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Shirletta Sales v. I Supply Co.
United States District Court, S.D. Ohio, Western Division, Dayton
June 11, 2019
SHIRLETTA SALES, Plaintiff,
I SUPPLY COMPANY, et al., Defendants.
Shirletta Sales (pro se) Plaintiff.
A. LaPlante W. Irl Reasoner, Trial Attorney (0025798) Jamie
A. LaPlante (0082184) Jolene S. Griffith (0084940) BAILEY
CAVALIERI LLC Attorneys for Defendants.
NEWMAN, MAGISTRATE JUDGE.
AGREED PROTECTIVE ORDER
H. Rice, Judge.
agreement of the Parties and for good cause shown, this Court
ORDERS as follows:
WHEREAS, documents and information have and may be sought,
produced, or exhibited by and among the parties to the
above-referenced action, as well as by non-parties, which
relate to alleged trade secrets and confidential information,
including but not limited to research, development,
technology, business plans, customer lists, customer
information, pricing information, employee information, or
other proprietary information belonging to Plaintiff,
Defendants, and/or non-parties;
this Agreed Protective Order is necessary to protect such
alleged trade secrets and confidential information and such
protection shall be had according to the following terms:
1. Any information or document submitted and/or produced,
either voluntarily or pursuant to any subsequent order or
subpoena in this action, which is asserted by any of the
parties, or by the producing entity, to contain or constitute
a trade secret or other confidential or proprietary
information, shall be so designated by said party or
producing entity in writing. Information or documents so
designated shall be clearly and prominently marked on their
face with the legend: "CONFIDENTIAL," as outlined
in Paragraph 2 below. Reasonable attempts shall be made by
the parties to avoid affecting the readability of the
document by the placement of the "CONFIDENTIAL"
designation. All transcripts of oral testimony, and any
exhibits referenced during such testimony, as well as the
oral testimony itself, shall be deemed to be designated as
"CONFIDENTIAL" for a period of twenty (20) days
from receipt. Any person or entity may, within twenty (20)
days of the receipt of a transcript of oral testimony
designate the testimony or any exhibits referenced therein as
"CONFIDENTIAL" or by so notifying the other parties
of such designation in writing. Only those portions of the
transcript of oral testimony shall be designated as
"CONFIDENTIAL" by reference to pages and/or line
numbers that are "CONFIDENTIAL." Any document or
information marked as "CONFIDENTIAL" shall be used
exclusively and solely for purposes of this litigation and
for no other purpose whatsoever.
2. The producing party or entity shall designate as
"CONFIDENTIAL" information which the party believes
in good faith pertains to its business, its employees,
customers, or directors, and is not generally known or
available to outside parties, and would not be revealed to
third parties. These designations shall be made at the time
that the information is produced to the other party or within
twenty (20) days thereafter. Any documents already produced
by the parties to this case can be marked
"CONFIDENTIAL," by notifying the other party, for
thirty (30) days following the date of this Order.
3. In the absence of prior written permission from the
individual or entity asserting confidential treatment or an
order by the Court, any confidential documents or information
submitted or produced in accordance with the provision of
paragraph 1, above, that are marked "CONFIDENTIAL"
shall not be disclosed to any person other than: (i) the
parties and their attorneys representing them in the
above-captioned action, including any necessary support
personnel assisting such attorneys, (ii) qualified persons
taking testimony involving such documents or information and
necessary stenographic and clerical personnel; (iii)
technical experts or other expert witnesses and their staff
who are employed for purposes of this litigation, (iv) the
Court and any personnel of the Court, including members of
any jury impaneled to hear this case, (v) lay witnesses,
provided that the party intending to question such lay
witness gives five (5) days prior notice of such examination
to the producing or submitting party so that such party may
have an opportunity to seek a protective order if necessary,
and (vi) the producing or submitting party during its
deposition or testimony.
4. Confidential information submitted in accordance with the
provisions of paragraph 1, above, shall not be made available
to any person designated in paragraph 3(iii) or (v) unless
such person shall have first read this order, agreed to be
bound by the terms thereof as set forth in the attached
Exhibit A, agreed not to reveal such confidential information
to anyone other than persons designated in paragraph 3,
above, and agreed to utilize such confidential information
solely for the purpose of this litigation. In any event,
Counsel of record for each party shall maintain control of
the master copy of any document produced under the
"CONFIDENTIAL" and shall not allow persons
designated in Paragraph 3(v) to maintain copies of these
5. If the Court orders, or if the parties agree, that access
to, or the dissemination of, information submitted or marked
as "CONFIDENTIAL" shall be made to persons not
included in paragraph 3, above, all such persons shall be
subject to the terms and conditions of this Agreed Protective
Order with respect to any such confidential information.
6. Any confidential information submitted to the Court in
connection with a motion, trial, or other proceeding within
the purview of this lawsuit shall be submitted as set forth
in paragraph 1, above, under seal and shall be maintained by
the Clerk of Courts under seal until otherwise ordered by the
Court or agreed upon by the parties in writing. The party
seeking to file the material under seal shall seek leave of
court to do so and specify the underlying basis for the
confidentiality designation. Only the Court, counsel of
record for the respective parties, as well as the parties,
shall have access to such confidential information.
7. The parties and their attorneys agree that any document or
information submitted as "CONFIDENTIAL" pursuant to
paragraph 1, above, is to be treated as such until the
parties agree otherwise in writing or until the Court
otherwise orders. If a party objects to the designation by
another party of documents or information as
"CONFIDENTIAL" such objecting party shall have
twenty (20) days from receipt of such designation to contact
the producing party to negotiate or reject the designation.
If the parties cannot agree on the designation, the objecting
party shall have ten (10) days to file an appropriate ...
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