United States District Court, N.D. Ohio, Eastern Division, Akron
CARMEN ELECTRA, et al. Plaintiffs,
F.M.J. RESTURANT, INC. d/b/a DIAMOND LODGE, et al. Defendants.
C. Harman, Janet G. Abaray, Burg Simpson Eldredge Hersh &
Jardine, P.C. Counsel for Plaintiffs
S. Meola, Edward D. Papp, Christopher F. Mars, Bonezzi
Switzer Polito & Hupp Co., LPA Counsel for Defendants
F.M.J. Restaurant, Inc. Dba Diamond Lodge and Royal
Restaurant, Inc. Dba Diamond Royale
STIPULATED PROTECTIVE ORDER
HONORABLE SARA LIOI, UNITED STATES DISTRICT JUDGE
parties to this Stipulated Protective Order have agreed to
the terms of this Order; accordingly, it is ORDERED:
Scope. All material produced in the course
of discovery, including initial disclosures, all responses to
discovery requests, all deposition testimony and exhibits,
other materials which may be subject to restrictions on
disclosure for good cause and information derived directly
therefrom (hereinafter collectively "material" or
"materials"), shall be subject to this Order
concerning "Confidential Information" as defined
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. This Order
is also subject to the Federal Rules of Civil Procedure on
matters of procedure and calculation of time periods.
Form and Timing of Designation.
party may designate materials as confidential and restricted
in disclosure under this Order by placing or affixing the
words "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" on
the material in a manner that will not interfere with the
legibility of the material and that will permit complete
removal of the CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER
designation. Materials shall be designated
CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER prior to or at the
time of the production or disclosure of the materials,
notwithstanding the exceptions provided in ¶6 of this
Order. The designation "CONFIDENTIAL-SUBJECT TO
PROTECTIVE ORDER" does not mean that the material has
any status or protection by statute or otherwise except to
the extent and for the purposes of this Order.
designation "CONFIDENTIAL-SUBJECT TO PROTECTIVE
ORDER" is a certification by an attorney or a party
appearing pro se that he or she has determined in good faith
that the material contains Confidential Information as
defined in this Order.
party may withdraw its own confidential designation as to any
Confidential Information, except to the extent that it
contains unredacted consumer nonpublic personal information
(as defined by 15 U.S.C. § 6809) or other sensitive
information as described in The E-Government Act of 2002 and
the Judicial Conference of the United States Courts'
Policy on Privacy and Public Access to Electronic Case Files.
Such withdrawal may be made by a party's filing (not
under seal) of its own Confidential Information or made in a
writing served upon the parties to this action that
specifically identifies the Confidential Information that
shall no longer be treated as confidential pursuant to this
Order. Any withdrawal under this paragraph is limited to the
material filed or specified.
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.
Materials Which May be Designated
CONFIDENTIAL-SUBJECT TO PROTECTIVE
in this Order, "Confidential Information" means
materials designated as "CONFIDENTIAL-SUBJECT TO
PROTECTIVE ORDER" by the producing party upon making a
good faith determination that the materials fall within one
or more of the following categories: (a) materials prohibited
from disclosure by statute, including consumer nonpublic
personal information as defined by 15 U.S.C. § 6809; (b)
materials that reveal trade secrets or other highly sensitive
competitive information; (c) research, technical, commercial
or financial information that the party has maintained as
confidential; (d) medical information concerning any
individual; (e) personal identity information; (f) income tax
returns (including attached schedules and forms), W-2 forms
and 1099 forms; or (g) personnel or employment records of a
person who is not a party to the case. If any party believes
materials not described above should nevertheless be
considered confidential, it may seek a stipulation among the
parties to treat such materials as Confidential Information
or it may make an appropriate application to the Court. Such
application shall only be granted for good cause shown.
Materials that are available to the public or generally known
in the industry of the producing party may not be designated
as Confidential Information.
testimony shall be deemed Confidential Information only if
designated as such. Such designation shall be made on the
record at the time the testimony is taken or made in writing
within 3 business days of the testimony. Deposition testimony
so designated shall be treated as Confidential Information
protected by this Order until 14 days after delivery of the
transcript by the court reporter to any party or the witness.
Within 14 days after delivery of the transcript, a
designating party may serve a Notice of Designation to all
parties of record identifying the specific portions of the
transcript that are designated confidential Information, and
thereafter those portions identified in the Notice of
Designation shall be protected under the terms of this Order.
The failure to serve a timely Notice of Designation waives
any designation of deposition testimony as Confidential
Information that was previously made, unless otherwise
ordered by the Court.
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 of 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.
General Protections. Confidential Information 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 discovery
and trial in this action, including any appeal thereof.
Limited Third-Party Disclosures. The parties and counsel for
the parties shall not disclose or permit the disclosure of
any Confidential Information to any third person or entity
except as set forth in subparagraphs (1)-(12). Subject to
these requirements, the following categories of persons may
be allowed to review Confidential Information:
(1) Counsel for the parties and employees and agents of
counsel who have responsibility for the preparation and trial
of the action.
(2) Individual parties and employees/agents of a party but
only to the extent counsel determines in good faith that the
employee/agent's assistance is reasonably necessary to
the conduct of the ...