Nielson v. Leiter et al

Filing 52

STIPULATED PROTECTIVE ORDER. Signed by District Judge Aleta A. Trauger on 3/20/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE

STOKES NIELSON, also known as
GEOFFREY STOKES NIELSON

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Plaintiff/Counter-Defendant,
v.
LAUREN LEITER, individually, and
CHYNNA RAE CARRION now known as
CHYNNA RAE TAYLOR, individually,
together professionally known as LIGHTER
RAY,

Civil Action No. 3:12-CV-00419
JUDGE TRAUGER
Magistrate Judge Bryant
JURY DEMAND

Defendants/Counter-Plaintiffs.

STIPULATED PROTECTIVE ORDER
The Court finds that, in the course of discovery, the Parties are likely to request and
anticipate producing information and documents that the Parties believe in good faith is
sensitive, confidential, proprietary, and/or personal; that the Parties have agreed to this Stipulated
Protective Order for the purpose of protecting such information while facilitating the production
of such information and minimizing this Court’s involvement in adjudicating disputes among the
Parties arising from the production of such information.
Good cause appearing, and pursuant to the stipulation and agreement of the Parties
hereto, as acknowledged by the signatures of their respective counsel below, this Stipulated
Protective Order is entered pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
It is, therefore, hereby ORDERED that the following provisions shall govern the handling
of information and documents produced by any Party in this action:
1.

This Protective Order shall govern certain designated information that is produced

by any Party or received from third parties (“Producing Party”) in this action, whether produced
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in response to formal or informal discovery requests or in compliance with the Federal Rules of
Civil Procedure or produced voluntarily in support of any claim or defense in this action,
including (but not limited to) such information contained in documents, interrogatory responses,
subpoenas, testimony (whether at trial, at deposition or in a written declaration or affidavit),
responses to requests for admission, initial disclosures, expert reports or other expert-related
materials.
2.

Any Producing Party may designate material or information disclosed or

produced in this action as “confidential” or as “attorney’s eyes only.”
3.

Any Producing Party confidential or attorney’s-eyes-only material or information

may designate such material or information by:
(a)

With regard to documents, responses to discovery requests and tangible objects,

the Producing Party may affix (as by writing, stamping, labeling or the like) to the page or item
containing or disclosing the confidential or attorneys-eyes-only information the term
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” as appropriate, or words to that effect;
or by providing written notice to all other parties in the action, before or at the time of production
of such materials, that adequately describes the materials in question and whether those materials
should be treated as “confidential” or “attorneys’ eyes only.”
(b)

With regard to information disclosed at a deposition, if any depositions are

permitted by the Court to be taken, the Producing Party may designate such information as
“Confidential” or “Attorneys’ Eyes Only,” as appropriate, by so indicating on the record at the
deposition the testimony to which the designation applies; or by notifying the court reporter and
all parties to this action, within 30 calendar days of receipt of the deposition transcript, of the
portions of the testimony that should be designated as “Confidential” or “Attorneys’ Eyes Only.”
At the Producing Party’s option, portions of a deposition transcript that have been designated as
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“Confidential” or “Attorneys’ Eyes Only” may be bound separately from the rest of the transcript
and marked as such. A Producing Party has the right, at the deposition, to have deposition
testimony containing confidential or attorneys-eyes-only information heard only by those
permitted under this Protective Order to have access to such information.
4.

Information designated as either CONFIDENTIAL or ATTORNEYS’ EYES

ONLY (including but not limited to summaries, abstracts, copies, indices and exhibits) shall be
used solely for purposes of this action and shall not be disclosed to anyone other than the
following persons identified in Paragraphs 5 and 6 below and except as permitted under this
Protective Order.
5.

Information designated as ATTORNEYS’ EYES ONLY (including but not

limited to summaries, abstracts, copies, indices and exhibits) shall not be made available and
shall not be disclosed to any person other than:
(a)

Outside counsel of record working on this action on behalf of any party to this

action, together with the assistants, secretaries, paralegals and/or other clerical personnel who are
actively assisting such counsel in the preparation of this action;
(b)

Court stenographers, court reporters and their staff, outside deposition video

services and their staff, independent contractors and/or third parties engaged to record, transfer
and/or store video depositions, outside copy services, translators and graphics or design services,
retained or engaged by such outside counsel in connection with their preparation of this action,
and only to the extent necessary for such persons to carry out their duties in connection with this
action;
(c)

Mock jurors, and jury or trial consulting services, retained or engaged by such

outside counsel in connection with their preparation of this action, and only to the extent
necessary for such persons to carry out their duties in connection with this action, provided that
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such persons are furnished with a copy of this Protective Order and execute a Declaration of
Compliance in the form and substance as that attached hereto as Exhibit A;
(d)

Any settlement conference officer or mediator who attempts to mediate this action

(if any), together with their staff, provided any mediator is furnished with a copy of this
Protective Order and executes a Declaration of Compliance in the form and substance as that
attached hereto as Exhibit A;
(e)

The Court and any person employed by the Court;

(f)

Outside experts and consultants retained, consulted or employed by any counsel

or party to this action in connection with the preparation, trial or appeal of this action, together
with the employees and assistants thereof, provided that each is furnished with a copy of this
Protective Order and executes a Declaration of Compliance in the form and substance as that
attached hereto as Exhibit A. The Parties agree that nothing in this provision requires the Parties
to take any action that would reveal the identity of such experts, other than through the normal
course provided under FRCP 26(a)(2);
(g)

The author(s), sender(s), addressee(s) and copy recipient(s) of any such material,

or anyone identified as having authority to view the information contained therein; and
(h)

The person(s) mentioned in any such document or tangible material, provided,

however, that only that portion of the material that directly pertains to such person(s) shall be
disclosed to them.
6.

Information designated as CONFIDENTIAL (including but not limited to

summaries, abstracts, copies, indices and exhibits) shall not be made available and shall not be
disclosed to any person other than:
(a)

The persons described in Paragraph 5 above, under the same conditions (if any);

and
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(b)

The Parties (including officers, directors, and employees as representatives of the

Parties) to this lawsuit provided that each person is furnished with a copy of this Protective
Order.
7.

The execution of a Declaration of Compliance, if required by this Protective

Order, shall be the responsibility of the Party to which documents are disclosed and counsel for
each Party shall retain a copy of each such executed Declaration of Compliance.
8.

The restrictions and obligations of this Protective Order shall not apply to any

information that (a) is public knowledge, (b) becomes public knowledge through no fault of any
party to this protective order other than the producing party, or (c) comes into the possession of
the Parties or other persons through means other than the disclosure of such information in this
action.
9.

Information produced in this action that has been designated as CONFIDENTIAL

or ATTORNEYS’ EYES ONLY, and the information derived therefrom (including excerpts,
summaries, extracts, compilations and the like), shall be kept confidential by those who receive
it, and it shall be maintained at a location and in a manner that ensures that access to the
information will be limited to those persons entitled to have such access under this Protective
Order. Notwithstanding the foregoing, the Producing Party shall be free to do whatever it desires
with its own information.
10.

If a Producing Party, through inadvertence, provides any materials or information

that should have been designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY but fails
to designate them as such at the time of production, the Producing Party may designate such
materials as CONFIDENTIAL or ATTORNEY’S EYES ONLY by providing (a) written notice
to all Parties that received the materials or information of the inadvertent production and (b)
substitute copies of the materials marked, as appropriate, CONFIDENTIAL or ATTORNEYS’
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EYES ONLY; or, in the case of deposition testimony, by causing the court reporter to re-issue
transcripts designated in accordance with Section 3(b) above.
11.

If a Party desires to file materials designated as CONFIDENTIAL or

ATTORNEYS’ EYES ONLY with a court or to disclose in a court filing information designated
as CONFIDENTIAL or ATTORNEYS’ EYES ONLY, the Party shall take all steps required by
the court to file the materials under seal.
12.

This Protective Order shall remain in force and effect and shall continue to be

binding on all Parties to this Order and affected persons after the conclusion of this action.
When this action is finally concluded (including any appeals), all Parties or persons who
received materials designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall return
such materials to the Producing Party or destroy such materials and certify to the same in
writing, within 45 days of written request, if any, by the Producing Party. If no such written
request is made within 90 days of the conclusion of this matter, the Producing Party waives
his/her/its right to demand return/destruction of such materials. Any written request directed at
any Party shall be delivered via email and either personal delivery or U.S. Mail to counsel of
record.
13.

Should a Party to this Protective Order be commanded or compelled to produce

materials or information designated hereunder as CONFIDENTIAL or ATTORNEY’S EYES
ONLY, as by subpoena, civil investigative demand or discovery request in a separate action or
similar compulsory process that subjects the recipient to sanctions unless complied with, the
Party must (a) provide the Producing Party with written or electronic notice and a copy of the
compulsory process; and (b) forebear, to the extent reasonably feasible, producing such materials
or information for at least five (5) business days after the Producing Party’s receipt of such
written or electronic notice, interposing, if necessary, any reasonable objections, and providing,
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if necessary or prudent, a copy of this Protective Order to the person seeking to command or
compel the materials or information, so that the Producing Party may have an opportunity to
intervene to protect its interests.
14.

If any of the Parties believe that material or information that has been designated

as CONFIDENTIAL or ATTORNEYS’ EYES ONLY should not have been so designated, that
objecting Party may move to alter or remove the objectionable designation, provided, however,
that counsel has first made a good-faith effort to resolve its objection with counsel for the
Producing Party.
15.

Neither the provisions of this Protective Order nor the filing of any materials

under seal shall prevent the use of materials or information subject to this Protective Order in
open court, whether at trial or at a hearing. If a Producing Party desires to restrict access to the
information or materials in question when used in open court, the Producing Party must
separately move the Court for an appropriate order.
16.

Nothing in this Protective Order shall prevent or otherwise restrict any counsel

from rendering advice to that counsel’s client who is presently or becomes a Party to this action,
or from examining any witness, and in the course thereof, relying upon an examination of
material or information subject to this Protective Order; provided, however, that in rendering
such advice or examining the witness, the counsel shall not disclose the substance of such
material or information to those not authorized hereunder to receive such material or
information.
17.

Nothing in this Protective Order shall prevent a Party from seeking additional

protection of its materials or information, or from seeking a modification of this Protective
Order. This Protective Order is without prejudice to the rights of any Party or non-party to seek
such additional or other relief relating to discovery as may be appropriate.
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18.

If a Producing Party inadvertently discloses materials or information protected by

the attorney-client privilege, the attorney work product doctrine, or other privilege or immunity
from discovery, the Producing Party may, within five (5) business days upon discovery of the
inadvertent disclosure, so advise in writing all Parties that received the materials or information,
request that the materials or information be returned. If such a request is made, no Party
receiving same shall thereafter assert that the inadvertent disclosure waived any privilege or
immunity from discovery. Further, any Party receiving such request shall return, within five (5)
business days of receipt of such request the materials and information so identified.
19.

Neither the provisions of this Protective Order or any Party’s approval for entry of

this Protective Order shall be construed as waiving or affecting any defense, including the
defenses set forth in Rule 12(b) of the Federal Rules of Civil Procedure.
20.

This Protective Order may be amended without leave of Court by the agreement

of counsel for the Parties, in writing, by filing an amended Protective Order with the Court,
signed by counsel for all Parties.
21.

The Parties agree to be bound by the terms of this Protective Order effective upon

filing the same through the Court’s electronic filing system.
IT IS SO ORDERED.

ALETA A. TRAUGER
United States District Judge

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APPROVED FOR ENTRY:
The filing party in this action affirms that all signatories hereto have consented to the filing of
this document.

s/Ramonda P. DeSalvo, with permission
Ramona P. DeSalvo (#018491)
DESALVO LAW FIRM PLLC
1720 West End Ave., Suite 403
Nashville, TN 37203
[phone]
[e-mail]
Counsel for Plaintiff/Counter-Defendant, Stokes Nielson
s/Derek C. Crownover
Derek C. Crownover, Esq. (TN BPR No. 016650)
Austen M. Adams, Esq. (TN BPR No. 025233)
CROWNOVER BLEVINS, P.C.
54 Music Square East, Suite 250
Nashville, TN 37203
[phone]
[e-mail]
[e-mail]
Counsel for Defendants/Counterclaimants, Chynna Rae Taylor and Lauren Leiter

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EXHIBIT A TO STIPULATED PROTECTIVE ORDER
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
STOKES NIELSON, also known as
GEOFFREY STOKES NIELSON
Plaintiff/Counter-Defendant,
v.
LAUREN LEITER, individually, and
CHYNNA RAE CARRION now known as
CHYNNA RAE TAYLOR, individually,
together professionally known as LIGHTER
RAY,
Defendants/Counter-Plaintiffs.

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Civil Action No. 3:12-CV-00419
JUDGE TRAUGER
Magistrate Judge Bryant
JURY DEMAND

DECLARATION
I, ________________________________, under penalty of perjury, depose and state that the
following is true and correct:
1.

I am over 18 years of age.

2.

I have read the Stipulated Protective Order entered in the above-referenced action

before reviewing or receiving access to the content of any documents or information subject to the
provisions of the Stipulated Protective Order.
3.

I hereby consent to be bound by the terms of the Stipulated Protective Order.

4.

I further consent to the jurisdiction of the U.S. District Court for the Middle District

of Tennessee for the purpose of any proceeding to enforce the terms of the Stipulated Protective
Order.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on the ______ day of ____________, 20___, in
____________, _________________.
_________________________________
Signature