UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN

GREGORY AGNEW AND MARTHA 

AGNEW, 

Plaintiffs, 

vs. Case No. 2:15-cv-10874 

WASHTENAW COUNTY SHERIFF'S 

DEPARTMENT DETECTIVE CRAIG 

RAISENEN; DETECTIVE 

LIEUTENANT LISA KING; DEPUTY 

ARTS; DEPUTY KITTLE; DEPUTY 

ATKINS; DETECTIVE M. BABYCZ; 

and WASHTENAW COUNTY, 

Jointly and severally, 

Honorable Robert H. Cleland 

 Defendants. 

Thomas M. Loeb (25913) 

Attorney for Plaintiffs 

3200 Northwestern Hwy., Ste. 

170 Farmington Hills, MI 48334 

(248) 851-2020 

tmloeb@mich.com 

Thomas R. Wurst (P30177) 

Miller Johnson 

Attorneys for Defendants 

250 Monroe, N.W., Ste. 800 

Grand Rapids, MI 49503 

(616) 831-1775 

wurstt@millerjohnson.com 

STIPULATED PROTECTIVE ORDER 

Upon the parties' stipulation, the terms of this Protective Order shall 

govern the handling of Confidential Information and Medical/Psych Records 

produced in discovery in connection with this lawsuit. 

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1. Confidential Information. 

a. This Protective Order shall apply to all information produced by either 

party during discovery in this case that is marked "CONFIDENTIAL" 

and shall apply to all Medical/Psych Records regarding the plaintiffs. 

b. Designation. Each party shall have the right to designate as 

confidential and subject to this Protective Order anything, 

information, document or portion of any document produced or 

prepared by it in this matter which the producing party deems to 

contain sensitive or other confidential information, including without 

limitation personnel records, medical records, personal information, 

personal history, employee information and other proprietary or 

sensitive information ("Confidential Information"). This designation 

shall be made by stamping each page of a document containing 

Confidential Information with the legend "CONFIDENTIAL" at or 

before production to the receiving party. This designation shall be 

made in good faith. Each party reserves the right to contest the 

designation by motion to the Court. 

In the event a party inadvertently produces Confidential Information 

without such legend, that party shall promptly furnish written notice 

to the receiving party that the Confidential Information is designated 

CONFIDENTIAL under this Protective Order along with 

appropriately labeled copies of the Confidential Information. Such 

post-production designation of Confidential Information shall not, 

under any circumstances, be deemed a waiver, in whole or in part, of 

the right to assert confidentiality or of the protections of this 

Protective Order, and shall not entitle the receiving party or its 

attorneys to disclose such information in violation of this Protective 

Order. 

2. Medical & Psychiatric/Psychological Records. Defendants have requested 

medical and psych records of plaintiffs be produced in this matter. Plaintiffs do 

not want the medical and psych records disclosed to any employees of the 

Sheriff's Department or the Prosecutor's Office but agree that they may be 

disclosed to Judy Kramer, the Risk Manager for Washtenaw County. 

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3. Restrictions. 

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a. Confidential Information and Plaintiffs' Medical/Psych Records shall 

be used only for the limited purpose of preparing for and conducting 

this action (including any appeals) and not for any other purpose. 

b. Confidential Information may be disclosed only to the following: 

i. Parties to this action and Counsel of record for the parties in this 

action, including attorneys, paralegals, clerks and other 

employees of their firms who are assisting in this action; 

ii. Consultants, investigators, experts and their respective staffs 

retained to assist in the preparation and trial of this matter; 

iii. Vendors assisting in copying or computer coding of documents, 

organizing, filing, translating, converting, storing or retrieving 

data, or designing programs for handling data connected with this 

action; 

iv. Certified shorthand or court reporters retained to report a 

deponent's testimony taken in this litigation; 

v. Any witness or potential witness, although only to the extent 

relevant to his or her potential testimony in this action; 

vi. Persons shown on the document's face to have authored or 

received it; 

vii. Any person whom the parties agree, in advance and in writing, 

may receive such discovery materials; and 

viii. The Court, and any mediators or arbitrators assigned to this case 

by the Court or as agreed to by the parties. 

c. Medical/Psych records of the plaintiffs produced in this case may be 

disclosed to Judy Kramer, Risk Manager for Washtenaw County but 

may not be disclosed to the following: 

i. Any employees or members of the Washtenaw County Sheriffs 

Department 

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ii. Any employees, attorneys or members of the Washtenaw 

County Prosecutor's Office. 

 4. Each person identified in Paragraphs 3(b)(ii), 3(b)(iii), 3(b)(v), or 3(b)(vii) 

above who is given access to Confidential Information or Medical/Psych 

Records under this Protective Order shall be: 

a. Advised that the Confidential Information or Medical/Psych Records 

is being disclosed pursuant to and subject to the terms of this 

Protective Order and may not be disclosed other than pursuant to the 

terms thereof; 

b. Advised that the violation of the terms of this Protective Order (by use 

of Confidential Information or Medical/Psych Records for any purpose 

other than the preparation and trial of this action) may constitute 

contempt of this court order; and 

c. Advised that such person must sign an agreement in a form 

substantially similar to the Acknowledgment Regarding Confidential 

Information and Medical/Psych Records attached hereto. 

 5. Any person receiving Confidential Information shall reveal, disclose, or 

discuss the information only with persons who have complied with the 

requirements of Paragraph 4 and are listed in Paragraph 3(b) above. 

 6. Any person receiving Medical/Psych Records shall not reveal, disclose, or 

discuss the information with anyone listed in 3c above. Any person receiving 

Medical/Psych Records shall comply with the requirements of Paragraph 4 

above. 

 7. This Protective Order is without prejudice as to the right of any party to 

oppose the admissibility of any Confidential Information or Medical/Psych 

Records produced on the grounds of lack of relevancy, privilege or any other 

legal reason. 

 8. Within 60 days after the termination of this case, whether by final judicial 

decision or otherwise, all Confidential Information and Medical/Psych 

Records, other than that contained in deposition transcripts or pleadings, shall 

either be destroyed or returned to opposing counsel. The parties must also 

obtain and destroy all Confidential Information and Medical/Psych Records 

from any third parties to whom the parties have granted access to the 

Confidential Information and Medical/Psych pursuant to the terms of this 

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Protective Order including but not limited to experts, consultants and 

witnesses. 

9. This Protective Order does not preclude any party from seeking further relief 

or protective orders from the Court as may be appropriate. 

IT IS SO ORDERED. 

Dated: June 30, 2015 s/ Robert H. Cleland 

US DICTRICT JUDGE

APPROVED AS TO FORM AND CONTENT: 

s/Thomas M. Loeb 

(25913) Attorney for 

Plaintiffs 

3200 Northwestern Hwy., Ste. 

170 Farmington Hills, MI 48334 

(248) 851-2020 

tmloeb@mich.corn 

s/Thomas R. Wurst (P30177) 

Miller Johnson 

Attorneys for Defendants 

250 Monroe, N.W., Ste. 800 

Grand Rapids, MI 49503 

(616) 831-1775 

wurstt@millerjohnson.com 

2:15-cv-10874-RHC-EAS Doc # 10 Filed 06/30/15 Pg 5 of 6 Pg ID 87
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

GREGORY AGNEW AND MARTHA 

AGNEW, 

Plaintiffs, 

vs. Case No. 2:15-cv-10874

WASHTENAW COUNTY SHERIFF'S 

DEPARTMENT DETECTIVE CRAIG 

RAISENEN; DETECTIVE 

LIEUTENANT LISA KING; DEPUTY 

ARTS; DEPUTY KITTLE; DEPUTY 

ATKINS; DETECTIVE M. BABYCZ; 

and WASHTENAW COUNTY, 

Jointly and severally, 

Defendants. 

Honorable Robert H. Cleland 

Thomas M. Loeb (25913) 

Attorney for Plaintiffs 

3200 Northwestern Hwy., Ste. 170 

Farmington Hills, MI 48334 

(248) 851-2020 

tmloeb@mich.com 

Thomas R. Wurst (P30177) 

Miller Johnson 

Attorneys for Defendants 

250 Monroe, N.W., Ste. 800 

Grand Rapids, MI 49503 

(616) 831-1775 

wurstt@millerjohnson.coni 

ACKNOWLEDGMENT REGARDING 

CONFIDENTIAL INFORMATION AND MEDICAL RECORDS 

I, ______________________________ , have read and understood the 

Stipulated Protective Order entered by the Court in this case and agree to be bound by 

the provisions of that Order. I agree to subject myself to the jurisdiction of the Court 

for the purposes of any proceedings relating to the performance under, compliance 

with, or violation of that Order. 

Dated: ______________ , 2015 Signed: ______________________________ 

MJ DMS 27140226v1 11939-38 

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