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Spielman v. IMG College, LLC

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

May 18, 2018

CHARLES C. SPIELMAN aka CHRIS SPIELMAN, on behalf of himself and all others similarly situated, Plaintiff,
v.
IMG COLLEGE, LLC, et al., Defendants.

          JOSEPH A. CASTRODALE, GREGORY J. PHILLIPS, JAMES E. VON DER HEYDT BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP ATTORNEYS FOR DEFENDANTS IMG COLLEGE, LLC; IMG WORLDWIDE, INC.; WME ENTERTAINMENT; INTERNATIONAL MANAGEMENT GROUP; OHIO STATE SPORTS MARKETING

          BRIAN K. DUNCAN BKD LEGAL, LLC TRIAL ATTORNEY FOR PLAINTIFF CHARLES C. SPIELMAN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED

          GREGORY P. BARWELL WESP BARWELL LLC, SAMIR B. DAHMAN, ALEXIS V. PRESKAR KOHRMAN JACKSON & KRANTZ LLP CO-COUNSEL FOR PLAINTIFF CHARLES C. SPIELMAN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED

          MICHAEL H. WATSON JUDGE

          STIPULATION AND ORDER FOR THE PROVISION OF CONFIDENTIAL INFORMATION

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         WHEREAS, the parties to the above-captioned action (the “Litigation”), by and through their undersigned counsel, are engaged in a voluntary exchange of information not subject to the discovery rules, and receiving information from each other and third parties for the purpose of understanding the dispute; and

         WHEREAS, that exchange and receipt will involve the provision of certain information that one or more of the parties to the Litigation (the “Parties, ” each a “Party”) and/or others believe to be confidential and sensitive information;

         IT IS HEREBY STIPULATED AND AGREED by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, that this Stipulation and Order for the Production and Exchange of Confidential Information (the “Stipulation”) shall govern the handling of information exchanges of all kinds (“Disclosed Material”) by any Party or non-Party providing Disclosed Material (each a “Providing Party”) to a Party to this action (a “Receiving Party”) related in any way to this Litigation during the pendency thereof.

         1. Any Providing Party may designate any Disclosed Material as “Confidential” or “Confidential - Attorneys' Eyes Only” under the terms of this Stipulation if such Providing Party reasonably believes in good faith that such Disclosed Material contains non-public, confidential, proprietary, or commercially sensitive information that requires the protections provided in this Stipulation (“Confidential Disclosed Material”).

         2. The designation of Disclosed Material as Confidential Disclosed Material or Confidential - Attorneys' Eyes Only Disclosed Material shall be made in the following manner:

A. In the case of documents or other materials: (i) by affixing the legend “Confidential” or “Confidential - Attorneys' Eyes Only” to each page containing any Confidential Disclosed Material; or (ii) in the case of electronically stored information produced in native format, by including “Confidential” or “Confidential - Attorneys' Eyes Only” in the file or directory name, or by affixing the legend “Confidential” or “Confidential - Attorneys' Eyes Only” to the media containing the Confidential Disclosed Material (e.g., CD-ROM, floppy disk, DVD).
B. In the case of oral information disclosure, by written notice, sent to all Parties before or within 5 business days after the disclosure.
C. In the case of any other Disclosed Material, by written notice that the Disclosed Material constitutes Confidential or Confidential - Attorneys' Eyes Only Disclosed Material.

         3. The designation of Disclosed Material as Confidential or Confidential - Attorneys' Eyes Only Disclosed Material shall constitute a representation that such material has been reviewed by an attorney representing the Party making the designation, and that there is a good faith basis for such designation.

         4. Inadvertent failure to designate Disclosed Material as Confidential or Confidential - Attorneys' Eyes Only Disclosed Material shall not constitute a waiver of such claim and may be corrected. A Providing Party may designate as Confidential or Confidential - Attorneys' Eyes Only any Disclosed Material that has already been produced, including Disclosed Material that the Providing Party inadvertently failed to designate as such, (i) by notifying in writing the Party to whom the production has been made that the Disclosed Material constitutes Confidential or Confidential Attorneys' Eyes Only Disclosed Material, or (ii) in a manner consistent with Paragraph 2. Upon receiving such supplemental notice, the Parties shall thereafter mark and treat the Disclosed Material so designated as Confidential or Confidential - Attorneys' Eyes Only Disclosed Material, and such Disclosed Material shall be fully subject to this Stipulation from the date of such supplemental notice forward. The Receiving Party shall make a reasonable, good-faith effort to ensure that any analyses, memoranda, notes, or other such materials generated based upon such newly designated information are immediately treated as containing Confidential Disclosed Material. In addition, upon receiving such supplemental written notice, any Receiving Party that disclosed the Disclosed Material prior to its designation as Confidential or Confidential - Attorneys' Eyes Only shall exercise its best efforts (i) to ensure the return or destruction of such Disclosed Material, (ii) to ensure that any documents or other materials derived from such Disclosed Material are treated as if the Disclosed Material had been designated as “Confidential” or “Confidential - Attorneys' Eyes Only” when originally produced, (iii) to ensure that such Disclosed Material is not further disclosed except in accordance with the terms of this Stipulation and Order, and (iv) to ensure that any such Disclosed Material, and any information derived therefrom, is used solely for the purposes authorized by the express terms of this Stipulation and Order. To the extent that disclosures are sought or made concerning Confidential or Confidential - Attorneys' Eyes Only Disclosed Material during mediation or in any other pre-trial venue, any Party may exclude any person from the venue if the Confidential or Confidential - Attorneys' Eyes Only Disclosed Material may not be disclosed to such person under the terms of this Stipulation.

         5. Confidential Disclosed Material may be disclosed, summarized, described, characterized, or otherwise communicated or made available in whole or in part only to the following persons:

A. The Parties and the officers and employees of the Parties, or any subsidiary or affiliate thereof, who are assisting with or making decisions concerning the Litigation, to the extent deemed reasonably necessary by counsel of record for the purpose of assisting in the ...

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