Rachael A. Rowe, (0066823) Brandi M. Stewart, (0082546) Keating Muething & Klekamp PLL, Cincinnati, Ohio, Attorneys for Defendant, Unison Industries, LLC
David M. Duwel, Dayton, Ohio, Attorney for Plaintiff, Daniel Nestick
AGREED PROTECTIVE ORDER
MICHAEL J. NEWMAN, Magistrate Judge.
Plaintiff Daniel Nestick ("Plaintiff") and Defendant Unison Industries, LLC ("Defendant") stipulate and agree to the following Agreed Protective Order to be entered in this case pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
1. CONFIDENTIAL INFORMATION
This Order shall apply to all documents, materials, things or information produced during the course of this action, including depositions, productions of documents, answers to interrogatories, responses to requests for admissions, and all other discovery taken pursuant to the Federal Rules of Civil Procedure, as well as testimony adduced at trial or in hearings, matters in evidence and any other information that shall in good faith be designated by the party or person producing it as "CONFIDENTIAL."
For purposes of this Order, "CONFIDENTIAL" information means information in written, oral, electronic, graphic/pictorial, audiovisual, or other form, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in a hearing, information revealed in an interrogatory answer, or otherwise produced during discovery that is in good faith designated as such by the producing party, and that, as claimed by the producing party, constitutes confidential personal, business, legal, regulatory, financial, research, or development information or confidential policies or procedures, business plans, commercially-sensitive information, personal information or other non-public information within the meaning of Federal Rule of Civil Procedure 26(c), the dissemination of which generally is protected by the designating party in its normal course of business. "CONFIDENTIAL" information shall include any copies, excerpts, summaries, abstracts, or other documents that contain "CONFIDENTIAL" information. Any party may challenge the designation of any document as "CONFIDENTIAL, " as provided herein.
2. INADVERTENT FAILURE TO DESIGNATE
Except as otherwise provided herein, inadvertent failure to designate information as "CONFIDENTIAL" shall not be deemed a waiver of any claim of confidentiality as to such matter, and the same thereafter may be corrected by supplemental written notice. Upon receipt of the supplemental written notice, the terms of this Order shall apply and the receiving party shall retrieve, to the extent reasonably possible, the information and any documents containing the same.
3. INADVERTENT PRODUCTION
The inadvertent production of any document or information during discovery in this case shall be without prejudice to any claim that such material is privileged under the attorney-client or other privilege, or protected from discovery as work product. No party or entity shall be held to have waived any rights by such inadvertent production as long as the receiving party is notified within 10 days of the inadvertent production. Upon written request by the inadvertently producing party, the receiving party shall not use the information in the document for any purpose until further order of the Court. If the receiving party disagrees that the document is privileged or has been produced inadvertently, it shall file the appropriate motion within 14 days of receipt of the written request from the inadvertently producing party. The burden of proof of privilege and inadvertence shall be on the producing party.
4. PERMITTED DISCLOSURE
a. Any information that is designated as "CONFIDENTIAL" by the party or person producing it shall not be disclosed to any person other than the following:
i. The parties and in-house counsel for ...