Reed v. Home Depot USA Inc, et al

Filing 27

AGREED AND STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Magistrate Judge Terence P. Kemp on 3/23/2017. (agm)

IN THE UNITED STATED DISTRfCf COURT

FOR THE SOUTHERN DISTRICT OFOIIIO
EASTERN DIVISION

DEANNE REED,

I'laintirr,

:

CascNo. 2: I6-CV-00926

•vs-

:

Judge JaiiK's L. Gruhaiii

HOME DEPOT U.S.A., INC., ct al.

Mag. Judge Tcrciicc P, Kemp

Dcfcntlnnts.

AGItEEP AND STirULATED CONFinENTIAMTY AGHKEMKNT AND PUOI EmVK OllDER

WMERF.AS. certain documents, information ami other things nrguably discovernbie under
applicable rules of discover)' in this action should be kept conlldcntial in order to protect the
privacy or legitimate business interests of the parties; and

WHEREAS, the parties to this action have agreed on the terms of a Stipulated Protective
Order to govern the treatment, disclosure and dissemination of confidential documents and
information both during the pendency of the action and following its termination, or until this
Stipulated Protective Order is amended or superseded;
i f IS I lEREUY STIPUl.ATED AND AGREED D Y THE PARTIES, thi.s Honorable Court

consenting, that:

1.
This Slipulatcd Protective Order shall apply to and govern all documents,
information and things produced in discovery in this action or any other proceedings herein which
contain pruprictar)' information, trade secrets, or other confidential information, ru.scarch,
development or commercial infomiation. Such items may include, without liniitatinn. documents
and things produced, answers to interrogatories, answers to requests for admissions, information
obtained from inspection of premises or things, and any other matter which the disclosing party
.shall designate as confidential pursuant to Paragraph 6 herein, as well as ,ill information,
documents and things rcfcrring or relating to the foregoing, including, but not limited to, copies
summaries, digests, compilations or abstracts (nil of which are referred to collectively herein as
"PROTECTED MATERIAL").

2.
Except upon fuithcr Order of this Court, by express prior written consent ofcounsel
for the producing party, or as otherwise provided herein, PROTECTED MATERIAL furnished in
this action by any person or entity and information derived from PROTECTED MA'fERIAL shall
be used solely for the purpose of the litigation of this action, and shall not be disclosed by the
recipient to any pcrtson other than:

n

The parliesand theiratlorncys, including ihc attonieys' paralegals, clerks,and courl
repoilcrs. slcnographic and word processing personnel. :is nccc.ssai y in cunncclion
with the prosecution or delcnsc ofthis action:

b.

Insurers for the pnilic.s or otherattorneys retained by in.snrers;

c.

Current or tbrinerdirectors, orficers, and employees of the parties as neces.sary to
the pro.>;ceiition or delcn.se of thi.s action;

d

A rea.sonnble number of per.sons retained by the parlle.s as e.xpert consultants or
expert witnesses in the prosecution ordefense ofthisaction; and

e.

The Court.

3.

Rach person who knowingly receives I'ROTECTRD MATERIAL dcsignaicd

pursuant to this Stipulated Protective Order agrees to subject himself or iienself to the jurisdiction
of the Court in which this action is pending for the purpose of any proceeding to enforec

pciTormanee under or compliance with this Stipulated Protective Order, or to address any alleged

violation thereof. Any party to whom PROTECTED MATERIAL is disclosed shall provide al
authorized recipients of PROTECTED MATERIAL with a copy of this Stipulated Protective
Order.

4
Except as provided herein, any person receiving PROTECTED MATERIAL shall
not (a) disclose such PROTECTED MATERIAL, or any part thereof, to any persons to whom
disclosure is not authorized by the terms ofParagraph 2; or (b) make any oilier di.selusure ofsuch
PROTECTED MATERIAL foranypurpose whatsoever.

5.

The recipient of any PROTECTED MATERIAI, that is furnished pursuant to this

Stipulated Protective Order shall maintain the same in a.secure and safe area, and the recipient
shull exci ci.se due and proper care with respect to the storage, custody, use or di.sscmination of all
such PROTECTED MATERIAL to prevent its disclosure toany unauthorized person.

6.

All docinncnts and other information hcrcinaRcr produced by a party which that

party considers to be confidcnlial shall be marked with the notice "PROTECI l-.D MATERIALS

- REED LfflOATION" at the time of production. Neither the existence ul tliis Stipulated
Pmlcctivc Order nor the designation ofany material as PROTECfED MATERIAL shall have any

effect or bearing on whether the information contained therein is. in lact, conlidential, but

documents and information designated PROTECTED MATERIAI. shall be treated consistent with
the terms of this Agreed and .Stipulated Confidentiality and Protective Order unless the Courl
orders otherwise.

7.

'fhc terms ofthis Stipulated Protective Order shall not be consimcd to apply to any

non-protected information which was in the possession of any party prior to the execution ofthis
Stipiihiicd Protective Order; to apply to information which appcms in published patents,
copyrights, printed publieations, or which wa.s. is, or becomes public knowledge, not in violation
ofthis Stipiilnlcd Protective Order.

8.

The inndvcrtcnl production of nny document, inrnmiiilion or thing tinit is not

designated PROTIiCTCD MATERIAL consistent with l*iiragraph 6 shall nni l\v itselfbe deemed
a waiver of the claim of confidentiality by the designating party as to such maricr, and any party
ihcrcartcr may designate the same as PROTEC'fED MATERIAL by circulating properly
designated copies to the authori2cd recipicnt(s) of such matter
9.
At the conclusion of this action, upon written request from the paily that has
disclosed PROTECTED MATERIAL, all PROTECTED MATERIAL (including all copies

thereof and all deposition trrtnscripts and exhibits designated as PROTECTED MATERIAL) shall
beeither: a)returned tothe requesting party; or(b) destroyed, at the option ofthe attorney towhom
the PROTECFED MATERIAL wasproduced. Ifthe materials aredestroyed, theattorney to whom
the PROTECTED MATCRIAI. v^'os produced shall provide the disclosing parly with an affidavit

verifying the destruction of .said materials within thirty (30) days of the conclusion of the action.
The return or destruction of PROTECTED MATERIAL .shall take place no later than thirty (30)

days aficr the iinappeuled orunappealable final judgment orsettlement of this action.
10.

The foregoing provisions of this Stipulated Protective Order shall apply to all

copies and forms of reproduction ofPROTECTED MATERIAI, and all summaries, extracts or
other niatcrial.s prepared from PRO'fKCTED MATERIAL by any person subject to this Order.
11.
This Stipulmcd Protective Order is without prejudice to the right of any party to
seek relief from Ihe Court, upon good cause sltown, from any of the restrictions contained herein.

12.

Any parly may seek to cnfiuce this Stipulated Protective Order by seeking juclieial

relief. Including but not limited to the imposition of sanctions.
13.

ThisStipulated Pioicctive Order may besigned incounterpart.

THE FOREGOING IS STIPULATED AND AGREED.

Joseph A. Gcrling (0()2205tio ^

Geiujd S. Lccscberg (tilionO^S)

Claudia L Spriggs (0074813)

Johh A. Markus (0093736)

LANE ALTON
Two Miranova Place. Suite220

LEESEBERC & VALENTINE
175 S. Third Street, Penthouse One

Columbus, on 43215
Phone: [phone]
Fax:
614-228-0146

Columbus. OH 43215
Phone: [phone]
Fax:
614-221-3106

Email: |;;» ili!)g'ri.l^'"'li"" •'im

i'.nI irlevsCH i"^aleniiiie.ci'iii

!••••• »< fill' '''liMi.yijm

Attorneys for Dcfcndanl Home Depot
US.A. Inc. and The 1loinc Depot

jj

''?iulee' •" i 'Valoiiiiiic.- •

Ailoriicys for PlaintilT Dcanne Reed

Jon:iilinit

Meiutc?.

Daniel A. I.clslcr

David O. Kern
SO Park Drive

Sutler 0'Council

P.O. Box 266

1301 F,. 9'\Street

Thomville, OH 43076

3600 Frieview Tower
Cleveland.OH 44II4

Attorney (or Dd^endant OldCaslle

Email:

.im hh.-,- •< .uiier-liiw.eiim

Email: ill.ern li.iljiiU.'- *.• • com
Lawn and Garden, Inc.

dicisiei f/ .iilicr-law.coi.i

AUorncys For Defendant Premier
Horticulture, Inc.

IT IS SO ORDERED,

Magistrate Judge Terrence P. Kemp

Jonathnn M. Mciuicz
Daniel A. I.cister
SuUcr O'Coiincii

130! l-.9"'Sliecl
3600 Rrlcvicw Tower
Cleveland. OH •I'l 114

limail:

iineiuie/wsimer-law.oini

David O. Kern
80 Pork Drive

P.O. Box 266
'rhortivillc. 01143076

l£mail: rfkem"«sliclKcu.eoin

Auorncy for Defendanl OldCn.s(le
Lawn and Garden. Inc.

dk'i•>1 er»,'s\iuer-lii\\.ei>m

Allorncys Ibr Dclcndaiu Premier
HorliculUiie. Inc.

IT IS SO ORDERKD.

Magistrate Judge Terrencc P. Kemp