Cranel, Incorporated v. Pro Image Consultants Group, LLC et al

Filing 24

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Mark R. Abel on 12/11/2013. (sr1)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
CRANEL, INCORPORATED,
Plaintiff,
v.
PRO IMAGE CONSULTANTS GROUP, LLC,
ET AL.,
Defendants.

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Case No. 2:13-cv-0766
Judge Graham
Magistrate Judge Abel

AGREED PROTECTIVE ORDER

This matter before the Court involves the protection of trade secrets, business
information, personal family files and other confidential information (“Confidential
Information”) that will be produced through compliance with the Court’s Order to Preserve
Evidence and further through discovery requests and responses that any party has served or will
serve upon the other in this action. For good cause shown and upon agreement of the parties, the
Court hereby Orders:
1.

The Confidential Information shall be disclosed only to the following:
a.

Attorneys performing the duties of litigation counsel to the parties and regular
employees and service vendors of such counsel (including, but not limited to,
outside copying services and litigation support);

b.

Experts and consultants providing assistance in the above-captioned action, as
well as their administrative and support staff, subject to paragraph 2 below ;

c.

The Court, all subsequent appellate courts, and their personnel (including, but not
limited to, court reporters, stenographers, and other court personnel);

d.

Witnesses or deponents and their counsel, during the course of, or to the extent
necessary to prepare for depositions or testimony, subject to paragraph 2 below;

e.
2.

Any other person to whom disclosure is required by federal and state law.

The Confidential Information may be provided to experts, consultants, or witnesses only
to the extent necessary for such expert, consultant or witness to prepare a written opinion,
to prepare to testify, or to assist litigation counsel in this matter provided that such expert
or consultant is using the Confidential Information solely for this matter and further
provided that such expert or consultant signs a form substantially similar to that attached
hereto as Exhibit A, (i) agreeing to be bound by the terms and conditions of this Agreed
Protective Order, (ii) consenting to the jurisdiction of the Court for purposes of
enforcement of this Agreed Protective Order, and (iii) agreeing not to disclose or use any
Confidential Information for purposes other than those permitted herein.

3.

“Confidential Information” shall not include information that (a) is, or becomes, public
knowledge, as shown by publicly available writings, other than through violation of the
terms of this Agreement; (b) is acquired by a non-designating party or non-party witness
from a third party lawfully possessing such information and having no obligation to the
owner of the information; (c) was lawfully possessed by a non-designating party or nonparty witness and for which there is written evidence of the lawful possession; (d) is
disclosed by a non-designating party or non-party witness legally compelled to disclose
the information; or (e) is disclosed by a non-designating party with the written approval
of the designating party.

4.

The responding party shall mark as “Confidential” any material containing Confidential
Information prior to producing it to the requesting party. Any party may also designate as

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Confidential Information any material it has already produced by notifying in writing the
person(s) to whom such material was produced that such material constitutes
Confidential Information. Information contained or revealed in a deposition may be
designated at the time of the deposition or within 30 days from receipt of the deposition
transcript as Confidential Information. Any party may also designate any Confidential
Information as “Attorneys’ Eyes Only.” Material designated as “Attorneys’ Eyes Only”
is subject to this Order in the same manner as material designated as “Confidential
Information” except that information designated as “Attorneys’ Eyes Only” may not be
disclosed under paragraph 1.d of this Order or to the opposing party without written
permission of the designating party or order of this Court.
5.

Any party who wishes to challenge the designation of material as Confidential
Information or Attorneys’ Eyes Only shall first confer in good faith with the other party.
If this effort fails to resolve the disagreement, the objecting party may file an appropriate
motion with the Court. A party who does not challenge a designation of material as
Confidential Information or Attorneys’ Eyes Only at the time it is designated is not
thereby precluded from making a later challenge, however; disclosure of such
information prior to the challenge will not violate this Agreement unless it is reasonably
clear that such information was in the nature of information that should have been
included as Confidential Information.

6.

All Confidential Information shall be maintained as confidential.

The parties, their

witnesses, experts, or consultants shall not use Confidential Information for any purpose
other than the prosecution or defense of this case or any appeal. The parties may share
their own confidential materials without limitation.

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7.

In the event that a person or party receives material designated as Confidential
Information that was already legitimately in such person’s possession, the restrictions
herein only apply to the copy of the material actually designated as Confidential
Information and produced under this Agreed Protective Order.

8.

If a party intends to file Confidential Information with the Court, the party shall file a
motion for leave to file under seal in accordance with S.D. Ohio Civ. R. 79.3. Such
documents shall be identified as “Confidential” and may be shared as directed by
paragraph 1 of this Order or by any further order of the Court. If one party has reason to
believe that a person has disclosed Confidential Information in violation of this Agreed
Protective Order the party shall provide a signed statement setting forth the basis for such
belief. The parties will then make a good faith effort to resolve the dispute. If the parties
cannot resolve the dispute, it shall be resolved by the Court pursuant to the Federal Rules
of Civil Procedure.

9.

Throughout and after the conclusion of this litigation (including any appeals), the
restrictions set forth herein shall continue to be binding upon the parties and all other
individuals subject to the terms of this Agreed Protective Order.

10.

The parties’ counsel agree to return or destroy all records and copies of the Confidential
Information within 30 days of the end of the litigation including any appeals. The end of
this litigation shall occur when all parties’ claims and defenses (including without
limitations, all rights of appeal, reconsideration, or other post-judgment relief) have been
conclusively resolved.

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11.

Nothing in this Order shall prevent any party from seeking amendments broadening or
restricting the rights of access to or the use of the Confidential Information or any other
modification of this Protective Order.

12.

In the discretion of the Court, a breach of any material provision of this Agreed
Protective Order shall be subject to sanctions.

13.

Confidential Information shall not lose its status as Confidential Information through use
in any court proceeding referred to herein.

IT IS SO ORDERED.

s/Mark R. Abel
United States Magistrate Judge

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EXHIBIT A
ACKNOWLEDGEMENT
I,______________________ have read the Agreed Protective Order entered in the abovecaptioned matter, Cranel Incorporated v. Pro Image Consulting Group, LLC, Case No. 2:13-cv766, and I understand the contents thereof. I hereby agree to comply with all terms, conditions,
and restrictions contained in said Agreed Protective Order regarding the use and disclosure of
any materials labeled “Confidential Information” and/or “Attorney’s Eyes Only” that I have
reviewed, or will review, in connection with this matter, and I agree to be subject to the
jurisdiction of the United States District Court, Southern District of Ohio, Eastern Division for
enforcement of the Agreed Protective Order.

Dated: _________________________________
Signed: ________________________________

2454994.1 : 07349 00001  

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