Osborne v. Wal-Mart Stores East,L.P.

Filing 16

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Terence P. Kemp on 1/27/2017. (agm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
FREDERICK OSBORNE,
PLAINTIFF,
VS.
WALMART REAL ESTATE BUSINESS,
DEFENDANT.

:
:
: CASE NO.: 2:16-cv-00701
:
: JUDGE: MARBLEY
:
: MAGISTRATE JUDGE: KEMP
:
:

AGREED PROTECTIVE ORDER
The parties have agreed to and have submitted to the Court, and for good cause shown
the Court hereby enters, the following Protective Order:
1.

This Protective Order shall govern the disclosure of materials designated as

Confidential Material during the course of discovery. Confidential Material, as used in this
Order, shall refer to any document or item designated as Confidential or Highly Confidential –
Attorneys’ Eyes Only, including but not limited to, documents or items produced during
discovery, all copies thereof, and the information contained in such material.
2.

Confidential Material, as used in this Order, may consist of the following

materials and categories of materials, but this is not an exhaustive list:
a. Materials relating to any privileged, confidential, or nonpublic
information, including, but not limited to, trade secrets, research,
design, development, financial, technical, marketing, planning,
personal, or commercial information, as such terms are used in the
Federal Rules of Civil Procedure
contracts; proprietary
information; vendor agreements; personnel files; and
claim/litigation information.
b. Protected Data shall refer to any information that a party
believes in good faith to be subject to federal, state or foreign data
protection laws or other privacy obligations. Examples of such data
protection laws include but are not limited to The Gramm-LeachBliley Act, 15 U.S.C. § 6801 et seq. (financial information); and,

The Health Insurance Portability and Accountability Act and the
regulations thereunder, 45 CFR Part 160 and Subparts A and E of
Part 164 (medical information). Certain Protected Data may
compel alternative or additional protections beyond those afforded
Highly Confidential Material, in which event the parties shall meet
and confer in good faith, and, if unsuccessful, shall move the Court
for appropriate relief.
3.

To designate information as confidential, the producing party shall mark

Confidential Material with the legend “CONFIDENTIAL- SUBJECT TO PROTECTIVE
ORDER.” Information disclosed at any deposition of a party taken in this action may be
designated by the party as confidential by indicating on the record at the deposition that the
information is confidential and subject to the provisions of this Order. Alternatively, the party
may designate information disclosed at the deposition as confidential by notifying the court
reporter and other parties in writing, within 15 business days of receipt of the transcript, of the
specific pages and lines of the transcript which are designated as confidential.
4.

Any Confidential Material and the information contained therein shall be

disclosed only to the Court, its staff, and counsel of record, and also shall be disclosed on a needto-know basis only to the parties, counsel’s staff personnel, employees of a party to whom
disclosure is necessary in connection with the preparation for and trial of this action, and any
witnesses in the case (including consulting and testifying experts) as may from time to time
reasonably be necessary in prosecution or defense of this action. Counsel shall advise all persons
to whom Confidential Material is disclosed pursuant to this Order of the existence of this Order,
and shall provide all such persons (other than the Court and its staff) with a copy of this Order.
Counsel also shall require all persons, except the Court, its staff, the parties, counsel of record
and counsel’s staff personnel, to execute the Affidavit attached as Exhibit A, prior to the
disclosure of Confidential Material. It shall be the obligation of counsel, upon learning of any
breach or threatened breach of this Protective Order, to promptly notify counsel for the

Producing Party of such breach or threatened breach.

Counsel shall not otherwise offer or

permit disclosure of any Confidential Material, its contents, or any portion or summary thereof.
5.

Persons having knowledge of Confidential Material and information by virtue of

their participation in the conduct of this litigation shall use them for that purpose only and only
as permitted herein, and shall not disclose such Confidential Material, their contents or any
portion or summary thereof to any person(s) not involved in the conduct of this litigation. If any
person having access to the Confidential Material herein shall violate this Order, he/she may be
subject to sanctions by the Court.
6.

Should a party disagree with any designation of material as confidential, the party

may file a Motion disputing the designation. Pending resolution of any challenges, the material at
issue shall continue to be treated as Confidential Material until ordered otherwise by the Court.
7.

Confidential Material may be filed with the Court. Any Confidential Material that

is filed with the Court shall be filed under seal.
8.

This Order shall continue to be binding throughout and after the conclusion of this

litigation, and until all documents are returned or destroyed. Notwithstanding this provision,
counsel is entitled to retain any attorney work product, including summaries.
9.

If any person receiving documents covered by this Order is served with a

subpoena, order, interrogatory, or document or civil investigative demand (collectively, a
“Demand”) issued in any other action, investigation, or proceeding, and such Demand seeks
material that was produced or designated as Confidential Material by someone other than the
Receiving Party, the Receiving Party shall give prompt written notice by hand, email or facsimile
transmission within five (5) business days of receipt of such Demand to the party or non-party
who produced or designated the material as Confidential Material, and shall generally object to

the production of such materials on the grounds of the existence of this Order. The burden of
opposing the enforcement of the Demand shall fall upon the party or non-party who produced or
designated the material as Confidential Material. Unless the party or non-party who produced or
designated the Confidential Material obtains an order directing that the Demand not be complied
with, and serves such order upon the Receiving Party prior to production pursuant to the
Demand, the Receiving Party shall be permitted to produce documents responsive to the Demand
on the Demand response date, provided sufficient notice of the Demand is provided.
Compliance by the Receiving Party with any order directing production pursuant to the Demand
of any Confidential Material shall not constitute a violation of this Order. Nothing in this Order
shall be construed as authorizing a party to disobey a lawful subpoena issued in another action.
10.

In the event additional parties join or intervene in this litigation, the newly joined

party(ies) shall not have access to Confidential Material until its/their counsel has executed and,
at the request of any party, filed with the Court the agreement of such party(ies) and such counsel
to be fully bound by this Order.
APPROVED:
__/s/ Steve J. Edwards________________
Steve J. Edwards (0000398)
[e-mail]
4030 Broadway
Grove City, OH 43123
Telephone: [phone]
Attorney for Plaintiff

_/s/ Jackie M. Jewell ________
Patrick Kasson (0055570)
Jackie M. Jewell (0090499)
[e-mail]
[e-mail]
REMINGER CO., L.P.A.
200 Civic Center Drive, Suite 800
Columbus, OH 43215
Telephone [phone]
Facsimile [phone]
Attorneys for the Defendant

IT IS SO ORDERED,

/s/ Terence P. Kemp

January 27, 2017

United States Magistrate Judge

Date

AFFIDAVIT
1. My name is _____________________________________________________. I live
at ________________________________________________________________.
2.

I

am

aware

that

a

Protective

Order

has

been

entered

in

____________________________________________, and a copy thereof has been given to me.
3. I acknowledge that documents and information designated as confidential pursuant to
such Protective Order are being disclosed to me only upon the condition that I agree to be subject
to the jurisdiction of this Court and to that Order. I hereby agree to abide by such Order, subject
to all penalties prescribed therein, including contempt of Court, for disobedience of said Order. I
promise that the documents and information given confidential treatment under the Protective
Order entered in this case will be used by me only in connection with assisting counsel for the
parties in preparing for litigation of the above-captioned matters. I understand that any use of
such Confidential Material in any manner contrary to the provisions of the Protective Order will
subject me to the sanctions of this Court for contempt.
4. I promise that I will not disclose or discuss such Confidential Materials or information
any person other than the parties and counsel for the parties or members of their staff.

DATED: _________________, 20

.

____________________________________

EXHIBIT A