Irizarry v. Ring et al

Filing 17

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Kimberly A. Jolson on 11/22/2017. (ew)

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

JOSE IRIZARRY,

Case No. 2:17-CV-0744

Plaintiff,

Judge Michael H. Watson

v.
Magistrate Judge Kimberly A. Jolson
LIEUTENANT RING, et al.,
Defendants.

STIPULATED PROTECTIVE
ORDER

On behalf of their respective parties, undersigned counsels hereby stipulate, agree and
move the Court to enter into the following protective order governing the use of confidential
information (“Stipulated Protective Order”). The Order is made pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure to limit the disclosure of produced and discovered information,
for the protection of third parties and to preserve confidentiality of certain matters. The parties
agree to be bound by the terms and restrictions of this Stipulated Protective Order limiting the
use of such information as hereinafter provided from the date that each party signs this order.
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
- 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.

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3.Documents Which May be Designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER. Any party may designate any document 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, non-public Ohio Department of Rehabilitation and Correction policies
and procedures, or such other sensitive 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.
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 or 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 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 - 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 failure to designate any information
pursuant to this Stipulated Protective Order shall not constitute a waiver of any
otherwise valid claim for protection. In the event of an inadvertent disclosure of
Confidential information without proper designation, the producing party shall
inform the receiving party of the error. Upon discovery of the inadvertent
disclosure of Confidential information, the producing party shall provide within
five (5) business days a properly designated set of such Confidential Information
to the receiving party. The receiving party shall destroy copies of the improperly
designated documents and certify such destruction to the producing party.
Inadvertent production of any document or information without a designation of
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall otherwise be
governed by Fed. R. Evid. 502, and the applicable Federal Rules of Civil
Procedure.
6.Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Documents
Under Seal. The Court highly discourages the manual filing of any pleadings or documents
under seal. To the extent that a brief, memorandum or pleading references any document marked
as CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER, then the brief, memorandum or
pleading shall refer the Court to the particular exhibit filed under seal without disclosing the
contents of any confidential information.

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(a) Before any document marked as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER is filed under seal with the Clerk, the filing party shall
first consult with the party that originally designated the document as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER to determine whether,
with the consent of that party, the document or a redacted version of the document
may be filed with the Court not under seal.
(b) Where agreement is not possible or adequate, to the extent that it is necessary for
a party to discuss the contents of any confidential information in a written
pleading, then such portion of the pleading may be filed under seal with leave of
Court.
(c) In such circumstances, counsel shall prepare two versions of the pleadings, a
public and a confidential version. The public version shall contain a redaction of
references to CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
documents. The confidential version shall be a full and complete version of the
pleading.
(d) The parties shall follow the Court’s or Clerk of Court’s electronic filing method
for documents to be filed under seal and shall not file any confidential documents
or pleadings manually with the Clerk of Court.
(e) The confidential version shall be filed with the Clerk under seal as above. A copy
of the unredacted, confidential version also shall be delivered to the judicial
officer’s chambers and to opposing counsel. The public version shall be filed on
the public docket.
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. If counsel for the
parties cannot resolve such a dispute extra-judicially, then the procedures set forth in Fed. R.
Civ. P. 26(c) shall be followed by the party asserting confidentiality.
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
any 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 should be construed
as an attempt to limit 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. The
Undersigned specifically agree that this Stipulated Protective Order shall not prejudice the right
of any party or non-party to move for a separate protective order or other discovery order as to

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any such particular document or information, to seek exemptions or restrictions differing from
those specified herein, or to challenge the status of any information as being protected by Fed.
Civ. R. 26(c), regardless of its designation as Confidential Information by a producing party.
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 on whichever date comes
earlier: at least (5) days before the commencement of trial, or on the deadline for exchanging
trial exhibits. The notice shall identify 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.
In response to any such notification, a party’s objection to the use of CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER documents or information at trial shall request a meeting
to confer in a good faith effort to resolve the objection by agreement. If agreement cannot be
reached, the objecting party may file a motion with the Court.
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 sixty 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 return or destroy documents, counsel
may retain attorney work product, including an 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.
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

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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.
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 22, 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.

Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s/ Jacqueline C. Greene
JACQUELINE C. GREENE (0092733)
SARAH GELSOMINO (0084340)
TERRY H. GILBERT (0021948)
FRIEDMAN & GILBERT
55 Public Square, Suite 1055
Cleveland, OH 44113-1901
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

/s/ Zachary R. Huffman (per e-mail consent)
ZACHARY R. HUFFMAN (0085391)
ZOE A. SAADEY (0089181)
Assistant Attorneys General
Criminal Justice Section, Corrections Unit
150 East Gay Street, 16th Floor
Columbus, Ohio 43215
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Counsel for Plaintiff Jose Irizarry

Counsel for Defendants Ring and Wysocki

Date: November 21, 2017

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CERTIFICATE OF SERVICE
I hereby certify that on November 21, 2017, a copy of the foregoing was filed
electronically. Notice of this filing will be sent to all registered parties by operation of the
Court’s electronic filing system. Parties may access this filing through the Court’s system.
/s/ Jacqueline C. Greene
JACQUELINE C. GREENE (0092733)
One of the Attorneys for Plaintiff

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ATTACHMENT A

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

JOSE IRIZARRY,

Case No. 2:17-CV-0744

Plaintiff,

Judge Michael H. Watson

v.
Magistrate Judge Kimberly A. Jolson
LIEUTENANT RING, et al.,
Defendants.

ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the 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 SUBJECT TO PROTECTIVE ORDER 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:
Job Title:
Employer:
Business Address:

Date:

Signature:

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