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Meyer v. Bank of America, N.A.

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

June 19, 2018

P. JONATHAN MEYER, et al. Plaintiffs/Counter-Defendants, jointly and severally with Third-Party Defendants,
v.
BANK OF AMERICA, N.A. Defendant/Counter-Plaintiff/Third-Party Plaintiff,
v.
STANBERY ENGLISH VILLAGE, LP, et al. Third-Party Defendants, jointly and severally with Counter-Defendants.

          Matthew S. Zeiger Counsel for Plaintiffs/Counter-Defendants

          Amy M. Johnston Counsel for Defendant/Counter- Plaintiff

          Hon. George C. Smith, Judge.

          STIPULATED PROTECTIVE ORDER

          KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE

         Pursuant to Fed.R.Civ.P. 26(c), Plaintiffs/Counter-Defendants P. Jonathan Meyer, Mark Pottschmidt and Raymond Brunt (“Plaintiffs”), Defendant/Counter-Plaintiff Bank of America (“BoA”), and Third-Party Defendants Stanbery English Village, LP, The Shoppes at Union Hill, LLC, and Stanbery Harrisburg, LP (“Third-Party Defendants”), collectively referred to as “the Parties, ” agree that all discovery and filings with the Court containing Confidential Information in this action shall be subject to the terms of this Order:

         A. NATURE OF INFORMATION AND MATERIALS PROTECTED

         1. Applicability.

         Parties and non-parties may, pursuant to the terms of this Order, designate as confidential certain information qualifying as Confidential Information that is produced in discovery (including confidential portions of depositions, documents produced, answers to interrogatories, responses to requests for admissions, and all other discovery taken pursuant to the Federal Rules of Civil Procedure).

         2. Confidential Information of Non-Parties.

         The term “producing party” encompasses not only the Parties to this action but also non-parties who may disclose or produce information, e.g., in response to a subpoena.

         3. Confidential Information is information in written, oral, electronic, graphic/pictorial, audiovisual, or other form, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise, which is designated as Confidential Information by the producing party, which is considered by the producing party in good faith to contain, reflect, or comment upon trade secrets, or non-publicly available information that is proprietary, financial, private, or personal in nature, or that is sensitive commercial information.

         4. Exceptions to Confidential Status.

         Information will not be deemed confidential, and the Parties shall use reasonable efforts to ensure that information is not designated as such, if the content or substance thereof:

(a) is at the time of production or disclosure, or subsequently becomes, through no wrongful act or failure to act on the part of the receiving party, generally available to the relevant public through publication or otherwise; or
(b) is disclosed to the receiving party by a non-party without breach of an obligation of confidence to the producing party.

         5. [Reserved]

         6. Information designated as “CONFIDENTIAL” and information derived therefrom shall be used only by the receiving party solely for the purpose of the prosecution or defense of this matter or in this case and only in accordance with the terms of this Order. Under no circumstances may information designated as “CONFIDENTIAL” be used for any competitive purpose.

         7. Nothing in this Order shall bar or otherwise restrict counsel for the Parties named herein from rendering legal advice to his or her client with respect to this litigation and, in the course thereof, relying upon his or her examination of Confidential Information; provided, however, that in rendering such advice and in otherwise communicating with his or her client, such person shall not make any disclosure of Confidential Information to any person not entitled to have access to it.

         B. RESTRICTIONS ON ACCESS TO CONFIDENTIAL INFORMATION

         1. Information designated as “CONFIDENTIAL” shall be maintained in confidence by counsel of record for the party to whom such information is produced or given and shall not be disclosed to any other person in this litigation or in any subsequent litigation except:

(a) The Parties to this action, which in the case of corporate parties shall include those officers, directors, in-house counsel, and employees of the corporate parties deemed reasonably necessary to aid counsel in the prosecution or defense of this action, who shall be required to abide by this Order.
(b) Outside counsel representing a named party in this action and their paralegal, clerical and secretarial staff who shall be required to abide by this Order.
(c) Any witness testifying in this action, pursuant to the terms of this Order.
(d) Non-party expert witnesses or consultants engaged by counsel of record to a party to assist such counsel in the prosecution or defense of this action, in the ...

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