUMACHER HOMES

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CASE NO.: 5:08CV309

OPERATIONS, INC.
Plaintiff,

)

)
) )

JUDGE DOWD
MAGISTRATE JU

PELTON DESIGN & CONSTRUCTION.

)

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LTD, et al..
Defendants.

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STIPULATED PROPOSED PROTECTIVE ORDER

WHEREAS, the parties \p this suit recognize that discovery herein may involve technical, financial and/or business information considered by one or more o\" the parlies to be Confidential: and

WHEREAS, discovery herein to

the parlies proceed

believe thai under a

it

would,

therefore,

be

appropriate pursuant

for to

protective

order of this

Court

FED.R.CIV.P.26(c):

ACCORDINGLY, il is herhy ORDERED that:

1.

All income and financial infomiation disclosed by cither party in this case

and any deposition testimony related to such information is declared to be "confidential".

2.

Confidential information shall be used only for the purposes of this litigation

and for no other purpose whatsoever.

Dockets.Justia.com

3.

Any documents or pleadings, which contain confidential information, if

filed or submitted to the Court, shall be filed in a scaled envelope marked, "Sealed pursuant
to Protective Order--do not open without Court Order".

4.

All confidential information produced in this action shall not be disclosed in

any way to anyone other than:

a.

Attorneys of record and their associate attorneys, and the employees of such attorneys to whom it is necessary that the material be shown for puiposes of this
litigation.

b.

Any party, and such employees of the parties as are necessary to the conduct of
this litigation, who is bound by the terms of this Protective Order, but only to

the extent that such disclosure is reasonably deemed necessary by that party's

counsel for the conduct of this litigation, and provided further that a party may
not retain documents containing confidential information.

c.

Experts who have been retained by the parties to assist and testify in this litigation.

5.

Prior to any disclosure to paragraph 4(c) above, counsel shall obtain an

acknowledgment of confidentiality from each person to whom disclosure is to be made,

acknowledging that any document, information, or tangible item that has been designated
as confidential information is subject to this Order, that the person has read this Order, that

such person agrees to comply with and be bound by this Order, and that such person is aware that contempt sanctions may be entered for violation of this Order. All

acknowledgments of confidentiality shall be maintained through the conclusion of this

action and copies provided to opposing counsel.

The acknowledgment of confidentiality

shall be provided to opposing counsel ten (10) days prior to any confidential information

being disclosed to any expert.

6.

The inadvertent or unintentional production of documents containing, or

other disclosure of, Confidential or secret information without being designated as
Confidential at the time of the production or disclosure shall not be deemed a waiver in

whole or in part of a party's claim of confidentiality or secrecy, either as to the specific information disclosed or as to any other information relating thereto or on the same or related subject matter. Any error in designation shall be corrected as soon as reasonably possible after the designating party becomes aware of the error. The production of
documents or other tangible things pursuant to a request for production by a party herein shall not be deemed a waiver of any right by the producing party to object to the

admissibility of such document or other thing on grounds of relevancy, materiality,
privilege, or other valid ground of objection.

7.

Where materials designated "confidential" are used in support of or in

opposition to a motion, the party so using the material shall transmit a copy of the relevant
material to the Court's chambers in an unsealed envelope clearly marked: "COPY ORIGINAL FILED UNDER SEAL." It shall be the responsibility of the party using the

confidential material, not the Clerk, to supply the copy to the Court's chambers.

In the

event that this case shall proceed to trial, no materials used in open court shall be entitled to
the continuing designation of "confidential" unless a separate order from the court is
obtained. If any party seeks to obtain judgment by either a motion to dismiss or a motion

for summary judgment, only supporting confidential documentation, not the motions
themselves, may be filed under seal.

8.

This Order shall not prevent any person from applying to the Court for relief

therefrom, or from applying to the Court for further or additional protective orders, or from agreeing among themselves to modify or vacate this Protective Order subject to the
approval of the Court.

9.

At the conclusion of this action, including any appeals, all "confidential

information" or information furnished pursuant to this Order and all copies thereof, shall be
returned to the producing attorneys, or at the producing person's option, destroyed by

counsel for the receiving party. The provisions of this Order insofar as it restricts the
disclosure, communication of, and use of the confidential information or confidential for

attorneys of record only information produced hereundcr shall continue to be binding after
the conclusion of this action.

SIGNED on this

day of

.2008.

JUDGE DOWD

S: Bob's Docs Clients Schumacher Homes. Inc 79-100 Pelton Design Aaron Scninion 79-139 Protective Order 09-03-OS.jls