Mason v. Wal-Mart Corporation et al

Filing 53

CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Terence P Kemp on 12/18/2014. (agm1)

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Guy Mason,
:
Plaintiff,
:
:
Case No. 2:14-cv-00446
v.
:
:
Judge Algenon L. Marbley
Wal-Mart Corporation, etc., et al.,
:
Magistrate Judge Kemp
Defendants.
:

IT IS HEREBY STIPULATED, AGREED, AND ORDERED pursuant to Rule 26
and Rule 29 of the Federal Rules of Civil Procedure, that:
1.

(a)

This Confidentiality Stipulation and Protective Order (“Order”)

governs the handling of all documents, testimony, and other information including all
copies, excerpts, and summaries thereof (collectively, the “Material”), produced, given,
or filed during discovery or other proceedings in this action.
(b)

The provisions of this Order shall apply to (i) the persons listed in

paragraph 4 below and (ii) any other person producing or disclosing Material in this
action who agrees to be bound by the terms of this Order. As used herein, the term,
“person,” includes all persons described in the immediately preceding sentence of this
Order.
2.

Any person may designate as “Confidential” or “Attorneys’ Eyes Only” any

Material that it produces in the course of discovery proceedings herein when such
person in good faith believes such Material contains trade secrets or sensitive personal,
competitive, commercial, financial, or proprietary business information. Material that is
available to the public shall not be designated as “Confidential” or “Attorneys’ Eyes
Only.”

3.

Material designated as “Confidential” or “Attorneys’ Eyes Only” shall be

used only for the purpose of this action (including appeals) and not for any business or
other purpose whatsoever and shall not be given, shown, made available, or
communicated in any way to anyone except those identified in paragraphs 4 and 5 of
this Order.
4.

Material designated as “Confidential” may be disclosed (for the purpose

set forth in paragraph 3 above) only to:
(a)

the parties to this action and/or employees of the parties who need
access to the Material for the purpose articulated in paragraph 3
above;

(b)

counsel of record for the parties and employees of counsel of
record;

(c)

the Court (including court reporters, stenographic reporters, and
court personnel);

(d)
(e)
5.

consultants and experts retained by the parties or counsel; and
any other person to whom the producing person agrees in writing.

Material designated as “Attorneys’ Eyes Only” may not be disclosed to any

party to this action, to any employee or representative of any party, or to any consultant
or expert retained by the parties or counsel and may be disclosed (for the purpose set
forth in paragraph 3 above) only to:
(a)

counsel of record for the parties and employees of counsel of
record;

(b)

the Court (including court reporters, stenographic reporters, and

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court personnel); and
(c)
6.

any other person to whom the producing person agrees in writing.

Notwithstanding the provisions of paragraphs 4 and 5 of this Order, this

Order has no effect upon, and its scope shall not extend to, any person’s use of its own
Material that it has designated as “Confidential” or “Attorneys’ Eyes Only.”
7.

(a)

All pleadings or other court filings that incorporate or disclose

Material designated as “Confidential” or “Attorneys’ Eyes Only” shall be labeled
“Documents Subject to Protective Order” and filed under seal in accordance with the
Court’s rules and shall remain under seal until the Court orders otherwise.
(b)

Any disclosure of Confidential Material or Attorneys’ Eyes Only

Material at trial or in any other court proceeding herein shall be made in camera unless
the Court orders otherwise.
8.

Each person given access to Material designated as “Confidential” or

“Attorneys’ Eyes Only” pursuant to the terms of this Order (other than persons
described in paragraphs 4(b), 4(c), 5(a), and 5(b) above) shall be advised that (a) the
Confidential Material is being disclosed pursuant to and subject to the terms of this
Order and may not be disclosed other than pursuant to the terms thereof; and (b) that a
violation of the terms of this Order (by use of Confidential Material or Attorneys’ Eyes
Only Material for business purposes or in any other impermissible manner) may
constitute contempt of a court order. Before any person other than persons described
in paragraphs 4(b), 4(c), 5(a), and 5(b) above is given access to Confidential Material or
Attorneys’ Eyes Only Material, he or she must also execute the attached certificate.

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9.

Material shall be designated as follows:
(a)

In the case of documents, designation shall be made by placing the

legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” on the first page of any such
document prior to production.
(b)

In the case of interrogatory answers, designation shall be made by

placing the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” on each page of
any answer that contains Confidential Material or Attorneys’ Eyes Only Material.
(c)

Any party may, during the taking of a deposition, designate

testimony as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If a deposition or
portion thereof is designated during the deposition as “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY,” the deposition or portion thereof shall continue in the
absence of all persons to whom access to the “CONFIDENTIAL” or “ATTORNEYS’
EYES ONLY” material is not permitted under this Order. Further, any party may (no
later than seventy-two (72) hours after receipt of a deposition transcript) designate by
providing notice in writing to the other party all or any portion thereof as
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” under the terms of the Order.
Counsel and the parties shall treat the transcripts of any depositions taken in this matter
as “ATTORNEYS’ EYES ONLY” within the first seventy-two (72) hours after receipt of a
transcript. All copies of deposition transcripts that contain Confidential Material or
Attorneys’ Eyes Only Material shall be prominently so marked on the cover thereof and,
if and when filed with the Clerk, shall be filed under seal.

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(d)

All briefs, pleadings, or other filings with the Court that incorporate or

disclose Confidential Material or Attorneys’ Eyes Only Material shall be appropriately
labeled on the cover page and filed under seal.
10.

(a)

No party concedes that any Material designated by any other

person as Confidential Material or Attorneys’ Eyes Only Material does in fact constitute
such Material or has been properly designated as such Material. Any party may at any
time move for (i) modification of this Order or (ii) relief from the provisions of this Order
with respect to specific Material. In addition, the parties may agree in writing or on the
record in any deposition or in any hearing to necessary modifications of this Order.
(b)

A party shall not be obligated to challenge the propriety of the

designation of Material as “Confidential” or “Attorneys’ Eyes Only” at the time made, and
any failure to do so shall not preclude a subsequent challenge thereof. If a party
challenges any such designation, it shall send or give notice to the designating person,
and they shall attempt to resolve any challenge in good faith on an expedited and
informal basis. If the challenge cannot be expeditiously and informally resolved, either
the designating person or the challenging party may apply for appropriate ruling(s) from
the Court. The Material in issue shall continue to be treated as designated until the
Court orders otherwise.
11.

This Order, insofar as it restricts the communication and use of

Confidential Material or Attorneys’ Eyes Only Material, shall continue to be binding
throughout and after the conclusion of this litigation including any appeals. At the
conclusion of this action, including the running of any time to appeal or to move for relief
under Rule 60(b) of the Federal Rules of Civil Procedure, all Confidential Material and

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Attorneys’ Eyes Only Material shall be returned promptly to the producing party or shall
be destroyed, except that counsel for the parties need not return any such Material that
became a part of the Court’s record in this action (by use as a trial exhibit, inclusion in a
court filing, or inclusion in the record on any appeal or otherwise).

APPROVED:
/s/ Michael Garth Moore
per signature authority on 12/11/2014

Michael Garth Moore
Law Offices of Michael Garth Moore
341 South High Street, Suite 210
Columbus, OH 43215
888-318-0075
888-318-0075 (fax)
[e-mail]
Counsel for Plaintiff Guy Mason

/s/ Patrick Kasson
Patrick Kasson, Esq. (0055570)
Reminger Co., L.P.A.
Capitol Square Building,
65 E. State Street, 4TH Floor
Columbus, Ohio 43215
Phone: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendant Wal-Mart
Corporation

/s/ Federico G. Barrera III per signature

/s/ Morgan Arnett Linn per signature

authority on December 12, 2014 

authority on December 12, 2014

Federico G. Barrera III
Assistant Attorney General
Executive Agencies Section
30 East Broad Street
26th Floor
Columbus, Ohio 43215
P: [phone]
F: [phone]
[e-mail]
Co-Counsel for Defendant Mason Boyce

Morgan Arnett Linn
Office of the Ohio Attorney General
Executive Agencies
1970 W. Broad Street
5th Floor
Columbus, OH 43223
614-752-4797
866-523-8132 (fax)
[e-mail]
Counsel for Defendant Ohio State
Highway Patrol and Mason Boyce
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/s/ Curtis Franklin Gantz per signature

Monica Waller per signature authority

authority on December 12, 2014

on December 12, 2014

Curtis Franklin Gantz
Lane Alton & Horst
Two Miranova Place
Suite 500
Columbus, OH 43215-7052
614-228-6885
[e-mail]
Counsel for Defendant Sheriff Fred
Abdella

Monica L Waller
Lane Alton & Horst LLC
2 Miranova Place
Suite 500
Columbus, OH 43215
614-233-4744
614-228-0146 (fax)
[e-mail]
Counsel for Defendant Sheriff Fred
Abdella and Deputy Sterling

IT IS SO ORDERED,
/s/ Terence P. Kemp
United States Magistrate Judge

December 18, 2014
Date

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CERTIFICATE

I certify my understanding that material designated as “Confidential” or
“Attorneys’ Eyes Only” is being disclosed to me pursuant to the terms and restrictions of
a Confidentiality Stipulation and Protective Order (the “Order”) in Guy Mason v. WalMart Stores Corporation, et al. Case Number 2:14-CV-00446 in the United States
District Court for the Southern District of Ohio, and that I have been given a copy of and
have read the Order and agree to be bound by it. I understand that all material
designated as “Confidential” or “Attorneys’ Eyes Only” and copies of such material,
including but not limited to any notes or other transcription made from such protected
documents, shall be returned by me to counsel for the party providing them no later
than thirty (30) days after the termination of this proceeding.

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Date

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Name
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Address

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