Sahaj Hotel, Inc. v. Desai

Filing 32

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Terence P. Kemp on 12/6/2016. (agm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Sahaj Hotel, Inc.,

:
:
:
Plaintiff/Counterclaim-Defendant,
:
:
vs.
:
:
Ashish Desai,
:
Defendant/Counterclaimant/Third- :
:
Party Plaintiff.
:
:
vs.
:
:
Nishith Parikh, et al.,
:
:
Third-Party Defendants

Case No. 2:16-cv-408
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Terence P. Kemp

STIPULATED PROTECTIVE ORDER
IT IS HEREBY STIPULATED BY AND AMONG Plaintiff, Sahaj Hotel, Inc.,
Defendant, Ashish Desai, and Third-Party Defendants, Nishith Parikh, Smita Patel, and
Brijen Patel (collectively “Third-Party Defendants”), as follows:
WHEREAS, information has been and may be sought, produced, or exhibited by
and among the parties to the above-referenced action and their affiliates. Information
has also been and may be sought and produced by subpoenaed parties, including but
not limited to Samuel Lee, CPA, Kwik Mortgage Corporation, Santander Bank, N.A.
and Unity Bank. Some, but not all of the information sought, may include personal
financial information of Third-Party Defendants, including but not limited to personal
bank statements (the “Confidential Information”).

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NOW, THEREFORE, this Stipulated Protective Order is necessary to protect such
Confidential Information and such protection shall be according to the following terms:
1.

The parties agree that Kwik Mortgage Corporation, Unity Bank, and

Santander Bank will produce all documents in their possession responsive to the
subpoenas regarding Sahaj Hotel, Inc., Sahaj Management, Inc., and Sahaj Realty
Services, LLC issued to them on behalf of Defendant except as provided below:
a.

Unity Bank and Santander Bank will produce all documents in

their possession responsive to the subpoenas regarding Sahaj Management and
Sahaj Realty Services.
b.

Kwik Mortgage, Unity Bank, Santander Bank, Sahaj Hotel, Sahaj

Management, and Sahaj Realty will produce any personal bank statements of
Third-Party Defendants (subject to this Protective Order) and any documents
pertaining to Sahaj Hotel in their possession, but not personal financial
information of Third-Party Defendants, including but not limited to tax returns
and personal financial statements.
c.

Kwik Mortgage will provide redacted copies of the bank statements

from December, 2014 through February, 2016 for its account no. XXX0300 at
Santander Bank. To the extent that funds were received into this account by
anyone named Patel, Kwik Mortgage will provide backup information to
confirm that none of the Patels who remitted funds into this account were ThirdParty Defendants Brijen or Smita Patel.

{K0580163.1}

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d.

In the event that Defendants seek information concerning Third-

Party Defendants from any other non-party, Defendant agrees not to seek
personal financial information of Third-Party Defendants, including but not
limited to tax returns and personal financial statements.
2.

Any information or document sought which is asserted by any of the

parties to contain or constitute Confidential Information shall be so designated by said
party in writing, and shall be segregated from other information or documents being
submitted or produced. Information or documents so designated shall be clearly and
prominently marked on their face with the legend: “CONFIDENTIAL.” All transcripts
of oral testimony, and any exhibits referenced during such testimony, as well as the oral
testimony itself, may be designated as Confidential Information. Any person or entity
may, within fourteen (14) days of the receipt of a transcript of oral testimony, designate
the testimony or any exhibits referenced therein as “CONFIDENTIAL” by so notifying
the other parties of such designation in writing. Any document or information marked
as “CONFIDENTIAL” shall be used in accordance with this Protective Order
exclusively and solely for purposes of this litigation and for no other purpose
whatsoever.
3.

In the absence of prior written permission from the individual or entity

asserting confidential treatment or an order by the Court, any Confidential Information
submitted or produced in accordance with the provisions of this Protective Order that
are marked “CONFIDENTIAL” shall not be disclosed to any person other than: (i) the
parties and their attorneys in this action, including any necessary support personnel

{K0580163.1}

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assisting such attorneys, (ii) qualified persons taking testimony involving such
documents or information, and necessary stenographic and clerical personnel; (iii)
technical experts or other expert witnesses and their staff who are employed for
purposes of this litigation, (iv) the Court and any personnel of the Court, and (v) the
producing or submitting party during its or his or her deposition or testimony.
4.

Confidential Information submitted in accordance with the provisions of

this Protective Order shall not be made available to any person designated in paragraph
3(ii) or (iii) unless such person shall have first read this Order, agreed to be bound by
the terms thereof, agreed not to reveal such Confidential Information to anyone other
than persons designated in paragraph 3, and agreed to use such Confidential
Information solely for the purpose of this litigation.
5.

If the Court orders, or if all parties agree, that access to, or the

dissemination of, information submitted or marked as “CONFIDENTIAL” shall be
made to persons not included in paragraph 3, all such persons shall be subject to the
terms and conditions of this Order with respect to any such Confidential Information.
6.

Any Confidential Information submitted to the Court in connection with a

motion, pretrial, or other proceeding within the purview of this litigation shall be
submitted as set forth in paragraph 2 under seal, pursuant to obtaining proper leave of
Court under S.D. Ohio Civ. R. 5.2.1, and shall be maintained by the Clerk of the Court
under seal until otherwise ordered by the Court or agreed upon by the parties in
writing. Only the Court and counsel of record for the respective parties, as well as the
parties, shall have access to such Confidential Information.

{K0580163.1}

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7.

The parties and their attorneys agree that any Confidential Information

submitted as “CONFIDENTIAL” pursuant to this Protective Order is to be treated as
such until all parties agree otherwise in writing or until the Court otherwise orders. If a
party objects to the designation by another party of documents or information as
“CONFIDENTIAL,” the objecting party shall have fourteen (14) days from receipt of
such designation to file an appropriate request for the Court to rule that the disputed
information or documents should not be subject to the protection of this Order.
8.

The parties and their attorneys shall take all necessary and proper steps to

preserve the confidentiality of, and to protect the rights of the individual or entity
asserting confidential treatment with respect to, any Confidential Information
designated by said individual or entity in accordance with this Protective Order.
9.

All persons having knowledge of, access to, or possession of any

Confidential Information as a result of this litigation shall refrain from disclosing any
portion of such Confidential Information to any other person or entity except as
otherwise permitted by this Order, by this Court, or by the parties in writing.
10.

If Confidential Information submitted or produced in accordance with this

Protective Order is disclosed to any person other than in the manner authorized by this
Order, the party responsible for the disclosure must immediately bring all pertinent
facts relating to such disclosure to the attention of the party asserting confidential
treatment and, without prejudice to other rights and remedies of the party asserting
confidential treatment, make every effort to prevent further disclosure by the
responsible party or by the person who was the recipient of such information.

{K0580163.1}

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11.

The parties agree that any inadvertent disclosure of any privileged

material shall not result in the waiver of any associated privilege nor result in a subjectmatter waiver of any kind. The parties further agree, however, that the disclosure of
any particular material shall cease to be “inadvertent” if, fourteen (14) days after the
receiving party notifies the producing party that it has received the material, the
producing party does not request that the material be returned. If, within fourteen (14)
days after the receiving party notifies the producing party that it has received the
material, the producing party does request that the material be returned, then the
receiving party shall (a) immediately return the material, or (b) within fourteen (14)
days after notification from the producing party, file an appropriate motion with the
Court under seal for determination of whether the material is privileged. While such
motion is pending, that material shall be deemed “CONFIDENTIAL,” and shall be
treated by the parties accordingly. In either situation, the receiving party shall make no
copies of the material.
12.

The Court shall have power to modify this Order at the request of any

party and upon a showing of good cause. The Court shall also have the power to
enforce this Order in conformity with the Federal Rules of Civil Procedure and other
applicable law.
13.

Within sixty (60) days after termination of this litigation, the parties shall

assemble and return to the party asserting confidential treatment all items containing
Confidential Information submitted or produced in accordance with the provisions of
this Protective Order. At the option of the party asserting confidential treatment, the

{K0580163.1}

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parties may elect to destroy all items containing Confidential Information. If either
party elects to have its Confidential Information destroyed rather than returned, the
other party shall send written verification that the documents have in fact been
destroyed. All copies of documents containing notes or other attorney work product
shall be destroyed. In addition, all summaries, extracts, or compilations taken from
such shall be destroyed.
14.

This Order shall remain binding after the conclusion of this litigation

unless otherwise ordered by the Court, and the Court shall retain jurisdiction over all
parties bound hereby for the purposes of this Order.
15.

Neither this Order nor the designation of any item as Confidential

Information shall be deemed to preclude any party from seeking, on an appropriate
showing, lesser or greater protection with respect to the confidentiality of any
document, written discovery response, or testimony.
16.

Neither this Order nor the designation of any item as “CONFIDENTIAL”

shall be construed as an admission that such material or testimony would be admissible
in evidence in this litigation.
17.

Nothing in this Order shall preclude any party from using its own

Confidential Information in any manner it chooses.
18.

It is the spirit and intent of this document to maintain confidentiality of

Confidential Information. Its intent is not to inhibit the parties from pursuing and
presenting their case on the merits in this litigation and in the event of a dispute about
its interpretation, the interpretation shall be made with this spirit and intent considered.

{K0580163.1}

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The Court shall have jurisdiction to adjudicate any disputes regarding interpretation of
this Order.
19.

Any costs or fees associated with any subpoenae issued by any of the

parties or any responses by any of the persons/entities subpoenaed shall be the sole
responsibility of the party issuing such subpoenae.
IT IS SO ORDERED:
______________________________
TERRENCE P. KEMP
UNITED STATES MAGISTRATE JUDGE
AGREED:
/s/ Philomena S. Ashdown (per email
authority)
Philomena S. Ashdown (0034433)
Email: [e-mail]
STRAUSS TROY CO., LPA
The Federal Reserve Building
150 East Fourth Street
Cincinnati, OH 45202-4018
Tel:: [phone]
Fax: [phone]

/s/ Samir B. Dahman
Samir B. Dahman (0082647)
Trial Attorney
Heather R. Zilka (0070538)
Email: [e-mail]; [e-mail]
Kohrman Jackson & Krantz, LLP
10 West Broad Street, Suite 1900
Columbus, OH 43215
Tel: [phone]
Fax: [phone]

Counsel for Plaintiff Sahaj Hotel, Inc.

Counsel for Defendant/Counterclaimant/
Third-Party Plaintiff Ashish Desai

/s/Thomas R. Schuck (per email
authority)
Thomas R. Schuck (0005336)
Email: [e-mail]
TAFT STETTINIUS & HOLLISTER LLP
425 Walnut St., Suite 1800
Cincinnati, OH 45202
Tel: [phone]
Fax: [phone]
Counsel for Third-Party Defendants
Nishith Parikh, Smita Patel, and Brijen Patel

{K0580163.1}

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