United States District Court, S.D. Ohio, Western Division
M. Rose, Judge
MEZIBOV BUTLER, Brian J. Butler (OH No. 0082675) Marc D.
Mezibov (OH No. 0019316) Attorneys for Plaintiff John Puckett
& LARDNER LLP, Daniel A. Kaplan (PHV) Felicia S.
O'Connor (PHV) Katelynn M. Williams (PHV) One Detroit
Center, WHITE GETGEY & MEYER Brian Goldwasser, Ohio Bar #
One West Fourth Street Suite Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
L. Ovington United States Magistrate Judge
BEEN DULY ADVISED that Defendant Premier Energy Services, LLC
(“Defendant”) and Plaintiff John Puckett
(“Plaintiff”) have agreed and consented to the
production of certain information and to prohibit the
disclosure of non-public, confidential, personnel,
proprietary and/or sensitive information, documents and
testimony that may be produced in discovery or otherwise
provided or made available to the parties in this matter, and
with the parties' concurrence and the Court being
otherwise advised in the premises:
medical, employment and financial records produced or
obtained may be deemed “CONFIDENTIAL.”
Defendant may designate business records containing trade
secrets, proprietary business information, budgetary
information, internal policies, strategic planning
information, pricing information or financial information as
“Confidential” by placing a
“CONFIDENTIAL” stamp on the document(s).
Defendant may also designate personnel-related documents and
information, including but not limited to disciplinary
memoranda, compensation and Social Security Numbers, as
“Confidential” by placing a
“CONFIDENTIAL” stamp on the document(s). All
parties may designate documents as “CONFIDENTIAL”
in a separate document, or on the record.
Confidential information shall not be shown, disseminated, or
in any way communicated to non-parties other than as required
for witness preparation (including expert witness reports),
depositions, discovery, mediation, and the trial of this
case. Non-parties who receive confidential information
pursuant to this paragraph shall first be made aware of this
Protective Order and the restrictions contained in this
the event the parties dispute whether a given document or
other information is Confidential, the party seeking the
"Confidential" designation may move for a
determination by this Court and bears the burden of
establishing good cause for the designation.
the extent that any confidential documents or information are
used in the taking of depositions, all such documents and
information shall be subject to the provisions of this Order.
parties retain the right to object to the admissibility or
use of confidential information or documents, or privileged
documents inadvertently disclosed.
inadvertent or unintentional disclosure of any Confidential
Information by the designating party shall not be construed
to be a waiver, in whole or in part, of that party's
claim of confidentiality either as to the specific
Confidential Information disclosed or as to any other related
information. If a party produces multiple identical copies of
a document (but with different bates numbers) and one has not
been designated as confidential, all identical copies shall
be treated according to the most restrictive designation.
Similarly, the inadvertent or unintentional disclosure of any
documents, information or testimony protected by the
attorney-client privilege and/or work product doctrine shall
not be construed to be a waiver, in whole or in part, of that
party's claim to privilege; nor shall any discreet waiver
of privilege constitute a general waiver of privilege or
protection. Any documents or information inadvertently
produced and all copies and records thereof shall be
immediately returned to the producing or providing party.
request of counsel, within twenty (20) business days after
the conclusion of this action, by settlement or adjudication,
including any appellate proceedings, the Confidential
Information (and all copies, transcriptions, or reproductions
in any form whatsoever) produced or provided by the parties
shall be returned to their respective counsel. Nothing in
this paragraph shall preclude counsel for either party from
maintaining copies of work product materials which in the
good faith judgment of counsel must be maintained for
purposes of defending against potential malpractice claims.
If counsel for either party has a good faith belief that work
product abstracts or summaries of Confidential Information
must be maintained for the defense of potential malpractice
claims, counsel shall serve opposing counsel with a written
request to maintain copies of such information until the end
of the applicable statutes of limitations periods for
professional malpractice claims.
Order shall survive the final termination of this case, and
the Court shall retain jurisdiction to resolve any dispute