IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ANNIE RAINES, on behalf of herself and 

others similarly situated,

Plaintiffs,

vs.

SALO, INC. d/b/a INTERIM 

HEALTHCARE,

Defendant.

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CASE NO. 2:17-cv-209

JUDGE MICHAEL WATSON

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, all 

documents and information obtained from non-parties through subpoena or otherwise, and 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. As there is a presumption in favor of 

open and public judicial proceedings in the federal courts, this Order shall be strictly construed in 

favor of public disclosure and open proceedings wherever possible. The Order is also subject to 

the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure 

and calculation of time periods. 

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

response to a subpoena or otherwise may designate documents as confidential and restricted in 

disclosure under this Order by placing or affixing the words “CONFIDENTIAL” on the 
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document in a manner that will not interfere with the legibility of the document and that will 

permit complete removal of the CONFIDENTIAL designation. Documents shall be designated 

CONFIDENTIAL prior to or at the time of the production or disclosure of the documents. The 

designation “CONFIDENTIAL” 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.

3. Documents Which May be Designated CONFIDENTIAL. Any party or non-party 

producing documents in response to a subpoena or otherwise may designate documents 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. Depositions. Deposition testimony shall be deemed CONFIDENTIAL 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. Thereafter, the deposition transcripts and any of 

those portions so designated shall be protected as CONFIDENTIAL, pending objection, under 

the terms of this Order.

5. Protection of Confidential Material.

(a) General Protections. Documents designated CONFIDENTIAL under this 

Order shall not be used or disclosed by the parties, counsel for the parties or any other 

persons identified in ¶ 5(b) for any purpose whatsoever other than to prepare for and to 

conduct discovery and trial in this action, including any appeal thereof.
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(b) Limited Third-Party Disclosures. The parties and counsel for the parties 

shall not disclose or permit the disclosure of any CONFIDENTIAL documents to any 

third person or entity except as set forth in subparagraphs (1)-(5). Subject to these 

requirements, the following categories of persons may be allowed to review documents 

that have been designated CONFIDENTIAL:

(1) Counsel. Counsel for the parties and employees and agents of counsel 

who have responsibility for the preparation and trial of the action;

(2) Parties. Parties and employees of a party to this Order;

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

engaged for depositions;

(4) Consultants, Investigators and Experts. Consultants, investigators, 

or experts (hereinafter referred to collectively as “experts”) employed by the 

parties or counsel for the parties to assist in the preparation and trial of this action 

or proceeding, but only after such persons have completed the certification 

contained in Attachment A, Acknowledgment of Understanding and Agreement 

to Be Bound; and

(5) 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 the certification contained in 

Attachment A, Acknowledgment of Understanding and Agreement to Be Bound.

If the CONFIDENTIAL documents contain highly sensitive trade secrets or other 

highly sensitive competitive or confidential information and disclosure to another party 

would result in demonstrable harm to the disclosing party, then the parties may stipulate 
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or move for the establishment of an additional category of protection that prohibits 

disclosure of such documents or information to subparagraph 2 above, or that limits 

disclosure to specifically designated in-house counsel or party representative(s) whose 

assistance is reasonably necessary to the conduct of the litigation and who agree to be 

bound by the terms of the order.

(c) Control of Documents. Counsel for the parties shall take reasonable and 

appropriate measures to prevent unauthorized disclosure of documents designated as 

CONFIDENTIAL 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 a 

period of 1 year after dismissal of the action, the entry of final judgment and/or the 

conclusion of any appeals arising therefrom.

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

duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as 

“copies”) of documents designated as CONFIDENTIAL under this Order, or any 

individual portion of such a document, shall be affixed with the designation 

“CONFIDENTIAL” if the word does not already appear on the copy. All such copies shall 

thereafter be entitled to the protection of this Order.

The term “copies” shall not include indices, electronic databases or lists of 

documents provided these indices, electronic databases or lists 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.
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(e) Inadvertent Production. Inadvertent production of any document or 

information without a designation of “CONFIDENTIAL” shall be governed by Fed. R. 

Evid. 502.

6. Filing of CONFIDENTIAL Documents Under Seal. Unless permitted by statute, 

parties cannot file documents under seal without leave of Court. Upon obtaining leave of Court, 

litigants must file the documents electronically using the ECF system as provided in S.D. Ohio 

Civ. R. 5.1. The Court may strike any document filed under seal if the filing party failed to 

obtain leave of Court.

7. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL 

designation is subject to challenge by any party or nonparty with standing to object (hereafter 

“party”). 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. Action by the Court. Applications to the Court for an order relating to any documents 

designated CONFIDENTIAL shall be by motion under Local Rule 7.1 and any other procedures 

set forth in the presiding judge’s standing orders or other relevant orders. 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.

9. Use of Confidential 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 
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may be introduced by any party during the trial. If a party intends to present at trial

CONFIDENTIAL documents or information derived therefrom, such party shall provide 

advance notice to the other party 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 documents or information. The Court may thereafter make such orders as are 

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

10. Obligations on Conclusion of Litigation.

(a) Order Remains in Effect. Unless otherwise agreed or ordered, this Order 

shall remain in force after dismissal or entry of final judgment not subject to further 

appeal.

(b) Return of CONFIDENTIAL Documents. Within thirty days after dismissal 

or entry of final judgment not subject to further appeal, all documents treated as 

CONFIDENTIAL under this Order, including copies as defined in ¶ 5(d), 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. 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, 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 under 
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this Order. An attorney may use his or her work product in a subsequent litigation 

provided that its use does not disclose or use CONFIDENTIAL documents.

(c) Return of Documents Filed under Seal. 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.

11. Inadvertent Production of Privileged Documents or Attorney Work Product. 

The inadvertent disclosure or production by any party of any document protected by the 

attorney-client or other privilege or by the attorney work-product doctrine (“Privileged 

Information”) shall not constitute, be construed as, or have the effect of a waiver of such 

privilege or protection. Upon discovery of the inadvertent disclosure of any Privileged 

Information, the producing party shall promptly notify all receiving parties of the inadvertent 

production of any Privileged Information. Any receiving party who has reasonable cause to 

believe that it has received Privileged Information shall promptly notify the producing party. 

Upon notice or knowledge of the inadvertent production, any receiving party shall immediately 

gather and return all copies of the Privileged Information to the producing party. If the parties 

cannot agree as to the claim of privilege, either of the parties may move the Court for a 

resolution, in which case the receiving party will sequester the information in question pending a 

resolution by the Court.

12. 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. Motions to modify this Order shall be served and filed under Local Rule 7.1 

and the presiding judge’s standing orders or other relevant orders.
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13. 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 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.

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

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

IT IS SO ORDERED.

Date: June 27, 2017 /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/ Hans A. Nilges

Hans A. Nilges (0076017)

Shannon M. Draher (0074304)

NILGES DRAHER, LLC

7266 Portage Street, N.W., Suite D

Massillon, OH 44646

Telephone: (330) 470-4428

Facsimile: (330) 754-1430

Email: hans@ohlaborlaw.com

 sdraher@ohlaborlaw.com

Counsel for Plaintiffs

/s/_Douglas M. Kennedy

Douglas M. Kennedy (0022053)

ROETZEL & ANDRESS, LPA

41 S. High Street

Huntington Center, 21st Floor

Columbus, OH 43215

Telephone: (614) 723-2004

Facsimile: (614) 463-9792

Email: dkennedy@ralaw.com

Paul L. Jackson (0073693)

ROETZEL & ANDRESS, LPA

222 South Main Street

Akron, Ohio 44308

Telephone: (330) 849-6657

Facsimile: (330) 376-4577

Email: pjackson@ralaw.com

Counsel for Defendant
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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ANNIE RAINES, on behalf of herself and 

others similarly situated,

Plaintiffs,

vs.

SALO, INC. d/b/a INTERIM 

HEALTHCARE,

Defendant.

)

)

)

)

)

)

)

)

)

)

CASE NO. 2:17-cv-209

JUDGE MICHAEL WATSON

ACKNOWLEDGEMENT AND 

AGREEMENT TO BE BOUND

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

Protective Order (“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 United States District Court for the Southern

District of Ohio in matters relating to the Protective Order and understands that the terms of the 

Protective Order obligate him/her to use documents designated CONFIDENTIAL in accordance 

with the Order solely for the purposes of the above-captioned action, and not to disclose any 

such documents or information derived directly therefrom to any other person, firm or concern.

The undersigned acknowledges that violation of the Protective Order may result in 

penalties for contempt of court.

Name: __________________________

Date: _______________________

Employer:____________________________ Job Title: _______________________________

Business Address: ______________________________________________________________

_______________________________________________________________

Signature: ____________________________________