UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOE SOLO, et al.,

Plaintiffs,

vs.

UNITED PARCEL SERVICE CO.,

Defendant.

Case No.: 2:14-cv-12719

Hon. Gerald E. Rosen

Mag. Judge R. Steven Whalen

STIPULATED PROTECTIVE ORDER

 RE: CONFIDENTIAL INFORMATION

The parties to this action, each having requested entry of different proposed 

protective orders regarding confidential information, good cause appearing 

therefor, and the Court being fully advised in the premises,

IT IS HEREBY ORDERED as follows:

1. DEFINITIONS

1.1 Party: any party to this action and its affiliated companies, 

including all officers, directors, employees, and outside counsel (and their 

respective support staff) thereof, and all members of a certified class. Counsel for 

Plaintiffs or other interim class counsel designated by the Court may make the 

designations permitted by this Protective Order on behalf of putative class 

members. 

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1.2 Designating Party: a Party or non-party (third party) that 

designates Disclosure or Discovery Material as “CONFIDENTIAL” or 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

1.3 Disclosure or Discovery Material: all documents, items, or other 

information, regardless of the medium or manner in or through which such 

materials or information were or are generated, stored, or maintained (including, 

among other things, testimony, transcripts, or tangible things) that are produced or 

generated in disclosures or responses to discovery in this action.

1.4 “CONFIDENTIAL” Information or Items: Disclosure or 

Discovery Material that contains a trade secret or other confidential research, 

development, or proprietary commercial information, including but not limited to 

customer information; or sensitive personal information (including, e.g., phone 

numbers and financial account numbers); or information that otherwise is entitled 

to protective treatment under Fed. R. Civ. P. 26(c). Confidential Information shall 

not include publicly available information or information obtained from sources 

other than the Party or Designating Party, except upon a showing that such 

material was covered by a prior protective order, agreement, or in the case of an 

individual a legitimate expectation of privacy. 

1.5 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 

or Items: CONFIDENTIAL Information or Items that contain information the 

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disclosure of which would create a substantial risk of causing a person to suffer a 

significant competitive, financial or commercial disadvantage.

1.6 Receiving Party: a Party that receives Disclosure or Discovery 

Material from a Producing Party in this action.

1.7 Producing Party: a Party or non-party that produces Disclosure 

or Discovery Material in this action.

1.8 Protected Material: any Disclosure or Discovery Material that is 

designated in good faith as “CONFIDENTIAL” or “CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.” 

1.9 Expert: a person with specialized knowledge or experience in a 

matter pertinent to the litigation, including his or her employees and support 

personnel, who has been retained by a Party or its counsel to serve as an expert 

witness or as a consultant in this action. This definition includes without limitation 

professional jury or trial consultants retained in connection with this litigation and 

any mock jurors or focus groups organized by such consultants.

1.10 Professional Vendors: persons or entities that provide litigation 

support services (e.g., document review; photocopying; videotaping; translating; 

preparing exhibits or demonstrations; organizing, storing, or retrieving data in any 

form or medium) and their employees and subcontractors.

2. SCOPE

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2.1 The protections conferred by this Protective Order cover not only 

Protected Material (as defined above), but also any information copied or extracted 

therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus 

testimony, conversations, or presentations by Parties or counsel to or in court or in 

other settings that might disclose Protected Material to persons not authorized to 

receive such material, and designated deposition testimony and Exhibits.

2.2 Nothing in this Protective Order shall apply to restrict the 

presentation of any facts, testimony, evidence or argument at any hearing or trial.

3. DURATION

Even after the termination of this litigation, the confidentiality obligations 

imposed by this Protective Order shall remain in effect until a Designating Party 

agrees otherwise in writing or a court order otherwise directs.

4. DESIGNATING PROTECTED MATERIAL

4.1 Designating Disclosure or Discovery Material for Protection. 

Any Producing Party may designate as “CONFIDENTIAL” or “CONFIDENTIAL 

– ATTORNEYS’ EYES ONLY” any Disclosure or Discovery Material that it 

produces entitled to protection under the definition for these designations set forth 

above. No Designating Party may designate material as “CONFIDENTIAL” or 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” without a reasonable and 

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good faith belief that such designation is appropriate under the terms of this 

Protective Order.

4.2 If it comes to a Designating Party’s attention that any Disclosure 

or Discovery Material that it designated for protection does not qualify for 

protection at all, or no longer qualifies for the level of protection initially asserted, 

that Party or non-party must promptly notify all other Parties that it is withdrawing 

such designation.

4.3 If any Party uses Protected Material that it designated as such in 

support of a position in connection with any motion without sealing such material, 

then the opposing Party shall immediately be entitled to use any of the same 

Protected Material or related Protect Material without restriction notwithstanding 

any other provision of this Protective Order.

4.4 Manner and Timing of Designations. Except as otherwise 

provided in this Protective Order (e.g., Paragraph 4.4(b), below), or as otherwise 

stipulated or ordered, Disclosure or Discovery Material must be designated for 

protection under this Protective Order by clearly designating the material before it 

is disclosed or produced. Designation pursuant to this Protective Order shall be 

accomplished as follows:

(a) For information in documentary form or digital image format

(apart from transcripts of depositions), the Producing Party shall affix the legend 

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” on 

each page that contains Protected Material.

(b) A Party or non-party that makes original documents or 

materials available for inspection need not designate them for protection until after 

the inspecting Party has indicated which material it would like copied and 

produced. During the inspection and before the designation, all of the material 

made available for inspection shall be deemed “CONFIDENTIAL.” After the 

inspecting Party has identified the documents it wants copied and produced, the 

Producing Party must within fourteen (14) days determine which documents, or 

portions thereof, qualify for protection under this Protective Order, and, before 

producing the specified documents, the Producing Party must affix the legend 

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” on 

each page that contains Protected Material and, then produce the specified 

documents.

(c) For testimony given in deposition, any Party or non-party 

offering or sponsoring the testimony may designate the testimony as 

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by 

making a statement to that effect on the record during the deposition. 

Alternatively, within fourteen (14) days of receipt of a transcript or recording of a 

deposition, any Party or the offering or sponsoring non-party may designate such 

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transcript or recording or any portion thereof as “CONFIDENTIAL” or 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY by notifying all Parties, in 

writing, of the specific pages and lines of the transcript or recording that should 

be treated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY.” All transcripts or recordings of depositions shall be treated as 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for fourteen (14) days after 

receipt of the transcript or recording, or until either written notice of confidentiality 

designations by any Party or written notice that no such designations will be made 

is received from such Parties, whichever occurs first.

(d) In connection with depositions, court reporters and 

videographers shall not disclose Protected Material, including transcripts or 

exhibits designated “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ 

EYES ONLY” to any person other than outside counsel for the parties or to the 

Court without a further Court order to do so. 

(e) For information produced in some form other than 

documentary, and for any other tangible items, a Producing Party who or which is 

also a Designating Party shall affix in a prominent place on the exterior of the 

container or containers in which the information or items are stored the legend 

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If 

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only portions of the information or item warrant protection, the Designating Party, 

to the extent practicable, shall identify the protected portions.

4.5 Inadvertent Failures to Designate. Inadvertent failure to 

designate Disclosure or Discovery Material as “CONFIDENTIAL” or 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the time of production 

shall not be deemed a waiver of the Producing Party’s right to so designate the 

Disclosure or Discovery Material and may be remedied by supplemental written 

notice to the Receiving Party. If such notice is given, all Disclosure and Discovery 

Material so designated shall thereafter be subject to this Protective Order as if it 

had been initially designated as Protected Material. After any designation is made 

in accordance with this paragraph, counsel for the Producing Party shall be 

responsible for providing replacement copies of all previously unmarked copies of 

the Protected Material. 

5. CHALLENGING CONFIDENTIALITY DESIGNATIONS

5.1 Timing of Challenges. A Party does not waive its right to 

challenge a confidentiality designation by electing not to mount a challenge 

promptly after the original designation is made.

5.2 Judicial Intervention. At all times the burden of establishing that 

information is appropriately designated as “CONFIDENTIAL” or 

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” rests with the Designating 

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Party. Nothing in this Section 5 shall alter the procedure for treatment of Protected 

Materials filed in connection with a court filing or otherwise made part of the court 

record, as set forth in Section 9 below.

5.3 Disputes over Designations. A Party challenging a Designating 

Party’s confidentiality designation shall attempt in good faith to resolve the 

challenge by conferring with counsel for the Designating Party, consistent with the 

obligations imposed by Federal Rules of Civil Procedure 26(c)(1) and 37(a)(1),

and Local Rule 37.1. In conferring, the Designating Party must explain the basis 

for its confidentiality designation.

5.4 Protected Material of Third Parties. In instances where a Party 

produces information received from a third party that is claimed by that third party 

to contain confidential or sensitive information, and such information is designated 

by the Producing Party as “CONFIDENTIAL”, or “CONFIDENTIAL –

ATTORNEYS’ EYES ONLY,” and a Receiving Party seeks to challenge such 

designation, such Receiving Party shall provide the third party with written notice 

of the challenge to enable the third party a reasonable opportunity to oppose the 

challenge.

6. STORAGE AND DISCLOSURE OF PROTECTED MATERIAL

6.1 Protected Material must be stored and maintained by a Receiving 

Party at a location and in a secure manner that ensures that access is limited to the 

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persons authorized under this Protective Order. For purposes of this Protective 

Order, a secure website, or other internet-based document depository with 

adequate security and access limited to the persons authorized under this Protective 

Order, shall be deemed a secure location.

6.2 The restrictions on Disclosure or Discovery Material in this 

Protective Order shall not apply to information that, at or prior to production 

or disclosure thereof in this action, is or was public knowledge as a result of 

publication by one having the unrestricted right to do so, or which is otherwise 

in the public domain. Nothing in this Protective Order shall in any way 

restrict the use or dissemination by a Party or non-party of its own Protected 

Material.

6.3 Disclosure of “CONFIDENTIAL” Information. Unless 

otherwise ordered by the Court or permitted in writing by the Designating Party or 

non-party whose confidentiality interest is being protected by the designation of 

Disclosure or Discovery Material as Protected Material, a Receiving Party may 

disclose “CONFIDENTIAL” information or items only:

(a) to the Receiving Party’s outside counsel in this action, as well 

as attorneys, paralegals, law clerks, and support staff of said counsel to whom it is 

reasonably necessary to disclose the information for this litigation;

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(b) to the officers, directors, employees, and in-house legal 

personnel of the Producing, Designating, or Receiving Party (or to the officers, 

directors, employees, and in-house legal personnel of a parent, subsidiary, or 

affiliate of the Receiving Party) to whom disclosure is reasonably necessary for 

this litigation each of whose violation of this Protective Order will subject such 

person and affiliate Party to contempt or other sanction;

(c) to Experts to whom disclosure is reasonably necessary for this 

litigation and who shall be provided a copy of this Protective Order and shall be 

bound hereby;

(d) subject to Section 9, to the Court and its personnel in this 

action, including any relevant appellate court, in the event that any portion of this 

action is appealed;

(e) to court reporters, videographers, their staffs, Professional 

Vendors, and any private or Court-appointed mediator to whom disclosure is 

reasonably necessary for this litigation;

(f) during the preparation for and conduct of their depositions, to 

witnesses in the action to whom disclosure is reasonably necessary, who shall be 

provided a copy of this Protective Order and shall be bound hereby; 

(g) pursuant to any information request or subpoena by a 

governmental department or agency, subject to the provisions of Section 7, below;

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(h) pursuant to a subpoena by a non-governmental party, as 

provided, in Section 7, below; and 

(i) to the author or a recipient of the information or the original 

source of such Protected Material.

6.4 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information. Unless otherwise ordered by the Court or permitted in writing by the 

Designating Party, any information designated “CONFIDENTIAL –

ATTORNEY’S EYES ONLY” shall not be disclosed to (nor the content discussed 

with) anyone other than the following persons:

(a) the Receiving Party’s outside counsel in this action as well as 

attorneys, paralegals, law clerks, and support staff of said counsel to whom it is 

reasonably necessary to disclose the information for this litigation;

(b) a single, designated in-house counsel responsible for managing 

this litigation for a Party;

(c) Experts to whom disclosure is reasonably necessary for this 

litigation and who shall be provided a copy of this Protective Order and shall be 

bound hereby;

(d) deposition witnesses while on the record during their 

depositions whose testimony is being taken with respect to the information, or 

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about the subject matter of the information, who shall be provided a copy of this 

Protective Order and shall be bound hereby;

(e) the Court and its personnel in this action, including any 

relevant appellate court, in the event that any portion of this action is appealed;

(f) court reporters, videographers, their staffs, Professional 

Vendors, and any private or Court-appointed mediator to whom disclosure is 

reasonably necessary for this litigation;

(g) any person pursuant to any information request or subpoena by 

a governmental department or agency, subject to the provisions of Section 7, 

below;

(h) any person pursuant to a subpoena by a non-governmental 

party, as provided, in Section 7, below; and 

(i) the author or a recipient of the information or the original 

source of such Protected Material.

6.5 If Protected Material is disclosed or discussed at a deposition, only the 

court reporter, any videographer, the witness, a representative of the Parties, and 

any additional persons who are authorized by the terms of this Protective Order to 

see such material may be present for the portion of the deposition at which such 

Protected Material is discussed.

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7. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER PROCEEDINGS

7.1 If a Receiving Party is (a) subpoenaed in another action or 

proceeding; or (b) served with any other legal process (including but not limited to 

a court, administrative, or agency order) by a person not a party to this litigation,

and such subpoena or other legal process compels disclosure of any information or 

items designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL —–

ATTORNEYS’’ EYES ONLY,” the Receiving Party must so notify the 

Designating Party as well as all other Parties, in writing (by email or fax, if 

possible) as soon as reasonably possible and in no event more than five (5) court 

days after receiving the subpoena or legal process, such notification to include a 

copy of the subpoena or legal process.

7.2 The Receiving Party also must promptly inform in writing the party 

seeking disclosure of the Protected Material under Section 7.1, above, that some or 

all of the material sought is the subject of the Protective Order. In addition, the 

Receiving Party must send a copy of this Protective Order promptly to the person 

(other than a court or judicial office) seeking disclosure of the Protected Material.

7.3 In addition, the Receiving Party shall not voluntarily disclose the 

Designating Party’s Protected Material until ten (10) days after it has provided

notice to the Designating Party pursuant to Section 7.1, above, to allow the 

Designating Party time to challenge the subpoena or legal process. Absent a 

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timely challenge by the Designating Party no disclosure of Protected Material in 

compliance with any subpoena or legal process will be deemed a violation of this 

Protective Order.

7.4 If the Designating Party timely challenges the subpoena or legal 

process to disclose its Protected Material, the Designating Party shall be 

responsible, at its own cost, for obtaining any extension, order to quash, or other 

relief sufficient to relieve the Receiving Party of the obligation to comply with the 

subpoena or legal process. If the Designating Party notifies the Receiving Party

that it has objected to the subpoena or legal process within the time period set forth 

in Section 7.3, above, the Receiving Party shall not disclose the Designating 

Party’s Protected Material until resolution of any objection asserted by the 

Disclosing Party either by agreement or by final order of the Court with 

jurisdiction over the objection of the Disclosing Party. 

7.5 The Receiving Party shall not oppose the Designating Party’s efforts 

to obtain an extension, order to quash, or other relief from the obligation to comply 

with the subpoena or legal requirement, provided, however, that the Receiving 

Party at all times retains its rights to challenge any designation under this 

Protective Order.

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7.6 Nothing in these provisions shall be construed as authorizing or 

requiring a Receiving Party in this action to disobey any lawful directive from 

another court.

8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has 

disclosed Protected Material after its designation as such to any person or in any 

circumstance not authorized under this Protective Order, the Receiving Party shall 

immediately (a) notify in writing the Designating Party of the unauthorized 

disclosure(s), (b) use its best efforts to retrieve all copies of the Protected Material, 

(c) inform the person or persons to whom unauthorized disclosures were made of 

all the terms of this Protective Order, and (d) provide a copy of this Protective 

Order to whom unauthorized disclosures were made, thereby binding any such 

person to the terms herein. .

9. FILING PROTECTED MATERIAL

9.1 In connection with any court filing (e.g., motion) in which a Party 

reveals or appends Protected Material, the filing Party shall initially file a redacted

version omitting such material.

9.2 The Parties shall then meet and confer in good faith within seven (7) 

days of such filing to attempt to reach an agreement as to what portions, if any, of

such Protected Material should be sealed.

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9.3 If the Designating Party seeks to seal all or part of the Protected 

Material redacted from the original filing, the Designating Party within twenty-one 

(21) days of the of the initial redacted filing shall file a motion (which may include 

any stipulation of the Parties) for entry of a protective order permitting the filing of 

the redacted maerials under seal, in compliance with Local Rule 5.3(b). In the 

event no such motion is filed, the original filing Party shall re-file the complete, 

unredacted filing in the public record.

9.4 If a Designating Party files a motion to seal all of the Protected 

Material redacted from the original filing, then no public filing of the Protected 

Material will be made unless ordered by the Court. If the Court grants the motion 

to seal in whole or in part, then the Designating Party shall separately file in 

compliance with such order all sealed materials and “relate” that filing to the 

original (redacted) filing.

9.5 If the Designating Party files a motion for protective order seeking the 

sealing of some, but not all, of the Protected Material in the original filing, then the 

Designating Party shall be responsible for promptly providing the filing Party with 

a version of the original filing in Adobe .pdf format redacted so as to omit only the 

Protected Material that is the subject of the motion to seal, and the original filing 

Party will file a “MODIFIED REDACTED VERSION” of the original filing. 

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9.6 If the Court grants some, but not all, of the relief requested by 

Designating Party in its motion to seal, then the Designating Party shall be 

responsible for promptly providing an “AMENDED REDACTED VERSION” of 

the original filing in Adobe .pdf format reflecting the Court’s ruling, for filing by 

the original filing Party.

9.7 Nothing in this Protective Order shall be deemed to alter the legal 

standards for sealing any portion of the court record, or modify the requirements of 

Local Rule 5.3(a) (Sealing Items Authorized By Statute Or Rule). Any Protected 

Material made public as part of the court record in this case will no longer be 

treated as Protected Material under this Protective Order.

10. FINAL DISPOSITION

Unless otherwise ordered or agreed in writing by the Designating Party, 

within ninety (90) days after the final termination of this action (which shall be 

deemed to commence the day after all opportunities for further appeal or other 

review of the last final order or judgment entered by this or any court relating to 

any claim presented or sought to be presented in this action expire), each 

Receiving Party must return to the Producing Party or destroy all Protected 

Material. As used in this paragraph, “all Protected Material” includes materials 

described in Section 2 (“Scope”) of this Protective Order. With notice to the 

Designating Party, the Receiving Party may destroy some or all of the Protected 

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Material instead of returning it to the Producing Party. Whether the Protected 

Material is returned or destroyed, the Receiving Party upon timely request must 

submit a written certification to the Producing Party (and, if not the same person or 

entity, to the Designating Party) by the 90 day deadline that all the Protected 

Material was returned or destroyed. Notwithstanding these provisions, counsel are 

entitled to retain archival copies of all pleadings, motion papers, transcripts, legal 

memoranda, correspondence, expert reports, or attorney work product, even if such 

materials contain Protected Material. Any such archival copies that contain or 

constitute Protected Material remain subject to this Protective Order as set forth in 

Section 3 (”Duration”), above. 

11. INADVERTENTLY PRODUCED DOCUMENTS

If a Party at any time notifies any other Party that it inadvertently produced 

documents, testimony, information, and/or things that are protected from 

disclosure under the attorney-client privilege, work product immunity, and/or any 

other applicable privilege or immunity, or the Receiving Party discovers such 

inadvertent production, the inadvertent production shall not be deemed a waiver of 

the applicable privilege or immunity. The Receiving Party shall return all copies 

of such documents, testimony, information, and/or things to the inadvertently 

producing Party within seven (7) court days of receipt of written notice of the 

inadvertent production from the Producing Party, and the Producing Party shall 

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provide a Privilege Log of all returned material within seven (7) days of their 

return. The Receiving Party shall not use such material or information derived 

therefrom for any purpose until further order of the Court. 

12. THIRD PARTIES

Any third party producing documents, information and/or providing 

testimony in this litigation may take advantage of this Protective Order in seeking 

to protect such person’s interests.

13. MISCELLANEOUS

13.1 Right to Further Relief. Nothing in this Protective Order abridges 

the right of any Party to seek its modification by the Court in the future. 

13.2 Right to Assert Other Objections. By stipulating to the entry of 

this Protective Order, no Party waives any right it otherwise would have to object 

to disclosing or producing any information or item on any ground not addressed in 

this Protective Order. Similarly, no Party waives any right to object on any ground 

to introduction or use as evidence of any of the Disclosure or Discovery Material 

covered by this Protective Order.

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13.3 Binding Effect on Recipients of Protected Material. Any person 

to whom Protected Materials is disclosed shall be given a copy of this Order and 

shall be be bound by its terms. 

IT IS SO ORDERED.

DATED: October 17, 2016 s/Gerald E. Rosen

U.S. District Court Judge

STIPULATED BY: 

/s/ Diana Gjonaj 

Diana Gjonaj (P74637)

MILBERG LLP

719 Griswold St, Suite 620

Detroit, MI 48226

Phone: (313) 309-1760

Counsel for Plaintiffs and the Proposed 

Class

/s/ Jessica Kaufman (w/ permission)

Jessica Kaufman

MORRISON & FOERSTER LLP

250 West 55th Street

New York, NY 10019-9601

Phone: 1 (212) 336.4257

Counsel for Defendant

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EXHIBIT A

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I, ____________________________________ [print or type full name], of 

__________________________________________________________________ 

[print or type full address], declare under penalty of perjury that I have read in its 

entirety and understand the Protective Order Re. Confidential Information that was 

entered by the United States District Court for the Eastern District of Michigan on 

________________, 2016 (“Protective Order”), in the case of Solo v. United 

Parcel Service Co., Case No. 2:14-cv-12719-GER-RSW. I agree to comply with 

and to be bound by all the terms of such Protective Order, and I understand and 

acknowledge that failure to so comply could expose me to sanctions and 

punishment in the nature of contempt. I solemnly promise that I will not disclose 

in any manner any information or item that is subject to such Protective Order to 

any person or entity except in strict compliance with the provisions of such 

Protective Order.

If information designated as “CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” pursuant to such Protective Order is disclosed to me, I further agree that I 

will not share or use such information in a manner that could harm the competitive, 

financial or commercial interests of any person whose interest are protected by 

such designation.

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I further agree to submit to the jurisdiction of the United States District 

Court for the Eastern District of Michigan for the purpose of enforcing the terms of 

such Protective Order, even if such enforcement proceedings occur after 

termination of this action or of my current employment.

Dated: _______________________________________________________

City and State where signed: _____________________________________

Printed name: _________________________________________________

Signature: ____________________________________________________

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