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Nickell v. Kohl's Department Stores

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

December 19, 2019

CINDY NICKELL Plaintiff,
v.
KOHL'S DEPARTMENT STORES Defendant.

          Anastasia Tipler (0088788) Trial Attorney for Plaintiff

          Jeffrey J. Wedel (0041778) Trial Attorney for Defendant

          REVISED STIPULATED PROTECTIVE ORDER

          DOUGLAS R. COLE JUDGE

         This case is before the Court on the Revised Joint Motion for Stipulated Protective Order. The Court finds the terms set forth herein appropriate to protect the respective interests of the parties, the public, and the Court. The Joint Motion is GRANTED.

         IT IS ORDERED THAT:

         1. Confidential Information cannot be used or disclosed by any person or entity for any purpose whatsoever, except as permitted by this Order, and then only in the precise manner prescribed by this Order. For purposes of this Order, the phrase "Confidential Information" means any document, thing, electronically stored information, deposition testimony, answer to an interrogatory, response to a request for admission, or any other disclosure of information that contains or consists of confidential personal information, medical or psychiatric information, trade secrets, personnel records, or such other sensitive commercial, business, or financial information that is not publicly available.

         2. Any Confidential Information that is produced during discovery in the captioned case shall be used in connection with the prosecution and defense of the captioned case only (including in relation to the submission of motions, preparing for and conducting the trial, and preparing for and litigating any appeals). Confidential Information shall not be used for any other purpose.

         3. When producing Confidential Information during discovery, the producing party shall designate the status of the produced information in the following manner:

(a). With respect to documents and other tangible items, the producing party shall conspicuously stamp or mark the documents or other items as "CONFIDENTIAL" and/or "SUBJECT TO PROTECTIVE ORDER".
(b). With respect to electronically stored information produced on physical media (e.g., on a disk), the producing party shall conspicuously inscribe or mark upon the exterior of the disk or drive the words "CONFIDENTIAL" and/or "SUBJECT TO PROTECTIVE ORDER".
(c). With respect to electronically stored information produced by email or other electronic means, the producing party shall conspicuously include in the subject line of any email and the filename of any downloadable content the words "CONFIDENTIAL" and/or 'SUBJECT TO PROTECTIVE ORDER".
(d). Deposition testimony shall be deemed "CONFIDENTIAL" and/or "SUBJECT TO PROTECTIVE ORDER" only if designated as such. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as "CONFIDENTIAL" and/or "SUBJECT TO PROTECTIVE ORDER". Thereafter, the deposition transcripts and those portions designated shall be protected as Confidential Information, pending objection, under the terms of this Order.
(e). If a party is uncertain as to whether something has been marked as Confidential Information, the party should contact the designating party before treating it as anything ...

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