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Lewis v. PNC Bank, N.A.

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

April 5, 2018

STEVIE LEWIS F.K.A. STEVIE BOOHER, Plaintiff,
v.
PNC BANK, N.A., ET AL., Defendant.

          Alicia Bond-Lewis H. Toby Schisler, Esq. (0068306) Alicia A. Bond-Lewis, Esq. (0087437) DINSMORE & SHOHL, LLP Attorneys for Defendant, PNC Bank, NA

          Brian D. Flick (0081605). Marc E. Dann (0039425) Daniel M. Solar (0085632) THE DANN LAW FIRM CO., L.P.A. Counsel for Plaintiff

          Magistrate Judge Michael Newman

          AGREED PROTECTIVE ORDER

          THOMAS M. ROSE, JUDGE

         The Court, recognizing that the Parties and their witnesses may possess private and confidential financial information or commercial information that may be subject to discovery in this action and that there is good cause for an Order providing confidential treatment for such confidential information, and the parties having agreed, hereby ORDERS as follows:

         1. Any Party may designate information or documents produced or furnished by that Party or a third party during the course of this proceeding as “Confidential Information.” A Confidential Information designation shall constitute a representation by the Party and its counsel that they, in good faith, believe that the material so designated contains or constitutes, at the time of the designation, commercial or business information, personal information, or other information of a non-public nature considered by the producing Party to be confidential and/or proprietary.

         Any document or information that a Party deems to contain Confidential Information and that is furnished by such Party shall be conspicuously labeled by such Party on each page of such document with the designation “Confidential.” If a Party deems any documents or information furnished by a third party to contain Confidential Information, that Party shall designate such documents or information Confidential by informing the other Party in writing and identifying the specific documents and information it seeks to designate as Confidential.

         2. A Party may designate information or documents produced or furnished by that Party or a third party during the course of this proceeding as “Confidential Customer Information - Attorneys' Eyes Only.” A Confidential Customer Information - Attorneys' Eyes Only designation shall constitute a representation by the Party and its counsel that they, in good faith, believe that the material so designated contains or constitutes, at the time of the designation, Confidential Customer Information which includes without limitation, policies and procedures, customer and consumer information (including names, addresses, telephone numbers, account numbers, demographic, financial, and transactional information or customer lists and non-public personal information of consumers as defined by the Gramm-Leach-Bliley Act (Pub. L. 106-102), Section 628 of the Fair Credit Reporting Act, Section 216 of the Fair and Accurate Credit Transactions Act and any implementing regulations or guidelines).

         Any document or information that a Party deems to contain Confidential Customer Information and that is furnished by such Party shall be conspicuously labeled by such Party on each page of such document with the designation “Confidential Customer Information - Attorneys' Eyes Only.” If a Party deems any documents or information furnished by a third party to contain Confidential Customer Information, that Party shall designate such documents or information Confidential Customer Information by informing the other Party in writing and identifying the specific documents and information it seeks to designate as Confidential Customer Information.

         Except upon the prior written consent of the designating party or upon further Order of this Court, documents and information designated Confidential Customer Information - Attorneys' Eyes Only may be disseminated or disclosed only to the following persons:

(a) The Court, persons employed by the Court, and stenographers transcribing the testimony or argument at a hearing, trial, or deposition in the instant action or any appeal therefrom; and
(b) Counsel of record in this case, including both outside counsel and in-house lawyers, and other members of said counsel's respective law firms, clerical, paralegal, and secretarial staff regularly employed by such counsel.

         3. Any Party may designate information or documents produced or furnished by that Party or a third party during the course of this proceeding as “Confidential Attorneys' Eyes Only.” A Confidential Attorneys' Eyes Only designation shall constitute a representation by the Party and its counsel that they, in good faith, believe that the material so designated contains or constitutes, at the time of the designation, information that is especially sensitive, which may include, but is not limited to, confidential research and development, financial, technical, marketing, customer, and any other sensitive trade secret information, or information capable of being utilized for the preparation or prosecution of a patent application dealing with such subject matter.

         Any document or information that a Party deems to contain Confidential Attorneys' Eyes Only information and that is furnished by such Party shall be conspicuously labeled by such Party on each page of such document with the designation “Confidential Attorneys' Eyes Only - Subject To A Protective Order.” If a Party deems any documents or information furnished by a third party to contain Confidential Attorneys' Eyes Only information, that Party shall designate such documents or information Confidential Attorneys' Eyes Only by ...


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