Lucas v. Moore et al
Filing
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STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 10/18/2018. (daf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
VINCENT LUCAS,
Plaintiff,
v.
TRICIA MOORE, et al.,
Defendants.
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Case No. 2:18-cv-582
Judge Watson
Magistrate Judge Vascura
STIPULATED
PROTECTIVE
ORDER
The parties to this Stipulated Protective Order have agreed to the terms of this Order;
accordingly, it is ORDERED:
1.
Scope. For the purposes of this order, the term “document” shall be broadly
construed and includes electronically stored information. All documents produced in the course
of discovery, including 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 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 Court 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. A party may designate
a computer file as confidential and restricted in disclosure under this Order by putting the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” in the file name. 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, personnel records, or such
other sensitive information that is not publicly available.
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.
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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. However,
Medical and psychological records of Plaintiffs shall be disclosed only to counsel
for the Defendants and employees and agents of counsel who have responsibility
for the preparation and trial of the action. Such records shall not be disclosed to
any other person without specific written consent by Plaintiffs’ counsel.
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
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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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. If a party notifies the other parties that documents
previously produced are intended to be protected by this Order, such documents shall be
treated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.”.
6.
Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
Documents Under Seal. The parties should avoid filing entire pleadings under seal. To the extent
that a brief, memorandum or pleading references any document marked as CONFIDENTIAL –
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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.
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, before a CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER document is filed with the Clerk, that party must
follow the United States District Court, Southern District of Ohio, Eastern Division’s local
rule 5.2.1. 1
c.
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. 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 and shall be filed with the Clerk under seal as above. A copy of the unredacted
pleading also shall be delivered to the judicial officer’s chambers.
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“Unless permitted by statute, parties cannot file documents under seal without leave of Court. Upon obtaining leave
of Court, litigants other than pro se litigants must file the documents electronically using the ECF system as provided
in S.D. Ohio Civ. R. 5.1. Pro se litigants who have obtained leave must follow the procedures set forth in subsection
(b). The Court may strike any document filed under seal if the filing party failed to obtain leave of Court.”
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d.
If the Court or a particular judicial officer has developed an alternative
method for the electronic filing of documents under seal, then the parties shall follow this
alternative method and shall not file any documents or pleadings manually with the Clerk
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.
Clawback Agreement. In the event a party inadvertently produces a document(s)
that would otherwise be covered by the attorney client privilege, the work product protection
doctrine, or a comparable privilege or protection, that party, may within seven (7) days after
discovering the inadvertent disclosure, request that the protected document(s) be returned. Upon
such a request, there is a presumption that the applicable privilege or protection has not been
waived. The notified party shall make no further use of the protected document(s) and shall return
the purportedly privilege document(s) within ten (10) working days. If the notified party wishes to
challenge the applicability of the privilege or assert that the privilege has been waived, then, the
other party shall, within ten (10) working days from the request for the return of the document(s),
make a written submission to the Court. The party asserting the privilege shall respond within three
(3) working days. The notified party shall promptly return or sequester and not use or disclose the
document(s) until the claim of privilege is resolved by the Court.
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9.
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 and any other procedures set forth in the presiding judge’s standing orders or other relevant
orders. The existence of this Stipulated Protective Order does not shift the burden of proving that
information has been properly designated as protected under Rule 26(c), which remains on the
party designating the information as Confidential. 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 used in discovery
or at trial.
10.
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 (5) 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.
11.
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
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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) 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.
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.
12.
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.
13.
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
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the parties is subject to protection under Federal Rules of Civil Procedure 26(c) or otherwise until
such time as the Court may rule on a specific document or issue.
14.
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.
So Ordered.
/s/ Chelsey M. Vascura
MAGISTRATE JUDGE VASCURA
WE SO MOVE/STIPULATE and agree to abide by the terms of this Order:
/s/ Patrick Kasson
Patrick Kasson, Esq. (0055570)
REMINGER CO., L.P.A.
200 Civic Center Drive, Suite 800
Columbus, Ohio 43215
(614) 228-1311; FAX (614)232-2410
pkasson@reminger.com
Attorney for Defendants, Tricia Moore,
Marica Phelps and City of Newark, Ohio
/s/ Vincent Lucas
Vincent Lucas
vincentlucaslegal@gmail.com
Plaintiff
/s/ Daniel Downey
Daniel T. Downey (0063753)
Daniel A. Sabol (0096720)
ddowney@fisheldowney.com
dsabol@fisheldowney.com
Attorneys for Defendant Licking County,
Ohio
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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
VINCENT LUCAS,
)
Plaintiffs,
v.
TRICIA MOORE, et al.,
Defendants.
Case No. 2:18-cv-582
)
)
Judge Watson
)
Magistrate Judge Vascura
)
)
)
)
)
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 U.S. 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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