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Davis v. Restoration Hardware, Inc.

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

November 6, 2017

JENNIFER DAVIS, Plaintiff,
v.
RESTORATION HARDWARE, INC., Defendant.

          Matthew J.P. Coffman Coffman Legal, LLC Peter A. Contreras Contreras Law, LLC Attorneys for Plaintiff

          (Kathryn) Ellen Toth Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Attorney for Defendant

          The Honorable Algenon L. Marbley J.

          STIPULATED PROTECTIVE ORDER

          KIMBERLY A. JOLSON, MAGISTRATE JUDGE.

         The Parties to this Stipulated Protective Order, Plaintiff Jennifer Davis (“Plaintiff”) and Defendant Restoration Hardware, Inc. (“Defendant”) (collectively, the “Parties”), have agreed to the 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, and all other materials (hereinafter collectively “documents”) that contain information that has been designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, ” pursuant to Paragraph 4 of this Order (“Confidential Information”), or information derived directly therefrom, shall be subject to this Order. This Order shall also apply to any photocopy, duplicate, computer file or printout, compilation, synopsis, summary, quotation, digest or notes (or any portion thereof) that includes Confidential Information. This Order is subject to the Local Rules of this Court and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Form 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.

         3. Timing of Designation.

         Documents shall be designated CONFIDENTIAL prior to, or at the time of, the production or disclosure of the documents. Failure to designate documents as CONFIDENTIAL at or before the time of production shall not preclude the disclosing individual or entity from thereafter, but no more than fifteen (15) business days after production, in good faith making such a designation and requesting the receiving party to so mark and treat such documents or other media so designated from the time of such designation forward. After such designation, such documents or other media shall be fully subject to this Order. No individual or entity shall incur liability for disclosures made prior to notice of such designation.

         4. Documents Which May be Designated CONFIDENTIAL.

         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; financial information; 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.

         5. Depositions.

         Designated portions of deposition testimony shall be considered CONFIDENTIAL by a statement on the deposition record or by a written statement furnished to the opposing counsel of record and the official court reporter within ten (10) business days of such testimony. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL. Thereafter, the deposition transcripts and any of those portions so designated shall be protected as CONFIDENTIAL, pending objection, under the terms of this Order.

         6. Use and Disclosure of ...


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