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Shvetz Properties, LLC v. Muskingum River Development, LLC

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

May 25, 2017

SHVETZ PROPERTIES LLC, Plaintiff,
v.
MUSKINGUM RIVER DEVELOPMENT, LLC and ENVIRONMENTAL REMEDIATION AND FINANCIAL SERVICES, LLC, Defendants.

          Elizabeth P. Deavers, Magistrate Judge

          STIPULATED CONFIDENTIALITY AGREEMENT AND AGREED PROTECTIVE ORDER

          Edmund A. Sargus, Jr., Chief judge

         Plaintiff 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:

         1. Scope.

         All 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 time periods.

         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 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 Order.

         3. Documents Which May be Designated CONFIDENTIAL.

         Any 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.

         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 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 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 ¶ 5fb) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action], including any appeal thereof.

         (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 in subparagraphs (1)-(7)- 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) ...


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