United States District Court, S.D. Ohio, Eastern Division
P. JONATHAN MEYER, et al. Plaintiffs/Counter-Defendants, jointly and severally with Third-Party Defendants,
BANK OF AMERICA, N.A. Defendant/Counter-Plaintiff/Third-Party Plaintiff,
STANBERY ENGLISH VILLAGE, LP, et al. Third-Party Defendants, jointly and severally with Counter-Defendants.
Matthew S. Zeiger Counsel for Plaintiffs/Counter-Defendants
Johnston Counsel for Defendant/Counter- Plaintiff
George C. Smith, Judge.
STIPULATED PROTECTIVE ORDER
KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE
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:
NATURE OF INFORMATION AND MATERIALS PROTECTED
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).
Confidential Information of Non-Parties.
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
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.
Exceptions to Confidential Status.
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
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.
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.
RESTRICTIONS ON ACCESS TO CONFIDENTIAL INFORMATION
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
(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 ...