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Johansen v. Modernize, Inc.

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

June 21, 2017

KEN JOHANSEN, Plaintiff,
MODERNIZE, INC., Defendant.

          Brian K. Murphy, Anthony I. Paronich, Edward A. Broderick, Broderick & Paronich P.C., Joseph F. Murray, Geoffrey J. Moul, Jonathan P. Misny, Murray Murphy Moul Basil LLP, Matthew P. McCue, Law Office of Matthew P. McCue Attorneys for Plaintiff Ken Johansen

          Aaron M. Scolari, Loriann E. Fuhrer, KEGLER BROWN HILL RITTER CO., LPA, Aaron M. Scolari, Rogers Joseph O'Donnell, PC, Attorneys for Defendant Modernize, Inc.



         The undersigned parties, collectively the “Parties, ” by and through counsel, have stipulated and agreed to the entry of a confidentiality and protective order (the “Order”) governing the disclosure and handling of confidential information. Documents and information produced by the Parties, a third party, or a non-party in this litigation may be confidential or proprietary in nature. The Court, having reviewed the agreement and stipulations of the Parties, finds that good cause supports the entry of such an Order and that justice so requires.

         Accordingly, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, S.D. Ohio Civil Rule 79.3, and Rule 502(d) of the Federal Rules of Evidence, it is hereby ordered that all information, testimony, documents, ESI, and other things, disclosed or produced under the provisions of this Order, or otherwise disclosed by the Parties or a non-party in discovery shall be subject to the terms and provisions set forth below.

         1. Except as provided in Paragraph 2 of this Order, all documents and information produced by the Parties in this litigation that are labeled in good faith by counsel as “Confidential” within the meaning of Federal Rule of Civil Procedure 26(c), shall be maintained confidentially and used solely for the purposes of this action. Counsel may designate as “Confidential” any documents produced prior to the effective date of this Order by written notice that identifies the documents by bates number or by other reasonably identifying means. Such documents shall be held subject to this Order as of the date of their designation. The parties hereby agree to abide by the terms of this Order upon its execution and filing with the Court, even though not yet entered by the Court.

         2. The following documents or information of the Parties shall not be held as confidential information by the Parties subject to this Order:

(a) documents or information which at the time of disclosure are part of the public domain or record;
(b) documents or information which after its disclosure becomes part of the public domain or record through no act, omission, or fault of the Parties hereto; and
(c) documents or information which are rightfully in the possession of a Receiving Party, its counsel of record, or experts, under no obligation of confidence.

         3. The term “document(s)” means all originals of any nature whatsoever, identical copies and all non-identical copies thereof pertaining to any medium upon which intelligence or information is recorded including, without limiting the generality of the foregoing, punch cards, print out sheets, video or movie film, slides, phonographs, records, photographs, microfilm, notes, letters, memoranda, ledgers, work sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, e-mails, text messages, online posts, electronically stored information (“ESI”), facsimiles, telegrams, drafts, data processing discs or tapes, and computer produced interpretations thereof, x rays, instructions, announcements, schedules, price lists, and mechanical or electrical sound recordings and transcripts thereof in the possession, custody or control of a party, or that party's agents, servants or employees. The term “document(s)” shall be understood to encompass the contents of confidential materials, summaries or abstracts thereof, notes taken thereon or like recapitulations thereof.

         4. “Information” shall be understood to include, but not be limited to, testimony, particularly transcripts, memoranda or other documentation of testimony, information obtained from employees of a party regarding that party's business and also the substance of such testimony or information, summaries or abstracts thereof, notes taken thereon, or like recapitulations thereof.

         5. If the Producing Party believes in good faith that documents and/or information to be disclosed or produced to the Receiving Party is confidential, the Producing Party shall mark the document, article, or thing containing such information as “CONFIDENTIAL”.

         6. Access to and disclosure of documents and/or information designated as ...

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