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Easter v. Beacon Tri-State Staffing, Inc.

United States District Court, S.D. Ohio, Eastern Division

May 24, 2017

BRIAN EASTER, PLAINTIFF,
v.
BEACON TRI-STATE STAFFING, INC., et al., DEFENDANTS.

          ALGENON L. MARBLEY JUDGE

          STIPULATED PROTECTIVE ORDER

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         IT IS ORDERED that this Stipulated Protective Order shall govern the above-captioned case as follows:

         1. Scope. All documents produced in the course of discovery, including all responses to discovery requests, all deposition testimony and exhibits, and all other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (all such materials are collectively referred to as “Documents”), shall be subject to this Order concerning confidential information as set forth below. As there is a presumption in favor of open and public judicial proceedings in federal courts, this Order shall be strictly construed in favor of public disclosure and open proceedings wherever possible. This Order supplements the Federal Rules of Civil Procedure, the Local Rules of this Court, and any other orders of this Court. Unless explicitly stated in this Order, nothing displaces any part of these aforementioned rules or orders.

         2. Form and Timing of Designation. A party may designate Documents as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL” on the Document in a manner that will not interfere with the legibility of the Document and that will permit complete removal of the CONFIDENTIAL designation. Documents shall be designated CONFIDENTIAL prior to or at the time of the production or disclosure of the Documents. The designation “CONFIDENTIAL” does not mean that the Document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

         3. Documents Which May be Designated. Any party may designate Documents as CONFIDENTIAL upon making a good faith determination that the Documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, or such other sensitive commercial information that is not publicly available. Public records and other information or Documents that are publicly available may not be designated as CONFIDENTIAL.

         4. Depositions. Deposition testimony shall be deemed CONFIDENTIAL only if designated as such. Such designation shall be specific as to the portions of the transcript (i.e., pages and lines) or to any exhibit to be designated as CONFIDENTIAL. A party wishing to designate any portion of a deposition transcript or any portion of a deposition exhibit as CONFIDENTIAL shall serve its designations upon all other parties within thirty (30) days after receiving the transcript of the deposition. Thereafter, the deposition transcripts and any those portions so designated shall be protected as CONFIDENTIAL, pending objection, under the terms of this Order.

         5. Protection of Confidential Material.

a. General Protections. Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties, counsel for the parties, or any other persons identified in Section 5(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal.
b. Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL Documents to any third person or entity except as set forth below in subsections (1)-(5). Subject to these requirements, the following categories of persons may be allowed to review Documents that have been designated CONFIDENTIAL:
(1) Counsel. Counsel for the parties and employees and agents of counsel who have responsibility for the preparation and trial of the action.
(2) Parties. Parties to this Order and, in the case of a corporation or other business entity, any employees of the corporation or other business entity by written consent of the producing party, but only after such employees of the corporation or other business entity have completed the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound.
(3) Court Reporters and Recorders. Court reporters and recorders engaged for depositions.
(4) Consultants, Investigators and Experts. Consultants, investigators, or experts (collectively referred to as “Experts”) employed by the parties or counsel for the parties to assist in the preparation and trial of this action or proceeding, but only after such persons have completed the certification contained ...

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