Tchankpa v. Ascena Retail Group, Inc.

Filing 10

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Terence P. Kemp on 4/10/2017. (agm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
KASSI TCHANKPA,
Plaintiff,
v.
ASCENA RETAIL GROUP
Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 2:16-CV-0895
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Terence P. Kemp

AGREED PROTECTIVE ORDER
Plaintiff Kassi Tchankpa (“Tchankpa”) and Defendant Ascena Retail Group 1 (“Ascena”),
through their attorneys, having stipulated and agreed to the entry of a Protective Order, and the
Court finding that good cause supports entry of this Protective Order and that justice so requires
it,
IT IS HEREBY ORDERED, pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure, that the documents and other information, including the substance and content
thereof, produced or otherwise disclosed by any party or non-party in discovery in this litigation,
shall be subject to the terms and provisions of this Protective Order as follows:
1.

Ascena, Tchankpa, and/or any other related non-parties involved in any way in this

litigation are required to maintain the confidentiality of the following documents and information
obtained through discovery in this litigation or obtained and marked as exhibits in depositions in
this case (hereinafter referred to as “confidential material”): (a) documents and information from

personnel files of current and former employees of Ascena; (b) documents and information
pertaining to disciplinary actions by or against current or former employees of Ascena; (c) lists
of names of employees currently or formerly employed by Ascena; (d) medical, family medical,
and personal financial and tax information of any person; (e) any document that contains or
relates to sensitive financial, business, or personal information, including but not limited to,
trends and projections, business strategies and associated information, and any Ascena customer
information; and (f) any document or information that a party in good faith believes to contain
confidential or proprietary business information, which is designated by the party as
“CONFIDENTIAL.” Such designation shall subject the information produced or provided under
said designation to the provisions of this Protective Order.
2.

Ascena and/or Tchankpa may designate deposition testimony or any portion of deposition

testimony as “CONFIDENTIAL” by advising the court reporter and counsel of such designation
during the course of the deposition or at any time thereafter.

Portions of any deposition

designated “CONFIDENTIAL” are to be either: (a) redacted before the deposition transcript is
filed with the Court; or (b) filed with the Court under seal, bearing substantially the following
designation: “Portions of this deposition were taken subject to a Protective Order.

These

portions shall remain sealed until further agreement of the parties.”
3.

Whenever a party wishes to file any confidential material with the Court, the party may

either: (a) redact all of the information contained on any page that is marked “CONFIDENTIAL”
before filing said document with the Court; (b) if the party wishing to file the confidential
material is the party asserting confidential treatment (hereafter “designating party”), that party
may, at their discretion, redact only that information that it deems confidential before filing with

1

Though Plaintiff has named “Ascena Retail Group” as the Defendant in this action, the entity that employed
Plaintiff, and thus the proper Defendant, is Ascena Retail Group, Inc.
-2-

the Court; or (c) separately file the document under seal with Court. If a party wishes to file a
document that has been marked confidential with the Court, the party will file a motion
establishing good cause for the document to be preserved under seal. A document may not be
filed under seal without prior approval of the Court.
4.

Ascena or Tchankpa may designate as “CONFIDENTIAL” specific responses to

information requests by labeling the specific response “CONFIDENTIAL.”
5.

Except upon prior written consent of the designating party or upon further order of a

court of competent jurisdiction, confidential material shall be held in strict confidence and shall
be used solely for the purposes of prosecution or defense of this litigation.

Access to

confidential material shall be limited to:
(a) Counsel for the respective parties, including in-house counsel (and employees of said
counsel who are assisting in the prosecution or defense of this litigation);
(b) Experts and consultants (including independent experts and consultants, and employees
or clerical assistants of said experts) who are employed, retained or otherwise consulted
by counsel or a party for the purpose of analyzing data, conducting studies or providing
opinions to assist in such litigation; and
(c) Parties or officers or employees of the respective parties who have a reasonable business
need to review such documents, testimony, information or material.
6.

Confidential material shall not be disclosed to any expert or consultant (as defined in

paragraph 5(b)) unless and until such person has signed and returned to all counsel a written
agreement that he/she agrees to be bound by the terms of this Protective Order.
7.

No party shall make more copies of any confidential material than are reasonably

necessary to conduct this litigation.

-3-

8.

Except as otherwise provided for in this Protective Order, all confidential material shall

remain in the possession of counsel for the respective parties, and be stored in a secure place.
9.

If Ascena or Tchankpa objects to the designation of any document, testimony,

information or material as “CONFIDENTIAL,” they may, by noticed motion, apply to the Court
for a ruling that the document, testimony, information or material shall not be so treated, but only
after first conferring with opposing counsel in an attempt to resolve the issue. The burden shall
remain with the designating party to justify such designation under the standard set forth in Fed.
R. Civ. P. 26(c). Unless and until the Court enters an order to the contrary, the documents,
testimony, information or material shall be treated as confidential material in accordance with
this Protective Order.
10.

Should any party hereto seek to utilize any confidential material at trial or a hearing in

this matter, the party shall confer with counsel for the opposing party in an effort to agree upon a
procedure to ensure the confidentiality of such document, testimony, information or material. In
the event the parties are unable to reach agreement, the matter will be submitted to the Court.
11.

Upon termination of this litigation and at the request of the designating party, all copies

of material (and all summaries thereof) shall be returned to counsel for the designating party or
destroyed.
12.

This Protective Order may be modified or amended by agreement of the parties or by

further order of the Court for good cause shown.

IT IS SO ORDERED.
____________________________________
JUDGE SARGUS

-4-

AGREED:

/s/ William J. O’Malley (per email consent /s/ Brooke E. Niedecken
dated 4.7.2017)
Brooke E. Niedecken (0079142)
William J. O’Malley
Julia R. Baxter (0086648)
4591 Indianola Ave.
LITTLER MENDELSON, P.C.
Columbus, OH 43214
21 East State Street, 16th Floor
[e-mail]
Columbus, OH 43215
Telephone: [phone]
Telephone: [phone]
Facsimile: [phone]
Facsimile: 614.221.3301
Attorney for Plaintiff Kassi Tchankpa

Attorneys for Defendant
Ascena Retail Group

-5-