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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION

ANTHONY GOLIO, M.D., : 

 : 

 Plaintiff, : Case No. 2:11CV 757 

 : 

 v. : MAGISTRATE JUDGE ABEL 

 : 

ADENA HEALTH SYSTEM, et al., : 

 : 

 Defendants. : 

STIPULATED PROTECTIVE ORDER

Plaintiff Anthony Golio, M.D. and Defendants Adena Health System (“Adena”), Mark 

Shuter, Karen D. Bolton, Esq., Anthony C. Freeman, D.O., Derrick L. Reedus, Sr., M.D., and 

Jeff Collins (collectively “Individual Defendants”) hereby agree through their respective trial 

counsel to this Stipulated Protective Order (“Order”). It is therefore ORDERED as follows: 

 (1) If a party in good faith believes that any written, recorded or graphic material, 

tangible items or any other form of information the party produces in this action pursuant to pretrial discovery, court order or agreement of the parties, or otherwise intends to use as evidence in 

this action, contains unpublished financial data, trade secrets, proprietary information, 

commercially sensitive or confidential personal or business information, including but not 

limited to, personnel or payroll record information concerning one or more of the Individual 

Defendants and/or Defendant Adena’s current or former employees, such as employment 

agreements, work performance, salary and benefits, and disciplinary records, dates of birth, 

social security numbers, residential addresses and telephone numbers, and medical information, 

the producing party may designate such material as confidential by stamping the words 

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” on the document. Designation of 

documents as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” shall mean that 

such documents are subject to the restrictions of this Order and shall not mean that the 

documents are confidential for any other purpose. 

 (2) Any party may challenge the designation of “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” by indicating in writing within thirty (30) days of the designation that 

the party challenges the designation. The parties shall then try to resolve any dispute concerning 

designation in good faith pursuant to the requirements of S.D. Ohio Civ. R. 37.1. If such efforts 

are unsuccessful, the challenging party will have seven (7) days to file a motion with the Court to 

challenge the designation, or otherwise establish that the designated material is not protected 

under the provisions of this Order. Until such time as the Court rules on any pending motion 

challenging a Confidential Material designation, the challenging party shall treat the information 

as Confidential Material within the meaning of paragraph 1 of this Order. 

(3) Materials designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE 

ORDER” shall not be disclosed or used in any manner except as provided below: 

(a) Attorneys who are counsel of record for the parties in this action, 

their employees (including paralegals, clerical or other assistants), and corporate 

counsel shall have access to the materials designated “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” for use only in the prosecution or 

defense of this action; provided that each such attorney and/or employee receiving 

access to such materials shall read or be informed of the terms and conditions of 

this Order and shall be bound thereby. 

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(b) Independent consultants, such as scientists, statisticians, certified 

public accountants, technical personnel, or other experts retained by the parties or 

their counsel, shall have access to the materials designated “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” for use only in the prosecution or 

defense of this action; provided that each such consultant receiving access to such 

materials shall read this Order and sign an agreement to be bound by the terms of 

this Order, which signed agreement shall be kept by the attorney(s) who retained 

the consultant. 

(c) The parties and persons directly employed by the parties shall have 

access to the materials designated “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” only to the extent necessary for the prosecution or 

defense of this action; provided that each such person receiving access to such 

materials shall read this Order and sign an agreement to be bound by the terms of 

this Order, which signed agreement shall be kept by the attorney(s) for the 

respective party. 

(d) Materials designated “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” may be shown to witnesses and their respective counsel 

at depositions taken in this action and may be marked as exhibits to such 

depositions, provided that reasonable notice that such materials produced by the 

opposing party may be used at the deposition has first been given to that party and 

there is no pending motion for a protective order to prevent or limit such use. 

Such notice shall not be required to use a “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” document at the deposition of a party or representative, 

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current employee, or former employee thereof if the document was originally 

produced by that party. 

(e) Materials designated as “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” shall be filed under seal with the Clerk of Courts and 

not be available for public inspection. “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” materials filed with the Court as an exhibit or appendix 

to any other document, and portions of depositions or other transcripts pertaining 

to such exhibits or appendices, shall also be filed under seal. Documents shall be 

filed under seal in accordance with S.D. Ohio Civ. R. 79.3. The parties may agree 

that certain material initially designated as “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” need not be subject to the foregoing requirement to file 

under seal, but any such agreement must be in writing. 

(f) Copies of materials designated as “CONFIDENTIAL – SUBJECT 

TO PROTECTIVE ORDER” shall be made only as necessary in connection with 

the prosecution or defense of this action. All such copies and all extracts, 

summaries, and notes pertaining thereto shall be treated as “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” materials under this Order. 

(g) Any materials designated as “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” obtained or solicited pursuant to this Order shall be 

retained under appropriate security until the termination of this action. In the 

event that a document designated as “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” is disclosed to someone not authorized to receive it, 

counsel for the party involved shall immediately give notice of such unauthorized 

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disclosure, including a full description of all pertinent facts, to the opposing 

counsel. If a party inadvertently produces information subject to any privilege, 

upon notice from the producing party, the recipient shall promptly return or 

destroy all such information, including all copies thereof and all documents 

incorporating or referring to such information. 

(h) Within thirty days after dismissal or entry of final judgment not 

subject to further appeal, all documents designated as “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” and all copies thereof shall be returned 

to the producing party unless: (1) the document has been offered into evidence 

or filed without restriction as to disclosure; (2) the parties agree to destruction in 

lieu of return; or (3) as to documents bearing the notations, summations, or other 

mental impressions of the receiving party, that party elects to destroy the 

documents and certifies to the producing party that it has done so. Documents 

containing HIPAA-protected health information are subject to the foregoing 

requirement; however, the exception set forth in (1) is not applicable to said 

documents. Notwithstanding the above requirements to return or destroy 

documents, counsel may retain attorney work product, including an index which 

refers or relates to information designated “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER,” so long as that work product does not duplicate 

verbatim substantial portions of the text or images of confidential documents and 

the work product does not contain HIPAA-protected health information. Any 

work product meeting the foregoing conditions shall continue to be 

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” under this Order. 

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(i) After dismissal or entry of final judgment not subject to further 

appeal, the Clerk may elect to return to counsel for the parties or, after notice, 

destroy documents filed or offered at trial under seal or otherwise restricted by the 

Court as to disclosure. To the extent the Clerk returns to counsel any documents 

treated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” under 

this Order and/or containing HIPAA-protected health information, such 

documents are subject to ¶ 3(h). 

(4) Unless otherwise agreed or ordered, this Order shall remain in force after 

dismissal or entry of final judgment not subject to further appeal. 

(5) Neither the taking of any action in accordance with the provisions of this Order 

nor the failure to object to such action shall be construed as a waiver of any claim or defense in 

this action. 

(6) Nothing contained in this Order shall be construed to limit, restrict or otherwise 

affect the ability of any party to seek the production of documents, testimony or information 

from any source. 

(7) Nothing in this Order imposes any condition upon a party’s use of any 

information or document at trial, nor prevents a party from using any “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” information or document during a hearing or at trial. 

This Protective Order shall not otherwise prohibit a party from seeking additional protections 

from the Court. 

 s/Mark R. Abel 

 Mark R. Abel 

 United States Magistrate Judge 

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AGREED and APPROVED: 

s/ Douglas E. Graff 

Douglas E. Graff (0013222), Trial Attorney 

James M. McGovern (0061709) 

Levi J. Tkach (0086025) 

GRAFF & McGOVERN, L.P.A 

604 East Rich Street 

Columbus, OH 43215 

Telephone: (614) 228-5800 

Fax: (614) 228-8811 

E-mail: doug@grafflaw.com 

 jmcgovern@grafflaw.com 

 levi@tkachme.com 

Attorneys for Plaintiff 

s/ Donald R. Keller 

Donald R. Keller (0022351), Trial Attorney 

Katherine Spies Giumenti (0042424) 

BRICKER & ECKLER LLP 

100 South Third Street 

Columbus, OH 43215-4291 

Telephone: (614) 227-2300 

Fax: (614) 227-2390 

E-mail: dkeller@bricker.com 

 kgiumenti@bricker.com 

Attorneys for Defendants

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