Fawzi v. Boehringer Ingelheim Roxane, Inc et al

Filing 12

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Terence P. Kemp on 6/25/2015. (agm)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
HANI H. FAWZI,

:

Plaintiff,

Case No. 2:14-cv-01600

:

v.

:

JUDGE GRAHAM

BOEHRINGER INGELHEIM ROXANE,:
INC.
:
Defendant.

MAGISTRATE JUDGE KEMP

AGREED PROTECTIVE ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS
The parties to Case No. 2:14-cv-01600 (referred to herein as “this Action”), Plaintiff
Hani Fawzi and Defendant Boehringer Ingelheim Roxane, Inc. (referred to collectively as “the
Parties”), hereby stipulate and agree as follows:
WHEREAS, the Parties to this Action recognize that certain documents will be produced
that may contain confidential information and/or proprietary business information; and
WHEREAS, the Parties desire to minimize the necessity for objections and motions and
to avoid interruption or delay in the flow of information relevant to this litigation by piecemeal
motions for protective orders or other unnecessary discovery motions;
THEREFORE, IT IS HEREBY ORDERED that:
1.

Confidential Information: The Parties and/or any experts or consultants retained

by the Parties are required to maintain the confidentiality of certain documents obtained through
discovery in this litigation or obtained and marked as exhibits in depositions in this Action
(“Confidential Information”).

This Confidential Information includes, without limitation:

(a) personnel files and/or other similar files of current and former employees of Defendant and

any related entity other than such files of Plaintiff; (b) medical files, leave files, and/or other
similar files or any documents containing medical information about current or former
employees of Defendant; (c) documents pertaining to the application and/or hire of individuals
who applied for positions with Defendant other than such files of Plaintiff; (d) documents
containing personal identifying information of employees currently or formerly employed by
Defendant and any related entity other than such files of Plaintiff; (e) documents pertaining to
Defendant’s mode of organization and business structure, including job descriptions; (f) personal
financial and tax information of any person other than such documents related to Plaintiff;
(g) financial records of Defendant and any related entity; (h) documents containing non-public
information regarding Defendant’s products, services, samples of materials, scientific
information, mode or manner of production, manufacturing techniques, formulas, research data,
records, reports notes, compilations, and other recorded information related to the Defendant
operations, activities or business and/or services; and (i) any document that contains confidential
or proprietary information, which is designated by the party as “Confidential.” This Confidential
Information shall be marked “Confidential” and is protected from disclosure to the public
regardless of whether it is conveyed by or contained in a document produced, stated in answer to
an interrogatory or request for admission, disclosed in an oral deposition by a party or a
non-party in the course of discovery in this proceeding, or disclosed pursuant to a voluntary
agreement among counsel.
2.

Disputes Regarding Confidential Information:

Any party objecting to the

designation of any document as “Confidential” shall make a good faith effort to resolve the
dispute without intervention of the Court. If the Parties are unable to resolve the dispute, the
objecting party may move for an order regarding the designation of the documents at issue. The

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Parties agree that any hearing before the Court may be conducted by telephone. If any such
dispute is submitted to the Court, the documents at issue shall be submitted to the Court under
seal and will retain their “Confidential” designation until a ruling by the Court, and thereafter
shall be classified in accordance with such ruling.
3.

Limitation on Disclosure: All Confidential Information shall be used solely for

the purpose of conducting this Action. Confidential Information may be disclosed only to the
following persons:
a.

Attorneys of record for any party to this Action, and all legal support

personnel, and clerical employees working under the direct supervision of such counsel;
b.

The Parties to this Action;

c.

The Court and its personnel and, if applicable, jurors;

d.

Employees or former employees of Defendant and any parent, subsidiary,

or related entity, if required by either party to assist directly on this litigation, with
disclosure only to the extent necessary to perform such assistance;
e.

Witnesses, independent consultants, or experts retained by any of the

Parties to this Action to assist in the preparation and trial of this litigation, who any of the
Parties, in good faith, determines need to view such documents for the purposes of this
litigation;
f.

Any arbitrator or mediator designated in this Action;

g.

Any court reporter employed in connection with a deposition in this

h.

Any person approved in writing, in advance of disclosure, by the

Action;

producing party.

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4.

All persons reviewing or receiving copies of Confidential Information are

enjoined from disclosing the contents thereof to any other person other than for the prosecution
or defense of this Action, except in conformity with this Protective Order, and hereby agree to
subject themselves to the jurisdiction of the Court for the purpose of any proceeding relating to
the performance under, compliance with, or violation of this Protective Order. Before a party to
this Action disseminates any Confidential Information as defined in Paragraph 1 herein, that
party shall provide the person to whom such disclosure is made with a copy of this Protective
Order and shall obtain the agreement in writing in the form of Exhibit A attached hereto of such
person to be bound by the terms and conditions herein. Notwithstanding the foregoing, the
Parties to this Action shall not be required to execute an agreement in the form of Exhibit A prior
to receiving any Confidential Information, but shall be bound by the terms of this Protective
Order by their signature or the signature of their respective counsel herein.
5.

The recipient of any Confidential Information shall maintain such information in

a secure and safe area.
6.

Should a receiving party utilize any Confidential Information as an Exhibit to a

deposition or in any pretrial hearing, such document or any testimony relating thereto shall be
submitted and kept under seal for a period of 20 business days after receipt of the transcript.
a.

If a party wishes to designate any part of the deposition as Confidential

Information under this Order, the party shall either make a statement on the record at the
time of the disclosure or notify counsel for the other party in writing within the 20
business day period of the portions of the deposition to be so designated.

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b.

Counsel for the designating party shall affix the legend “Confidential” to

the first page and all subsequent pages of the original transcript that contains Confidential
Information, and to the first page, and all subsequent corresponding pages, of all copies
of such transcript.
c.

Only those portions of each transcript designated as “Confidential” in this

Action shall be deemed Confidential Information.
7.

A procedure for use of Confidential Information as exhibits at trial shall be

discussed at the final pre-trial conference of this Action and will be subject to the ruling of the
Court. If Confidential Information is filed with the Court, it, or the portions of it that contain
Confidential Information, shall be filed by motion or order and in a sealed envelope, together
with a caption, identification of the filing counsel and enclosed materials, and the following
statement on the outside: “CONFIDENTIAL:

This envelope contains documents that are

subject to an Order entered by the Court in this Action governing the use of confidential
discovery material.”
8.

Within sixty (60) days after receipt of written notice of the final disposition of this

Action, whether by judgment and exhaustion of all appeals, or by settlement, the receiving
Parties and all other persons who have received documents containing Confidential Information
shall destroy or return all such documents, and all copies thereof, to the producing party.
Notwithstanding the foregoing, each party may retain motion papers, briefs, notes, memoranda
or other documents which contain Confidential Information. This Protective Order shall continue
to apply to all such documents retained by any party in accordance with the preceding sentence.
9.

Nothing in this Protective Order shall preclude any party to this Action or any

other person from disclosing or using in any manner or for any purpose, any information or

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document obtained by means other than discovery in this Action (if such information is lawfully
obtained from a third party having the right to disclose such information) even though the same
Confidential Information may be contained in a document designated “Confidential.”
10.

This Protective Order shall not affect any party’s right to object to the use in this

Action of Confidential Information on any ground. The fact that information or documentation
has been designated “Confidential” shall in no way prejudice the right of any party to contest the
confidential or proprietary nature of any document or information, at the time of trial or
otherwise.
11.

This Protective Order shall not prejudice or affect any party’s right to object to the

authenticity or admissibility of any evidence at the time of trial of this Action.
12.

Any waiver under this Protective Order must be made in writing or, if at a

deposition, on the record. Any waiver unless expressly made general, shall be deemed limited to
the specified purposes of the request or proceeding involved, and shall not otherwise waive any
of the protection provided by this Protective Order.
13.

The terms and provisions of this Protective Order are subject to modification,

extension or limitation as may be hereafter agreed to by the Parties in writing or by order of the
Court.
For good cause appearing, IT IS SO ORDERED.
Dated: June 25

, 2015

/s/ Terence P. Kemp
Judge James L. Graham
xxxxxxxxxxxxxxxx
United States Magistrate Judge

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HAVING SEEN AND AGREED:

/s/ Maryellen Reash
Maryellen Reash (0059851)
REASH LAW OFFICES, LLC
1170 Old Henderson Road, Ste 118
Columbus, Ohio 43220
Telephone: [phone]
Facsimile: 614-538-1806
Email: [e-mail]

/s/ Rebecca J. Davis
Rebecca J. Davis (0068235), Trial Attorney
Jessica E. Bauml (0088248)
JACKSON LEWIS P.C.
201 E. Fifth Street
Cincinnati, Ohio 45202
Telephone: [phone]
Facsimile: 513-898-0051
E-mail: [e-mail]
[e-mail]

Rateb (Ron) Khasawneh, Esq.
1170 Old Henderson Rd, Suite 116
Columbus, Ohio 43220
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Attorneys for Defendant

Attorneys for Plaintiff

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EXHIBIT A
ACKNOLWEDGEMENT AND CONSENT TO JURISDICTION
I,

acknowledge that I have been given a copy of and

have read the Agreed Protective Order Regarding Confidentiality of Documents in Hani Fawzi v.
Boehringer Ingelheim Roxane, Inc., United States District Court, Southern District of Ohio,
Eastern Division, Case No. 2:14-cv-01600, and I agree to be bound by its terms. I acknowledge
and agree that any document marked “Confidential,” which is received by me in connection with
this matter, and any copy, excerpt, summary or abstract of such document, shall not be disclosed
to or discussed with anyone except as expressly provided in the Protective Order. I further
acknowledge and agree that all Confidential Information shall be used only in the prosecution or
defense, including any appeal, of this matter and shall be returned or destroyed at the conclusion
of this case.
I consent to the jurisdiction of the United States District Court, Southern District of Ohio,
Eastern Division for the purposes of enforcing this Protective Order.
I declare under penalty of perjury under the laws of the State of Ohio that the forgoing is
true and correct.
Executed on ____________, _____ at _________________________.

4825-8177-0274, v. 1

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