Haney v. New Lifecare Hospitals of Dayton LLC

Filing 10

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Michael J Newman on 12/2/14. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ELAINE HANEY,
Plaintiff,
v.
NEW LIFECARE HOSPITALS OF
DAYTON LLC,
Defendant.

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Case No. 3:14-cv-91
Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

STIPULATED PROTECTIVE ORDER
Based upon the parties’ stipulations, the Court ORDERS as follows:
1.

This Protective Order shall be entered pursuant to Federal Rule of Civil Procedure

2.

The Protective Order shall govern all materials deemed to be “Confidential

26(c).

Information.” Such Confidential Information shall include the following:
(a)

(b)

Any documents from the personnel, medical or workers’
compensation file of any current or former employee or contractor;

(c)

Any documents relating to the medical and/or health information
of any of Defendant’s current or former employees or contractors;

(d)
3.

Any and all documents referring or related to confidential and
proprietary human resources or business information; financial
records of the parties; compensation of Defendant’s current or
former personnel; policies, procedures and/or training materials of
Defendant’s; and/or Defendant’s organizational structure;

Any portions of depositions (audio or video) where Confidential
Information is disclosed or used as exhibits.

In the case of documents and the information contained therein, designation of

Confidential Information produced shall be made by placing the following legend on the face of

the document and each page so designated “CONFIDENTIAL” or otherwise expressly identified
as confidential.

The Parties will use their best efforts to limit the number of documents

designated Confidential.
4.

Inadvertent or prior production of any document and/or information without

a designation of “CONFIDENTIAL” will not be deemed to waive a Party’s claim to its
confidential nature or prohibit any Party from subsequently designating said document or
information as “CONFIDENTIAL.” Documents produced before the entry date of this Order, or
documents produced but not stamped as “CONFIDENTIAL,” may retroactively be so stamped
and shall not be construed to be a waiver, in whole or in part, of that Party’s claims of
confidentiality. Disclosure by the other Party prior to such later designation shall not be deemed
a violation of the provisions of this Order.
5.

Confidential Information shall be held in confidence by each qualified recipient to

whom it is disclosed, shall be used only for purposes of this action, shall not be used for any
business purpose, and shall not be disclosed to any person who is not a qualified recipient. All
produced Confidential Information shall be carefully maintained so as to preclude access by
persons who are not qualified recipients.
6.

Qualified recipients shall include only the following:
(a)

In-house counsel and law firms for each Party and the secretarial,
clerical and paralegal staff of each;

(b)

Deposition notaries and staff;

(c)

Persons other than legal counsel who have been retained or
specially employed by a Party investigative work or fact research;

(d)

Deponents during the course of their depositions or potential
witnesses of this case; and

(e)

The parties to this litigation, their officers and professional
employees.
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7.

Each counsel shall be responsible for providing notice of the Protective Order and

the terms therein to persons to whom they disclose “Confidential Information,” as defined by the
terms of the Protective Order.
Persons to whom confidential information is shown shall be informed of the terms of this
Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such
deponents may be shown Confidential materials during their deposition but shall not be
permitted to keep copies of said Confidential materials nor any portion of the deposition
transcript reflecting the Confidential Information.
If either Party objects to the claims that information should be deemed Confidential, that
Party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the
Confidential materials that the information should not be so deemed, and the parties shall attempt
first to dispose of such disputes in good faith and on an informal basis. If the Parties are unable
to resolve their dispute, they may present a motion to the Court objecting to such status. The
information shall continue to have Confidential status during the pendency of any such motion.
8.

In the event that Confidential Information is referenced in whole or in part and/or

included in depositions, exhibits or other items filed with the Court, the Party submitting said
Confidential Information shall, if also the Party who designated the information Confidential,
either redact any and all Confidential Information from the document prior to filing. If the Party
submitting said Confidential Information is not the Party who designated the information
Confidential, the submitting Party shall confer with the designating Party to determine whether
there is an acceptable way to redact the Confidential Information from the document prior to
filing. If the Party who designated the information Confidential indicates that redaction is not
agreeable, a Party may, in lieu of redacting Confidential Information from a document, file

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a motion for the documents to be preserved under seal, and upon the Judge signing an Order
granting the Party’s Motion, shall submit the documents to the Court under seal.
9.

No copies of Confidential Information shall be made except by or on behalf of

attorneys of record, in-house counsel or the Parties in this action. Any person making copies of
such information shall maintain all copies within their possession or the possession of those
entitled to access to such information under the Protective Order.
10.

All information produced in this action, whether deemed Confidential or not, shall

be used only for purposes of this litigation and not for any other purpose.
11.

The termination of this action shall not relieve the parties and persons obligated

hereunder from their responsibility to maintain the confidentiality of information designated
confidential pursuant to this Order.
12.

Upon termination of this action by entry of a final judgment (inclusive of any

appeals or petitions for review), the Parties may request the return of all previously furnished
Confidential Information, including any copies thereof, and each person or Party to whom such
Confidential Information has been furnished or produced shall be obligated to return it within
thirty (30) days of said request.
13.

Nothing in this Order shall be construed as an admission as to the relevance,

authenticity, foundation or admissibility of any document, material, transcript, or other
information.
14.

Nothing in the Protective Order shall be deemed to preclude any Party from

seeking and obtaining, on an appropriate showing, a modification of this Order.
15.

The Clerk of Court will forward a certified copy of the Protective Order to all

counsel of record at the addresses listed in the signature lines below.

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16.

Per authority of Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th

Cir. 1996), no document may be filed with the Court under seal without prior permission as to
each such filing, upon motion and for good cause shown, including the legal basis for filing
under seal. Documents filed under seal shall comply with Southern District of Ohio Local Rule
79.3. This Protective Order does not authorize filing under seal; any provisions in this Protective
Order to the contrary are hereby stricken.
STIPULATED TO THIS 28TH DAY OF OCTOBER, 2014.
IT IS SO ORDERED:
Date: December 2, 2014

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

JASON P. MATTHEWS, LLC

LITTLER MENDELSON, P.C.

/s/ Jason P. Matthews (per email consent,
10/28/2014)
Jason P. Matthews, Esq.
Attorney for Plaintiff

/s/ Kaila M. Krausz
Tracy Stott Pyles, Esq.
Kaila M. Krausz, Esq.
Attorneys for Defendant

Firmwide:127767760.1 078059.1005

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