Zander et al v. Katz, Sapper & Miller, LLP et al

Filing 45

STIPULATION AND AGREED PROTECTIVE ORDER Signed by Magistrate Judge Joe Brown on 9/12/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
JEFFREY J. ZANDER, individually
and as Trustee of the CARDINAL
TRUST under Agreement dated
February 11, 2009, and JJZ
INSURANCE AGENCY, a Tennessee
general partnership d/b/a ZANDER
INSURANCE GROUP,
Plaintiffs,
v.
KATZ, SAPPER & MILLER, LLP;
KSM BUSINESS SERVICES, INC.,
and ANDREW J. MANCHIR,

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Case No. 3:12-cv-00967

Defendants.

STIPULATION AND AGREED PROTECTIVE ORDER
It is hereby stipulated and agreed, by and between the parties hereto and their respective
counsel, pursuant to Rule 26 of the Federal Rules of Civil Procedure, that certain documents
requested in this action may contain confidential, private or other proprietary information which
must be protected from unauthorized disclosure.

Accordingly, the discovery of certain

documents and information may be conducted only pursuant to the following terms, conditions
and restrictions:
1.

This Stipulated and Agreed Protective Order (“this Order”) shall govern all

documents designated or otherwise deemed as “CONFIDENTIAL” and produced either by
Plaintiffs or Defendants (“the parties”) or by outside third-parties pursuant to a subpoena or
request for documents in this action. Furthermore, this Order shall govern all information derived
from such documents and all copies, excerpts, or summaries thereof. Under this Order, the
following information shall be considered “CONFIDENTIAL” upon designation by any party to
{00061955.DOC / ver: }

the litigation (referred to collectively as “Designating Party”): confidential financial records and
any other business or proprietary information to which the Designating Party would ordinarily
limit access by its own employees or third parties in the course of its day-to-day operations. All
such designations shall be made in good faith and for a legitimate purpose, and each page that is
to be protected shall be separately marked “CONFIDENTIAL.” Duplicate copies of pages
marked “CONFIDENTIAL” shall also be deemed “CONFIDENTIAL.” Should a party fail to
mark material as “CONFIDENTIAL” at the time of production, it may do so by designating it
“CONFIDENTIAL” and providing counsel with a substitute copy bearing the appropriate
legend, within the longer of (a) ten (10) calendar days of the initial production, or (b) if the
failure to mark the material as “CONFIDENTIAL” was inadvertent, reasonably soon after the
discovery of the mistake; provided, however, that any disclosure of the material before receipt of
the substitute copy of the material shall not be considered a violation of this Order.
2.

Counsel for any party or any witness may designate the transcript (or any portion

thereof) of any deposition as “CONFIDENTIAL” by so stating on the record of the deposition or
by doing so within the later of seven (7) calendar days of receipt of the transcript of the
deposition or within seven (7) calendar days of the entry of this Protective Order by the Court.
3.

Except as otherwise provided herein, documents, depositions, transcripts, and any

other information designated as CONFIDENTIAL pursuant to this Protective Order, and any
information contained therein, and any notes, abstracts or summaries made therefrom, shall not
thereafter be disclosed in any manner to anyone other than: (a) the parties herein; (b) their
respective counsel, including legal assistants or other regular law firm employees working under
counsel’s supervision who are involved in the prosecution or defense of this action; (c) persons
employed by or assisting counsel in preparation for, or at, the trial of this action, including
experts with which counsel may consult; (d) persons who are indicated, from the face of the
{00061955.DOC / ver: }

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document or through other evidence, to have authored, created, or received the designated
document or information; (e) document handling and reproduction firms engaged in relation to
this action; (f) the Court and its employees; (g) court reporters engaged in relation to this action;
and (h) any other person, including any deponent or witness at trial, as expressly authorized in
writing or on record at a deposition by the producing party or non-party. All such material and
information shall be used solely for the prosecution or defense of this action. Experts and
consultants must execute the Consent to Protective Order attached hereto prior to receipt of
CONFIDENTIAL materials.
4.

In the event that counsel for any party determines that the defense or prosecution

of this action requires that material which has been designated as CONFIDENTIAL pursuant to
this Protective Order, including depositions, be disclosed for any purpose to persons not
otherwise authorized herein, written notice that such party intends to seek permission of the
Court to make such disclosure, identifying the otherwise unauthorized person and designating
the information desired to be disclosed, must be made to the party who submitted the documents
or information not less than seven (7) calendar days prior to the intended disclosure. If within
seven (7) calendar days after the receipt of notice, the party who submitted the documents or
information makes a written objection to the party giving the notice, the CONFIDENTIAL
material shall not be disclosed unless the Court so orders. If timely written objection is not
made, the party who submitted the documents or information shall be deemed to have waived
any objection to the disclosure of the designated information to the identified person only, and
such disclosure may proceed without further order of the Court. Before disclosure of any
CONFIDENTIAL materials may be made to persons not otherwise authorized herein, whether
by Court order or otherwise, the persons to whom such disclosure is to be made must execute the
Consent to Protective Order attached hereto.
{00061955.DOC / ver: }

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5.

Each person to whom disclosure of any CONFIDENTIAL material is made in

accordance with this Protective Order is bound by the terms herein and is hereby prohibited from
divulging any of the materials so obtained without proper authorization, or from exploiting in
any way such material for his or her own benefit, or from using such material for any purpose or
in any manner not directly related to the prosecution or defense of this action.
6.

In the event a deponent in this action may receive CONFIDENTIAL materials

hereunder only after execution of the Consent to Protective Order but refuses to execute the
consent form, the record shall reflect the deponent’s refusal to execute the consent form and the
deponent shall be advised, on the deposition record, as to the binding effect of this Protective
Order on the deponent, regardless of the deponent’s execution of the Consent to Protective
Order. Thereafter, the deponent shall be allowed to view the CONFIDENTIAL materials at and
for the purposes of the deposition and shall be bound to the terms of this Protective Order.
7.

Unless an Order of this Court otherwise directs, all CONFIDENTIAL material

and all pages of any briefs, memoranda, affidavits, transcripts, exhibits, and other papers
containing notes or summaries of material which has been designated as CONFIDENTIAL
pursuant to this Protective Order which are presented to the Court shall be presented in
compliance with the Local Rules of this Court.
8.

This Order shall not prevent any party or non-party from using or disclosing its

own confidential or proprietary information in any manner and for any purpose. Likewise,
nothing in this Order shall be construed to limit or restrict a party’s use of information that is
already in the public domain or that the Receiving Party has obtained, independent of the present
action, from sources other than the Designating Party.
9.

For purposes of the use at any hearing of any of the material designated as

CONFIDENTIAL pursuant to this Protective Order, the ultimate determination of the
{00061955.DOC / ver: }

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confidentiality of any such material shall be made by the Court upon application by any party,
and the designation of material as CONFIDENTIAL shall not otherwise affect the Court’s
determination as to whether it shall be received into evidence, nor shall such designation
constitute the authentication of such material or a waiver of any right to challenge the relevance,
confidentiality or admissibility of such material.
10.

Upon request by the Designating Party within sixty (60) days from final

disposition of this action, including the exhaustion of any appellate proceedings, all materials
which have been designated as CONFIDENTIAL pursuant to this Protective Order and all
copies, excerpts or extracts, except for such material which has become part of the record of this
action, shall be returned within sixty (60) calendar days to the person producing the material or
destroyed. Should counsel elect to comply with this paragraph by destroying such material, such
counsel shall provide a letter to opposing counsel certifying that such destruction has been
conducted in a manner eliminating the possibility of disclosure to or reconstruction of such
CONFIDENTIAL material by third parties. Notwithstanding the foregoing, counsel for each
party may retain an archival copy of any court filings, deposition exhibits, and/or hearing or trial
exhibits that contain CONFIDENTIAL materials.
11.

Any

person

entitled

to

designate

documents

or

information

as

“CONFIDENTIAL” who reasonably and in good faith believes that such documents or
information satisfies the criteria for “CONFIDENTIAL” information, but also reasonably and in
good faith believes that such documents or information constitute a trade secret or other highly
confidential and competitively sensitive research, development, proprietary or commercial
information, may designate such information as “CONFIDENTIAL-ATTORNEY’S EYES
ONLY” under this Protective Order.

{00061955.DOC / ver: }

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12.

Documents and information designated “CONFIDENTIAL-ATTORNEY’S

EYES ONLY” shall be subject to all of the provisions of this Protective Order that apply to
“CONFIDENTIAL” documents and information, except that “CONFIDENTIAL-ATTORNEY’S
EYES ONLY” documents and information shall not be disclosed to any persons other than: (a)
the parties’ outside legal counsel, including legal assistants or other regular law firm employees
working under counsel’s supervision who are involved in the prosecution or defense of this
action; (b) one (1) in-house legal counsel for each party, who must execute the Consent to
Protective Order attached hereto prior to receipt of any CONFIDENTIAL-ATTORNEY’S EYES
ONLY materials; (c) experts or consultants employed by or assisting counsel in preparation for,
or at, the trial of this action, who must execute the Consent to Protective Order attached hereto
prior to receipt of any CONFIDENTIAL-ATTORNEY’S EYES ONLY materials; (d) persons
who are indicated, from the face of the document or through other evidence, to have authored,
created, or received the designated document or information; (e) document handling and
reproduction firms engaged in relation to this action; (f) the Court and its employees; (g) court
reporters engaged in relation to this action; and (h) any other person as expressly authorized in
writing or on record at a deposition by the producing party or non-party.
13.

The party receiving the designated documents (the “Receiving Party”) may object

to the Designating Party’s designation of documents or information as “CONFIDENTIALATTORNEY’S EYES ONLY” by making such objection, in writing, to the Designating Party’s
counsel within fourteen days of the Designating Party’s designation of the documents or
information as “CONFIDENTIAL-ATTORNEY’S EYES ONLY.” If the parties cannot resolve
their dispute over the “CONFIDENTIAL-ATTORNEY’S EYES ONLY” status of such
documents or information, the Designating Party shall request a telephonic conference with
Magistrate Judge Brown within fourteen days of the Designating Party’s counsel receipt of the
{00061955.DOC / ver: }

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Receiving Party’s counsel’s timely objection to the designation. Failure by the Designating Party
to request such a conference shall be deemed as a waiver of the “CONFIDENTIALATTORNEY’S EYES ONLY” status of such documents or information, but if such a request is
timely made, the Receiving Party shall not make any use of such documents or information
contrary to the provisions of this Order until such time as the Designating Party’s request is
resolved by the Court. Nothing in this paragraph shall preclude a party from proceeding under
paragraph 4 to challenge any designation of “CONFIDENTIAL-ATTORNEY’S EYES ONLY.”
14.

Pending entry by the Court, this Order shall be treated as an Agreed Stipulation

and shall be considered binding and enforceable upon execution by counsel.
ENTERED this the _____ day of September, 2013.

JUDGE
Agreed to and Submitted for Approval By:
s/ Eugene N. Bulso, Jr.
Eugene N. Bulso, Jr. (No. 12005)
LEADER, BULSO, & NOLAN, PLC
414 Union Street, Suite 1740
Nashville, Tennessee 37219
[phone]
Attorneys for Plaintiffs

s/ Tim Edwards________________
TIM EDWARDS (TN #5353)
LACEY BISHOP (TN #23465)
26 North Second Street
Memphis, TN 38103
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
{00061955.DOC / ver: }

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
JEFFREY J. ZANDER, individually
and as Trustee of the CARDINAL
TRUST under Agreement dated
February 11, 2009, and JJZ
INSURANCE AGENCY, a Tennessee
general partnership d/b/a ZANDER
INSURANCE GROUP,
Plaintiffs,
v.
KATZ, SAPPER & MILLER, LLP;
KSM BUSINESS SERVICES, INC.,
and ANDREW J. MANCHIR,

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Case No. 3:12-cv-00967

Defendants.

CONSENT TO AGREED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has read the Agreed Protective Order
entered by the Court in this action on __________, 2013, a copy of which is attached hereto, and
does hereby agree to comply with and to be bound by the terms of the Protective Order. The
undersigned specifically acknowledges and agrees that he/she is prohibited from disclosing or
divulging any of the materials designated as CONFIDENTIAL or CONFIDENTIALATTORNEY’S EYES ONLY in this action, from exploiting in any way such
CONFIDENTIAL/CONFIDENTIAL-ATTORNEY’S EYES ONLY materials for his/her own
benefit, or from using such CONFIDENTIAL/CONFIDENTIAL-ATTORNEY’S EYES ONLY
materials for any purpose or in any manner not connected with the prosecution or defense of this
action. The terms of the Protective Order are incorporated herein by reference.
Dated:______________

_______________________________________

{00061955.DOC / ver: }

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