IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

PAMELA SUE MASON CASENO.: 2:17-CV-787

ChiefJudge Edmund A. Sargus, Jr.

Magistrate Judge Elizabeth P. Deavers

Plaintiff

-vsOhio CVS Stores, LLC

Defendant.

STIPULATED PROTECTIVE ORDER

Upon stipulation of the parties for an order pursuant to Fed. R. Civ. P. 26(c) that

confidential information be disclosed only in designated ways:

1. As used in the Protective Order, thesetermshavethe following meanings:

"Attorneys" means counsel ofrecord;

"Confidential" documents are documents designated pursuant to paragraph 2;

"Documents" arc all materials within the scope ofFed. R. Civ. P. 34;

"Outside Vendors" meansmessenger, copy,coding, andotherclerical-services vendors not

employed by a party or its Attorneys;and

"Written Assurance" means an executed document in the form attached as Exhibit A.

2. A Party maydesignate a document "Confidential", to protect information within thescope

ofFed.R.Civ. P. 26(c).
3. All Confidential documents, along with the information contained in the documents, shall

be used solely for the purpose ofthis action, and no person receiving such documents shall,

directly or indirectly, use, transfer, disclose, or communicate in any way the documents or

their contents to any person other than those specified in paragraph 4. Any other use is

prohibited.

4. Access to any Confidential document shall be limited to:

(a) the Court and its staff;

(b) Attorneys, their law firms, and their Outside Vendors;

(c) persons shown on the face ofthe document to have authored or received it;

(d) court reporters retainedto transcribe testimony;

(e) the parties;

(f) outside independent persons ("i.e.. persons not currently or formerly

employed by, consulting with, or otherwise associatedwith any party) who

are retained bya partyor itsAttorneys to provideassistance as mockjurors

or focus group members or the like, or to furnish technical or expert

services, and/or to give testimony in this action.

5. Third parties producing documents in the course of this action may also designate

documents as "Confidential", subject to the same protections and constraints as the parties

to the action. A copy of the Protective Order shall be served along with any subpoena

served in connection with this action. All documents produced by such third parties shall

be treated as "Confidential" for a period of 14 daysfrom the dateoftheir production, and

during that period any partymaydesignate such documents as "Confidential" pursuant to

the terms ofthe Protective Order.
6. Each person appropriately designated pursuant to paragraphs 4(f) to receive Confidential

information shall execute a "Written Assurance" in the form attached as Exhibit A.

Opposing counsel shall be notified at least 14 days prior to disclosure to any such person

who is known to be an employee or agent of, or consultant to, any competitor ofthe party

whose designated documents are sought to be disclosed. Such notice shall provide a

reasonable description of the outside independent person to whom disclosure is sought

sufficient to permit objection to be made. If a party objects in writing to such disclosure

within 14 days after receipt of notice, no disclosure shall be made until the party seeking

disclosure obtains the prior approval ofthe Court or the objecting party.

7. Ail depositions or portions of depositions taken in this action that contain confidential

information may be designated"Confidential" and therebyobtain the protections accorded

other "Confidential" documents, Confidentiality designations for depositions shall be

made either on the record or by written notice to the other party within 14 days ofreceipt

of the transcript. Unless otherwise agreed, depositions shall be treated as "Confidential"

during the 14-day period following receipt ofthe transcript. The deposition ofany witness

(or any portion of such deposition) that encompasses Confidential information shall be

taken only in the presence ofpersons who are qualified to have access to such information.

8. Any party who inadvertently fails to identifydocuments as "Confidential" shall, promptly

upon discovery of its oversight, provide written notice of the error and substitute

appropriately-designated documents. Any party receiving such improperly designated

documents shall retrieve such documents from persons not entitled to receive those

documents and, upon receipt of the substitute documents, shall return or destroy the

improperly-designated documents.
9. If a party files a document containing Confidential information with theCourt, itshall do

so in compliance with the Electronic Case Filing Procedures for the Southern District of

Ohio, Eastern Division. Prior to disclosure at trial or a hearing ofmaterials or information

designated "Confidential", the parties may seek further protections against public

disclosure from the Court.

10. Any party may request a change in the designation of any information designated

"Confidential". Any such document shajl be treated as designated until the change is

completed. If the requested change in designation is not agreed to, the party seeking the

change may move the Court for appropriate relief, providing notice to any third party

whosedesignation ofproduced documents as "Confidential" in the action maybe affected.

The party asserting thatthematerial is Confidential shall have the burden of proving that

the information in question is within the scope of protection afforded by Fed. R, Civ. P.

26(c).

11. Within 60 days ofthe termination ofthis action, including any appeals, each party shall

either destroy or return to the opposing party all documents designated by the opposing

party as "Confidential", and all copies of such documents, and shall destroy all extracts

and/or data taken from such documents. Each party shall provide a certification as to such

return or destruction within the 60-day period. However, Attorneys shall be entitled to

retain a set of all documents filed with the Court and all correspondence generated in

connection with the action.

12. Any party may apply to the Court for a modification ofdie Protective Order, and nothing

in this Protective Order shall be construed to prevent a party from seeking such further

provisions enhancing or limiting confidentiality as may be appropriate.
13. No action taken in accordance with the Protective Order shall be construed as a waiver of

any claimor defensein die action or of any position as to discoverability or admissibility

ofevidence.

14. The obligations imposed by the Protective Order shall survive the termination of this

action.

Stipulated to:

Date: —"Z--

Date:

IT IS SO ORDERED.

Date: April 6, 2018

By: ^

/72i6/t

/s/ Elizabeth A. Preston Deavers

ELIZABETH A. PRESTON DEAVERS

UNITED STATES MAGISTRATE JUDGE
EXfflBIT A

WRITTEN ASSURANCE

declares that;

1 reside at in the City of

County of_ , State of

My telephone number is

I am currently employed by located at

and my current job title is

. I have read and I understand

the terms of the Protective Order dated , filed in Case No.

pending in the United States District Court for the Southern District ofOhio, Eastern Division. I

agree to comply with and be bound by the provisions ofthe Protective Order. I understand that

any violation ofthe Protective Order may subject me to sanctions by the Court,

I shall not divulge any documents, or copies of documents, designated "Confidential"

obtained pursuant to suchProtective Order, or the contents ofsuchdocuments, to anyperson otiier

than those specifically authori2ed by the ProtectiveOrder. I shall not copy or use such documents

except for the purposes ofthis action and pursuant to the terms ofthe Protective Order.

As soon as practical, but no later than 30 days after final termination ofthis action, I shall

return to the attorney from whom I have received them, any documents in my possession

designated "Confidential", and all copies, excerpts, summaries, notes, digests, abstracts, and

indices relating to such documents.
I submit myself to the jurisdiction of the United States District Court for the Southern

District of Ohio, Eastern Division for the purpose of enforcing or otherwise providing relief

relating to the Protective Order.

Executed on

(Date) (Signature)