Raines v. Salo, Inc.

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 6/27/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ANNIE RAINES, on behalf of herself and
others similarly situated,
Plaintiffs,
vs.
SALO, INC. d/b/a INTERIM
HEALTHCARE,

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CASE NO. 2:17-cv-209
JUDGE MICHAEL WATSON

STIPULATED PROTECTIVE ORDER

Defendant.

The parties to this Stipulated Protective Order have agreed to the terms of this Order;
accordingly, it is ORDERED:
1. Scope. All documents produced in the course of discovery, including initial
disclosures, all responses to discovery requests, all deposition testimony and exhibits, all
documents and information obtained from non-parties through subpoena or otherwise, and other
materials which may be subject to restrictions on disclosure for good cause and information
derived directly therefrom (hereinafter collectively “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 the federal courts, this Order shall be strictly construed in
favor of public disclosure and open proceedings wherever possible. The Order is also subject to
the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure
and calculation of time periods.
2. Form and Timing of Designation. A party or non-party producing documents in
response to a subpoena or otherwise 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 CONFIDENTIAL. Any party or non-party
producing documents in response to a subpoena or otherwise 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 or any
exhibit to be designated as CONFIDENTIAL. Thereafter, the deposition transcripts and any of
those portions so designated shall be protected as CONFIDENTIAL, pending objection, under
the terms of this Order.
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 ¶ 5(b) for any purpose whatsoever other than to prepare for and to
conduct discovery and trial in this action, including any appeal thereof.

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(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 in subparagraphs (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 and employees of a party to this Order;
(3) Court Reporters and Recorders. Court reporters and recorders
engaged for depositions;
(4) Consultants, Investigators and Experts. Consultants, investigators,
or experts (hereinafter referred to collectively 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 in Attachment A, Acknowledgment of Understanding and Agreement
to Be Bound; and
(5) Others by Consent. 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. All such persons shall execute the certification contained in
Attachment A, Acknowledgment of Understanding and Agreement to Be Bound.
If the CONFIDENTIAL documents contain 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 the parties may stipulate

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or move for the establishment of an additional category of protection that prohibits
disclosure of such documents or information to subparagraph 2 above, or that limits
disclosure to specifically designated in-house counsel or party representative(s) whose
assistance is reasonably necessary to the conduct of the litigation and who agree to be
bound by the terms of the order.
(c) Control of Documents. Counsel for the parties shall take reasonable and
appropriate measures to prevent unauthorized disclosure of documents designated as
CONFIDENTIAL pursuant to the terms of this Order. Counsel shall maintain the originals
of the forms signed by persons acknowledging their obligations under this Order for a
period of 1 year after dismissal of the action, the entry of final judgment and/or the
conclusion of any appeals arising therefrom.
(d) Copies. Prior to production to another party, all copies, electronic images,
duplicates, extracts, summaries or descriptions (hereinafter referred to collectively 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 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.

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(e) Inadvertent Production. Inadvertent production of any document or
information without a designation of “CONFIDENTIAL” shall be governed by Fed. R.
Evid. 502.
6. Filing of CONFIDENTIAL Documents Under Seal. Unless permitted by statute,
parties cannot file documents under seal without leave of Court. Upon obtaining leave of Court,
litigants must file the documents electronically using the ECF system as provided in S.D. Ohio
Civ. R. 5.1. The Court may strike any document filed under seal if the filing party failed to
obtain leave of Court.
7. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL
designation is subject to challenge by any party or nonparty with standing to object (hereafter
“party”). Before filing any motions or objections to a confidentiality designation with the Court,
the objecting party shall have an obligation to meet and confer in a good faith effort to resolve
the objection by agreement. If agreement is reached confirming or waiving the
CONFIDENTIAL designation as to any documents subject to the objection, the designating
party shall serve on all parties a notice specifying the documents and the nature of the agreement.
8. Action by the Court. Applications to the Court for an order relating to any documents
designated CONFIDENTIAL shall be by motion under Local Rule 7.1 and any other procedures
set forth in the presiding judge’s standing orders or other relevant orders. Nothing in this Order
or any action or agreement of a party under this Order limits the Court’s power to make any
orders that may be appropriate with respect to the use and disclosure of any documents produced
or use in discovery or at trial.
9. Use of Confidential Documents or Information at Trial. All trials are open to the
public. Absent order of the Court, there will be no restrictions on the use of any document that

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may be introduced by any party during the trial. If a party intends to present at trial
CONFIDENTIAL documents or information derived therefrom, such party shall provide
advance notice to the other party at least five (5) days before the 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
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.
10. Obligations on Conclusion of Litigation.
(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 CONFIDENTIAL Documents. Within thirty 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 ¶ 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

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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 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 under seal or otherwise
restricted by the Court as to disclosure.
11. Inadvertent Production of Privileged Documents or Attorney Work Product.
The inadvertent disclosure or production by any party of any document protected by the
attorney-client or other privilege or by the attorney work-product doctrine (“Privileged
Information”) shall not constitute, be construed as, or have the effect of a waiver of such
privilege or protection. Upon discovery of the inadvertent disclosure of any Privileged
Information, the producing party shall promptly notify all receiving parties of the inadvertent
production of any Privileged Information. Any receiving party who has reasonable cause to
believe that it has received Privileged Information shall promptly notify the producing party.
Upon notice or knowledge of the inadvertent production, any receiving party shall immediately
gather and return all copies of the Privileged Information to the producing party. If the parties
cannot agree as to the claim of privilege, either of the parties may move the Court for a
resolution, in which case the receiving party will sequester the information in question pending a
resolution by the Court.
12. Order Subject to Modification. 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 Local Rule 7.1
and the presiding judge’s standing orders or other relevant orders.

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13. 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 herein shall be construed or presented as a judicial determination that any
documents or information designated CONFIDENTIAL by counsel or the parties is subject to
protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such time
as the Court may rule on a specific document or issue.
14. 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: June 27, 2017

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

WE SO STIPULATE and agree to abide by the terms of this Order.

/s/ Hans A. Nilges
Hans A. Nilges (0076017)
Shannon M. Draher (0074304)
NILGES DRAHER, LLC
7266 Portage Street, N.W., Suite D
Massillon, OH 44646
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]

/s/_Douglas M. Kennedy
Douglas M. Kennedy (0022053)
ROETZEL & ANDRESS, LPA
41 S. High Street
Huntington Center, 21st Floor
Columbus, OH 43215
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Paul L. Jackson (0073693)
ROETZEL & ANDRESS, LPA
222 South Main Street
Akron, Ohio 44308
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

Counsel for Plaintiffs

Counsel for Defendant

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ANNIE RAINES, on behalf of herself and
others similarly situated,

)
)
)
)
)
)
)
)
)
)

Plaintiffs,
vs.
SALO, INC. d/b/a INTERIM
HEALTHCARE,

CASE NO. 2:17-cv-209
JUDGE MICHAEL WATSON

ACKNOWLEDGEMENT AND
AGREEMENT TO BE BOUND

Defendant.
The undersigned hereby acknowledges that he/she has read the Amended Stipulated
Protective Order (“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 above-captioned 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: __________________________
Date: _______________________
Employer:____________________________ Job Title: _______________________________
Business Address: ______________________________________________________________
_______________________________________________________________
Signature: ____________________________________
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