UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRACEY	SMITH,	

	 Plaintiff,	

v.	

THE	 FOOD	 BANK	 OF	 EASTERN	

MICHIGAN,	

	 Defendant.	

Case	No.	14‐13795	

Hon.	David	M.	Lawson	

Magistrate	Judge	Anthony	P.	Patti	

Tracey	Smith,	In	Pro	Per	

Plaintiff	

1529	Katy	Drive	

Mount	Morris,	MI		48458	

PLUNKETT	COONEY	

Thomas	P.	Vincent	(P32794)	

Courtney	L.	Nichols	(P75160)	

Attorneys	for	Defendant	

38505	Woodward	Avenue,	Suite	2000

Bloomfield	Hills,	MI		48304	

(248)	901‐4000	

tvincent@plunkettcooney.com

cnichols@plunkettcooney.com		

PROTECTIVE ORDER

	 On	 January	 17,	 2016,	 Plaintiff,	 Tracey	 Smith	 and	 Defendant,	 The	 Food	

Bank	of	Eastern	Michigan	(collectively,	the	“Parties”),	provided	to	the	Court	a	

Stipulated	 Protective	 Order,	 which	 is	 attached	 as	 Exhibit	 1.	 	 With	 minor	

revisions	 at	 paragraphs	 2(e)	 and	 10,	 the	 Court	 hereby	 enters	 the	 following	

Protective	Order:		

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WHEREAS,	 the	 Parties	 anticipate	 that	 discovery	 in	 this	 action	 may	

require	 Plaintiff	 and	 Defendant	 to	 produce	 certain	 documents	 and	 other	

information	 containing	 Confidential	 Information	 such	 as	 private	 employee	

records	and	identification	information;	and	

WHEREAS,	 the	Parties,	 for	good	cause,	have	agreed	 that	all	parties	are

entitled	to	a	Protective	Order	to	protect	such	Confidential	Information;	

NOW,	therefore,	upon	stipulation	of	the	Parties	in	the	above‐captioned	

matter	 and	 for	 good	 cause	 shown,	 it	 is	 hereby	 ORDERED that	 during	 the	

pendency	of	this	action,	the	following	Protective	Order	applies	to	all	Parties	in	

this	 case	 and	 jurisdiction	 over	 those	 Parties	 with	 respect	 to	 this	 Protective	

Order:	

1. For	 purposes	 of	 this	 Order,	 “Confidential	 Information”	 shall	

include	the	following:	

 Employment	 records	 containing	 personal	 and/or	 private	

identification	 information	 regarding	 current	 and	 former	

employees	of	The	Food	Bank	of	Eastern	Michigan.	

Any	 information	 which	 the	 Parties	 consider	 confidential	 shall	 be	

designated	in	writing	 by	 that	 party	as	 constituting	 Confidential	 Information.	

Documents	 containing	 Confidential	 Information	 shall	 be	 clearly	 marked	

“CONFIDENTIAL.”		

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The	provisions	of	this	Protective	Order	shall	also	apply	to	other	copies	

of	a	Party’s	documents	designated	as	Confidential	Information,	and	testimony	

related	thereto,	which	may	be	produced	or	given	by	a	third	party	(non‐party	

witness)	 to	 this	 litigation	 possessing	 such	 documents,	 materials	 or	

information	 in	 the	 course	 of	 pre‐trial	 discovery,	 the	 trial	 of	 this	 action,	

appeals,	or	post‐judgment	collection	proceedings,	if	any.	

2. Confidential	 Information	 shall	 be	 held	 in	 confidence	 by	 any	

person	to	whom	it	is	disclosed,	shall	be	used	only	 for	purposes	of	this	action	

and	shall	not	be	disclosed	for	any	personal,	business	or	other	purpose	besides	

this	litigation.		Confidential	 Information	shall	not	be	disclosed	 to	any	person	

other	than:	

(a) Counsel	 of	 record	 in	 this	 litigation,	 and	 their	 partners,	

employees	 or	 associates	 (including	 in‐house	 counsel)	 to	

whom	 such	 disclosure	 is	 reasonably	 deemed	 necessary	 to	

such	counsel	for	the	conduct	of	this	litigation;	

(b) Any	 Party	 to	 this	 litigation	 and	 officers,	 directors,	 and	

employees	 of	 a	 party	 who	 are	 assisting	 his,	 her	 or	 its	

counsel,	 but	 only	 to	 the	 extent	 that	 such	 disclosure	 is	

reasonably	 deemed	 necessary	 by	 such	 counsel	 for	 the	

conduct	of	this	litigation;	

(c) Court	 reporters	 while	 in	 the	 performance	 of	 their	 official	

duties;	

(d) This	Court	or	any	other	court	or	arbitrator	before	whom	or	

which	 this	 litigation	 is	 pending,	 including	 any	 court	 or	

arbitration	panel;	and	

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(e) Any	 other	 person	 who	 may	 be	 specifically	 approved	 by	

written	 consent	 of	 opposing	 counsel	 and/or	 the	 pro se

Plaintiff	to	receive	the	Confidential	Information	or	approved	

by	Court	order.	

3. Unless	waived	by	the	Party	who	designates	items	as	Confidential

Information,	such	material	(including	deposition	transcripts,	briefs	and	other	

papers	 containing	 or	 otherwise	 disclosing	 such	 material)	 shall	 not	 be	

disclosed	 except	 as	 provided	 in	 this	 Protective	 Order.	 	 All	 such	 Confidential	

Information	 submitted	 shall	 be	 conspicuously	marked	 “CONFIDENTIAL”	 and	

“SUBJECT	TO	PROTECTIVE	ORDER”	prior	to	such	submission.	

4. This	 Protective	 Order	 shall	 be	 without	 prejudice	 to	 the	 right	 of	

any	 Party	 or	 third	 party	 to	 bring	 at	 any	 time	 the	 question	 of	 whether	 any	

particular	information	is	or	is	not	discoverable	or	relevant	to	any	issue	in	this	

case,	is	or	is	not	subject	to	a	privilege,	or	whether	any	particular	document	or	

information	should	or	should	not	be	designated	Confidential	 Information	 for	

the	 purposes	 of	 this	 Protective	 Order.	 	 Nothing	 contained	 in	 this	 Protective	

Order	shall	be	construed	to	constitute	a	waiver	of	the	producing	Party’s	right	

to	 claim	 that	 a	 document	 not	 designated	 as	 confidential	 information,	 or	

marked	“Confidential,”	is	in	 fact	Confidential	Information	within	the	terms	of	

this	Protective	Order.		It	is	recognized	by	the	Parties	to	this	Protective	Order	

that,	 due	 to	 the	 exigencies	 of	 providing	 numerous	 documents,	 the	 taking	 of	

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testimony	and	inherent	uncertainty	of	litigation,	documents	or	testimony	may	

be	 designated	 erroneously	 as	 Confidential,	 or	 documents	 or	 information	

which	 are	 entitled	 to	 confidential	 treatment	 may	 erroneously	 not	 be	

designated	 as	 Confidential.	 If	 any	 Confidential	 Information	 is	 provided	

inadvertently	to	a	discovering	party	without	being	marked	as	“Confidential”	in	

accordance	with	the	terms	of	this	Protective	Order,	the	failure	to	so	mark	the	

Confidential	 Information	 shall	 not	 be	 deemed	a	waiver	 of	 the	 right	 to	assert	

confidentiality.	 	 The	 Parties	 to	 this	 Protective	 Order	 agree	 that	 they	 may	

correct	 their	 designations,	 or	 lack	 thereof,	 and	 shall	 furnish	to	 all	 counsel	 a	

second	 time	at	its	own	expense	copies	of	 the	documents	 for	which	there	is	a	

change	in	designation.	

5. This	 Protective	 Order	 shall	 not	 prevent	 the	 marking,	 or	 the	

exhibition	 to	 a	 witness,	 or	 the	 offering	 in	 evidence	 of	 any	 Confidential	

Information	 during	 depositions,	 hearings	 or	 other	 pretrial	 proceedings,	 at	

trial,	 or	 on	 appeal,	 but	 no	 copy	 of	 any	 Confidential	 Information	 shall	 be	

retained	by	any	such	witness.		Nothing	in	this	Protective	Order	shall	be	read	to	

require	 a	 formal	 order	 of	 the	 Court	 prior	 to	 such	 use	 of	 Confidential	

Information,	so	long	as	its	use	is	consistent	with	 the	 terms	of	 this	Protective	

Order.	

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6. Confidential	 Information	 shall	 not	 be	 used	 or	 disclosed	 for	 any

purpose	 whatsoever	 except	 the	 conduct	 of	 proceedings	 in	 the	 above‐

captioned	 case,	 any	 appeals	 in	 connection	 therewith	 or	 as	 otherwise	

permitted	by	this	Protective	Order.	

7. The	restrictions	set	 forth	in	 this	Protective	Order	shall	not	apply	

to	 documents,	 materials	 or	 information	 which	 were	 or	 become	 disclosed	 to	

the	public	other	than	through	violation	of	this	Protective	Order.	

8. Nothing	herein	constitutes	or	may	be	interpreted	as	a	waiver	by

any	Party	of	the	attorney‐client	privilege,	attorney	work	product	protection	or	

any	other	legally‐recognized	privilege.	

9. Nothing	 in	 this	 Protective	 Order	 shall	 prevent	 any	 Party	 from	

using	or	disclosing	its	own	documents	or	information,	regardless	of	whether	

they	are	designated	Confidential.	

10. Nothing	 in	 this	 Protective	 Order	 shall	 prevent	 or	 restrict	 any	

person	from	seeking	additional	protection	from	the	Court	with	respect	to	the	

disclosure	of	particular	Confidential	Information.	

11. Nothing	 in	 this	 Protective	 Order	 shall	 prevent	 or	 restrict	 any	

person	from	seeking	relief	from	this	Protective	Order	from	the	Court	for	good	

cause	shown.	

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12. Nothing	 in	 this	 Protective	 Order	 shall	 prohibit	 a	 Party	 from	

producing	Confidential	Information	in	the	party’s(ies’)	possession	pursuant	to	

a	 subpoena	 issued	 by	 any	 court,	 administrative	 or	 legislative	 body,	 or	 any	

other	 person	 purporting	 to	 have	 authority	 to	 subpoena	 such	 Confidential	

Information	 or	 by	 other	 compulsory	 process,	 provided	 that	 any	 person	

receiving	 such	 a	 subpoena	 or	 other	 process	 shall	 notify	 the	 party	 that	

originally	produced	the	Confidential	Information	of	such	subpoena	or	process	

and	 provide	 them	 with	 a	 reasonable	 opportunity	 to	 file	 objections	 to	 such	

disclosure	before	the	Confidential	Information	is	disclosed.	

13. Within	ninety	(90)	days	after	final	termination	of	this	litigation,	by	

judgment,	order,	compromise	or	settlement,	upon	receipt	of	a	written	request,	

counsel	 for	 each	 of	 the	 Parties	 shall,	 within	 sixty	 (60)	 days,	 return	 to	 the	

person	or	entity	producing	it	all	Confidential	Information	in	its	possession	or	

which	 was	 provided	 by	 such	 counsel	 to	 any	 other	 person	 pursuant	 to	 the	

terms	 of	 this	 Protective	 Order.	 Provided,	 however,	 that	 counsel	 only	 may	

retain	such	Confidential	Information	for	a	period	of	two	(2)	years	from	the	last	

day	 of	 services	 in	 this	 matter,	 subject	 at	 all	 times	 to	 the	 terms	 of	 this	

Protective	Order.	

IT IS SO ORDERED. 

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Dated: January 20, 2016 s/Anthony P. Patti 

 Anthony P. Patti 

 UNITED STATES MAGISTRATE JUDGE 

Certificate of Service

I	hereby	certify	that	a	copy	of	the	foregoing	document	was	sent	to	parties	of	

record	on	January	20,	2016,	electronically	and/or	by	U.S.	Mail.

	 	 	 	 	 	 	 s/Michael	Williams	 	 	 	

	 	 	 	 	 	 	 Case	Manager	for	the		

	 	 	 	 	 	 	 Honorable	Anthony	P.	Patti

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