IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION, 

 

Plaintiff, 

SAMANTHA DAY-BAKER, 

Plaintiff-Intervenor, 

v. 

DOLGENCORP, LLC, 

Defendant. 

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CIVIL ACTION NO. 

2:12-cv-00338-MHW-MRA 

 

AGREED PROTECTIVE ORDER 

 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Plaintiff Equal 

Employment Opportunity Commission (“EEOC”), Plaintiff-Intervenor Samantha Day-Baker 

(“Plaintiff-Intervenor” or “Day-Baker”), and Defendant Dolgencorp, LLC (“Defendant” or 

“Dollar General”), through their respective counsel, hereby agree to the entry of this Order for 

the protection of certain confidential information which may be produced or otherwise disclosed 

during the course of this action. 

IT IS HEREBY ORDERED THAT:

 For the purposes of this Order, the following definitions shall govern:

1. “CONFIDENTIAL INFORMATION” shall include the following categories of 

information, if produced by a party and/or a party’s agent in discovery:

(a) Names, social security numbers, financial account numbers, credit card 

numbers, mothers’ maiden names, passwords, driver’s license numbers or state 

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identification numbers, dates of birth; 

(b) Home addresses, e-mail addresses, and telephone 

numbers; 

(c) Names of minor children; 

(d) Confidential personal information relating to Plaintiff-Intervenor, 

Darla Householder, and/or Dollar General’s current or former employees, including, but 

not limited to insurance records, medical records of any kind, tax records, and payroll 

records; 

(e) Personnel or employment records of a person who is not party to the case; 

(f) Information that may be considered a trade secret under the Uniform 

Trade Secrets Act; 

(g) Proprietary or confidential business information about software 

or computer programs used by the parties and/or their agents; and 

(h) Any other confidential information that is legally protected under 

standards developed under Fed. R. Civ. P. 26(c) and not publicly available. 

Notwithstanding the designation of any material as “Confidential” under this Section, by 

so designating such material, the Designating Party in no way concedes that such material is 

relevant to this action. 

2. “COUNSEL” shall mean all attorneys of record in the above-captioned case and their 

agents; and 

3. “SUPPORT PERSONNEL” shall mean any clerical and/or support staff employed by 

COUNSEL, specifically including (i) secretarial support staff, (ii) paralegal employees, (iii) any 

independent stenographer retained to record and transcribe testimony in this action; (iv) any 

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independent videographer retained to record testimony in this action; and (v) any in-house or 

independent entity retained or used for the sole purpose of making photocopies of 

CONFIDENTIAL INFORMATION. 

4. Any information disclosed pursuant to this Protective Order shall be used solely for the 

purposes of this lawsuit and may not be used, or disclosed, for any other purpose including, but 

not limited to, other litigation involving the issues raised in the instant lawsuit. 

5. In responding to written discovery, the parties shall designate the portion of their 

response which contains CONFIDENTIAL INFORMATION pursuant to this Order, by marking 

the material in a manner that will not interfere with its legibility as follows: “CONFIDENTIAL 

– subject to the Protective Order.” 

6. The receiving party’s COUNSEL shall be permitted to disclose such CONFIDENTIAL 

INFORMATION to their client(s) and any consulting and/or testifying experts only to the extent 

necessary to prepare this matter for trial and then only after such individuals have read this 

Stipulated Protective Order and have specifically agreed in writing not to discuss, disclose, or 

otherwise use any CONFIDENTIAL INFORMATION of the disclosing party in violation of the 

terms and spirit of this Protective Order. The requirement of a written agreement shall be 

satisfied by having the individual sign a copy of the sample Confidentiality Letter attached 

hereto. The original signed copy of the Confidentiality Letter shall be kept by COUNSEL for 

the receiving party. 

7. The receiving party’s COUNSEL shall be permitted to disclose CONFIDENTIAL 

INFORMATION to SUPPORT PERSONNEL without the need for a written agreement 

provided each individual is instructed to maintain such information in strict confidence and then 

only to the extent necessary to prepare this matter for trial. 

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8. The receiving party, COUNSEL, all SUPPORT PERSONNEL thereof, and any experts 

employed by the receiving party or COUNSEL are strictly prohibited from disclosing 

CONFIDENTIAL INFORMATION to any individual not contemplated by the terms of this 

Protective Order absent a court order, subpoena, or the written consent of the originating party. 

If a party receives a subpoena or legally enforceable order requiring disclosure of any 

CONFIDENTIAL INFORMATION, the receiving party shall object to the disclosure of such 

information, citing this Protective Order, and shall within two business days of receipt of the 

subpoena or order, and in no event later than five business days before the receiving party is 

required to respond to the subpoena or comply with the order, provide notice thereof to the 

originating party and its counsel. 

9. Nothing contained herein shall preclude a party from requesting or seeking an order 

permitting the disclosure of CONFIDENTIAL INFORMATION to non-party witnesses. The 

parties agree to confer in good faith to resolve any concerns regarding the disclosure of 

CONFIDENTIAL INFORMATION to non-party witnesses. 

10. CONFIDENTIAL INFORMATION disclosed during a deposition shall be so designated 

on the record and, unless otherwise agreed by COUNSEL, the Court Reporter shall be instructed 

to separately transcribe such testimony under separate cover with each page thereof clearly 

marked as “CONFIDENTIAL.” The parties agree that they will use good faith efforts to raise 

issues of confidentiality on the record at the deposition. However, failure to raise confidentiality 

on the record does not constitute a waiver of the right to designate testimony as confidential. 

The party seeking to designate deposition testimony as confidential shall do so by written 

designation within fifteen (15) business days of receipt of a deposition transcript. Unless the 

parties intend to designate all of the information contained within a deposition transcript as 

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confidential material, counsel for that party should indicate in a clear fashion (i.e., by page-andline) the portion of the testimony which is intended to be designated as confidential. The nondesignating party shall then have 15 (business) days to object to said designation. If the parties 

are unable to reach agreement, the designating party shall, by written motion, bring the matter to 

the Court’s attention for resolution. 

11. The provisions of this Protective Order shall not affect, and this Order does not limit, the 

use or admissibility of CONFIDENTIAL INFORMATION (or references to that material) as 

evidence at trial, or during a hearing or similar proceeding in this action, the filing of documents 

and pleadings, or as part of the record on appeal, provided that either party may seek an 

appropriate Court Order sealing CONFIDENTIAL INFORMATION. 

12. If the receiving party intends to file any document designated “CONFIDENTIAL 

INFORMATION” the receiving party shall file the document under a provisional seal. Any 

party filing a document provisionally under seal must contemporaneously file a motion to 

maintain the document under seal, unless the filing party cites, in the required cover sheet, a 

statute, rule, or pre-existing court order that authorizes the document to be filed under seal. S.D. 

Ohio L.R. 79.3. If the filing party is also the party that designated the document as confidential 

during discovery, then it shall support its motion to maintain seal with a separate brief containing 

a developed legal and factual showing that the document qualifies for sealing according to the 

independent standards for sealing court filings that have been established by statute, rule, and 

caselaw. 

If the filing party is not the designating party, then the brief in support of the motion shall 

be filed by the designating party. The filing party’s motion to maintain the seal must cite the 

specific terms of the operative protective order that (1) require the filing party to provisionally 

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file the document under seal and (2) provide that the brief supporting the motion will be filed by 

the designating party. Within seven days of the filing of the motion to maintain the seal, the 

designating party must file a supporting brief containing a developed legal and factual showing 

that the document qualifies for sealing according to the independent standards established by 

statute, rule, and/or caselaw for sealing documents in court. If the designating party does not 

have a legal and factual basis for maintaining the document under seal, then, within seven days 

of the filing of the motion to maintain the provisional seal, the designating party shall file a 

motion to unseal the document, explaining that, as the designating party, it does not have a basis 

for sealing the document. If the designating party’s brief asks that only specifically identified 

content of the document be sealed, then the brief shall attach a redacted version of the document 

for the public file. 

13. The attorneys of record, where practicable, shall redact Confidential Information 

contained within documents produced under this protective order and file such redacted copies 

for the public record. 

14. Nothing in this Protective Order shall be deemed to preclude any party or interested 

member of the public from seeking and obtaining, on an appropriate showing, a modification of 

this Order including additional protection with respect to the confidentiality of material or the 

removal of a Confidential designation. Should counsel or an interested member of the public 

disagree with any designation of a document as CONFIDENTIAL, he or she first shall attempt to 

resolve the dispute with the EEOC, Plaintiff-Intervenor, and Dollar General’s counsel and, if 

unsuccessful, apply to the Court for a determination as to whether the document or information 

should remain designated as CONFIDENTIAL INFORMATION. 

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15. Procedures for utilizing and disclosing CONFIDENTIAL INFORMATION during trial 

shall be discussed and agreed upon by the parties prior to the submission of the Final Pre-trial 

Order and, if necessary, incorporated therein. 

16. If any of the parties hereto believe that this Protective Order unreasonably impedes 

discovery to a party or the use of information discovered from a party for purposes of this 

litigation, or provides insufficient protection regarding discovery materials produced by a party, 

such party may serve notice upon the parties and request the Court modify this Consent 

Protective Order. The parties may amend paragraph 1 of this Protective Order, by agreement, if 

necessary, to designate additional documents as “CONFIDENTIAL INFORMATION.” 

17. Acceptance by a party of any information, document or thing identified as 

“Confidential” pursuant to this Protective Order shall not constitute a concession that the 

information, document or thing is confidential material.

18. Upon termination of this litigation, whether by final judgment and appeal, or by 

settlement, all materials and documents designated as CONFIDENTIAL INFORMATION, as 

well as all copies, summaries, and abstracts thereof, shall be returned to the originating source or 

destroyed. However, this provision does not apply to designated documents that have been filed 

in Court. 

IT IS SO ORDERED this 18th day of March, 2013. 

 Entered: 

 s/Mark R. Abel 

 United States Magistrate Judge 

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APPROVED: 

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY 

 COMMISSION 

By: /s/ Lawrence Mays 

LAWRENCE MAYS 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

1240 East Ninth Street, Suite 3001 

Cleveland, OH 44199 

PLAINTIFF-INTERVENOR SAMANTHA DAY-BAKER 

By: /s/ Christopher Trolinger 

CHRISTOPHER TROLINGER 

FARLOW & ASSOCIATES, LLC 

270 Bradenton Avenue, Suite 100 

Dublin, OH 43017 

DEFENDANT DOLGENCORP, LLC 

 

By: /s/ Katherine E. Kenny 

Katherine E. Kenny 

MORGAN, LEWIS & BOCKIUS LLP 

77 West Wacker Drive 

Chicago, IL 60601 

Joel S. Allen 

MORGAN, LEWIS & BOCKIUS LLP 

1717 Main Street 

Suite 3200 

Dallas, TX 75201 

Case: 2:12-cv-00338-MHW-MRA Doc #: 18 Filed: 03/19/13 Page: 8 of 9 PAGEID #: <pageID>
Re: EEOC v. Dolgencorp, LLC, Civil Action No. 2:12-cv-00338-MHW-MRA. 

My name is _______________________________________. I live at 

________________________________________________________________. 

 

The undersigned hereby acknowledges that he/she has read, is fully familiar with, and 

understands the terms of the Agreed Protective Order entered in the above-entitled action on or 

about _______________, 2013, that he/she is going to be a proper recipient of the confidential 

information as contemplated by the Protective Order, that he/she will not disclose the 

confidential information to any person to whom disclosure is not authorized by the terms of the 

Protective Order, that he/she will not use the confidential information in any manner whatsoever 

other than for purposes of the above-entitled action, and that he/she agrees to be bound by the 

terms of the Protective Order. The undersigned further agrees that the Court in the aboveentitled action has personal jurisdiction over him/her for the purposes of any proceeding or 

hearing related to such Confidential Information and/or the Protective Order, including but not 

limited to any proceeding that relates to the enforcement of the Protective Order. 

The understand acknowledges and understands that any use of such confidential documents, 

information, materials, or testimony (or any portions or summaries thereof) in any manner 

contrary to the provisions of the Protective Order may be subject to a sanction from this Court 

for violating the Order. 

 

SWORN TO AND SUBSCRIBED BEFORE ME this _____ day 

of , 20__. 

NOTARY PUBLIC, STATE OF ____________ 

 

Notary’s Printed Name 

My Commission Expires: 

_____________________ 

 

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