Grace v. City of Lancaster, et al

Filing 27

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 11/13/2017. (ew)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ELIZABETH GRACE,

) CASE NO. 2:17-cv-00522
)
Plaintiff,
) JUDGE SMITH
)
v.
) MAGISTRATE JUDGE JOLSON
)
CITY OF LANCASTER DEPARTMENT
) STIPULATED PROTECTIVE ORDER
OF TRANSPORTATION, et al.,
)
)
Defendants.
)
)
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Elizabeth Grace
(“Grace”) and Defendants City of Lancaster, Joe Azbell, and Greg Hintz (collectively,
“Defendants”), subject to approval by the Court, have agreed to the terms of this Stipulated
Protective 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, 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 may designate documents as confidential
and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL

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- SUBJECT TO PROTECTIVE ORDER” 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 - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of
the production or disclosure of the documents. The designation “CONFIDENTIAL – SUBJECT
TO PROTECTIVE ORDER” 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 - SUBJECT TO
PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER.
4. Depositions. Deposition testimony shall be deemed CONFIDENTIAL – SUBJECT
TO PROTECTIVE ORDER 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 – SUBJECT
TO PROTECTIVE ORDER. Thereafter, the deposition transcripts and any those portions so
designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER,
pending objection, under the terms of this Order.

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5. Protection of Confidential Material.
(a) General Protections. Documents designated CONFIDENTIAL -SUBJECT
TO PROTECTIVE ORDER 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.
(b) Limited Third-Party Disclosures. The parties and counsel for the parties
shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER 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 SUBJECT TO PROTECTIVE ORDER:
(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

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(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

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ordered. All such persons shall execute the certification contained in Attachment
A, Acknowledgment of Understanding and Agreement to Be Bound.
(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 one 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 - SUBJECT TO PROTECTIVE
ORDER under this Order, or any individual portion of such a document, shall be affixed
with the designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” 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.
(e) Inadvertent Production. Inadvertent production of any document or
information without a designation of “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” shall be governed by Fed. R. Evid. 502. information without a designation of

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“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall also be governed by
Fed. R. Evid. 502.
6. Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Documents
Under Seal. Pursuant to S.D. Ohio Civ. R. 5.2.1, unless permitted by statute, the parties cannot
file documents under seal without leave of Court. Upon obtaining leave of the Court, the parties
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 SUBJECT TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER
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 - SUBJECT TO PROTECTIVE ORDER shall be by motion under
the Local Rules 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.

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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
may be introduced by any party during the trial. If a party intends to present at trial
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or information derived
therefrom, such party shall provide advance notice to the other party at least five 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 - SUBJECT TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER
Documents. Within thirty days after dismissal or entry of final judgment not subject to
further appeal, all documents treated as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER 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

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return or destroy documents, counsel may retain attorney work product, including an
index which index which refers or relates to information designated CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER, 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 - SUBJECT TO PROTECTIVE ORDER
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 - SUBJECT TO
PROTECTIVE ORDER 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. 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.
12. 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 - SUBJECT TO PROTECTIVE ORDER 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.

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13. 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: November 13, 2017

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

WE SO STIPULATE and agreed to abide by the terms of this Order:
Respectfully submitted,
/s/ Braden A. Blumenstiel , per consent
BRADEN A. BLUMENSTIEL (0078254)
DuPont and Blumenstiel, LLC
655 Metro Pl. S.
Suite 440
Dublin, Ohio 44017
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

/s/ Karina R. Kendrick
WILLIAM J. O’NEILL (0029936)
(Trial Attorney)
KARINA R. KENDRICK (0093906)
McDonald Hopkins LLC
600 Superior Avenue, East, Suite 2100
Cleveland, Ohio 44114
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]

Counsel for Plaintiff
Elizabeth Grace

RANDALL T. ULLOM (0072561)
Law Director & City Prosecutor
City of Lancaster, Ohio
136 West Main Street
P.O. Box 1008
Lancaster, Ohio 43130
Telephone: [phone] ext. 3010
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants City of Lancaster,
Joe Azbell and Greg Hintz

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Certificate of Service
The undersigned hereby certifies that on November 10, 2017, a true and accurate copy of
the foregoing Stipulated Protective Order was filed electronically. Notice of this filing will be
sent to all parties by operation of the Court’s electronic filing system. Parties may access this
filing through the Court’s system.
/s/ Karina R. Kendrick
KARINA R. KENDRICK (0093906)
Counsel for Defendants City of
Lancaster Department of Transportation,
Joe Azbell and Greg Hintz

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