Henry v. Abbott Laboratories

Filing 35

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Mark R. Abel on 07/25/2014. (sr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
DELPHINE HENRY,
Plaintiff,
vs.
ABBOTT LABORATORIES,
Defendant.

)
) Case No. 2:12 cv 841
)
) Judge Smith
)
) Magistrate Judge Abel
)
)
)

AGREED PROTECTIVE ORDER
IT IS HEREBY ORDERED:
1.

The purpose of this Order is to limit the disclosure of confidential

information, defined as personnel or employment files, social security numbers, tax records,
medical records, payroll records, and salary information relating to non-parties, as well as
sensitive and/or proprietary information or trade secrets, produced during discovery to the parties
and certain other necessary persons as described herein (hereinafter referred to as "Confidential
Material"). Any such documents produced by any party, and any exhibits attached to such
documents, and any copies thereof may be designated by the producing party as confidential by
prominently printing, stamping or writing the word "confidential" on the cover or front page of
said document. At the request of any party, any deposition testimony of any person, and any
exhibits attached to such testimony, which contain confidential information, shall be designated
as confidential and separately identified as confidential in the deposition transcript.

Only

documents, deposition testimony, transcripts or exhibits designated as confidential shall be
subject to the terms of this Order.
2.

Unless otherwise agreed by the parties in writing, Confidential Material

shall not be disclosed directly or indirectly by the party to whom such material is produced to
anyone other than the following persons:
{K0390157.1}

5953041v1 7/1/2014 1:55 PM

4651.106

a.

Plaintiff or Defendant in this action;

b.

Counsel for the parties to this action and employees and agents of such
counsel engaged in the preparation of this action;

c.

Current or former officers and employees of Abbott Laboratories, or any
of its affiliates, parents, or related entities, who are involved in the
preparation of the defense of this action;

d.

Any independent, non-party consultants or experts specially retained to
assist counsel for the parties in the preparation of this action; and

e.

Any judicial officer of the United States District Court, State of Ohio in
the Southern District of Ohio, Eastern Division (collectively the "Court")
as well as clerks and court reporters and members of the Court's staff as
the Court deems appropriate.

3.

With the exception of those individuals listed in paragraph 2(e), persons

receiving Confidential Material shall use such material only for the purposes of the prosecution,
defense or settlement of this action and any appeal thereof, and for no other purpose. No person
receiving any Confidential Material shall disclose such material to any person other than those
described in Paragraph 2.
4.

Any person to whom Confidential Material is disclosed pursuant to

paragraph 2(a)-(d) herein shall be advised by counsel either orally or by furnishing a copy of this
Order regarding the contents of this Order. Each such person to whom Confidential Material is
disclosed will also be advised by counsel as to the consequences of violating this Order. It shall
be the responsibility of the attorneys to whom any Confidential Material is produced to insure
that all persons who are given access to such Confidential Material are advised regarding the
existence, terms and conditions of this Order.
5.

Whenever a party objects to the designation of any discovery material as

confidential and wishes to disclose such discovery material beyond the terms of this Order, that
party shall notify the other party of its objection. If the parties cannot resolve their disagreement
with respect to the propriety of any discovery material being designated as confidential, the party
{K0390157.1}

-2-

who seeks to remove such designation shall apply to the Court for a determination of that issue
within seven (7) business days of notifying the other party of its objection. Unless and until
otherwise ordered by the Court or agreed by the parties, all Confidential Material shall be subject
to the restrictions of the Order.
6.

To the extent any Confidential Material is filed with the Court or is

referenced in any Court filing, either party may request by motion that the Court seal such
material.
7.

At the conclusion of this action, including any and all appeals arising

therefrom, all documents, deposition testimony, and transcripts or exhibits, whether or not on file
with the Court, which constitute, reproduce or reflect any Confidential Material, and any copies
thereof, shall be either destroyed or returned to the party furnishing the same.
8.

Nothing in this Order shall prevent any of the parties from using any

Confidential Material in connection with any trial, hearing or other proceeding in this action or
from seeking further protection with respect to the use of any such information or discovery
materials in connection with such trial, hearing or other proceeding in this action.
9.

Nothing in this Order shall prevent any party from seeking modification of

this Order or from objecting to discovery which it believes to be otherwise improper, or shall
prevent the parties from agreeing to a separate protective order for extraordinarily significant
confidential information should that be necessary.
10.

This Order shall have no evidentiary value and shall not be admissible into

evidence.

{K0390157.1}

-3-

Entered:

s/Mark R. Abel
Unites States Magistrate Judge

APPROVED AS TO FORM AND CONTENT:

/s/ Sharon Cason-Adams
An Attorney for Plaintiff Delphine Henry

/s/ David M. Scott (0068110)
An Attorney for Defendant Abbott Laboratories

{K0390157.1}

-4-