United States District Court, S.D. Ohio, Eastern Division
Patrick Kasson, Jackie M. Jewell, Remlnger Co., LP.A. Counsel
for Defendant Wal-Mart.
P. Friedman Attorneys for Plaintiffs.
AGREED PROTECTIVE ORDER
Vascura Magistrate Judge.
parties have agreed to and have submitted to the Court, and
for good cause shown the Court hereby enters, the following
Protective Order shall govern the disclosure of materials
designated as Confidential Material during the course of
discovery. Confidential Material, as used in this Order,
shall refer to any document or item designated as
Confidential or Highly Confidential -Attorneys' Eyes
Only, including but not limited to, documents or items
produced during discovery, all copies thereof, and the
information contained in such material.
Confidential Material, as used in this Order, consists of the
following materials and categories of materials:
a. Materials relating to any privileged, confidential, or
nonpublic information, including, but not limited to, trade
secrets, research, design, development, financial, technical,
marketing, planning, personal, or commercial information, as
such terms are used in the Federal Rules of Civil Procedure
contracts; proprietary information; vendor agreements;
personnel files; and claim/litigation information.
b. Materials containing corporate trade secrets, nonpublic
research and development data, pricing formulas, prospective
inventory management programs, confidential business
information not generally known to the general public, and
customer-related Protected Data are considered Highly
Confidential Material and shall be deemed
"ATTORNEYS' EYES ONLY". Qualified recipients of
materials marked "ATTORNEYS' EYES ONLY" shall
include only the following: In-house counsel and law firms
for each party and the secretarial, clerical and paralegal
staff of each.
c. Protected Data shall refer to any information that a party
believes in good faith to be subject to federal, state or
foreign data protection laws or other privacy obligations.
Examples of such data protection laws include but are not
limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801
et seq. (financial information); and, The Health Insurance
Portability and Accountability Act and the regulations
thereunder, 45 CFR Part 160 and Subparts A and E of Part 164
(medical information). Certain Protected Data may compel
alternative or additional protections beyond those afforded
Highly Confidential Material, in which event the parties
shall meet and confer in good faith, and, if unsuccessful,
shall move the Court for appropriate relief.
any party seeks to designate additional documents or
categories of documents as Confidential Material, it will be
the burden of the party seeking protected status to move for
a Court Order designating the materials as confidential after
the parties confer.
parties agree that such Confidential Material as described in
paragraph 2 should be given the protection of an order of
this Court to prevent injury through disclosure to persons
other than those person involved in the prosecution or
defense of this litigation.
designate information as confidential, the producing party
shall mark Confidential Material with the legend
"CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER" or
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY SUBJECT
TO PROTECTIVE ORDER" and shall submit confidential
discovery, such as answers to interrogatories or answers to
requests for admissions, in a separate document stamped with
the appropriate legend. The Receiving Party may make copies
of Confidential Material and such copies shall become subject
to the same protections as the Confidential Material from
which those copies were made.
a. Information on a disk or other electronic format may be
designated confidential by marking the storage medium itself
with the legend "CONFIDENTIAL- SUBJECT TO PROTECTIVE
ORDER" or "HIGHLY CONFIDENTIAL, ATTORNEYS' EYES
ONLY - SUBJECT TO PROTECTIVE ORDER." The Receiving Party
shall mark any hard-copy printouts and the storage medium of
any permissible copies of such electronic material with the
corresponding legend contained on the original and such
copies shall ...