Edwards v. Matthews et al

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 5/30/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JAMES EDWARDS,
Plaintiff,
Civil Action 2:17-cv-236
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Jolson

v.
CRAIG ALAN MATTHEWS, et al.,
Defendants.

STIPULATED PROTECTIVE ORDER
This stipulated protected order covers all medical records, including psychological and
psychiatric records of James Edwards and each individual defendant which have been or will be
produced or obtained in discovery in this case. These records shall be subject to discovery
between and among the parties but shall otherwise be kept confidential.
These confidential medical records shall be held strictly confidential by counsel for each
party and may only be disclosed to counsel for each party, the parties, and expert witnesses who
need access to the material. None of the documents covered by this protective order may be
disclosed to any other person, or member of the public.

If any document subject to this

protective order is produced, copied, used in a deposition, or at trial, it shall be marked
prominently with the word “CONFIDENTIAL.”
Any “CONFIDENTIAL” designation is subject to challenge by any party or non-party
with standing to object. 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.
Before a party files any document subject to this order or uses it at trial or in any other
way so as to make it a potentially public record, the party shall either move to file the document
“under seal” with prior permission of the Court, or give seven days’ notice to all other parties of
their intent to make the document public so another party may file a motion to seal the document.
This Protective Order does not authorize filing protected materials under seal.

No

document may be filed with the Court under seal without prior permission as to each such filing,
upon motion and for good cause shown, including the legal basis for filing under seal. See
Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996).
At the conclusion of the litigation, all written materials, including copies made thereof,
subject to this protective order shall be returned to counsel who produced the materials.
IT IS SO ORDERED.

Date: May 30, 2017

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

Agreed to by:
s/ Adam G. Gerhardstein
Alphonse A. Gerhardstein (0032053)
Adam G. Gerhardstein (0091738)
Attorney for Plaintiffs
Gerhardstein & Branch, Co LPA
441 Vine Street, Suite 3400
Cincinnati, Ohio 45202
[phone]
Fax [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff

s/ Andrew N. Yosowitz
Andrew N. Yosowitz (0075306)
[e-mail]
Isaac, Wiles, Burkholder & Teetor, LLC
2 Miranova Place, Suite 700
Columbus, Ohio 43215
Tel: [phone]; Fax: [phone]
Attorney for Defendants

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