United States District Court, S.D. Ohio, Eastern Division
Elizabeth P. Deavers, Magistrate Judge
STIPULATED CONFIDENTIALITY AGREEMENT AND AGREED
A. Sargus, Jr., Chief judge
Shvetz Properties ("Plaintiff) and Defendants Muskingum
River Development, LLC ("MRD") and Environmental
Remediation and Financial Services, LLC
(""ERFS") (together, "Defendants")
(individually, a "party, " and collectively, the
"parties"), by their respective counsel, pursuant
to Rule 26(c) of the Federal Rules of Civil Procedure, have
stipulated and agreed to the following terms of this Order;
accordingly it is ORDERED:
documents produced in the course of discovery, including
initial disclosures, all responses to discovery requests, all
deposition testimony and exhibits, other materials which may
be subject to restrictions on disclosure for good cause and
information derived directly therefrom (hereinafter
collectively "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 the federal courts, this Order shall
be strictly construed in favor of public disclosure and open
proceedings wherever possible. The Order is also subject to
the Local Rules of this District and the Federal Rules of
Civil Procedure on matters of procedure and calculation of
Form and Timing of Designation.
may designate documents as confidential and restricted in
disclosure under this Order by placing or affixing the words
"CONFIDENTIAL" on the document Cor, in the case of
electronically-stored information produced in native format,
in the file name when produced) 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
Documents Which May be Designated CONFIDENTIAL.
party may designate documents or information 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.
testimony shall be deemed CONFIDENTIAL only if designated as
such. Such designation shall be specific as to the portions
of the transcript or any exhibit to be designated as
CONFIDENTIAL. Thereafter, the portions of the deposition
transcripts and any exhibits so designated shall be protected
as CONFIDENTIAL, pending objection, under the terms of this
Protection of Confidential Material.
designated CONFIDENTIAL under this Order shall not be used or
disclosed by the parties, counsel for the parties or any
other persons identified in ¶ 5fb) for any purpose
whatsoever other than to prepare for and to conduct discovery
and trial in this action], including any appeal thereof.
Limited Third-Party Disclosures.
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 in subparagraphs
(1)-(7)- Subject to these requirements, the following
categories of persons may be allowed to review documents that
have been designated CONFIDENTIAL:
for the parties and employees and agents of counsel who have
responsibility for the preparation and trial of the action;