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

Filing 19

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 9/6/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Brian Easter,
Plaintiff,
v.
Beacon Tri-State Staffing, Inc., et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 2:17-cv-00197-ALM-KAJ
JUDGE MARBLEY
MAGISTRATE JUDGE JOLSON

STIPULATED PROTECTIVE ORDER
Plaintiff, Brian Easter, issued a subpoena to the Ohio Department of Job & Family
Services (ODJFS) for the production of documents concerning the unemployment file of Plaintiff
relating to his employment with Defendant. ODJFS agrees to produce the requested information
as Confidential per the terms of this Order, only to the extent it exists, and only to the extent
Plaintiff personally provided the information to the ODJFS Office of Unemployment Insurance
Operations as part of his unemployment claim, at the time of his separation from Defendant.
Pursuant to Freed v. Grand Court Lifestyles, Inc., 100 F.Supp.2d 610 (S.D. Ohio 1998), the
parties agree that ODJFS can produce the documents as Confidential.
Accordingly, it is so ORDERED.
That the produced documents be marked “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER.”
That such information and documents be considered confidential, and shall be disclosed
under seal, subject to inspection only by:
1.
2.
3.
4.

The parties to this litigation and their agents;
Counsel for the parties to this litigation, including their support staffs;
The Court and its support staff;
Court reporters and recorders engaged in this action;

5.
6.

Consultants, investigators, or experts employed by the parties or counsel for the
parties to assist in the preparation and trial of this action; and
Other persons only by written consent of the producing party or upon order of the
Court and on such conditions as may be agreed or ordered.
Counsel for the parties shall take reasonable and appropriate measures to prevent

unauthorized disclosure of documents pursuant to the terms of this Order.
If a party wishes to file any of the documents pursuant to the terms of this with the Court,
the party must first seek leave from the Court to file the documents under seal and must file such
documents in accordance with S.D. Ohio Civ. R. 5.2.1. If the Court grants the motion for leave
to file under seal, the documents shall be filed with the Clerk of Court under seal. If the Court
denies the motion for leave to file under seal, the Court may order that the documents be filed on
the public record (i.e., the Court finds the document, testimony, or information at issue is not
Confidential) or that the Confidential Information be returned to the moving party and not be
made publicly available (i.e., the Court finds the document, testimony, or information at issue is
Confidential but that the motion for leave was improper or deficient).
If a party intends to present at trial any of the documents pursuant to the terms of this
Order, then such party shall provide advance notice to the other party at least five (5) days before
commencement of trial by identifying 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 documents or information. The Court may, thereafter, make such orders as necessary
to govern the use of such documents or information at trial.
This Order shall be subject to modification by the Court on its own motion or on motion
of a party or any other person with standing concerning the subject matter. Motions to modify
this Order shall be served and filed under S. D. Ohio Civ. Rule 7.2.

2

This Order is entered based on the representations and agreements between ODJFS and
the Plaintiff for the purpose of facilitating discovery.
IT IS SO ORDERED.
Date: September 6, 2017

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

AGREED AND SUBMITTED BY:
/s/ Jerry S. Sallee
Jerry S. Sallee
Dinsmore & Shohl
255 East Fifth Street, Suite 1900
Cincinnati, Ohio 45202
513.977.8378 Phone
513.977.8141 Fax
[e-mail]

/s/ Jason E. Starling
Jason E. Starling
Willis+Willis Attorneys Co., LPA
4635 Trueman Blvd., Suite 200
Hilliard, Ohio 43026
614.586.7900 Phone
614.586.7901 Fax
[e-mail]

Attorneys for Defendant Beacon
Tri-State Staffing, Inc.

Attorneys for Plaintiff Brian Easter

/s/ Kevin J. Plagens
Kevin J. Plagens
Kopka, Pinkus, Dolin P.C.
32605 W. Twelve Mile Road, Suite 300
Farmington Hills, Michigan 48334
248.324.2620 Phone
248.324.2610 Fax
[e-mail]

/s/ Patria V. Hoskins
Patria V. Hoskins
Assistant Attorney General
Health and Human Services Section
Office of the Attorney General of Ohio
30 E. Broad Street, 26th Floor
Columbus, Ohio 43215-3400
614.752.5585 Phone
866.490.2751 Fax
[e-mail]

Attorneys for Defendant C*MAC
Transportation, LLC

Attorney for ODJFS

3