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Wheeler v. City of Columbus

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

February 12, 2018

SARAH A. WHEELER, Plaintiff,
v.
CITY OF COLUMBUS, Defendant

          SAMUEL M. SCHLEIN (0092194), JOHN S. MARSHALL (0015160), EDWARD R. FORMAN (0076651), MARSHALL AND FORMAN LLC

          JENNIFER L. SHEA (0085239) ASSISTANT CITY ATTORNEYS, ATTORNEYS FOR DEFENDANTS

          JUDGE MARBLEY

          AGREED PROTECTIVE ORDER

          CHELSEY M. VASCURA, MAGISTRATE JUDGE

         The parties, by and through their legal counsel, stipulate and agree to the terms of this Order, under Fed.R.Civ.P. 26(c). The parties further agree that the terms of this Agreed Protective Order shall remain in place until further order of the Court. The Court, having reviewed the agreement and stipulation of the parties, finds that good cause supports the entry of such an order and that justice so requires. 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 that 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- SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. The designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” 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 - SUBJECT TO PROTECTIVE ORDER.

         Any party may designate documents as CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER 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 medical or psychiatric information. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         4. Depositions.

         Deposition testimony shall be deemed CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER. Thereafter, the deposition transcripts and any of those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this Order.

         5. Protection of ...


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