McDonald v. Mount Carmel College of Nursing

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 5/16/2017. (ew)

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

LAUREN MCDONALD,
Plaintiff,
v.
MOUNT CARMEL COLLEGE OF
NURSING,
Defendant.

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CASE NO. 2:17-cv-00251
JUDGE GEORGE C. SMITH
MAGISTRATE JUDGE KIMBERLY A.
JOLSON

STIPULATED PROTECTIVE ORDER
Plaintiff Lauren McDonald (“Plaintiff”) and Defendant Mount Carmel College of
Nursing (“Defendant”) by the stipulation of their respective undersigned counsel, have agreed to
the entry of a protective order and to the terms thereof:
IT IS THEREFORE ORDERED that:
1.

For the purpose of this Order, “Confidential Information” shall mean any

document or other information produced by either Plaintiff or Defendant that is marked
“Confidential” and is reasonably and in good faith considered to include student
information and/or personnel, medical, and/or financial records related to any individual,
or proprietary or trade secret information with respect to Defendant.
2.

In the event that either party challenges another party’s confidential

designation, counsel shall make a good faith effort to resolve the dispute in accordance
with Rule 37 of the Federal Rules of Civil Procedure and, absent a resolution, the
challenging party may thereafter seek resolution from the Magistrate Judge. The burden

of proving confidentiality of designated information remains with the party asserting
confidentiality.
3.

Confidential Information shall not be disclosed by any recipient to any

person other than:
(a)

The parties and counsel of record in this case, including in-house and
outside counsel involved in this case and their legal staffs. The parties
agree to limit disclosure of Confidential Information and the information
contained therein to those staff persons necessary to prosecute or defend
this action;

(b)

Experts or consultants retained by counsel for the preparation or trial of
this action;

(c)

Any actual or proposed deponent or witness, only if such information is
necessary to prepare that witness to testify at deposition or trial, or to
question the witness at deposition or trial;

(d)

The District Court Judge and his staff;

(e)

The Magistrate Judge and her staff;

(f)

Any third party who is engaged for the purpose of copying, organizing,
converting, storing, or retrieving documents potentially subject to this
Protective Order (i.e., a copy service); and

(g)

Any videographers and court reporters.

4.

No Confidential Information shall be used by any recipient for any

purpose whatsoever other than for the preparation and trial of this action and any
appellate proceedings relating thereto.

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5.

No person or entity bound by this Order shall disclose any Confidential

Information or discuss its contents except for the purposes stated herein, unless required
to do so by law or compulsory legal process. If a party believes that disclosure of the
other party’s Confidential Information is required by law or public policy, that party shall
challenge the confidentiality designation pursuant to the procedures set forth in
Paragraph 2 of this Order. If a party receives a subpoena or other compulsory legal
process to which the other party’s Confidential Information is responsive, that party shall
notify the party who owns the Confidential Information sufficiently in advance of the
date upon which the disclosure is required to be made so that the party may seek Court
intervention preventing the disclosure. Nothing in this Order shall be construed as
requiring either party or its counsel to violate any law regarding disclosure of
information.
6.

Nothing herein shall be construed as a waiver of the right to object to the

request for any information sought by way of discovery or to the admissibility of any
testimony or evidence where such objections are based on grounds other than the fact that
the testimony or evidence involves Confidential Information.
7.

Nothing contained herein shall affect the rights of either Plaintiff or

Defendant with respect to his or its own documents or information.

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8.

Upon conclusion of the case (including the exhaustion of all appeals) and

upon written request by an opposing party, each party shall return to an opposing party all
originals and all copies of any Confidential Information obtained during the case, or shall
certify that they have been destroyed.
IT IS SO ORDERED.
Date: May 16, 2017

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

Respectfully submitted,

/s/ Patrick M. Quinn (permission to file given)
Rick L. Brunner (0012998), Trial Attorney
Patrick M. Quinn (0081692)
BRUNNER QUINN
35 North Fourth Street, Suite 200
Columbus, OH 43215
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

/s/ M.J. Asensio
M. J. Asensio (0030777), Trial Attorney
Samuel E. Endicott (0094026)
BAKER & HOSTETLER LLP
65 East State Street, Suite 2100
Columbus, Ohio 43215
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff
Lauren McDonald

Attorneys for Defendant Mount Carmel
College of Nursing

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