Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woodrow v. Nationwide Bank

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

May 21, 2018

FRANCIS WOODROW, individually and on behalf of all others similarly situated, Plaintiffs,
v.
NATIONWIDE BANK, Defendant.

          Michael H. Carpenter Trial Attorney Michael N. Beekhuizen Amber L. Merl Carpenter Lipps & Leland LLP Attorneys for Defendant Nationwide Bank.

          Matthew R. Wilson Michael J. Boyle, Jr. MEYER WILSON CO., LPA Attorneys for Plaintiff Woodrow and the proposed class.

          Edmund A. Sargus Magistrate Judge.

          AGREED PROTECTIVE ORDER

          CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE.

         This matter having come before the Court by agreement of the undersigned parties that a protective order intended to limit the review, copying, dissemination and filing of confidential documents and information produced by any party, or produced by or obtained from any non-party, in the course of discovery should be entered; the parties, by, between and among their respective counsel having agreed to the terms set forth herein and good cause having been shown; it is hereby ORDERED, ADJUDGED and DECREED that:

         1. This Agreed Protective Order is being entered to facilitate the production, exchange and discovery of documents, materials and information produced in response to any discovery request in this action or Court Order, or obtained from non-parties, including but not limited to, documents and other materials and information obtained through document requests, interrogatories, requests to admit or subpoena or in response to any Court Order, as well as any affidavit and deposition testimony, or transcript thereof, given in this action or documents or other materials marked as exhibits at any deposition, which the Designating Party believes in good faith merits confidential treatment (hereinafter collectively the “Document, ” “Documents, ” or “Testimony”).

         2. As used herein, “Confidential Information” subject to this Protective Order shall include all Documents and Testimony, and the information or materials contained therein, if such Documents and Testimony contain: (a) proprietary business information and/or other confidential research, development, or commercial information; (b) information required to be kept confidential or protected pursuant to the Gramm-Leach-Bliley Act, any rules or regulations promulgated thereunder including 16 C.F.R. Part 314, and any applicable state law equivalents; (c) competitively sensitive information, including, without limitation, information that reveals trade secrets; (d) customer data, including, without limitation, nonpublic personal information as defined in 16 CFR 313.3(n) about a customer; (e) personal identifying information and/or non-public information regarding individuals, employees, customers, clients, and other persons and/or non-parties including, without limitation, social security numbers, telephone numbers, account numbers, or other personal financial information (collectively referred to as “personal identifying information” or “PII”); or (f) medical information concerning any individual.

         3. As used herein, “Attorneys' Eyes Only Information” includes highly competitive sensitive information, trade secrets, proprietary business information, PII, or other information the disclosure of which to any person not authorized by this Agreed Protective Order, in the good faith judgment of the party designating the material as “Attorneys' Eyes Only Information, ” would result in significant competitive injury to the Designating Party's business or operations.

         4. Any Producing Party or Designating Party (if not the same) may designate a Document or Documents as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, ” or something similar, on the Document and all copies in a manner that will not interfere with the legibility of the Document. As used in this Order, “copies” includes all electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. Any Producing Party or Designating Party (if not the same) may designate a Document or Documents as Attorneys' Eyes Only Information for protection under this Order by placing or affixing the words “ATTORNEYS' EYES ONLY INFORMATION - SUBJECT TO PROTECTIVE ORDER, ” or something similar, on the Document and all copies in a manner that will not interfere with the legibility of the Document. In the case of Confidential Information or Attorneys' Eyes Only Information disclosed in a non-paper medium (e.g., videotape, audiotape, computer disks, etc.), the appropriate designation shall be affixed on the outside of the medium or its container so as to clearly give notice of the designation.

         5. Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No. later than the thirtieth day after the official transcript is delivered to any party or the witness, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information and/or Attorneys' Eyes Only Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. Additionally, a party may designate a Document, or Documents, or Testimony as Attorneys' Eyes Only Information by stating on the record of a deposition that the Document or Testimony constitutes Attorneys' Eyes Only Information. If a Designating Party has advised the court reporter that Confidential Information or Attorneys' Eyes Only Information has been disclosed during the deposition, the court reporter shall include on the cover page the following indication: “Deposition Contains Confidential or Attorneys' Eyes Only Information Subject to Protective Order.” 6. As used herein, “Producing Party” shall mean the parties to this action and any non-parties (and their respective counsel) producing Confidential Information or Attorneys' Eyes Only Information in connection with depositions, discovery requests, subpoenas or otherwise.

         7. “Designating Party” shall mean any party designating Documents or Testimony, or any information or materials contained therein, as Confidential Information or Attorneys' Eyes Only Information, regardless of who produced the Documents or Testimony.

         8. “Receiving Party” shall mean the parties to this action and any non-parties (and their respective counsel) receiving Confidential Information or Attorneys' Eyes Only Information in connection with depositions, discovery requests, subpoenas or otherwise.

         9. A Receiving Party may designate portions of Documents or Testimony as Confidential Information or Attorneys' Eyes Only Information, and request that any Confidential Information or Attorneys' Eyes Only Information contained within the Documents or Testimony be redacted, within 30 days of the receipt of the Documents or Testimony, if the Producing Party has not already done so.

         10. A party may object to the designation of any Document or Testimony (or any portion thereof) as Confidential Information or Attorneys' Eyes Only Information by giving written notice to both the Producing Party and any Designating Party (if not the same). The written notice shall identity the Document or Testimony (or portion thereof) to which the objection is made. The parties shall, within fourteen (14) days of service of the written objection, confer concerning the objection. If the objection is not resolved, it shall be the obligation of the party objecting to the designation of the Document or Testimony (or portion thereof) as Confidential Information or Attorneys' Eyes Only Information to file, no later than fourteen (14) days after the parties' meet and confer, an appropriate motion requesting that the Court determine whether the disputed Document or Testimony (or portion thereof) should be subject to the terms of this Protective Order. In response to any such motion, the Producing Party or Designating Party shall bear the burden of establishing the confidentiality of any disputed material designated as Confidential Information or Attorneys' Eyes Only Information. The disputed designated Documents or Testimony shall continue to be treated consistently with their initial designation unless and until the Court rules otherwise.

         11. Except with the prior written consent of both the Producing Party and any Designating Party (if not the same) or by Order of the Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity except to:

(a) the named parties and their personnel actually engaged in assisting in the preparation of this action for trial or other proceeding herein, provided such persons have been advised of their obligations hereunder;
(b) counsel for the parties to this action and their associated attorneys, paralegals and other professional personnel (including support staff or third-party document support vendors or database/coding services) who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the supervision or control of such counsel, and have been advised by such counsel of their obligations hereunder;
(c) any expert retained for consulting or testifying purposes, as well as all assistants, stenographic, and clerical employees working under the supervision of such experts in connection with this action, provided such persons have executed the attached Agreement to Respect Confidential Information and Attorneys' Eyes Only Information (Exhibit A hereto);
(d) The Court and its personnel, subject to the restrictions of Paragraph 20;
(e) Court reporters, videographers, and their clerical personnel in connection with work on this action, provided such persons have executed the attached Agreement to Respect Confidential Information and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.