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Cutcliffe v. Wright State University

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

May 29, 2018

JOHN CUTCLIFFE, Plaintiff,
v.
WRIGHT STATE UNIVERSITY, Defendant.

          MICHAEL R. DEWINE (0009181) Attorney General of Ohio

          Jeffrey M. Silverstein (0016948), George M. Reul, Jr. (0069992) FREKING MYERS & REUL LLC Attorneys for Plaintiff

          Drew C. Piersall (0078085), Scott H. DeHart (0095463), Zashin & Rich Co., LPA Attorneys for Defendant

          STIPULATED PROTECTIVE ORDER

          Sharon L Ovington, United States Magistrate Judga

         This case is before the Court on the parties' joint motion to approve a proposed Stipulated Protective Order pursuant to Fed.R.Civ.P. 26(C). The Court finds that the discovery and relief sought in this action may require the production of confidential, proprietary, private, and/or sensitive information about Plaintiff and/or Defendant and/or Defendant's current and former employees and students, and that the entry of this Order is needed to protect the confidentiality of such information. The joint motion is therefore GRANTED.

         IT IS ORDERED, ADJUDGED AND DECREED that:

         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.

         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. When electronically stored information is produced which cannot itself be marked with the designation CONFIDENTIAL, the physical media on which such electronically stored information is produced shall be marked with the applicable designation. The party receiving such electronically stored information shall then be responsible for labeling any copies that it creates thereof, whether electronic or paper, with the applicable designation. By written stipulation the parties may agree temporarily to designate original documents that are produced for inspection CONFIDENTIAL, even though the original documents being produced have not themselves been so labeled. All information learned in the course of such an inspection shall be protected in accordance with the stipulated designation. The copies of documents that are selected for copying during such an inspection shall be marked CONFIDENTIAL, as required under this Order and thereafter the copies shall be subject to protection under this Order in accordance with their designation. 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 That 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 personal information, medical or psychiatric information, personnel records, education records, or such other sensitive information that is not publicly available. 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 those portions so designated shall be protected as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this Order.

         5. Protection of Confidential Material.

(a) General Protections. Documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ΒΆ 5(b) for any purpose whatsoever other than to prepare for and to conduct ...

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