Easter v. Beacon Tri-State Staffing, Inc. et al

Filing 13

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 5/24/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRIAN EASTER,
PLAINTIFF,
v.

CASE NO. 2:17-cv-00197-ALM-KAJ
JUDGE ALGENON L. MARBLEY

BEACON TRI-STATE STAFFING, INC., et
al.,

MAGISTRATE JUDGE JOLSON

DEFENDANTS.

STIPULATED PROTECTIVE ORDER
IT IS ORDERED that this Stipulated Protective Order shall govern the above-captioned
case as follows:

1.

Scope.

All documents produced in the course of discovery, including all

responses to discovery requests, all deposition testimony and exhibits, and all other materials
which may be subject to restrictions on disclosure for good cause and information derived
directly therefrom (all such materials are collectively referred to as “Documents”), shall be
subject to this Order concerning confidential information as set forth below. As there is a
presumption in favor of open and public judicial proceedings in federal courts, this Order shall
be strictly construed in favor of public disclosure and open proceedings wherever possible. This
Order supplements the Federal Rules of Civil Procedure, the Local Rules of this Court, and any
other orders of this Court. Unless explicitly stated in this Order, nothing displaces any part of
these aforementioned rules or orders.

2.

Form and Timing of Designation.

A party may designate Documents as

confidential and restricted in disclosure under this Order by placing or affixing the words

“CONFIDENTIAL” on the Document in a manner that will not interfere with the legibility of the
Document and that will permit complete removal of the CONFIDENTIAL designation.
Documents shall be designated CONFIDENTIAL prior to or at the time of the production or
disclosure of the Documents. The designation “CONFIDENTIAL” does not mean that the
Document has any status or protection by statute or otherwise except to the extent and for the
purposes of this Order.

3.

Documents Which May be Designated. Any party may designate Documents as

CONFIDENTIAL upon making a good faith determination that the Documents contain
information protected from disclosure by statute or that should be protected from disclosure as
confidential personal information, medical or psychiatric information, trade secrets, personnel
records, or such other sensitive commercial information that is not publicly available. Public
records and other information or Documents that are publicly available may not be designated as
CONFIDENTIAL.

4.

Depositions. Deposition testimony shall be deemed CONFIDENTIAL only if

designated as such. Such designation shall be specific as to the portions of the transcript (i.e.,
pages and lines) or to any exhibit to be designated as CONFIDENTIAL. A party wishing to
designate any portion of a deposition transcript or any portion of a deposition exhibit as
CONFIDENTIAL shall serve its designations upon all other parties within thirty (30) days after
receiving the transcript of the deposition. Thereafter, the deposition transcripts and any those
portions so designated shall be protected as CONFIDENTIAL, pending objection, under the
terms of this Order.

2

5.

Protection of Confidential Material.
a.

General Protections. Documents designated CONFIDENTIAL under this

Order shall not be used or disclosed by the parties, counsel for the parties, or any other
persons identified in Section 5(b) for any purpose whatsoever other than to prepare for
and to conduct discovery and trial in this action, including any appeal.
b.

Limited Third-Party Disclosures. The parties and counsel for the parties

shall not disclose or permit the disclosure of any CONFIDENTIAL Documents to any
third person or entity except as set forth below in subsections (1)-(5). Subject to these
requirements, the following categories of persons may be allowed to review Documents
that have been designated CONFIDENTIAL:
(1)

Counsel. Counsel for the parties and employees and agents of

counsel who have responsibility for the preparation and trial of the action.
(2)

Parties. Parties to this Order and, in the case of a corporation or

other business entity, any employees of the corporation or other business entity by
written consent of the producing party, but only after such employees of the
corporation or other business entity have completed the certification contained in
Attachment A, Acknowledgment of Understanding and Agreement to Be Bound.
(3)

Court Reporters and Recorders.

Court reporters and recorders

engaged for depositions.
(4)

Consultants, Investigators and Experts. Consultants, investigators,

or experts (collectively referred to as “Experts”) employed by the parties or
counsel for the parties to assist in the preparation and trial of this action or
proceeding, but only after such persons have completed the certification contained

3

in Attachment A, Acknowledgment of Understanding and Agreement to Be
Bound.
(5)

Others by Consent. Other persons only by written consent of the

producing party or upon order of the Court for good cause shown. All such
persons

shall

execute

the

certification

contained

in

Attachment

A,

Acknowledgment of Understanding and Agreement to Be Bound.
c.

Attorneys’

Eyes

Only.

If

there

are

Documents

designated

CONFIDENTIAL that contain medical or psychiatric information, highly sensitive trade
secrets, or other highly sensitive competitive or confidential information and disclosure to
another party would result in demonstrable harm to the disclosing party, then those
Documents may also be designated “ATTORNEYS’ EYES ONLY,” at which point they
may only be viewed by the persons listed in Sections 5(b)(1), (3), (4), and (5).
d.

Control of Documents. Counsel for the parties shall take reasonable and

appropriate measures to prevent unauthorized disclosure of Documents designated as
CONFIDENTIAL. Counsel shall maintain the originals of the forms signed by persons
acknowledging their obligations under this Order for a period of one (1) year after
dismissal of the action, the entry of final judgment, and/or the conclusion of any appeals
arising therefrom.
e.

Copies. Prior to production to another party, all copies, electronic images,

duplicates, extracts, summaries or descriptions (collectively referred to as “Copies”) of
Documents designated as CONFIDENTIAL under this Order, or any individual portion
of such a document, shall be affixed with the designation CONFIDENTIAL if the word
does not already appear on the copy. All such Copies shall thereafter be entitled to the

4

protection of this Order. The term “Copies” shall not include indices, electronic
databases, or lists of Documents provided these indices, electronic databases, or lists do
not contain substantial portions or images of the text of confidential Documents or
otherwise disclose the substance of the confidential information contained in those
Documents.

6.

Filing Documents Under Seal. Any party wishing to file under seal a Document

that has been designated CONFIDENTIAL must comply with Section XI.A the Court’s 6th Civil
Amended

Administrative

Order

(the

“Administrative

Order”). Consistent

with

the

Administrative Order, no document may be filed under seal except as permitted by a specific
order of the Court on a motion or stipulation that sufficiently demonstrates the specific
justification for filing the particular Document under seal.

7.

Use of Confidential Documents or Information at Trial or any Hearing. All trials

and hearings are open to the public. Absent order of the Court, there will be no restrictions on
the use of any Document that may be introduced by any party during the trial or at any hearing.
If a party intends to present at trial CONFIDENTIAL Documents or information derived
therefrom, such party shall file with the Clerk a notice, at least five (5) days before the
commencement of trial or hearing, that identifies the Documents or information at issue as
specifically as possible (i.e., by Bates number, page range, deposition transcript lines, etc.)
without divulging the actual CONFIDENTIAL Documents or information. The Court may
thereafter make such orders as are necessary to govern the use of such Documents or information
at trial or at hearing.

8.

Obligations on Conclusion of Litigation. The parties are bound by the following

obligations upon the conclusion of this action:

5

a.

Order Remains in Effect. Unless otherwise agreed or ordered, this Order

shall remain in force after dismissal or entry of final judgment not subject to further
appeal.
b.

Return of Designated Documents. Within thirty (30) days after dismissal

or entry of final judgment not subject to further appeal, all Documents treated as
CONFIDENTIAL under this Order, including Copies as defined in Section 5(d), shall be
returned to the producing party unless: (1) the Document has been offered into evidence
or filed without restriction as to disclosure; (2) the parties agree to destruction in lieu of
return; or (3) as to Documents bearing the notations, summations, or other mental
impressions of the receiving party, that party elects to destroy the Documents and
certifies to the producing party that it has done so. Notwithstanding the above
requirements to return or destroy Documents, counsel may retain attorney work product,
including an index which refers or relates to information designated CONFIDENTIAL,
so long as that work product does not duplicate verbatim substantial portions of the text
or images of confidential Documents. This work product shall continue to be
CONFIDENTIAL under this Order. An attorney may use his or her work product in a
subsequent litigation provided that its use does not disclose or use CONFIDENTIAL
Documents.
c.

Return of Designated Documents Filed under Seal.

After dismissal or

entry of final judgment not subject to further appeal, the Clerk may elect to return to
counsel for the parties or, after notice, destroy Documents filed or offered at trial or
hearing under seal or otherwise restricted by the Court as to disclosure.

6

9.

Dispute Resolution. Any CONFIDENTIAL designation is subject to challenge by

any party or non-party with standing to object. Before filing a motion with the Court disputing a
designation, the objecting party has an obligation to meet and confer in good faith to try to
resolve the dispute by agreement. If agreement is reached confirming or waiving a designation,
the designating party shall serve on all parties a notice specifying the documents and the nature
of the agreement.

10.

Objections Preserved. By agreeing to this Order, the parties do not waive any

objections as to the production, discoverability, authenticity, admissibility, or confidentiality of
Documents.

11.

Cooperation.

The parties agree to act cooperatively and meet and confer

regarding any issues arising under or related to this Order.

12.

Procedure and Time Periods. This Order is also subject to the Local Rules of this

Court and the Federal Rules of Civil Procedure on matters of procedure and calculation of time
periods.

13.

Modifications. Any term of this Order may be varied by agreement of the parties

or nonparties, confirmed in writing; by the Court for good cause shown; or by the Court on its
own motion.

14.

No Prior Judicial Determination.

This Order is entered based on the

representations and agreements of the parties and for the purpose of facilitating discovery.
Nothing in this Order shall be construed or presented as a judicial determination on any
discovery disputes, including without limitation that any Documents or information designated
by counsel or the parties is subject to protection under Rule 26(c) of the Federal Rules of Civil
Procedure, until such time as the Court has ruled on a specific discovery dispute or designation.

7

15.

Persons Bound. This Order shall take effect when entered and shall be binding

upon all counsel and their law firms, the parties, and persons made subject to this Order by its
terms.
IT IS SO ORDERED.

Date: May 24, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

8

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRIAN EASTER,
PLAINTIFF,
v.

CASE NO. 2:17-cv-00197-ALM-KAJ
JUDGE ALGENON L. MARBLEY

BEACON TRI-STATE STAFFING, INC., et
al.,

MAGISTRATE JUDGE JOLSON

DEFENDANTS.

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY
THE STIPULATED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has read the Protective Order dated
in the above-captioned action and attached hereto, understands the terms
thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the
United States District Court for the Southern District of Ohio in matters relating to the Protective
Order and understands that the terms of the Protective Order obligate him/her to use documents
designated CONFIDENTIAL in accordance with the Order solely for the purposes of the abovecaptioned action, and not to disclose any such documents or information derived directly
therefrom to any other person, firm or concern
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Name:
Address:
Date:
Signature: