Columbia Gas Transmission, LLC v. Wharton et al
Filing
54
SECOND AMENDED PROTECTIVE ORDER PURSUANT TO FEDERAL RULE CIVILPROCEDURE 26(c). Signed by Magistrate Judge Chelsey M. Vascura on 2/6/2018. (kpt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
COLUMBIA GAS TRANSMISSION, LLC, )
)
Plaintiff,
)
)
v.
)
)
35.635 ACRES OF LAND, MORE OR
)
LESS, IN FAIRFIELD AND FRANKLIN )
COUNTIES, OHIO; STEVEN A. AND
)
SUSAN M. WHARTON, et al.,
)
)
Defendants.
)
)
Case No.: 2:17-cv-01048
Judge Michael H. Watson
Magistrate Judge Chelsey M. Vascura
SECOND AMENDED PROTECTIVE ORDER PURSUANT TO FEDERAL RULE CIVIL
PROCEDURE 26(c)
Upon stipulation of Plaintiff Columbia Gas Transmission, LLC (“Plaintiff”) and
Defendants Richard L. Paulus and Susan E. Paulus, Trustees (“Defendants R. Paulus and S.
Paulus’”) (separately referred to herein as "Party" and collectively as , the “Parties”) and it
appearing to the Court that there is good cause to enter an appropriate Protective Order pursuant
to Federal Rule of Civil Procedure 26(c) (“Protective Order”) to protect confidential information
and materials which may be made available to the Parties for purposes of the upcoming
Preliminary Injunction Hearing set for February 6, 2018 at 1:00 p.m. in Courtroom 3 before
Judge Michael H. Watson, it is hereby ordered that the following principles and procedures shall
govern such discovery:
1.
Scope. This Protective Order shall govern the handling of all documents
produced by the Parties, including, but not limited to, those produced by Plaintiff in response to
Defendants R. Paulus and S. Paulus’ interrogatories and requests for production, dated January
18, 2018 (collectively, “Discovery Material”). This Protective Order is binding upon the Parties
hereto, their agents and employees, all counsel for the Parties and their agents and employees,
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and all persons to whom disclosure of Confidential Discovery Material pursuant to the terms
hereof is made. The term “document” or “documents” is used with the broadest meaning
possible, and includes but is not limited to those materials included in the definition of
“documents” in Federal Rule of Civil Procedure Rule 34.
2.
Confidential Discovery Material. The Parties may designate as “Case
Confidential” any Discovery Material containing trade secrets, proprietary or other confidential
commercial, business, or financial information, or other information of a personal or non-public
nature (“Confidential Discovery Material”).
3.
Procedure for designation. Confidential Discovery Material may be
designated as “Case Confidential” as follows:
(a) In the case of documents or other materials, designation shall be made
by the Party producing such Confidential Discovery Material by providing a list of the
documents (by title of the PDF that the Party produces) that are to be treated as “Case
Confidential” and protected by this Order. Notwithstanding the foregoing, a failure to designate
a document as “Case Confidential” by itself does not constitute a waiver of such a claim. Any
Party may designate a document as Confidential after the document has been produced by
providing written notice of the designation, and the Party to whom the document has been
produced shall treat the document as Confidential Discovery Material in accordance with this
Protective Order.
4.
Procedure for designation disputes. To the extent any dispute arises over
whether information is in fact confidential or proprietary, the Parties shall first try to resolve such
dispute in good faith on an informal basis. If the dispute cannot be informally resolved, the Party
or person objecting to the designation of Discovery Materials as Confidential Discovery
Materials may by motion apply to the Court for a ruling that the Discovery Materials should not
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be treated as Confidential Discovery Materials. While such a motion is pending and unless and
until a Court enters an order granting such a motion, the designated Confidential Discovery
Materials at issue shall continue to be treated as Confidential Discovery Materials in accordance
with the terms of this Protective Order
5.
Authorized disclosure. Discovery Material that has been designated as
Confidential Discovery Material, or information derived therefrom, may be disclosed,
summarized, described, characterized, or otherwise communicated or made available only to the
following persons:
(a) In-house and outside counsel for the Parties, and regular and temporary
employees and contractors of such counsel necessary to assist in the conduct of the litigation.
(b) Experts or consultants retained by the Parties or the Parties’ counsel
solely for the purpose of assisting in prosecuting or defending the litigation. Prior to being
provided with Confidential Discovery Material, such experts or consultants shall be required to
confirm their understanding and agreement to abide by the terms of this Protective Order by
signing and agreeing to the terms of an undertaking in the form attached hereto as Exhibit A.
Signed copies of Exhibit A shall be obtained by, and retained in the files of, counsel for the
Parties who have engaged such experts or consultants. The provisions of this paragraph shall
also apply to any employees or support staff who, as part of their employment with experts or
consultants, assist in the prosecution or defense of this litigation.
(c) Potential, anticipated, or actual fact witnesses or deponents (other than
witnesses and deponents covered by (d), below) and their counsel. Prior to being provided with
Confidential Discovery Material, such witnesses or deponents shall be required to confirm their
understanding and agreement to abide by the terms of this Protective Order by signing and
agreeing to the terms of an undertaking in the form attached hereto as Exhibit A. Signed copies
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of Exhibit A shall be obtained by, and retained in the files of, counsel for the Parties who provide
Confidential Discovery Material to such witnesses or deponents.
(d) The Parties and the officers, directors, and employees of the Parties, or
any subsidiary or affiliate thereof, who are assisting the Parties in this litigation, or who appear
as witnesses or deponents. Prior to being provided with Confidential Discovery Material, such
individuals shall be required to confirm their understanding and agreement to abide by the terms
of this Protective Order by signing and agreeing to the terms of an undertaking in the form
attached hereto as Exhibit A.
(e) Auditors and reinsurers.
(f) Stenographers, videographers, or other court reporters engaged to
transcribe or record depositions.
(g) The Court and court personnel.
(h) Any other person upon order of the Court or upon stipulation of the
Plaintiff.
6.
No unauthorized disclosure. The Parties or any other person or entity having
access to any Confidential Discovery Material shall not reveal such Confidential Discovery
Material, or the information contained therein, to anyone not entitled to receive such
Confidential Discovery Material under the terms of this Protective Order. In the event that
Confidential Discovery Material is disclosed to any person other than in the manner authorized
by this Protective Order, the Party responsible for the disclosure shall immediately inform the
Party who produced such Confidential Discovery Material of all pertinent facts relating to the
disclosure, including the name, address, and employer of each person to whom the disclosure
was made.
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7.
The Parties' right to use Confidential Discovery Material. Nothing in this
Protective order shall prevent the Parties from using their own Confidential Discovery Material
produced by that Party for any purpose.
8.
Filing under seal. Any Party who wishes to file with the Court a document
that quotes or otherwise includes the contents of any Confidential Discovery Material, shall, in
accordance with the United States District Court for the Southern District of Ohio’s Local Rule
5.2.1 (which relates to Federal Rule of Civil Procedure 5.2), first seek leave of Court, requesting
that said Confidential Discovery Material be filed under seal.
9.
Use of Confidential Discovery Material at a Hearing or Trial.
Notwithstanding the provisions of this Protective Order, the designation of material as “Case
Confidential” shall not preclude any Party from using such material for any purpose at a hearing
or trial of this matter. The Party that intends to use such material at a hearing or trial shall
disclose that fact to the designating Party prior to using the material, and appropriate safeguards
shall be used to ensure that the Confidential Discovery Material is not publicly disclosed, such
as, for example and without limitation, requesting that the Court place portions of the
document(s) under seal.
10. No admissions or prejudice to other rights. Entering into, agreeing to,
producing or receiving Confidential Discovery Material, or otherwise complying with the terms
of this Protective Order shall not:
(a) operate as an admission by any Party that any particular Confidential
Discovery Material contains or reflects confidential information;
(b) operate as an admission by any Party that any Discovery Material is
not confidential;
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(c) operate as an admission by any Party that any Discovery Material is, or
is not, relevant or admissible in this litigation;
(d) prejudice in any way the rights of the Parties to object to the
production of documents they consider not subject to discovery, or operate as an admission by
any Party that the restrictions and procedures set forth herein constitute adequate protection for
any particular information deemed by any Party to be Confidential Discovery Material;
(e) prejudice in any way the rights of any Party to object to the
authenticity or admissibility of any document, testimony, or other evidence subject to this
Protective Order;
(f) prejudice in any way the rights of any Party to petition the Court for a
further protective order relating to any purported confidential information;
(g) prevent the Parties from agreeing to alter or waive the provisions in
this Protective Order with respect to any particular Discovery Material.
11. Duration of Protective Order. The provisions of this Protective Order shall,
absent written permission of Plaintiff or further order of the Court, continue to be binding
throughout and after the conclusion of this litigation. The Court shall retain jurisdiction to
enforce the terms of this Protective Order.
/s/ David M. Fedder________________
Dentons US LLP
David M. Fedder (admitted pro hac
vice) (TRIAL ATTORNEY)
John R. Haug (admitted pro hac vice)
Rachel M. Milazzo (admitted pro hac
vice)
211 N. Broadway, Suite 3000
St. Louis, MO 63102
T: 314.259.1800
F: 314.259.5959
david.fedder@dentons.com
john.haug@dentons.com
/s/ Matthew L. Strayer________________
Goldman & Braunstein, LLP
Michael Braunstein (0060898)
Clinton P. Stahler (0092560)
Matthew L. Strayer (0092068)
500 South Front Street, Suite 1200
Columbus, OH 43215
(614) 229-4566/Telephone
(614) 229-4568/Facsimile
Braunstein@GBlegal.net
Stahler@GBlegal.net
Strayer@GBlegal.net
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rachel.milazzo@dentons.com
Counsel for Defendants, Richard L. Paulus
and Susan E. Paulus, Trustees
Benesch, Friedlander, Coplan &
Aronoff LLP
Michael L. Snyder (0040990)
Jerome W. Cook (0036835)
Ryan S. Babiuch (0094025)
200 Public Square, Suite 2300
Cleveland, OH 44114-2378
T: 216.363.4500
F: 216.363.4588
msnyder@beneschlaw.com
jcook@beneschlaw.com
rbabiuch@beneschlaw.com
Counsel for Columbia Gas
Transmission, LLC
Dated: February 6, 2018
SO ORDERED:
/s/ Chelsey M. Vascura _________
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
COLUMBIA GAS TRANSMISSION, LLC, )
)
Plaintiff,
)
)
v.
)
)
35.635 ACRES OF LAND, MORE OR
)
LESS, IN FAIRFIELD AND FRANKLIN )
COUNTIES, OHIO; STEVEN A. AND
)
SUSAN M. WHARTON, et al.,
)
)
Defendants.
)
)
Case No.: 2:17-cv-01048
Judge Michael H. Watson
Magistrate Judge Chelsey M. Vascura
CONSENT TO BE BOUND BY PROTECTIVE ORDER
I hereby certify (1) my understanding that Discovery Material and/or Confidential
Discovery Material is being provided to me pursuant to the terms and restrictions of the
Protective Order entered by the Court, and (2) that I have read the Protective Order. I understand
the terms of the Protective Order, I agree to be fully bound by the Protective Order, and I hereby
submit to the jurisdiction of the United States District Court for the Southern District of Ohio for
purposes of enforcement of the Protective Order. I understand that a violation of the Protective
Order is punishable as a contempt of Court, and may subject me to civil liability.
Dated: ________________________
Signature: ___________________________________
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