MPW Industrial Services, Inc. v. ESM Group, Inc.

Filing 12

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 10/5/2017. (ew)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
MPW Industrial Services, Inc.
9711 Lancaster Road SE
Hebron, Ohio 43025
Plaintiff,
v.
ESM Group Inc.
c/o Statutory Agent
CT Corporation System
4400 Easton Commons Way
Suite 125
Columbus, Ohio 43219
Defendant.

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CASE NO. 2:17-cv-00594-MHW-KAJ

Judge: Michael Watson
Magistrate Judge: Kimberly A. Jolson

STIPULATED PROTECTIVE ORDER
The parties have moved the Court to enter into the following protective order (“Stipulated
Order”) for the protection of Confidential Information pursuant to Rule 26(c) of the Federal Rules
of Civil Procedure. The parties hereby stipulate and agree that:
1.

This Stipulated Protective Order governs all documents and/or electronic data

marked “Confidential” that are produced by any of the parties during the proceedings in this action.
2.

The parties may designate, as “Confidential”, any documents either party deems

deserving of the protections of this order, including, but not limited to, all documents relating to or
containing personal, financial and/or proprietary information including but not limited to lists of
names, files and non-public personnel information concerning Defendant’s current and former
employees, medical, family medical and personal financial and tax information of any person,
financial records of Defendant, proprietary information related to contracts, vendor agreements,

licenses and/or labor tracking systems and any materials provided to Defendant by non-parties to
this action which have been designated by those non-parties as confidential and/or proprietary.
3.

All documents designated as “Confidential” and all information derived therefrom

shall be referred to in this Stipulated Protective Order as "Confidential Discovery Material" and
shall be handled in strict accordance with the terms of this Confidentiality Agreement and Protective
Order.
3.

Documents and other written discovery responses shall be designated Confidential

Discovery Material by marking or stamping them "Confidential."
a.

With respect to electronically produced data which contains “Confidential

Discovery Material”, the designation must be made in the name of the electronic file containing the
data and on the face of the electronic image displaying the data.
b.

With respect to oral deposition testimony relating to “Confidential

Discovery Material”, either party may designate portions of the testimony as “Confidential” by
making a statement to that effect on the record during the deposition or by notifying all parties in
writing within thirty (30) days of receipt of the transcript.
4.

Confidential Discovery Material shall be used only for the prosecution and/or

defense of this action or any appeal therefrom, and not for any business or other purpose
whatsoever.
5.

Confidential Discovery Material may be disclosed only to:
a.

The attorneys of record in this action and their legal support staff; Experts

and/or consultants retained by the attorneys of record and their support staff;
b.

The court and its support staff;

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c.

Witnesses in preparation for or at deposition or trial, however no witness

shall be permitted to retain “Confidential” documents or copies thereof;
d.
6.

Other persons only upon written agreement of all parties in this action.

Any person given access to Confidential Discovery Material pursuant to Paragraph

5 of this Stipulated Protective Order shall be advised by counsel that the documents are being
disclosed pursuant and subject to the terms of this Stipulated Protective Order and may not be
disclosed other than pursuant to the terms thereof.
7.

Any party who wishes to file a motion or other document disclosing or attaching

Confidential Discovery Material shall file a motion seeking leave to file the Confidential Discovery
Material under seal and shall tender the Confidential Discovery Material to the Court in camera
together with the motion for leave and a proposed order permitting the materials to be filed under
seal.
8.

Inadvertent production of any information, document or thing without it being

marked "Confidential" shall not itself be deemed a waiver of any claim or confidentiality as to such
matter, and the same may therefore be designated as "Confidential."
9.

After the termination of this proceeding, this Stipulated Protective Order shall

continue to be binding upon the parties hereto, their counsel and upon all persons to whom
Confidential Discovery Material has been disclosed or communicated, and this Court shall retain
jurisdiction for enforcement of its provisions. Upon termination of this litigation whether by final
judgment, appeal or settlement, each party or other person subject to the terms hereof shall, at the
written request of the producing party, assemble and return to the originating source all materials
and documents designated “Confidential.” Notwithstanding the foregoing, the attorneys of record
may retain all correspondence, depositions, pleadings, briefs, memoranda, motions and other

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documents containing attorney-client privileged materials and/or attorney work product that refers
to or incorporates “Confidential” information or documents.
10.

If either party disputes the other party’s designation of a document as

“Confidential”, the objecting party must meet and confer with the producing party prior to seeking
the Court’s involvement. If the parties cannot reach agreement, the objecting party may petition the
Court for removal of the “Confidential” designation no later than fourteen (14) days after conferring
telephonically or in person. The burden of proof regarding the confidentiality of the document
resides with the party asserting confidentiality. Until the Court rules on such motion, documents
designated “Confidential” remain protected under the terms of this Order.
IT IS SO ORDERED.

Date: October 5, 2017

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

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Approved and agreed to by:

/s/ Meghan E. Hill
Meghan E. Hill (0078183)
Kimberly Gramke Bedzyk (0046522)
SQUIRE PATTON BOGGS (US) LLP
2000 Huntington Center
41 South High Street
Columbus, Ohio 43215
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff MPW Industrial Services, Inc.

/s/ Michael Chapman-/per email authority of
Peter Ney (0039284)
Michael J. Chapman (0076057)
Rendigs, Fry, Kiely & Dennis, LLP
600 Vine Street, Suite 2650
Cincinnati, Ohio 45202
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant, ESM Group Inc.

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Exhibit A
Confidentiality Declaration
I hereby declare that I am to receive documents or information designated as
“CONFIDENTIAL” pursuant to the terms of the Stipulated Protective Order entered in the case
styled MPW Industrial Services, Inc. v. ESM Group Inc., Case No. 2:17-cv-00594 (S.D. Ohio). I
further declare that I have read a copy of the Stipulated Protective Order and agree to be bound by
all of its terms. If I am signing on behalf of a Party or entity that is not an individual, I declare that
I have authority to bind such Party or entity to the terms of the Stipulated Protective Order and that
such Party’s or entity’s employees also shall be bound by all of its terms. I specifically acknowledge
the obligation to protect, and to return or destroy all “Confidential” documents or information in
accordance with the Order, and I hereby submit to the jurisdiction of the United States District Court
for the Southern District of Ohio for the purpose of any proceeding to enforce the terms of this
Order.
I declare under penalty of perjury that the foregoing is true and correct.

Date Signed

Declarant’s Signature

Printed Name