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Electra v. WCI, Inc.

United States District Court, S.D. Ohio, Western Division, Dayton

July 19, 2019

CARMEN ELECTRA, et al. Plaintiffs,
WCI, INC. dba CHEEKS Defendant.

          David C. Harman, Janet G. Abaray, Burg Simpson Eldredge Hersh & Jardine, P.C., Counsel for Plaintiffs

          Margo S. Meola, Edward D. Papp, Christopher F. Mars, Bonezzi Switzer Polito & Hupp Co.. LPA, Counsel for Defendant WCI, Inc. dba Cheeks.



         The parties to this Stipulated Protective Order have agreed to the terms of this Order; accordingly, it is ORDERED:

         1. 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.

         2. Form and Timing of Designation.

         (a) A 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.

         (b) The 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.

         (c) A 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.

         (d) 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.

         3. Materials Which May be Designated CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER.

         As used 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.

         4. Depositions.

         Deposition 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.

         Such 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.

         5. Protection of Confidential Material.

         (a) 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.

         (b) 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)-(l2). 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 ...

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