IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

CASE NO. 2:17-cv-00197-ALM-KAJ

JUDGE ALGENON L. MARBLEY

MAGISTRATE JUDGE JOLSON

STIPULATED PROTECTIVE ORDER

IT IS ORDERED that this Stipulated Protective Order shall govern the above-captioned

case as follows:

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

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

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

directly therefrom (all such materials are collectively referred to as “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 federal courts, this Order shall

be strictly construed in favor of public disclosure and open proceedings wherever possible. This

Order supplements the Federal Rules of Civil Procedure, the Local Rules of this Court, and any

other orders of this Court. Unless explicitly stated in this Order, nothing displaces any part of

these aforementioned rules or orders.

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

BRIAN EASTER,

PLAINTIFF,

v.

BEACON TRI-STATE STAFFING, INC., et

al.,

DEFENDANTS.
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“CONFIDENTIAL” 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 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. Any party 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 (i.e.,

pages and lines) or to any exhibit to be designated as CONFIDENTIAL. A party wishing to

designate any portion of a deposition transcript or any portion of a deposition exhibit as

CONFIDENTIAL shall serve its designations upon all other parties within thirty (30) days after

receiving the transcript of the deposition. Thereafter, the deposition transcripts and any those

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

terms of this Order.
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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 Section 5(b) for any purpose whatsoever other than to prepare for

and to conduct discovery and trial in this action, including any appeal.

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 below in subsections (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 to this Order and, in the case of a corporation or

other business entity, any employees of the corporation or other business entity by

written consent of the producing party, but only after such employees of the

corporation or other business entity have completed the certification contained in

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

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

engaged for depositions.

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

or experts (collectively referred to 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
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in Attachment A, Acknowledgment of Understanding and Agreement to Be

Bound.

(5) Others by Consent. Other persons only by written consent of the

producing party or upon order of the Court for good cause shown. All such

persons shall execute the certification contained in Attachment A,

Acknowledgment of Understanding and Agreement to Be Bound.

c. Attorneys’ Eyes Only. If there are Documents designated

CONFIDENTIAL that contain medical or psychiatric information, 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 those

Documents may also be designated “ATTORNEYS’ EYES ONLY,” at which point they

may only be viewed by the persons listed in Sections 5(b)(1), (3), (4), and (5).

d. Control of Documents. Counsel for the parties shall take reasonable and

appropriate measures to prevent unauthorized disclosure of Documents designated as

CONFIDENTIAL. Counsel shall maintain the originals of the forms signed by persons

acknowledging their obligations under this Order for a period of one (1) year after

dismissal of the action, the entry of final judgment, and/or 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 referred to 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
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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.

6. Filing Documents Under Seal. Any party wishing to file under seal a Document

that has been designated CONFIDENTIAL must comply with Section XI.A the Court’s 6th Civil

Amended Administrative Order (the “Administrative Order”). Consistent with the

Administrative Order, no document may be filed under seal except as permitted by a specific

order of the Court on a motion or stipulation that sufficiently demonstrates the specific

justification for filing the particular Document under seal.

7. Use of Confidential Documents or Information at Trial or any Hearing. All trials

and hearings 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 or at any hearing.

If a party intends to present at trial CONFIDENTIAL Documents or information derived

therefrom, such party shall file with the Clerk a notice, at least five (5) days before the

commencement of trial or hearing, that identifies 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 or at hearing.

8. Obligations on Conclusion of Litigation. The parties are bound by the following

obligations upon the conclusion of this action:
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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 Designated Documents. Within thirty (30) 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 Section 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 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 Designated 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 or

hearing under seal or otherwise restricted by the Court as to disclosure.
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9. Dispute Resolution. Any CONFIDENTIAL designation is subject to challenge by

any party or non-party with standing to object. Before filing a motion with the Court disputing a

designation, the objecting party has an obligation to meet and confer in good faith to try to

resolve the dispute by agreement. If agreement is reached confirming or waiving a designation,

the designating party shall serve on all parties a notice specifying the documents and the nature

of the agreement.

10. Objections Preserved. By agreeing to this Order, the parties do not waive any

objections as to the production, discoverability, authenticity, admissibility, or confidentiality of

Documents.

11. Cooperation. The parties agree to act cooperatively and meet and confer

regarding any issues arising under or related to this Order.

12. Procedure and Time Periods. This Order is also subject to the Local Rules of this

Court and the Federal Rules of Civil Procedure on matters of procedure and calculation of time

periods.

13. Modifications. Any term of this Order may be varied by agreement of the parties

or nonparties, confirmed in writing; by the Court for good cause shown; or by the Court on its

own motion.

14. 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 in this Order shall be construed or presented as a judicial determination on any

discovery disputes, including without limitation that any Documents or information designated

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

Procedure, until such time as the Court has ruled on a specific discovery dispute or designation.
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15. 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: May 24, 2017 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

CASE NO. 2:17-cv-00197-ALM-KAJ

JUDGE ALGENON L. MARBLEY

MAGISTRATE JUDGE JOLSON

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY

THE STIPULATED PROTECTIVE ORDER

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 in accordance with the Order solely for the purposes of the abovecaptioned 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:

Address: 

Date:

Signature: 

BRIAN EASTER,

PLAINTIFF,

v.

BEACON TRI-STATE STAFFING, INC., et

al.,

DEFENDANTS.