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AT&T Corp v. J & J Schlaegel, Inc.

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

January 3, 2020

AT&T CORP, a New York Corporation, Plaintiff,
v.
J & J SCHLAEGEL, INC. Defendant.

          ATTORNEYS FOR PLAINTIFF AT&T CORP. Joseph N. Cindric (Trial Attorney) (0092624) Thrasher Dinsmore & Dolan LPA Troy A. Glander (Texas Bar No. 00796634) A Nava & Glander Law Firm

          ATTORNEYS FOR DEFENDANT J&J SCHLAEGEL, INC. Steven G. Carlino (0073734) Kaitlin L. Madigan (0087891) Weston Hurd, LLP

          STIPULATED PROTECTIVE ORDER

          WALTER H. RICE, U.S. DISTRICT JUDGE

         The parties to this Stipulated Protective Order, Plaintiff AT&T Corp ("AT&T"), and Defendant J & Schlaegel, Inc. ("J&J") (with AT&T and J&J collectively constituting the "Parties"), hereby agree as follows:

         1. Scope.

         All disclosures, affidavits, and declarations, and exhibits thereto; deposition testimony and exhibits; discovery responses; documents; electronically stored information; tangible objects; information; and other things produced, provided, or disclosed in the course of this action which may be subject to restrictions on disclosure under this Order, and information derived directly therefrom (hereinafter referred to collectively as "Documents or Materials"), shall be subject to this Order 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. The 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.

         2. Form and Timing of Designation.

         A Party may designate Documents or Materials as confidential and restricted in disclosure under this Order by placing or affixing the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" (hereinafter referred to as "CONFIDENTIAL") or "ATTORNEYS EYES ONLY - SUBJECT TO PROTECTIVE ORDER" (hereinafter referred to as "ATTORNEYS EYES ONLY") on the Document or Material in a manner that will not interfere with the legibility of the Document or Material and that will permit complete removal of the designation if that removal subsequently becomes permissible and appropriate. Documents shall be designated prior to or at the time of the production or disclosure of the Documents or Materials. When a tangible object is produced for inspection subject to protection under this Order, a photograph thereof shall be produced at the time of inspection labeled with the designation CONFIDENTIAL or ATTORNEYS EYES ONLY. Thereafter any information learned or obtained as a result of the inspection shall be subject to protection under this Order in accordance with the applicable designation. When electronically stored information is produced which cannot itself be marked with the designation CONFIDENTIAL or ATTORNEYS EYES ONLY, 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 or Materials that are produced for inspection as CONFIDENTIAL or ATTORNEYS EYES ONLY even though the original Documents or Materials being produced have not themselves been so labeled.

         3. All information learned in the course of such an inspection shall be protected in accordance with the stipulated designation. The copies of Documents or Materials that are selected for copying during such an inspection shall be marked CONFIDENTIAL or ATTORNEYS EYES ONLY as required under this Order and thereafter the copies shall be subject to protection under this Order in accordance with their designation. The designation of Documents or Materials for protection under this Order does not mean that it has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

         4. Documents or Materials Which May be Designated CONFIDENTIAL.

         Any Party may designate Documents or Materials as CONFIDENTIAL upon making a good faith determination that the Documents or Materials contain information protected from disclosure by statute or that should be protected from disclosure as confidential business or personal information, medical or psychiatric information, or such other sensitive commercial information that is not publicly available. Public records that are publicly available may not be designated for protection under this Order.

         5. Documents or Materials Which May be Designated ATTORNEY EYES ONLY.

         Any Party may designate Documents or Materials as ATTORNEYS EYES ONLY upon making a good faith determination that the Documents or Materials contain information that, if disclosed to any other Party, would likely cause significant harm to the business or competitive position of the designating Party. Documents or Materials that are known to all Parties (except due to a violation of Bixler's Fair Competition Agreement) or that are publicly available may not be designated as Attorneys EYES ONLY under this Order.

         6. Depositions.

         Deposition testimony shall be deemed CONFIDENTIAL or ATTORNEYS EYES ONLY if designated as such. Such designation shall be specific as to the portions of the transcript or any exhibit designated for protection under this Order. Thereafter, the deposition testimony and exhibits so designated shall be protected, pending objection, under the terms of this Order. By stipulation of all Parties, the Parties may agree temporarily to designate an entire deposition and the exhibits used therein for protection under this Order pending receipt and review of the transcript. In such a circumstance, the Parties shall review the transcript within thirty days of the receipt thereof and specifically designate the testimony and exhibits that will be protected under this Order. Thereafter only the specifically designated testimony and exhibits shall be protected under the terms of this Order.

         7. Protection of Confidential Material.

         a. Protection of Documents Designated CONFIDENTIAL.

         Documents designated CONFIDENTIAL under this Order shall not be used for any purpose whatsoever other than the prosecution or defense of this action, and of any appeal thereof. The Parties and counsel for the Parties shall not disclose or permit the disclosure of any Documents or Materials designated CONFIDENTIAL to any third person or entity except as set forth in subparagraphs (1)-(7). Subject to these requirements, the following categories of persons may be allowed to review Documents or Materials that have been designated CONFIDENTIAL:

i. Outside Counsel of Record. Outside counsel of record for the Parties and employees and agents of counsel who have responsibility for the preparation and trial of the action.
ii. Parties. Parties and employees of a Party to this Order.
iii. The Court. The Court and its personnel.
iv. Court Reporters and Recorders. Court reporters and recorders engaged for ...

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