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Fields v. Bastech, Inc.

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

December 5, 2019

LLOYD R. FIELDS, Plaintiff,
v.
BASTECH, INC. et al., Defendants.

          STIPULATED PROTECTIVE ORDER

          MICHAEL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

         In accordance with Fed.R.Civ.P. 26(c) and the stipulation of Plaintiff Lloyd R. Fields (“Fields”), Defendant BasTech, Inc. (“BasTech”), Defendant Rapid Direction, Inc. (“RDI”), and Defendant Bernard A. Staub, Jr. (“Staub”) (collectively, the “Parties” and individually, the “Party”), the Court enters this Stipulated Protective Order (“Order”). It is hereby ORDERED THAT:

         1. This Order shall govern the handling of documents, depositions, exhibits, testimony, and other written, recorded, electronic or graphic matter produced in discovery, whether pursuant to a formal or informal request, letter, or subpoena, a request made or question asked at any deposition, or any other means (collectively, the “Information”).

         2. The Parties may designate Information as Confidential Information (“Confidential Information”) upon a good faith assertion that such materials or testimony constitute Information that constitutes sensitive financial data, technical information, proprietary commercial information, contracts, patient/medical information, personal identifying information, and/or commercially and/or competitively sensitive information. Confidential Information further includes Information that would qualify as confidential under any legal standard. Any Confidential Information so designated shall only be used in connection with these proceedings and shall not be disclosed or utilized in any other respect, except as may be otherwise provided for in this Order.

         3. The Parties may designate Information as Highly Confidential Information (“Highly Confidential Information”) upon a good faith assertion that disclosure of the Highly Confidential Information to persons other than those specifically designated in Paragraph 9 is substantially likely to cause injury to the disclosing Party.

         4. The designation of the Information as Confidential Information or Highly Confidential shall be made as follows:

         (a) In the case of documents, answers to interrogatories, or other written materials (apart from depositions, other pretrial testimony, transcripts thereof and exhibits thereto) to be designated as Confidential Information, by stamping each page of such as “Confidential Information” or “Confidential” or “Confidential, Subject to Protective Order, ” or some similar or comparable designation adding “Highly Confidential Information” as appropriate. Material that has been so designated prior to the effective date of this Order shall be treated as though designated pursuant to this Order.

         (b) In the case of depositions, other pretrial testimony, the transcripts thereof, and exhibits thereto, by a statement on the record by counsel for the party making the disclosure at the time of such disclosure or at any time up to fourteen days after said party has received a transcript of the testimony. Regarding depositions that have already been taken in this action, the designation may be made at any time up to fourteen days after the effective date of this Order.

         (c) In the case of documents produced by a non-party, by a written statement from counsel specifically designating the Information to be Confidential Information or by stamping each page of such as “Confidential Information” or “Confidential” or “Confidential, Subject to Protective Order, ” or some similar or comparable designation adding “Highly Confidential Information” as appropriate. Material that has been so designated prior to the effective date of this Order shall be treated as though designated pursuant to this Order.

         5. Whenever any Confidential Information or Highly Confidential Information is disclosed or used at a deposition or other pretrial testimony in this action, (i) each portion of any such testimony in which the Confidential Information or Highly Confidential Information is disclosed or used shall be conducted with only those persons in attendance who are authorized under this Order to have access to such designated information; (ii) the transcript of the confidential portion and all confidential exhibits shall be marked “Confidential -- Subject to Protective Order” (or comparable language including “Highly Confidential” as appropriate) and shall thereafter be deemed to be fully subject to the provisions of this Order; and (iii) the confidential transcript and confidential exhibits shall not be filed with this Court except in accordance with Paragraph 6 below.

         6. In the event a party wishes to file any Confidential Information or Highly Confidential Information with the Court for any purpose, prior to seeking permission to file any document or confidential information under seal, and if time permit, the parties, through counsel, will discuss the confidential information and documents they intend to file in order to determine if a compromise can be reached in whole or in part to allow for filing not under seal. Unless resolved as set forth above, the party intending to file any Confidential Information under seal shall follow the Court's rules and protocols for filing materials under seal. er authority of Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996) and Shane Group, Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016), no document may be filed with the Court under seal without prior permission from the Court as to each document, upon motion and upon demonstrating “why the interests in support of nondisclosure are compelling, why the interests supporting access are less so, and why the seal [requested] is no broader than necessary[.]” Shane Group, 825 F.3d at 306.

         7. The Parties may only disclose Confidential Information to the following persons:

         (a) The Parties themselves and counsel appearing on behalf of any party, including paralegals, staff, stenographic and clerical employees and contractors working under the direct supervision of such counsel;

         (b) Any expert(s) or consultant(s) who is expressly retained to assist in the above-captioned action, with disclosure only to the extent reasonably necessary to perform such work; provided, that (1) any part of a report created by such expert or consultant relying on or incorporating Confidential Information in whole or in party shall be designated as Confidential Information by the party responsible for its creation, and (2) any experts or consultants may not use ...


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