Reed v. Home Depot USA Inc, et al

Filing 27


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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the pendency of the action and following its termination, or until this Stipulated Protective Order is amended or superseded; i f IS I lEREUY STIPUl.ATED AND AGREED D Y THE PARTIES, thi.s Honorable Court consenting, that: 1.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 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 and safe area, and the recipient shull exci 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: 614-228-6885 Fax: 614-228-0146 Columbus. OH 43215 Phone: 614-221-2223 Fax: 614-221-3106 Email: |;;» ili!)g'ri.l^'"'li"" •'im i'.nI irlevsCH i"^'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

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