Hunt et al v. YRC Worldwide, Inc. et al
Filing
34
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/28/2014. (sln1)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JERRY HUNT, et al.,
Plaintiffs,
v.
YRC WORLDWIDE INC., et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 2:13-CV-00993-MHW-EPD
THE HONORABLE MICHAEL H.
WATSON
MAGISTRATE ELIZABETH PRESTON
DEAVERS
STIPULATED PROTECTIVE ORDER
The parties to this Stipulated Protective Order have agreed to the terms of this Order;
accordingly, it is ORDERED:
1.
Scope. All documents produced in the course of discovery, including initial
disclosures, all responses to discovery requests, all deposition testimony and exhibits, other
materials that may be subject to restrictions on disclosure for good cause and information
derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order
concerning confidential information as set forth below. As there is a presumption in favor of
open and public judicial proceedings in the federal courts, this Order shall be construed in
favor of public disclosure and open proceedings wherever possible. The Order is also subject to
the Local Rules of this District and the Federal Rules of Civil Procedure on matters of
procedure and calculation of time periods.
2.
Form and Timing of Designation. A party may designate documents as
confidential and restricted in disclosure under this Order by placing or affixing the words
"CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on the document in a manner that
will not interfere with the legibility of the document and that will permit complete removal of the
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER designation. Documents shall be
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of
the production or disclosure of the documents. The designation "CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER" does not mean that the document has any status or protection by
statute or otherwise except to the extent and for the purposes of this Order.
3.
Documents That May be Designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the
documents contain information protected from disclosure by statute or that should be protected
from disclosure as confidential personal information, medical or psychiatric information, trade
secrets, personnel records, financial records or information, or such other sensitive commercial
information that is not publicly available. Public records and other information or documents that
are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER.
4.
Depositions. Deposition testimony shall be deemed CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER only if designated as such by one of the parties at any
time. Such designation shall be specific as to the portions of the transcript or any exhibit to be
designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.
Thereafter, the
deposition transcripts and any those portions so designated shall be protected as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms
of this Order.
2
5.
Protection of Confidential Material.
(a)
General Protections. Documents designated CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed
by the parties, counsel for the parties or any other persons identified in ,-r 5(b) for any
purpose whatsoever other than to prepare for and to conduct discovery and trial in this
action, including any appeal thereof.
(b)
Limited Third-Party Disclosures. The parties and counsel for the parties
shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER documents to any third person or entity except as set forth in
subparagraphs (1)-(5) below. Subject to these requirements, the following categories
of persons may be allowed to review documents that have been designated
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER:
(1)
Counsel.
Counsel for the parties and employees and agents of
counsel who have responsibility for the preparation and trial of the action;
(2)
Parties. Parties and employees of a party to this Order. 1
(3)
Court Reporters and Recorders.
Court reporters and video
recorders engaged for depositions;
(4)
Consultants,
Investigators
and
Experts.
Consultants,
1 NOTE: If the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents contain
highly-sensitive, fmancial, trade secrets or other highly-sensitive competitive or confidential
information and disclosure to another party would result in demonstrable harm to the disclosing
party, then the parties may stipulate or move for the establishment of an additional category of
protection that prohibits disclosure of such documents or information to category (2) or that limits
disclosure only to specifically designated in-house counsel or party representative(s) whose assistance
is reasonably necessary to the conduct of the litigation and who agree to be bound by the terms of
the order.
3
investigators, or experts (hereinafter referred to collectively as "experts")
employed by the parties or counsel for the parties to assist in the preparation and
trial of this action or proceeding, but only after such persons have completed the
certification contained in Attachment A, Acknowledgment of Understanding
and Agreement to Be Bound; and
(5)
Others by Consent. Other persons only by written consent of the
producing party or upon order of the Court and on such conditions as may be
agreed or ordered. All such persons shall execute the certification contained in
Attachment A, Acknowledgment of Understanding and Agreement to Be Bound.
(c)
Control of Documents. Counsel for the parties shall take reasonable and
appropriate measures to prevent unauthorized disclosure of documents designated as
CONFIDENTIAL pursuant to the terms of this Order.
Counsel shall maintain the
originals of the forms signed by persons acknowledging their obligations under this Order
for a period of one year after dismissal of the action, the entry of final judgment and/or
the conclusion of any appeals arising therefrom.
(d)
Copies. Prior to production to another party, all copies, electronic images,
duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as
"copies")
of documents
designated
as
CONFIDENTIAL
SUBJECT
TO
PROTECTIVE ORDER under this Order, or any individual portion of such a
document, shall be affixed with the designation "CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER" if the word does not already appear on the copy. All such
copies shall thereafter be entitled to the protection of this Order. The term "copies"
shall not include indices, electronic databases or lists of documents provided these
4
indices, electronic databases or lists do not contain substantial portions or images of the
text of confidential documents or otherwise disclose the substance of the confidential
information contained in those documents.
(e)
information
Inadvertent Production. Inadvertent production of any document or
without
a
designation
of "CONFIDENTIAL
-
SUBJECT
TO
PROTECTIVE ORDER" shall be governed by Fed. R. Evid. 502.
6.
Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL
- SUBJECT TO PROTECTIVE ORDER designation is subject to challenge by any party or nonparty with standing to object (hereafter "party"). Before filing any motions or objections to a
confidentiality designation with the Court, the objecting party shall have an obligation to meet
and confer in a good faith effort to resolve the objection by agreement. If agreement is reached
confirming or waiving the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
designation as to any documents subject to the objection, the designating party shall serve on all
parties a notice specifying the documents and the nature of the agreement.
7.
Action by the Court regarding Challenges by a Party to a Designation as
Confidential. Applications to the Court for an order relating to any documents designated
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER shall be by motion and any other
procedures set forth in the presiding judge's standing orders or other relevant orders. Nothing in
this Order or any action or agreement of a party under this Order limits the Court's power to
make any orders that may be appropriate with respect to the use and disclosure of any documents
produced or use in discovery, dispositive motions or at trial.
8.
Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
Documents under Seal. Pursuant to the Court's February 19, 2014 Preliminary Pretrial Order
5
.............................................
(Doc#: 31 PAGEID# 378-79, documents may be filed under seal only with leave of Court upon a
showing of good cause. See Tri-County Wholesale Distrib. v. Wine, Group, No. 10-4202, 2012
WL 2478357, *12-*13 (6th Cir. June 29, 2012) (Gwin, D.J., dissenting, joined by Majority). If a
party intends to seek leave of Court to file any CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER documents or information derived therefrom, with a dispositive motion,
opposition to a dispositive motion or any other public filing, such party shall provide advance
notice to the other party at least five days before the filing by identifying the documents or
information at issue as specifically as possible (i.e., by Bates number, page range, deposition
transcript lines, etc.). If the other party objects to such filing of CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER documents or information under seal, it may file an opposition brief
with the Court objecting to the other party's motion to file such documents under seal. The
Court may thereafter make such orders as are necessary to govern the filing of such documents
or information.
9.
Use of Confidential Documents or Information at Trial. All trials are open to
the public. Absent order of the Court, there will be no restrictions on the use of any document
that may be introduced by any party during the trial.
If a party intends to present at trial
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or information derived
therefrom, such party shall provide advance notice to the other party at least five days before the
commencement of trial by identifying the documents or information at issue as specifically as
possible (i.e., by Bates number, page range, deposition transcript lines, etc.) without divulging
the actual CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or information.
The Court may thereafter make such orders as are necessary to govern the use of such documents
or information at trial.
6
10.
Obligations on Conclusion of Litigation.
(a)
Order Remains in Effect.
Unless otherwise agreed or ordered, this
Order shall remain in force after dismissal or entry of final judgment not subject to
further appeal.
(b)
Return of CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER Documents. Upon notice from the producing party, no earlier than 30 days
after dismissal or entry of final judgment not subject to further appeal, all documents
treated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under this Order,
including copies as defmed
in~
5(d), shall be returned to the producing party unless: (1)
the document has been offered into evidence or filed without restriction as to disclosure;
(2) the parties agree to destruction in lieu of return; or (3) as to documents bearing the
notations, summations, or other mental impressions of the receiving party, that party
elects to destroy the documents and certifies to the producing party that it has done so.
Notwithstanding the above requirements to return or destroy documents, counsel may
retain attorney work product, including an index which refers or relates to information
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, so long as that
work product does not duplicate verbatim substantial portions of the text or images of
confidential documents. This work product shall continue to be CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER under this Order. An attorney may use his or
her work product in a subsequent litigation provided that its use does not disclose or
use CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents.
(c)
Return of Documents Filed under Seal. After dismissal or entry of final
judgment not subject to further appeal, the Clerk may elect to return to counsel for the
7
parties or, after notice, destroy documents filed or offered at trial under seal or
otherwise restricted by the Court as to disclosure.
11.
Order Subject to Modification. This Order shall be subject to modification by
the Court on its own motion or on motion of a party or any other person with standing
concerning the subject matter. Motions to modify this Order shall be served and filed under the
presiding judge's standing orders or other relevant orders.
12.
No Prior Judicial Determination.
This Order is entered based on the
representations and agreements of the parties and for the purpose of facilitating discovery.
Nothing herein shall be construed or presented as a judicial determination that any documents or
information designated CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER by counsel
or the parties is subject to protection under Rule 26(c) of the Federal Rules of Civil Procedure or
otherwise until such time as the Court may rule on a specific document or issue.
13.
Persons Bound. This Order shall take effect when entered and shall be binding
upon all counsel and their law firms, the parties, and persons made subject to this Order by its
terms.
IT IS SO ORDERED.
MAGIST
DEAVERS
8
E JUDGE ..ELIZABETH PRESTON
-~.--
WE SO STIPULATE and agree to bide
by the terms of this Order,
By s/Ellen Toth
John Gerak, OH #0075431
Ellen Toth, OH #0056176
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
127 Public Square
4130 Key Tower
Cleveland, Ohio 44114
Ph: 216.241.6100
Fax: 216.357.4733
Email: john.gerak@ogletreedeakins.com
ellen. toth@ogletreedeakins.com
By s/Michael J. Stewart
Leslie 0. Murray #0081496
John T. Murray #0008793
Michael J. Stewart #0085227
Murray & Murray Co., LPA
111 East Shoreline Drive
Sandusky, Ohio 44870-2517
Ph: 419.624.3000
Fax: 419.624.0707
Email: leslie@murrayandmurray.com
jotm@murrayandmurray.com
mjs@murrayandmurray.com
Patrick F Hulla, Admitted Pro Hac Vice
Ogletree, Deakins, Nash, Smoak & Stewart,
P.C.
4520 Main Street, Suite 400
Kansas City, MO 64111
Ph: 816.471.1301
Fax: 816.471.1303
Email: patrick.hulla@ogletreedeakins.com
Timothy H. Hanna #0029724
Towne, Leiby, Hanna & Rasnick
338 South Main Street, Suite 402
Akron, Ohio 44311
Ph: 330-253-2227
Fax: 330-253-1261
Email: THanna2074@aol.com
Attorneys for Defendants
James M. Campbell #0004733
Juliet K. Falcone #0078589
Campbell Law Office
2 71 7 Manchester Road
Akron, OH 44319
Ph: 330-745-2422
Fax: 330-745-2557
Email: jamescampbell@campbelllawakron.com
Email: juliefalcone@campbelllawakron.com
Attorneys for Plaintiffs
9
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JERRY HUNT, et al.,
) Case No. 2:13-CV-00993-MHW-EPD
)
Plaintiffs,
) THE HONORABLE MICHAEL H.
) WATSON
v.
)
) MAGISTRATE ELIZABETH PRESTON
YRC WORLDWIDE INC., et al.,
) DEAVERS
)
Defendants.
)
)
)
)
)
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order dated
in the above-captioned action and attached hereto,
understands the terms thereof, and agrees to be bound by its terms. The undersigned submits to
the jurisdiction of the United States District Court for the Southern District of Ohio in matters
relating to the Protective Order and understands that the terms of the Protective Order obligate
him/her to use documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER in accordance with the Order solely for the purposes of the above-captioned action,
and not to disclose any such documents or information derived directly therefrom to any other
person, firm or concern.
The undersigned acknowledges that violation of the Protective Order may result in penalties
for contempt of court.
Name:
Job Title:
Employer:
Business Address:
Date
Signature
17224474.2
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?