Deloach v. La-Z-Boy, Inc.

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/2/2013. (sln1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
)

HOLLI DELOACH,

)
Plaintiff,

)

)
)

vs.
LZB FURNITURE GALLERIES OF
BOSTON, INC.,

CASE NO: 2:12 CV 01082
JUDGE WATSON
MAGISTRATE JUDGE DEAVERS

)
)

)
)

Defendant.

STIPULATED PROTECTIVE ORDER

The parties have requested a protective order relating to certain alleged confidential
information in the above-captioned matter. It is stipulated and agreed by counsel for the parties
in this action that the following protective conditions shall apply to and govern the handling of
documents, testimony, deposition exhibits, interrogatory responses, admissions, and any other
information or material that is produced, given or exchanged by and among the parties and any
non-parties to this action in connection with this litigation.

1.

The following definitions shall apply to this Stipulation and Protective Order:
a.

"Confidential material" shall mean any produced material designated as
confidential pursuant to Paragraph 2 hereof.

b.

"Attorneys' Eyes Only" shall mean any produced material designated as
"Attorneys' Eyes "Only" pursuant to Paragraph 2 hereof.

c.

"Disclose" shall mean to reveal, provide, describe or make known to any
person produced material or any information contained therein.
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d.

"Party" shall mean a party to this action, an affiliated entity, and any
employee of such party or affiliated party.

e.

"Produced material" shall mean any testimony, document, information,
interrogatory answer, or thing obtained by any party or counsel for any
party through discovery in this litigation, including testimony, documents
and information obtained from nonparty witnesses.

f.

"Receiving party" shall mean any party, including the party's counsel, to
whom produced material is furnished.

2.

Any party may designate as "Confidential" or "Attorneys' Eyes Only" any

material produced by it which the designating party deems in good faith to contain confidential
information pertaining to that party or any other entity or person, including but not limited to
information that is: private, sensitive, medical, personal financial information, proprietary, trade
secrets, or other highly confidential information. This designation of documents may be made by
typing, writing or stamping the first page of the document "Confidential" or "Attorneys' Eyes
Only" or by informing counsel for the receiving party in writing that the documents are
"Confidential" or "Attorney Eyes' Only." Interrogatory answers designated "Confidential" or
"Attorneys' Eyes' Only" shall be set forth separately, and the first page shall be marked
"Confidential" or "Attorney Eyes' Only" Deposition testimony or portions of the testimony may
be designated "Confidential" or "Attorneys' Eyes Only" on the record of the deposition or by
letter to all counsel mailed within five (5) days after receipt of the deposition transcript by
designating counsel.

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3.

"Confidential" and "Attorneys' Eyes Only" material shall be used only for the

purposes of this case, appeals, related cases, affiliated cases and/or collection actions, including
trial and preparation for trial; and shall not be disclosed to any person or governmental agency or
otherwise made public except in compliance with the terms of this Stipulation and Protective
Order or by order of Court or as required by law.
a.

Except as otherwise provided, "Confidential" material may be disclosed
by the receiving party only to:
1.

counsel for any party in this case, including in house or general
counsel;

n.

partners or regular employees of such counsel, including
secretaries, paralegals, law clerks and associate attorneys;

iii.

any party to this action or its representatives;

IV.

any witness or potential witness for the purpose of conducting an
examination of such witness during a trial or deposition or for the
purpose of preparing such witness for trial examination or
deposition or interviewing such witness or potential witness,
subject to the conditions set forth in Paragraph 3(b), but only upon
the consent of the opposing counsel (said consent shall not be
unreasonably withheld); however, if said consent cannot be
obtained, then the party seeking to use the confidential material
may apply orally or in writing to court for the right to disclose this
confidential material;

v.

the court and any of its employees;

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VI.

any expert retained or consulted by a party for the purpose of
obtaining the expert's advice or opinion regarding any issue in the
litigation, but only to the extent necessary for the expert to provide
such advice or opinion and subject to the conditions set forth in
Paragraph 3(b).

b.

Except as otherwise provided, "Attorney Eyes Only" material may be
disclosed by the receiving party only to:
i.

counsel for any party in this case, including in house and general
counsel;

n.

partners or regular employees of such counsel, including
secretaries, paralegals, law clerks and associate attorneys;

iii.

the court and any of its employees;

iv.

any expert retained or consulted by a party for the purpose of
obtaining the expert's advice or opinion regarding any issue in the
litigation, but only to the extent necessary for the expert to provide
such advice or opinion and subject to the conditions set forth in
Paragraph 3(b).

c.

Before disclosing Confidential material or Attorneys Eyes' Only material,
other than to the court, parties, counsel for a party, other members of their
firm, and their regular employees, the receiving party shall ensure that the
recipient of the disclosure has (i) been provided a copy of this Stipulation
and Protective Order, and (ii) executed an Agreement to Maintain
Confidentiality in the form attached as Exhibit A hereto. Counsel for the

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receiving

party

shall

retain

Executed

Agreements

to

Maintain

Confidentiality for one (1) year following termination of this action and
exhaustion of all appeals relating to this action.
d.

Any person to whom Confidential or Attorneys' Eyes Only material is
disclosed by the receiving party or by any person who obtained such
produced material from the receiving party shall be bound by the
provisions of this Stipulation and Protective Order and is subject to all
appropriate sanctions and remedies, including contempt, for any violation
of this Stipulation and Order.

e.

If either Party wishes to file with the court any documents designated
Confidential or Attorneys' Eyes Only, or any document any party deems in
good faith to contain confidential information, the filing Party must first
file a motion with the court requesting leave to file such documents under
seal pursuant to Proctor & Gamble Co. v. Bankers Trust Co., 78 F.3d 219,
227 (6th Cir. 1996); Brown & Williamson Tobacco Corp. v. FTC, 710
F.2d 1165, 1177 (6th Cir.1983). Ifthe court grants leave, the material shall
be filed under seal with the Court.

4.

Nothing in this order prevents any party from disclosing any material that it has

produced to any other person or otherwise restricts the use of such material by the party
producing it.

Such disclosure does not waive or otherwise modify the protection or

confidentiality provided in this order. Nothing in this order prevents a party from disclosing any
information received from any third party, outside source or received in this case prior to this
entry.

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5.

Confidential Material and Attorneys' Eyes Only Material shall be used and

communicated only by counsel in this matter, and such other persons as are given access as
permitted. All Confidential Material and Attorneys' Eyes Only Material produced or revealed to a
party to this agreement or other person shall be used by such party or other person solely in
connection with the settlement discussions, ongoing litigation, related litigation, affiliated litigation
or collection and not for any competitive, or publicity purpose or function and such information
shall not be disclosed in any manner to anyone except as provided herein.
6.

Any party, with notice to all parties, may move the court to: (a) enter an order

extending or otherwise modifying this Stipulation and Protective Order or relieving such party
from any provision hereof, or (b) enter any other protective orders as may be appropriate. The
parties shall negotiate in good faith prior to making any motion relating to this Stipulation and
Protective Order or any proposed modification thereof.
7.

Any party may waive the applicability of any provision of this Stipulation and

Protective Order to any information, document or thing produced by that party.
8.

Within sixty (60) days following conclusion of this action and any and all related

actions, all Confidential material or Attorneys' Eyes Only material and documents containing
Confidential material or Attorneys' Eyes Only material, held by persons other than the court,
including all copies, shall be returned to the producing party or destroyed.
9.

Counsel for each party to this Stipulation and Protective Order shall make a good

faith effort to ensure compliance with its provisions. In the event of a change in counsel, retiring
counsel shall fully instruct new counsel of its responsibilities under this Stipulation and
Protective Order.

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10.

This Protective Order shall not be deemed a waiver and shall be without prejudice

to the right of any party to bring before the Court at any time the question of whether any
particular information is discoverable or relevant to any issue in this case, or whether any
document or information qualifies as Confidential for purposes of this Protective Order. A
designation by one party that certain information is deemed Confidential shall not be construed
as a waiver of the other party's right to challenge that designation pursuant to the provisions of
this Protective Order.

If a party to this Protective Order at any time wishes to have the

Confidential designation of any document or information removed, such party shall, in writing,
request such change by the other party. If the other party refuses, within 5 business days after
receipt of such request (or within such other time period as may be mutually agreed upon in
writing by the parties hereto), to remove the designation, such party may file a motion with the
Court for an order changing or removing the designation.
11.

The parties consent to the issuance of this Stipulation and Protective Order as an

order of the court.
12.

The parties shall be entitled to rely and act on and shall be bound by this

Stipulation and Protective Order when it has been signed by the parties or their counsel, whether
or not this Protective Order has been signed by the court.
13.

Because of the proprietary and confidential nature of the documents and other

discovery material, the parties agree that they will be liable for any and all damages and attorneys'
fees incurred by the non-breaching party and their affiliates, representatives or agents, including
such additional relief as the court deems appropriate associated with improper disclosure or use of
the documents and materials produced in accordance with this agreement. The parties agree to

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defend and indemnify each other and their affiliates, representatives or agents, for any and all
claims or damages caused by the breaching parties' violation or breach of this agreement.
14.

The terms of this Stipulation and Protective Order shall survive and

remain in effect after the termination of this lawsuit.

Dated: July 1, 2013
Respectfully submitted,

s/ Stephanie S. Hathaway
Stephanie S. Hathaway (#0074262)
REMINGER CO., L.P.A.
101 W. Prospect A venue, Suite 1400
Cleveland, Ohio 44115
[phone]
[phone] (Fax#)
E-mail: [e-mail]
Attorney for Defendant

Gregory R. Mansell (via email consent)
Gregory R. Mansell (#0085197)
Mansell Law LLC
20 S. Third Street, Suite 210
Columbus, Ohio 43215
614-610-4134
513-826-9311 (FAX)
Email: [e-mail]

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EXHIBIT A
AGREEMENT TO MAINTAIN CONFIDENTIALITY

I have been given and read a copy of the Stipulation and Protective Order dated July 1,
2013, in this case. I understand and will strictly adhere to the contents of said Order. I understand
that produced material disclosed to me is subject to the Protective Order of this court and that I
am prohibited from copying, disclosing or otherwise using such material except as provided by
said court Order. I also understand that my execution of this Agreement to Maintain
Confidentiality, indicating my agreement to be bound by said Protective Order, is a prerequisite
to my review of any produced materials, as defined in the Stipulation and Protective Order.
Dated this __ day of _ _ _ _ _, 2013.

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