UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

STACY NORRIS,

Plaintiff,

v.

GLASSDOOR, INC.,

Defendant.

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CASE NO: 2:17-cv-00791-ALM-KAJ

JUDGE ALGENON L. MARBLEY

MAGISTRATE JUDGE KIMBERLY A. JOLSON

STIPULATED PROTECTIVE ORDER

The parties to this Stipulated Protective Order have agreed to the terms of this Order; 

accordingly, it is ORDERED:

1. Scope. All documents produced in the course of discovery, including initial 

disclosures, all responses to discovery requests, all deposition testimony and exhibits, other 

materials which may be subject to restrictions on disclosure for good cause and information 

derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order 

concerning confidential information as set forth below. The Order is subject to the Local Rules 

of this Court and the Federal Rules of Civil Procedure on matters of procedure.

2. Form and Timing of Designation. A party or third-party producing documents 

or information may designate documents as confidential and restricted in disclosure under this 

Order by placing or affixing the words “CONFIDENTIAL” or “CONFIDENTIAL—

ATTORNEYS’ EYES ONLY” on the document in a manner that will not interfere with the 

legibility of the document and that will permit complete removal of the CONFIDENTIAL or 

CONFIDENTIAL—ATTORNEYS’ EYES ONLY designation. Documents shall be designated 

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY prior to or at the time of 

the production or disclosure of the documents. A party or third-party producing documents may 
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remedy an inadvertent failure to identify documents as CONFIDENTIAL or 

CONFIDENTIAL—ATTORNEYS’ EYES ONLY by supplemental written notice within a 

reasonable time after production by submitting to the receiving party properly marked documents 

or copies thereof, for which there was an inadvertent failure to identify the documents as 

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY. The designation 

“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” does not mean that 

the document has any status or protection by statute or otherwise except to the extent and for the 

purposes of this Order. A party which, prior to this Court’s entry of this Order, has previously 

produced documents in the course of discovery which would properly be designated as 

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY pursuant to the terms of 

this Order shall be permitted a period of ten (10) calendar days from entry of this Order to redesignate any documents previously produced. In such circumstances, the designating party 

shall provide written notice to the other party of such documentation, and shall provide new 

copies of the documents to be designated in accordance with the terms of this Order.

3. Documents Which May Be Designated CONFIDENTIAL. Any party or thirdparty producing documents may designate them as CONFIDENTIAL upon making a good faith 

determination that the documents contain information protected from disclosure by statute or that 

should be protected from disclosure as confidential personal information, medical, or psychiatric 

information, trade secrets, personnel records, or such other sensitive commercial information that 

is not publicly available. Public records and other information or documents that are publicly 

available may not be designated as CONFIDENTIAL.

4. Documents Which May Be Designated CONFIDENTIAL—ATTORNEYS’ 

EYES ONLY. A party may designate as “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 
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and subject to this Protective Order any material in this action that the designating party 

reasonably believes contains, reflects, or otherwise discloses trade secrets, confidential research 

and development, or other confidential or proprietary commercial information not otherwise 

available to the public, including but not limited to: (a) highly sensitive information relating to 

the use of proprietary strategies and methodologies, including the development of new 

proprietary strategies and methodologies; (b) highly sensitive non-public financial information 

concerning a party, including but not limited to sales goal information; (c) highly sensitive 

business planning or strategy information; (d) highly sensitive sales or marketing information; 

(e) customer lists or agreements, negotiations, or correspondence regarding customer

agreements, royalties, royalty rates, royalty reports, pricing, revenue, profit and loss information 

or any similar confidential customer information; or (f) following the finding of a waiver of the 

attorney-client privilege, communications either between attorneys for an entity or between an 

entity and its attorney.

5. Redacted Copies. A party producing documents labeled as CONFIDENTIAL—

ATTORNEYS’ EYES ONLY shall also provide a second version of the same documents with all 

highly sensitive information redacted, so that such second version may be designated as 

CONFIDENTIAL pursuant to the terms of this Order.

6. Depositions. Deposition testimony shall be deemed CONFIDENTIAL or 

CONFIDENTIAL—ATTORNEYS’ EYES ONLY if designated as such. Such designation shall 

be specific as to the portions of the transcript or any exhibit to be designated as 

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY. Thereafter, the 

deposition transcripts and any of those portions so designated shall be protected as 
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CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY, pending objection, 

under the terms of this Order.

7. Protection of Confidential and Confidential—Attorneys’ Eyes Only Material.

(a) General Protections. Documents designated CONFIDENTIAL or 

CONFIDENTIAL—ATTORNEYS’ EYES ONLY under this Order shall not be used or 

disclosed by the parties, counsel for the parties or any other persons identified in ¶¶ 7(b) 

and 7(c) for any purpose whatsoever other than to prepare for and to conduct discovery 

and trial in this action, including any appeal thereof.

(b) Limited Third-Party Disclosures of Confidential Documents. The 

parties and counsel for the parties shall not disclose or permit the disclosure of any 

CONFIDENTIAL documents to any person or entity except as set forth in subparagraphs 

(i) – (v) below. Subject to these requirements, the following categories of persons may 

be allowed to review documents that have been designated CONFIDENTIAL:

(i) Counsel. Counsel for the parties and employees and those agents 

of counsel who have responsibility for the preparation and trial of the action, 

including, but not limited to, any in-house counsel for a party who has 

responsibility for the action;

(ii) Parties. Parties and employees or a spouse of a party to this Order 

who are involved in the preparation and trial of this action;

(iii) The Court. Any personnel from a court having jurisdiction over 

this action or over witnesses involved in this action;

(iv) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions;
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(v) Consultants, Investigators, and Experts. Consultants, 

investigators, or experts (collectively, “experts”) employed by the parties or 

counsel for the parties to assist in the preparation and trial of this action, but only 

after the experts complete a form of the certification contained in Attachment A, 

Acknowledgment of Understanding and Agreement to be Bound;

(vi) Copying services; and

(vii) Others by Consent. 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. All such persons shall execute a form of the certification 

contained in Attachment A, Acknowledgment of Understanding and Agreement 

to be Bound.

(c) Limited Third-Party Disclosures of Confidential—Attorneys’ Eyes 

Only Documents. Absent the consent of the Designating Party, material designated 

“CONFIDENTIAL—ATTORNEYS’ EYES ONLY” may be disclosed only to:

(i) Counsel. Counsel for the undersigned parties and employees and 

those agents of counsel who have responsibility for the preparation and trial of the 

action, including, but not limited to, any in-house counsel for a party who has 

responsibility for the action;

(ii) The Court. Any court having jurisdiction over this action or over 

witnesses involved in this action and any persons employed by them working on 

this action;

(iii) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions;
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(iv) Consultants, Investigators, and Experts. Consultants, 

investigators, and experts, and their staffs retained by outside counsel to assist in 

preparation and trial of this action, who are agreed upon by the undersigned 

parties, who are not employees or otherwise affiliated with any of the parties, and 

who first agree to be bound by the terms of this Protective Order;

(v) Parties. The parties may view the documents on such condition 

that (a) the parties shall be permitted to view and the discuss the contents of all 

such documents in the presence of that party’s counsel, and (b) that the party shall 

not be provided electronic or hard copies of any such documents to view outside 

the presence of that party’s counsel. Furthermore, the parties may discuss the 

contents of such documents in the telephonic presence of counsel for that party 

subject to the conditions (a) the parties shall not be provided with electronic or 

hard copies of any such documents to view outside the presence of party’s 

counsel; and (b) that the party warrants and represents that it shall make no 

personal notes, transcriptions, or otherwise make a record of the information 

discussed so that such information could be viewed outside the presence of the 

party’s counsel;

(vi) Copying services; and

(vii) Others by Consent. 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. All such persons shall execute a form of the certification 

contained in Attachment A, Acknowledgment of Understanding and Agreement 

to be Bound.
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(d) Control of Documents. Counsel for the parties shall take reasonable and 

appropriate measures to prevent unauthorized disclosure of documents designated as 

CONFIDENTIAL and CONFIDENTIAL—ATTORNEYS’ EYES ONLY pursuant to the 

terms of this Order. Counsel shall maintain the originals of the forms signed by persons 

acknowledging their obligations under this Order for at least one year after dismissal of 

this action, entry of final judgment and the conclusion of any appeals arising therefrom.

(e) Copies. Prior to production to another party, all copies, electronic images, 

duplicates, extracts, summaries, or descriptions (collectively, “copies”) of documents 

designated as CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY 

under this Order, or any individual portion of such a document, shall be affixed with the 

designation “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” 

if the word does not already appear on the copy. All such copies shall thereafter be 

entitled to the protection of this Order. “Copies” shall not include indices, electronic 

databases, or lists of documents provided that they do not contain substantial portions or 

images of the text of confidential documents or otherwise disclose the substance of the 

confidential information contained in those documents.

8. Filing of CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY Documents Under Seal. To the extent that a brief, memorandum, or pleading references 

any document marked as CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY, then the brief, memorandum, or pleading shall refer the Court to the particular exhibit 

filed under seal without disclosing the contents of any confidential information.

(a) Before any document marked as CONFIDENTIAL or CONFIDENTIAL 

—ATTORNEYS’ EYES ONLY is filed under seal with the Clerk, the filing party may 
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first consult with the party or third-party that originally designated the document as 

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY to determine 

whether, with the consent of that party or third-party, the document or a redacted version 

of the document may be filed with the Court not under seal.

(b) Before a CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY document is filed with the Court, or if a party seeks a prior agreement and such is 

not possible or adequate, the party seeking to file the document shall, in accordance with 

S.D. Ohio Civ. R. 5.2.1(a), seek leave from the Court to file the document under seal, and 

upon obtaining leave from the Court, file the document electronically using the Court’s 

ECF system as provided in S.D. Ohio Civ. R. 5.1.

(c) To the extent that it is necessary for a party to discuss the contents of any 

confidential information in a written pleading, counsel shall prepare two versions of the 

pleadings, a public version and a confidential version. The public version shall contain a 

redaction of references to CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ 

EYES ONLY documents. The confidential version shall be a full and complete version 

of the pleading and shall be filed with the Clerk under seal, once leave from the Court has 

been obtained in the manner set forth in Subparagraph 8(b) above.

9. Challenges by a Party to Designation as Confidential or Confidential—

Attorneys’ Eyes Only. Any CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY designation is subject to challenge by any party or non-party 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 or 
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY designation as to any documents or testimony 

subject to the objection, the designating party shall serve on all parties a notice specifying the 

documents and the nature of the agreement. If any party disputes the other party’s designation of 

a document as confidential, the burden of proof resides with the party asserting confidentiality to 

prove that it deserves such treatment.

10. Action by the Court. Applications to the Court for an order relating to any 

documents designated CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY 

shall be by motion and any other procedures set forth in the Court’s standing orders or other 

relevant orders. To the extent such a motion is made regarding materials produced by a thirdparty, the third-party shall be provided with reasonable notice and an opportunity to be heard. 

Nothing in this Order or any action or agreement of a party under this Order limits the Court’s 

power to make any orders that may be appropriate with respect to the use and disclosure of any 

documents produced or use in discovery or at trial.

11. Use of Confidential or Confidential—Attorneys’ Eyes Only Documents or 

Information at Trial. All trials are open to the public. Absent order of the Court, there will be 

no restrictions on the use of any document that may be introduced by any party during the trial. 

If a party intends to present at trial CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ 

EYES ONLY documents or information derived therefrom, such party shall provide advance 

notice to the other party or the third-party producing said CONFIDENTIAL records at least five 

(5) days before the commencement of trial by identifying the documents or information at issue 

as specifically as possible (i.e., by Bates number, page range, deposition transcript lines, etc.) 

without divulging the actual CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 
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ONLY documents or information. The Court may thereafter make such orders as are necessary 

to govern the use of such documents or information at trial.

12. Obligations on Conclusion of Litigation.

(a) Order Remains in Effect. Unless otherwise agreed by the parties or 

ordered, this Order shall remain in force after dismissal or entry of final judgment not 

subject to further appeal.

(b) Return of Confidential and Confidential—Attorneys’ Eyes Only 

Documents. Within thirty days after dismissal or entry of final judgment not subject to 

further appeal, all documents treated as CONFIDENTIAL or CONFIDENTIAL—

ATTORNEYS’ EYES ONLY under this Order, including copies as defined in ¶ 7(e), 

shall be returned to the producing party if the producing party requests them, in writing, 

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; (3) the documents are 

pleadings, attachments to pleadings or deposition transcripts or exhibits or (4) 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. 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 or CONFIDENTIAL—

ATTORNEYS’ EYES ONLY, so long as that work product does not duplicate verbatim 

substantial portions of the text or images of confidential documents. This work product 

shall continue to be CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY under this Order. An attorney may use his or her work product in a subsequent 
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litigation provided that its use does not disclose or use CONFIDENTIAL or 

CONFIDENTIAL—ATTORNEYS’ EYES ONLY documents.

(c) Return of Documents Filed under Seal. After dismissal or entry of final 

judgment not subject to further appeal, the Court may 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.

13. Inadvertent Production of Privileged Material. Any inadvertent production of 

documents otherwise subject to the attorney work product doctrine or the attorney-client 

communication privilege (“Privileged Material”) shall not on its own constitute a waiver of such 

immunity or privilege. The receiving party is obligated to notify the producing party in writing 

via facsimile or electronic mail, with confirmation by mail, of the receipt of documents that the 

receiving party reasonably believes may be Privileged Material. Such notification shall be 

provided within ten days of discovering such documents may be Privileged Material. The 

producing party then has ten days after receipt of such notification to request the return of such 

documents in writing via facsimile, certified mail or electronic mail. Failure to request the return 

of such documents in the aforementioned manner and time period may result in a waiver of the 

immunity or privilege. The parties agree to return any Privileged Material inadvertently 

produced within ten (10) days of receiving a timely request from the producing party to return 

the Privileged Material. The receiving party shall not maintain any copies of any Privileged 

Material returned pursuant to this Order.

14. Order Subject to Modification. This Order shall be subject to modification by 

the Court on its own motion or on motion of a party or any other person with standing 

concerning the subject matter.
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15. No Prior Judicial Determination. 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 or CONFIDENTIAL—ATTORNEYS’ EYES ONLY 

by counsel or the parties is subject to protection under Rule 26(c) of the Federal Rules of Civil 

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

16. Persons Bound. This Order shall take effect when entered and shall be binding 

upon all counsel, the parties, and persons made subject to this Order by its terms.

IT IS SO ORDERED.

Date: January 2, 2018 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

WE SO STIPULATE

and agree to abide by the

terms of this Order

s/ Rayl L. Stepter 

Rayl L. Stepter, Trial Attorney

Bar Number 0047505

Attorney for Plaintiff Stacy Norris

5650 Paul Blazer Parkway

Dublin, Ohio 443017

Tel: (614) 468-4100

Fax: (614) 468-4101

E-mail: raylstepter@stepterlaw.com

WE SO STIPULATE

and agree to abide by the

terms of this Order

s/ Joseph N. Gross

Joseph N. Gross, Trial Attorney

Bar Number 0056241

Richard E. Hepp

Bar Number 0090448

Attorneys for Defendant Glassdoor, Inc.

Benesch, Friedlander, Coplan & Aronoff LLP

200 Public Square, Suite 200

Cleveland, Ohio 44114-2378

Tel: (216) 363-4500

Fax: (216) 363-4588

Email: jgross@beneschlaw.com

rhepp@beneschlaw.com
ATTACHMENT A

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

STACY NORRIS,

Plaintiff,

v.

GLASSDOOR, INC.,

Defendant.

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CASE NO: 2:17-cv-00791-ALM-KAJ

JUDGE ALGENON L. MARBLEY

MAGISTRATE JUDGE KIMBERLY A. JOLSON

ACKNOWLEDGMENT OF UNDERSTANDING 

AND AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the Stipulated Protective 

Order dated ________________, in the above-captioned action and attached hereto, understands 

the terms thereof, and agrees to be bound by its terms. The undersigned submits to the 

jurisdiction of the U.S. District Court for the Southern District of Ohio for matters relating to the 

Stipulated Protective Order and understands that the terms of the Stipulated Protective Order 

obligate him/her to use documents designated CONFIDENTIAL or CONFIDENTIAL—

ATTORNEYS’ EYES ONLY in accordance with the Stipulated Protective Order solely for the 

purposes of the above-captioned action, and not to disclose any such documents or information 

derived therefrom to any other person, firm, or concern. The undersigned acknowledges that 

violation of the Stipulated Protective Order may result in penalties for contempt of court.

Name:

Job Title/Employer:

Date:

Signature