3830290v1

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

BRANDON PARISCOFF, et al., 

 

 Plaintiffs, 

: 

: 

: 

: 

CASE NO. 2:11-cv-0258 

Judge Graham 

 vs. : 

: 

Magistrate Judge Abel 

JPMORGAN CHASE BANK, N.A., 

 Defendant. 

: 

: 

: 

: 

STIPULATED PROTECTIVE ORDER

Upon stipulation of all parties and for good cause shown, IT IS HEREBY ORDERED 

THAT: 

1. “Confidential Information” shall mean any information, whether oral or written, 

produced during the course of discovery by a party or non-party subpoenaed in connection with 

this action (the “Producing Party”) that the Producing Party or any party to this action 

reasonably and in good faith believes would disclose confidential, proprietary, or personal 

information. Either before or after production, or after the party to whom production is made 

(the “Receiving Party”) has inspected the documents produced for inspection and copying and 

has made an election as to the documents which that party will copy for retention, the 

Producing Party shall designate Confidential Information as “Confidential” or “Confidential: 

Subject to Protective Order.” Documents produced in this action may be designated by any 

party or parties by marking each page of the document in this manner. Documents 

unintentionally produced or produced prior to the date of this Order without such designation 

may be retroactively designated as Confidential Information by written notice of the Producing 

Party and shall be treated as Confidential Information from the date of such notice. 

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2. All Confidential Information produced or exchanged in the course of this 

litigation shall be treated as strictly confidential and shall be used solely for the purpose of 

preparation, trial, or any appeal of this litigation and for no other purpose whatsoever, and 

shall not be disclosed to any person or used for any purpose except in accordance with the 

terms of this Order. 

3. All Confidential Information shall be maintained under strict confidence by trial 

counsel for the parties and shall not be disclosed or made available by the Receiving Party to 

persons other than “Qualified Persons.” Qualified Persons as used herein means: 

(a) members or employees of trial counsel’s firm who are engaged in the 

preparation for any hearing or trial in this action; 

(b) court reporters in the performance of their official duties; 

(c) this Court, including Court personnel; 

(d) expert witnesses or consultants retained solely for purposes of this 

litigation; 

(e) the parties, including current employees, officers and directors of the 

 corporate defendants; 

(f) a witness, if that witness was sent or a party to the document, 

 in order to refresh his/her memory; 

(g) court-appointed or private mediators; 

(h) members of the jury at trial for publication; and 

(i) any other person upon the prior written consent of the Producing Party 

 or upon order by the Court. 

4. The parties may designate certain Confidential Information as “Confidential 

Attorneys’ Eyes Only” when such material constitutes or reveals a trade secret or other 

confidential research, development, or proprietary business information, and that such 

material is entitled to a higher level of protection than that accorded to materials 

designated as “Confidential.” Documents containing “Confidential — Attorneys’ Eyes Only” 

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information within the context of this Order shall mean any document that bears the 

legend (or which otherwise shall have had the legend recorded upon it in a way that brings 

its attention to a reasonable examiner) “Confidential — Attorneys’ Eyes Only” to signify 

that it contains information that a party’s trial counsel believes should be subject to 

protection under this Agreement. Documents marked “Confidential – Attorneys' Eyes 

Only” shall be marked and treated in the same manner as documents marked 

“Confidential” as provided in paragraph 1. 

5. All “Confidential — Attorneys’ Eyes Only” information produced during 

discovery shall be maintained in strict confidence by trial counsel in this lawsuit and shall 

be disclosed only to: 

(a) members or employees of trial counsel’s firm who are engaged in the 

preparation for any hearing or trial in this action; 

(b) court reporters in the performance of their official duties; 

(c) this Court, including Court personnel; 

(d) expert witnesses or consultants retained solely for purposes of this 

litigation provided that such witnesses or consultants are not otherwise 

affiliated with or employed by a party; 

(e) a witness, if that witness was sent or a party to the document, 

 in order to refresh his/her memory; and 

(f) court-appointed or private mediators; 

(g) members of the jury at trial for publication; and 

(h) any other person upon the prior written consent of the 

 Producing Party or upon order by the Court. 

6. Other than those persons identified in paragraphs 3(a)-(c), 3(e), 3(h) and 5(a)-(c) 

5(h), any person to whom Confidential Information is disclosed shall, prior to disclosure, be 

required by the disclosing party to read this Order and agree in writing to be bound by its 

terms and conditions and to subject himself or herself to the jurisdiction of this Court for the 

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purpose of contempt proceedings if he/she violates this Order. Such person shall execute an 

acknowledgment in the form attached to this Order as Exhibit A, prior to being given access to 

Confidential Information. Counsel for the party disclosing the Confidential Information shall 

maintain these written certifications, and they shall be made available to opposing counsel at 

any time upon request. The provisions of this paragraph shall survive final termination of this 

action. 

7. As used in this Order, “trial counsel” refers exclusively to counsel who have 

entered an appearance in this action on behalf of one or more of the parties. 

8. Nothing in this Order shall prevent a party from using at trial, hearing, during a 

deposition, or in connection with briefs or other papers filed with the Court, any Confidential 

Information, except that any such use shall not expand the persons to whom Confidential 

Information may be disclosed pursuant to this Order. In the event a party wishes to use 

Confidential Information in any papers filed with the Court or files deposition transcripts 

containing Confidential Information with the Court, the party shall file a motion for leave to 

file such papers and transcripts under seal with the Court in accordance with the local rules of 

Court. 

If Confidential Information is used during a deposition, that portion of the deposition 

will be conducted without the presence of any person or party, except the witness, not eligible 

to receive a disclosure of the information, and the transcript will be marked pursuant to this 

Order. Prior to the use of Confidential Information at trial or a hearing, the parties will discuss 

with the Court appropriate procedures to prevent disclosure of Confidential Information. 

Confidential Information shall not become a part of the public record except upon the written 

consent of the Producing Party or unless permitted by this Court, after the Producing Party has 

had an opportunity to present its arguments regarding confidentiality to the Court. 

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9. Depositions. 

(a) Documents containing Confidential Information may be used by any party at 

any deposition in this action provided that the terms of this Order, including the restrictions on 

who may have access to such information, as set forth in paragraphs 2 and 3, shall apply. 

(b) Oral deposition testimony may be designated as Confidential Information by 

making an appropriate statement on the record at the time of the deposition. Any party may 

also designate information disclosed at a deposition as Confidential Information by identifying, 

within thirty (30) days following receipt by counsel of a copy of the transcript, the specific pages 

and lines of the transcript that are so designated and notifying the other parties in writing of 

such designation. Irrespective of whether any designation is made at the time a deposition is 

taken, the entire transcript of each such deposition shall be treated as Confidential Information 

during the thirty (30)-day period. Unless otherwise designated as specified in this Order, the 

transcript shall not be treated as Confidential Information after the stated thirty (30)-day 

period. 

(c) Prior to the disclosure of Confidential Information at any deposition, the court 

reporter recording the same shall be furnished with a copy of this Order by the party taking the 

deposition or shall otherwise be informed that testimony, exhibits, and other Confidential 

Information may be disclosed only in accordance with the terms of the Order. When a 

transcript of the testimony is prepared, the court reporter shall conspicuously mark each page 

on which Confidential Information appears with an appropriate legend signifying its protected 

status and shall place the following legend on the cover of any transcript containing 

Confidential Information: “This transcript contains Confidential Information subject to a 

Protective Order of the Court.” The reporter shall treat the transcript in accordance with the 

terms of this Order. 

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10. Any person receiving Confidential Information under the terms of this Order 

shall make no use of the information except for purposes of the preparation for a hearing, trial, 

appeal or settlement of this action. No person shall make copies, extracts, or summaries of 

Confidential Information except under the supervision of counsel when, in the judgment of 

counsel, such copies or other papers are necessary for the conduct or settlement of the action. 

Each such copy or other paper shall be conspicuously marked with an appropriate legend 

signifying its status as Confidential Information. Counsel and all other persons to whom 

Confidential Information is disclosed pursuant to paragraphs 2 or 3, as the case may be, of this 

Order shall take reasonable and appropriate precautions to avoid loss or inadvertent disclosure 

of such materials. 

11. Nothing contained in this Order shall be construed as an admission by any party 

that any document or information designated as “Confidential Information” is in fact 

confidential, propriety or a trade secret or as a waiver by either party of its right to object to the 

subject matter of any discovery request made in this action. The execution of this Order shall 

not be construed as an agreement by either party to produce any documents, supply any 

information, or permit entry upon land under Rule 34, Fed. R. Civ. P., and shall not constitute 

an admission that any evidence, including documents, which may exist is relevant in any way 

to the issues raised in this action or any related action or a waiver of any privilege with respect 

thereto. 

12. This Order shall be without prejudice to the right of any party to bring before 

this Court at any time the question of whether any particular information is discoverable, 

relevant to any issue in this case, or admissible. 

13. Designation by a party of information or a document as Confidential Information 

shall have no evidentiary significance and may not be used at a hearing or at trial for any 

purpose. A party’s failure to object to a Producing Party’s designation shall likewise have no 

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evidentiary significance and shall not constitute an admission that the information is 

confidential. 

14. If a Receiving Party disagrees at any time during this action with the Producing 

Party's designation, such party shall notify the Producing Party in writing of its disagreement 

with the designation. The parties shall first try to resolve the dispute in good faith on an 

informal basis. If the dispute cannot be resolved informally, the party challenging the 

designation may request appropriate relief from the Court pursuant to Civil Rule 37. 

15. Upon final termination of this action, whether by settlement, judgment or 

appeal, each party shall within sixty (60) days assemble and return to the opposing party, or 

certify the destruction of, all documentary material or memoranda embodying information 

designated “Confidential Information” including all copies of such memoranda or documentary 

material which may have been made. 

16. No later than thirty (30) days after the final termination of this action, counsel 

for each party shall contact the Court if they wish to retain any documents designated as 

Confidential Information. Otherwise, the Court will thereafter destroy any unclaimed 

documents so designated. 

17. This Order may be extended to additional parties or nonparties by written 

consent of all of the parties that are signatories to this agreement. 

18. This Order has no effect upon, and its scope shall not extend to, the 

Producing Party’s use of its own Confidential Information. 

IT IS SO ORDERED. 

 s/Mark R. Abel 

 United States Magistrate Judge 

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3830290v1 8

Accepted and Agreed to: 

/s/Blair K. Drazic (admitted pro hac vice)

by Sommer L. Sheely with email authority

Blair K. Drazic 

2139 12th Street, Suite 8 

Grand Junction, Colorado 81501 

(970) 623-1193 

(888) 858-0992 (facsimile) 

blairdrazic@aol.com

Trial Attorney for Plaintiffs 

OF COUNSEL: 

Ronald L. Burdge (0015609) 

2299 Miamisburg Centerville Road 

Dayton, Ohio 45459-3817 

(937) 432-9500 

(937) 432-9503 (facsimile) 

ron@ohioconsumerlaw.com 

 

 

/s/ Sommer L. Sheely 

 Justin W. Ristau (0075222) 

BRICKER & ECKLER LLP 

100 South Third Street 

Columbus, Ohio 43215-4291 

(614) 227-2300 

(614) 227-2390 (facsimile) 

jristau@bricker.com

Trial Attorney for Defendant 

OF COUNSEL: 

Nelson M. Reid (0068434) 

Sommer L. Sheely (0076071) 

Bricker & Eckler LLP 

100 South Third Street 

Columbus, Ohio 43215-4291 

Telephone: (614) 227-2300 

Facsimile: (614) 227-2390 

Email: nreid@bricker.com 

 ssheely@ bricker.com

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5602432v1

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

BRANDON PARISCOFF, et al., 

 

 Plaintiffs, 

: 

: 

: 

: 

CASE NO. 2:11-cv-0258 

Judge Graham 

 vs. : 

: 

Magistrate Judge Abel 

JPMORGAN CHASE BANK, N.A., 

 Defendant. 

EXHIBIT A

 

I, _________________________, hereby acknowledge and agree that I have been provided 

with a copy of the Stipulated Protective Order entered in the above captioned action; that I 

have read the Order; that I agree to be bound by its terms; and that I subject myself to the 

jurisdiction of the United States District Court for the Southern District of Ohio, for purposes of 

any action to enforce the terms of the Order. I understand that any violation of the Stipulated 

Protective Order by me or anyone acting under my control or direction may subject me to 

sanctions imposed by the Court, including, but not limited to, penalties for contempt of court. 

____________________ 

Date Signature 

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