United States District Court, S.D. Ohio, Western Division
A. Saba, Jeffrey M. Nye Stagnaro, Saba & Patterson Co.,
LPA Counsel for S&S Healthcare
Maureen A. Bickley Stephen R. Hernick Frost Brown Counsel for
Three Rivers Provider Network
William O. Bertelsman Judge
AGREED PROTECTIVE ORDER
L. LITKOVITZ MAGISTRATE JUDGE
parties have agreed to entry of this Order protecting the
confidentiality of certain proprietary business information.
Pursuant to the Federal Rules of Civil Procedure, the parties
agree that all information exchanged during the course of
discovery in this matter may be protected against unnecessary
disclosure as follows:
Scope of Order.
Order shall govern all materials produced by the parties in
response to any formal discovery requests in this action
(including, but not limited to, deposition testimony,
documents produced or things inspected pursuant to Rules 26,
34, or 45 of the Federal Rules of Civil Procedure, answers to
requests for admissions, and answers to interrogatories), or
any information contained in those materials, and all copies,
excerpts, or summaries of those materials (collectively,
Non-Partv Discovery Material.
Order shall also govern all Discovery Material produced
during discovery by any non-parties, but only when a party or
producing non-party requests the protections provided by this
"Confidential" Discovery Material.
Discovery Material produced by any party throughout this
litigation, which the party in good faith deems to be
confidential, may be designated as confidential
("Confidential Discovery Material"). A party
wishing to designate any Discovery Material as Confidential
shall do so by marking it "Confidential" on its
face, on the electronic media containing the Discovery
Material, in the name of the electronic folder containing the
Discovery Material, or by any other means reasonably
sufficient to place the receiving party on notice that the
Discovery Material is intended to be designated as
Confidential. Once Discovery Material is designated as
Confidential Discovery Material, it is expressly subject to
this Order. All Discovery Material produced without an
express designation of confidentiality shall not be subject
to this Order.
Deposition testimony may also be designated confidential by
an indication on the record at the deposition, or by written
notice within a reasonable time of not less than 10 days
following the date of the deposition. Each party shall attach
a copy of such written notice or other label or legend to any
copies of the depositions in its possession, custody, or
control. Any deposition testimony designated as confidential
shall constitute Confidential Discovery Material, as that
term is defined in this Order. All depositions or portions
thereof for which confidentiality is requested on the record
shall be treated as confidential for a period of at least 10
days after the deposition transcript is available.
Confidential Discovery Material may be used solely for
purposes of this litigation, and may not be used ...