13. This Stipulated Protective Order may be signed in counterpart.

THE FORGED! GIS STIPULATED AND AGREED: _~ a. he /;
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Joby. Quinn, Esq. J. Julitis BolocK, Esq.
QUINN LOGUE LLC / QUINN LOGUE LLC
200 First Avenue, Third Floor 200 First Avenue, Third Floor
Pittsburgh, PA 15222 Pittsburgh, PA 15222
jquinn@quinnlogue.com jbolock@quinnlogue.com
(s{ Bag E. Lenrecd Upcwbes SPA eg:
Roy E. Leonard (0016359) Claudia L. Spriggs ~ (0074!
Leonard, PLLC LANE ALTON
105 Market Street, Suite 300 2 Miranova Place, Suite 220
Pittsburgh, PA 15222 Columbus, Ohio 43017
rleonard @leonardfirm.com cespriggs@ lanealton.com
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Ye. jean Fitzgerald
IT IS SO ORDERED,

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Magistrate Judge Chelsey M. Vascura



IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JEAN FITZGERALD , :
Plaintiff, : Case No. 2:17-cv-01059-GCS-
CMV
-vs- : Judge George C. Smith

THE KROGER CO., : Mag. Judge Chelsey M. Vascura
Defendants. :

WHEREAS, certain documents, information and other things arguably
discoverable under applicable rules of discovery in this action should be kept confidential
in order to protect the privacy or legitimate business interests of the parties; and

WHEREAS, the parties to this action have agreed on the terms of a Stipulated
Protective Order to govern the treatment, disclosure and dissemination of confidential
documents and information both during the pendency of the action and following its
termination, or until this Stipulated Protective Order is amended or superseded;

IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES, this Honorable
Court consenting, that:

1 This Agreed and Stipulated Confidentiality Agreement and Protective Order
(hereinafter “Stipulated Protective Order”) shall apply to and govern all documents,
information and things produced in discovery in this action or any other proceedings
herein which contain proprietary information, trade secrets, or other confidential
information, research, development or commercial information. Such items may include,
without limitation, documents and things produced, answers to interrogatories, answers
to requests for admissions, information obtained from inspection of premises or things,
and any other matter which the disclosing party shall designate as confidential pursuant
to Paragraph 6 herein, as well as all information, documents and things referring or
relating to the foregoing, including, but not limited to, copies summaries, digests,
compilations or abstracts (all of which are referred to collectively herein as “PROTECTED
MATERIAL”).


2. Except upon further Order of this Court, by express prior written consent of
counsel for the producing party, or as otherwise provided herein, PROTECTED
MATERIAL furnished in this action by any person or entity and information derived from
PROTECTED MATERIAL shall be used solely for the purpose of the litigation of this
action, and shall not be disclosed by the recipient to any person other than:

a. The parties and their attorneys, including the attorneys’ paralegals, clerks,
and court reporters, stenographic and word processing personnel, as
necessary in connection with the prosecution or defense of this action;

b. Insurers and/or claims adjusters/administrators for the parties or other
attorneys retained by insurers;

c Current or former directors, officers, and employees of the parties as
necessary to the prosecution or defense of this action;

d. A reasonable number of persons retained by the parties as expert
consultants or expert witnesses in the prosecution or defense of this action;
and

e. The Court.

3. Each person who knowingly receives PROTECTED MATERIAL designated
pursuant to this Stipulated Protective Order agrees to subject himself or herself to the
jurisdiction of the Court in which this action is pending for the purpose of any proceeding
to enforce performance under or compliance with this Stipulated Protective Order, or to
address any alleged violation thereof. Any party to whom PROTECTED MATERIAL is
disclosed shall provide al authorized recipients of PROTECTED MATERIAL with a copy
of this Stipulated Protective Order.

4. Except as provided herein, any person receiving PROTECTED MATERIAL
shall not (a) disclose such PROTECTED MATERIAL, or any part thereof, to any persons
to whom disclosure is not authorized by the terms of Paragraph 2; or (b) make any other
disclosure of such PROTECTED MATERIAL for any purpose whatsoever.

5. The recipient of any PROTECTED MATERIAL that is furnished pursuant to
this Stipulated Protective Order shall maintain the same in a secure and safe area, and
the recipient shall exercise due and proper care with respect to the storage, custody, use
or dissemination of all such PROTECTED MATERIAL to prevent its disclosure to any
unauthorized person.

6.  Alldocuments and other information hereinafter produced by a party which
that party considers to be confidential shall be watermarked with the notice
“PROTECTED MATERIAL —FITZGERALD LITIGATION Case No. 2:17-cv-01059-GCS-
CMV” at the time of production. Neither the existence of this Stipulated Protective Order
nor the designation of any material as PROTECTED MATERIAL shall have any effect or
bearing on whether the information contained therein is, in fact, confidential, but

2


documents and information designated PROTECTED MATERIAL shall be treated
consistent with the terms of this Agreed and Stipulated Confidentiality and Protective
Order unless the Court orders otherwise.

7. The terms of this Stipulated Protective Order shall not be construed to apply
to any non-protected information which was in the possession of any party prior to the
execution of this Stipulated Protective Order; to apply to information which appears in
published patents, copyrights, printed publications, or which was, is, or becomes public
knowledge, not in violation of this Stipulated Protective Order.

8. The inadvertent production of any document, information or thing that is
not designated PROTECTED MATERIAL consistent with Paragraph 6 shall not by itself
be deemed a waiver of the claim of confidentiality by the designating party as to such
matter, and any party thereafter may designate the same as PROTECTED MATERIAL by
circulating properly designated copies to the authorized recipient(s) of such matter.

9. At the conclusion of this action, upon written request from the party that
has disclosed PROTECTED MATERIAL, all PROTECTED MATERIAL (including all
copies thereof and all deposition transcripts and exhibits designated as PROTECTED
MATERIAL) shall be either: a) returned to the requesting party; or (b) destroyed, at the
option of the attorney to whom the PROTECTED MATERIAL was produced. If the
materials are destroyed, the attorney to whom the PROTECTED MATERIAL was
produced shall provide the disclosing party with an affidavit verifying the destruction of
said materials within thirty (30) days of the conclusion of the action. The return or
destruction of PROTECTED MATERIAL shall take place no later than thirty (30) days
after the unappealed or unappealable final judgment or settlement of this action.

10. The foregoing provisions of this Stipulated Protective Order shall apply to
all copies and forms of reproduction of PROTECTED MATERIAL and all summaries,
extracts or other materials prepared from PROTECTED MATERIAL by any person
subject to this Order.

11. This Stipulated Protective Order is without prejudice to the right of any
party to seek relief from the Court, upon good cause shown, from any of the restrictions
contained herein.

12. _ Any party may seek to enforce this Stipulated Protective Order by seeking
judicial relief, including but not limited to the imposition of sanctions, and this Court will
retain jurisdiction for the purpose of enforcement of this Stipulated Protective Order after
dismissal of the case.