,

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

Judy Graham, 

Plaintiff, 

Case No. 2:12-cv-1114 

V. 

Judge Algenon L. Marbley 

Compass Group USA, Inc., Magistrate Judge Elizabeth P. Deavers 

Defendant. 

STIPULATION & PROTECTIVE ORDER 

Pursuant to Rules 26 of the Federal Rules of Civil Procedure and by stipulation of the 

parties, the Court enters this Protective Order relating to discovery, in any form whatsoever, that 

is taken in connection with this matter. The Parties have agreed that there is the need for 

discovery in this litigation and that some of the information the Parties may seek or develop 

through discovery in this case may contain or consist of confidential and/or proprietary business 

information. The parties have further agreed that there is a need for a Protective Order to govern 

the discovery of such information. Accordingly, the Court hereby orders that discovery that is 

taken in connection with this matter is subject to the following terms and conditions: 

IT IS THEREFORE ORDERED: 

1. Any Party may designate as "Confidential" any material that it produces in the 

course of discovery proceedings herein when such Party in good faith believes such material 

contains sensitive personal and/or confidential medical, employment, personnel, financial, and/or 

proprietary business information (hereafter "Confidential Material"). For the purposes of this 

Protective Order, the Party designating information or material as Confidential Material is 

referred to as the "Designating Party"; 

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2. All financial records, medical records and all information contained in such 

records shall be deemed "Confidential" and shall be clearly marked as such by the Party required 

to produce the documents or the Party receiving the documents via medical release; 

3. All Confidential Material shall be used only for the purpose of the proceedings in 

this case, including hearings, motions, trial and any appeals; 

4. The Parties agree to limit the disclosure of Confidential Material and all 

information contained therein to only those individuals involved in the prosecution, defense 

and/or adjudication of this litigation, including Parties and/or current or former employees of the 

Parties who require access to Confidential Material for purposes of this litigation, Counsel for 

the respective parties, including in-house and outside counsel (and employees of said counsel 

who are assisting in the prosecution or defense of this litigation), necessary third-party advisors, 

the Court (including Court reporters, stenographic reporters, and Court personnel), lay and expert 

witnesses, and other persons only by written consent of the producing party or upon order of the 

Court and on such conditions as may be agreed or ordered; 

5. Inadvertent production of any document and/or information without a designation 

of "Confidential" will not be deemed to waive a Party's claim to its confidential nature or 

prohibit any Party from subsequently designating said document or information as 

"Confidential." Documents produced before the entry date of this Order, or documents produced 

but not stamped as "Confidential," may retroactively be so stamped and shall not be construed to 

be a waiver, in whole or in part, of that Party's claims of confidentiality. Disclosure by the other 

Party prior to such later designation shall not be deemed a violation of the provisions of this 

Order; 

6. In the event that Confidential Material is referenced in whole or in part and/or 

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.. 

included in depositions, exhibits or other items filed with the Court, the Party submitting said 

Confidential Material shall, if also the Designating Party, either redact any and all Confidential 

Material from the document prior to filing or file a motion for the documents to be preserved 

under seal, and upon the Judge signing an Order granting the party's Motion, shall submit the 

documents to the Court under seal. If the Party submitting said Confidential Material is not also 

the Designating Party, the submitting Party shall confer with the Designating Party to determine 

whether there is an acceptable way to redact the Confidential Material from the document prior 

to filing. If the Designating Party indicates that redaction is not agreeable, a party may, in lieu of 

redacting Confidential Material from a document, file a motion for the documents to be 

preserved under seal, and upon the Judge signing an Order granting the party's Motion, shall 

submit the documents to the Court under seal; 

7. Any designation that material is Confidential is subject to challenge by any party 

or nonparty with standing to object. Before filing any motions or objections to a confidentiality 

designation with the Court, the objecting party shall have an obligation to meet and confer in a 

good faith effort to resolve the objection by agreement. If agreement is reached confirming or 

waiving the Confidential designation as to any documents subject to the objection, the 

Designating Party shall serve on all parties a notice specifying the documents and the nature of 

the agreement; 

8. Nothing in this Order shall affect the admissibility of any documents or other 

evidence at trial or hearing in this action; 

9. This Order is entered based on the representations and agreements of the parties 

and for the purpose of facilitating discovery. Nothing herein shall be construed or presented as a 

judicial determination that any documents or information designated "Confidential" pursuant to 

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this Protective Order are subject to protection under Rules 26 of the Federal Rules of Civil 

Procedure or otherwise, until such time as the Court may rule on a specific document or issue; 

10. Upon completion of the above-captioned litigation, including the running of any 

time to appeal or to move for relief under the Rules, any and all copies of Confidential Material 

shall either be returned to the Designating Party or shall be destroyed. If the documents are 

destroyed pursuant to this paragraph, counsel shall provide a certification so stating. 

DATED this 31st day of October 2013. 

SO STIPULATED AND APPROVED: 

Is/ Michael D.J Eisenberg 

Michael D.J. Eisenberg 

Michael@Eisenberg-Lawoffice.com 

Law Office of Michael D.J. Eisenberg 

700 12th Street, NW, Suite 700 

Washington, DC 20005 

Attorneys for Plaintiff 

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BY THE COURT: 

~k;tvt~~ 

ELIZABETH A. PRESTON DEAVERS 

UNITED STATES MAGISTRATE JUDGE 

Is/ Thomas M.L. Metzger 

Thomas M.L. Metzger (0059694) 

tmetzger@littler.com 

Brooke E. Niedecken (0079142) 

bniedecken@littler .com 

LITTLER MENDELSON 

21 East State Street, 16th Floor 

Columbus, OH 43215 

Telephone: 614.463.4201 

Facsimile: 614.221.3301 

Attorneys for Defendant 

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