United States District Court, S.D. Ohio, Western Division
FOUR SEASONS ENVIRONMENTAL, INC. Plaintiff/Counterclaim Defendant,
THE SOUTHWEST OHIO REGIONAL COUNCIL OF CARPENTERS PENSION PLAN, et al., Defendants/Counterclaim Plaintiff. and FOUR SEASONS ENVIRONMENTAL, INC., Counterclaim Defendant/ Third Party Plaintiff,
SOUTHWEST OHIO DISTRICT COUNCIL OF CARPENTERS Third Party Defendant
G. Arnold (0084697), Robert A. Flores (0091077) LEDBETTER
PARISI Attorneys for the Plan.
Jeffrey N. Lindemann FROST BROWN TODD, LLC Attorney for FSE
T. Berkowitz, Russell E. Carnahan HUNTER, CARNAHAN, SHOUB,
BYARD & HARSHMAN Paul T. Berkowitz (0098857) PAUL T.
BERKOWITZ & ASSOCIATES Attorneys for the Union
AGREED PROTECTIVE ORDER
LITKOVITZ, UNITED STATES MAGISTRATE JUDGE
Defendant/Third Party Plaintiff Four Seasons Environmental,
Inc. ("FSE"), Defendants/Counterclaim Plaintiffs
the Southwest Regional Council of Carpenters Pension Plan, et
al. (the "Plan"), and Third Party Defendant the
Southwest Ohio District Council of Carpenters (the
"Union") are presently engaged in discovery in the
above-referenced matter. As a part of that process, FSE has
agreed to produce documents which containing (1)
proprietary/trade secret information; (2) private and
confidential information about FSE employees, and/or (3)
other information that would damage FSE's legitimate
business interests if disseminated to the public
(collectively, "Confidential Information"). In
addition, the Plan and/or the Union may also possess
Confidential Information that will be produced in discovery.
Accordingly, in consideration of these factors, FSE, the
Plan, and the Union hereby agree:
pages produced by any party in response to written discovery
requests that contain Confidential Information will be marked
parties and their counsel may use Confidential Information
only for purposes of this case, and not for any other
purpose. Further, the parties and their counsel agree that
they will not disseminate or distribute Confidential
Information to third parties (i.e., parties not involved in
this action) without first obtaining prior written consent
from the producing party and/or the Court.
in the course of this case, a party or its counsel desire to
share Confidential Information with a third party witness for
purposes of this case, they may only do so only for purposes
of this case and only after first receiving the commitment
from the third party that the Confidential Information will
remain confidential and that it will not be shared,
disseminated or distributed to anyone else. Copies of
Confidential Information will not be given to or retained by
anyone other than the parties and their counsel.
After this case is concluded and in accordance with the
respective parties' document retention policies, the
parties will promptly destroy or return all Confidential
Information to the producing party. If destroying the
Confidential Information, such party will provide written
confirmation of same to the producing party within seven (7)
business days after the destruction of the documents.
parties agree that should any party desire to use
Confidential Information in a filing with the Court or other
public forum, appropriate steps will be taken to protect the
confidentiality of the Confidential Information, including
without limitation personal identifying information and
employee information. The parties agree to work together to
maintain the confidentiality of the Confidential Information.
If a party believes that a document that has been designated
as Confidential Information does not qualify as such under
this Order, then that party will first try to work the issue
out with the other party. If the parties cannot resolve the
issue, they will follow the Court's procedures for
resolving discovery disputes.
Order does not authorize filing protected materials under
seal. No document may be filed with the Court under seal
without prior permission as to each such filing, upon motion
and good cause shown, including the legal basis for filing
under seal. See Proctor & Gamble Co. v. Bankers Trust
Co., 78 F.3d 219 (6th Cir. 1996). Unless the
Court orders otherwise, all sealed documents shall be filed
according to S.D. Ohio Civ. R. 5.2.1.
Court may modify Order as appropriate. At all times, the
burden of proving that something qualifies as Confidential
Information remains ...