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Meyers v. Boomerang Rubber, Inc.

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

August 2, 2019

JAMES MEYERS, on behalf of himself and all others similarly situated, Plaintiff,
v.
BOOMERANG RUBBER, INC., Defendant.

          NILGES DRAHER LLC ROBI J. BAISHNAB HANS A. NILGES SHANNON M. DRAHER ATTORNEYS FOR PLAINTIFF

          SUTTER O'CONNELL JONATHAN MENUEZ DEREK P. HARTMAN ATTORNEYS FOR DEFENDANT BOOMERANG RUBBER,

          SHARON L. OVINGTON MAGISTRATE JUDGE.

          STIPULATED PROTECTIVE ORDER

          WALTER H. RICE JUDGE.

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

         1. Purpose.

         The purpose of this Stipulated Protective Order (the "Protective Order") is to facilitate expeditious discovery and exchange of information and documents in the above captioned action (hereinafter the "Action") and protect interests in confidential and commercially-sensitive information and documents of Boomerang Rubber, Inc.

         2. Scope.

         This Protective Order shall govern the handling of all information and documents produced or exchanged by and among any person or entity, whether a party or non-party (hereinafter "Person''), whether acting on its own or through counsel to this Action, and whether such information and documents are produced or exchanged in the course of informal or formal discovery, including, but not limited to, documents and information that may be produced or exchanged in good faith prior to the commencement of formal discovery, initial disclosures, all responses to formal discovery requests, all deposition testimony and exhibits, electronic data, other materials which may be subject to restrictions on disclosure for good cause, and information derived directly therefrom (hereinafter collectively "'documents"), shall be subject to this Protective Order concerning confidential information as set forth 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 Protective Order is also subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         3. Form and Timing of Designation.

         (a) Production by a Party.

         A party may designate documents as confidential and restricted in disclosure under this Protective Order by placing or affixing the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. When electronically stored information is produced which cannot by 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. By written stipulation the parties may agree temporarily to designate original documents that are produced for inspection CONFIDENTIAL, even though the original documents being produced have not themselves been so labeled. All information learned in the course of such an inspection shall be protected in accordance with the stipulated designation. The copies of documents that are selected for copying during such an inspection shall be marked CONFIDENTIAL, as required under this Protective Order and thereafter the copies shall be subject to protection under this Protective Order in accordance with their designation. The designation "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER"' does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Protective Order.

         (b) Production from Non-Parties.

         Confidential information produced by non-parties may also be marked "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" A party may designate information produced by non-parties as confidential by providing a log to the other parties. The log shall identify the confidential information by Bates number, if available, or by description of the information for which it claims confidentiality under this Protective Order. The Parties will then prominently mark all such information in their possession as "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER." The designating party shall have thirty (30) days, which may be extended by agreement, to provide the log.

         4. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         Any party may designate documents as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, proprietary payroll, bonus, and incentive programs, commercial and business information, or such other sensitive commercial information that is not publicly available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         5. Depositions.

         If a party believes that protected information belonging to it has been or may be disclosed in the course of any deposition (whether through any question, answer, colloquy and/or exhibit), then such person may designate the deposition, portion thereof, or exhibit as "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" by (1) stating on the record of the deposition that such deposition, portion thereof, or exhibit is "Confidential"; or by (2) stating in a writing served on counsel for the other party, up to thirty (30) days after receipt of such deposition transcript by the designating person, that such deposition, portion thereof, or exhibit is "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER". The deposition transcript and exhibits shall be treated as "Confidential" in accordance with the provisions of this Protective Order until written designation is made or the time within which to make such designation has expired. When a claim of confidentiality is made at any deposition, all persons in attendance who, by virtue of the terms of this Protective Order, do not have access to such Protected Information shall be excluded from attendance at the portion or portions of the deposition at which such Protected Information will be or might be disclosed. If any deposition, portions thereof, or exhibits are identified as "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" then all originals, copies, and synopses thereof shall be marked in accordance with this Protective Order. If all or part of a videotaped deposition is designated as confidential, the video media shall be labeled "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER". Nothing in this Protective Order shall be construed to limit the right of the producing person to use its confidential information for any purpose.

         6. Protection of Confidential Material.

         (a) General Protections.

         Documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under this Protective Order shall not be used or disclosed by the parties, counsel for the parties, or any other persons identified in ¶ 6(b) for any purpose whatsoever other than to prepare for and to conduct discovery, motion practice, and trial in this Action subject to the terms contained in Paragraph 10 of this Protective Order.

         (b) Limited Third-Party Disclosures.

         The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents to any third person or entity except as set forth in subparagraphs (1)-(5). Subject to these requirements, the following categories of persons may be allowed ...


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