United States District Court, S.D. Ohio, Western Division, Dayton
MICHAEL R. DEWINE (0009181) Attorney General of Ohio
Jeffrey M. Silverstein (0016948), George M. Reul, Jr.
(0069992) FREKING MYERS & REUL LLC Attorneys for
C. Piersall (0078085), Scott H. DeHart (0095463), Zashin
& Rich Co., LPA Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
L Ovington, United States Magistrate Judga
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
ORDERED, ADJUDGED AND DECREED that:
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.
Form and Timing of Designation.
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.
Documents That May be Designated CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER.
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.
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.
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
¶ 5(b) for any purpose whatsoever other than to prepare
for and to conduct ...