United States District Court, S.D. Ohio, Eastern Division
ALGENON L. MARBLEY JUDGE
STIPULATED PROTECTIVE ORDER
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE
ORDERED that this Stipulated Protective Order shall govern
the above-captioned case as follows:
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.
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.
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.
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.
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
(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 ...