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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

On behalf of their respective parties, undersigned counsels hereby stipulate, agree and

move the Court to enter into the following protective order governing the use of confidential

information (“Stipulated Protective Order”). The Order is made pursuant to Rule 26(c) of the

Federal Rules of Civil Procedure to limit the disclosure of produced and discovered information,

for the protection of third parties and to preserve confidentiality of certain matters. The parties

agree to be bound by the terms and restrictions of this Stipulated Protective Order limiting the

use of such information as hereinafter provided from the date that each party signs this order.

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. 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 may designate documents as confidential

and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL

- SUBJECT TO PROTECTIVE ORDER” 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 - SUBJECT TO PROTECTIVE ORDER designation. Documents shall be

designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of

the production or disclosure of the documents. The designation “CONFIDENTIAL - SUBJECT

TO PROTECTIVE ORDER” 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.

JOSE IRIZARRY, Case No. 2:17-CV-0744

Plaintiff, Judge Michael H. Watson

v.

Magistrate Judge Kimberly A. Jolson

LIEUTENANT RING, et al.,

Defendants. STIPULATED PROTECTIVE

ORDER
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3.Documents Which May be Designated CONFIDENTIAL - SUBJECT TO

PROTECTIVE ORDER. Any party may designate any document as CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER 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, non-public Ohio Department of Rehabilitation and Correction policies

and procedures, or such other sensitive information that is not publicly available. Public records

and other information or documents that are publicly available may not be designated as

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

4.Depositions. Deposition testimony shall be deemed CONFIDENTIAL - SUBJECT TO

PROTECTIVE ORDER 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 - SUBJECT TO

PROTECTIVE ORDER. Thereafter, the deposition transcripts and any those portions so

designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER,

pending objection, under the terms of this Order.

5.Protection of Confidential Material.

(a) General Protections. Documents designated CONFIDENTIAL - SUBJECT TO

PROTECTIVE ORDER 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.

(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not

disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO

PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER:

(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
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(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.

(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 - SUBJECT TO

PROTECTIVE ORDER under this Order, or any individual portion of such a

document, shall be affixed with the designation “CONFIDENTIAL - SUBJECT

TO PROTECTIVE ORDER” 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.

(e) Inadvertent Production. Inadvertent failure to designate any information

pursuant to this Stipulated Protective Order shall not constitute a waiver of any

otherwise valid claim for protection. In the event of an inadvertent disclosure of

Confidential information without proper designation, the producing party shall

inform the receiving party of the error. Upon discovery of the inadvertent

disclosure of Confidential information, the producing party shall provide within

five (5) business days a properly designated set of such Confidential Information

to the receiving party. The receiving party shall destroy copies of the improperly

designated documents and certify such destruction to the producing party.

Inadvertent production of any document or information without a designation of

“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall otherwise be

governed by Fed. R. Evid. 502, and the applicable Federal Rules of Civil

Procedure.

6.Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Documents

Under Seal. The Court highly discourages the manual filing of any pleadings or documents

under seal. To the extent that a brief, memorandum or pleading references any document marked

as CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER, 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.
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(a) Before any document marked as CONFIDENTIAL - SUBJECT TO

PROTECTIVE ORDER is filed under seal with the Clerk, the filing party shall

first consult with the party that originally designated the document as

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER to determine whether,

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

may be filed with the Court not under seal.

(b) Where agreement is not possible or adequate, to the extent that it is necessary for

a party to discuss the contents of any confidential information in a written

pleading, then such portion of the pleading may be filed under seal with leave of

Court.

(c) In such circumstances, counsel shall prepare two versions of the pleadings, a

public and a confidential version. The public version shall contain a redaction of

references to CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER

documents. The confidential version shall be a full and complete version of the

pleading.

(d) The parties shall follow the Court’s or Clerk of Court’s electronic filing method

for documents to be filed under seal and shall not file any confidential documents

or pleadings manually with the Clerk of Court.

(e) The confidential version shall be filed with the Clerk under seal as above. A copy

of the unredacted, confidential version also shall be delivered to the judicial

officer’s chambers and to opposing counsel. The public version shall be filed on

the public docket.

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

SUBJECT TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE ORDER

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. If counsel for the

parties cannot resolve such a dispute extra-judicially, then the procedures set forth in Fed. R.

Civ. P. 26(c) shall be followed by the party asserting confidentiality.

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

designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER shall be by motion under

any 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 should be construed

as an attempt to limit 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. The

Undersigned specifically agree that this Stipulated Protective Order shall not prejudice the right

of any party or non-party to move for a separate protective order or other discovery order as to
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any such particular document or information, to seek exemptions or restrictions differing from

those specified herein, or to challenge the status of any information as being protected by Fed.

Civ. R. 26(c), regardless of its designation as Confidential Information by a producing party.

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

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

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or information derived

therefrom, such party shall provide advance notice to the other party on whichever date comes

earlier: at least (5) days before the commencement of trial, or on the deadline for exchanging

trial exhibits. The notice shall identify 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 - SUBJECT TO PROTECTIVE ORDER documents or information.

In response to any such notification, a party’s objection to the use of CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER documents or information at trial shall request a meeting

to confer in a good faith effort to resolve the objection by agreement. If agreement cannot be

reached, the objecting party may file a motion with the Court.

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 - SUBJECT TO PROTECTIVE ORDER

Documents. Within sixty days after dismissal or entry of final judgment not

subject to further appeal, all documents treated as CONFIDENTIAL - SUBJECT

TO PROTECTIVE ORDER 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 - SUBJECT TO PROTECTIVE

ORDER, 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 - SUBJECT TO PROTECTIVE ORDER under

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 - SUBJECT TO

PROTECTIVE ORDER documents.

11.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
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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.

12.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 - SUBJECT TO PROTECTIVE ORDER 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.

13.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: November 22, 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.

Respectfully submitted,

/s/ Jacqueline C. Greene

JACQUELINE C. GREENE (0092733)

SARAH GELSOMINO (0084340)

TERRY H. GILBERT (0021948)

FRIEDMAN &GILBERT

55 Public Square, Suite 1055

Cleveland, OH 44113-1901

Tel: (216) 241-1430

Fax: (216) 621-0427

jgreene@f-glaw.com

sgelsomino@f-glaw.com

tgilbert@f-glaw.com

Counsel for Plaintiff Jose Irizarry

MICHAEL DEWINE (0009181)

Ohio Attorney General

/s/ Zachary R. Huffman (per e-mail consent)

ZACHARY R. HUFFMAN (0085391)

ZOE A. SAADEY (0089181)

Assistant Attorneys General

Criminal Justice Section, Corrections Unit

150 East Gay Street, 16th Floor

Columbus, Ohio 43215

Phone: (614) 728-3338

Fax: (855) 721-0923

Zachary.Huffman@OhioAttorneyGeneral.gov

Zoe.Saadey@ohioattorneygeneral.gov

Counsel for Defendants Ring and Wysocki

Date: November 21, 2017
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CERTIFICATE OF SERVICE

I hereby certify that on November 21, 2017, a copy of the foregoing was filed

electronically. Notice of this filing will be sent to all registered parties by operation of the

Court’s electronic filing system. Parties may access this filing through the Court’s system.

/s/ Jacqueline C. Greene

JACQUELINE C. GREENE (0092733)

One of the Attorneys for Plaintiff
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ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

The undersigned hereby acknowledges that he/she has read the 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 -

SUBJECT TO PROTECTIVE ORDER 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:

Job Title:

Employer:

Business Address:

Date: Signature:

JOSE IRIZARRY, Case No. 2:17-CV-0744

Plaintiff, Judge Michael H. Watson

v.

Magistrate Judge Kimberly A. Jolson

LIEUTENANT RING, et al.,

Defendants. ACKNOWLEDGMENT AND

AGREEMENT TO BE BOUND