11946800

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

COLUMBIA GAS TRANSMISSION, LLC, )

)

Plaintiff, )

)

v. ) Case No.: 2:17-cv-01048

)

35.635 ACRES OF LAND, MORE OR )

LESS, IN FAIRFIELD AND FRANKLIN ) Judge Michael H. Watson

COUNTIES, OHIO; STEVEN A. AND )

SUSAN M. WHARTON, et al., ) Magistrate Judge Chelsey M. Vascura

)

Defendants. )

)

AMENDED PROTECTIVE ORDER PURSUANT TO

FEDERAL RULE CIVIL PROCEDURE 26(c)

Upon stipulation of Plaintiff Columbia Gas Transmission, LLC (“Plaintiff”) and

Defendants Richard L. Paulus and Susan E. Paulus, Trustees (“Defendants R. Paulus and S.

Paulus’”) (collectively, the “Parties”) and it appearing to the Court that there is good cause to

enter an appropriate Protective Order pursuant to Federal Rule of Civil Procedure 26(c)

(“Protective Order”) to protect confidential information and materials which may be made

available in response to Defendants R. Paulus and S. Paulus’ discovery requests for purposes of

the upcoming Preliminary Injunction Hearing set for February 6, 2018 at 1:00 p.m. in Courtroom

3 before Judge Michael H. Watson, it is hereby ordered that the following principles and

procedures shall govern such discovery:

1. Scope. This Protective Order shall govern the handling of all documents

produced by Plaintiff in response to Defendants R. Paulus and S. Paulus’ interrogatories and

requests for production, dated January 18, 2018 (collectively, “Discovery Material”). This

Protective Order is binding upon the Parties hereto, their agents and employees, all counsel for

the Parties and their agents and employees, and all persons to whom disclosure of Confidential
106324371\V-4

2

Discovery Material pursuant to the terms hereof is made. The term “document” or “documents”

is used with the broadest meaning possible, and includes but is not limited to those materials

included in the definition of “documents” in Federal Rule of Civil Procedure Rule 34.

2. Confidential Discovery Material. Plaintiff may designate as “Case

Confidential” any Discovery Material containing trade secrets, proprietary or other confidential

commercial, business, or financial information, or other information of a personal or non-public

nature (“Confidential Discovery Material”).

3. Procedure for designation. Discovery Material may be designated as “Case

Confidential” as follows:

(a) In the case of documents or other materials, designation shall be made

by Plaintiff providing a list of the documents (by title of the PDF that Plaintiff produces) that are

to be treated as “Case Confidential” and protected by this Order. Notwithstanding the foregoing,

a failure to designate a document as “Case Confidential” by itself does not constitute a waiver of

such a claim. Plaintiff may designate a document as Confidential after the document has been

produced by providing written notice of the designation, and Defendants R. Paulus and S. Paulus

shall treat the document as Confidential Discovery Material in accordance with this Protective

Order.

4. Procedure for designation disputes. To the extent any dispute arises over

whether information is in fact confidential or proprietary, the Parties shall first try to resolve such

dispute in good faith on an informal basis. If the dispute cannot be informally resolved, the party

or person objecting to the designation of Discovery Materials as Confidential Discovery

Materials may by motion apply to the Court for a ruling that the Discovery Materials should not

be treated as Confidential Discovery Materials. While such a motion is pending and unless and

until a Court enters an order granting such a motion, the designated Confidential Discovery
106324371\V-4

3

Materials at issue shall continue to be treated as Confidential Discovery Materials in accordance

with the terms of this Protective Order

5. Authorized disclosure. Discovery Material that has been designated as

Confidential Discovery Material, or information derived therefrom, may be disclosed,

summarized, described, characterized, or otherwise communicated or made available only to the

following persons:

(a) In-house and outside counsel for the Parties, and regular and temporary

employees and contractors of such counsel necessary to assist in the conduct of the litigation.

(b) Experts or consultants retained by the Parties or the Parties’ counsel

solely for the purpose of assisting in prosecuting or defending the litigation. Prior to being

provided with Confidential Discovery Material, such experts or consultants shall be required to

confirm their understanding and agreement to abide by the terms of this Protective Order by

signing and agreeing to the terms of an undertaking in the form attached hereto as Exhibit A.

Signed copies of Exhibit A shall be obtained by, and retained in the files of, counsel for the

parties who have engaged such experts or consultants. The provisions of this paragraph shall

also apply to any employees or support staff who, as part of their employment with experts or

consultants, assist in the prosecution or defense of this litigation.

(c) Potential, anticipated, or actual fact witnesses or deponents (other than

witnesses and deponents covered by (d), below) and their counsel. Prior to being provided with

Confidential Discovery Material, such witnesses or deponents shall be required to confirm their

understanding and agreement to abide by the terms of this Protective Order by signing and

agreeing to the terms of an undertaking in the form attached hereto as Exhibit A. Signed copies

of Exhibit A shall be obtained by, and retained in the files of, counsel for the parties who provide

Confidential Discovery Material to such witnesses or deponents.
106324371\V-4

4

(d) The Parties and the officers, directors, and employees of the Parties, or

any subsidiary or affiliate thereof, who are assisting the Parties in this litigation, or who appear

as witnesses or deponents. Prior to being provided with Confidential Discovery Material, such

individuals shall be required to confirm their understanding and agreement to abide by the terms

of this Protective Order by signing and agreeing to the terms of an undertaking in the form

attached hereto as Exhibit A.

(e) Auditors and reinsurers.

(f) Stenographers, videographers, or other court reporters engaged to

transcribe or record depositions.

(g) The Court and court personnel.

(h) Any other person upon order of the Court or upon stipulation of the

Plaintiff.

6. No unauthorized disclosure. Defendants R. Paulus and S. Paulus or any

other person or entity having access to any Confidential Discovery Material shall not reveal such

Confidential Discovery Material, or the information contained therein, to anyone not entitled to

receive such Confidential Discovery Material under the terms of this Protective Order. In the

event that Confidential Discovery Material is disclosed to any person other than in the manner

authorized by this Protective Order, the party responsible for the disclosure shall immediately

inform Plaintiff of all pertinent facts relating to the disclosure, including the name, address, and

employer of each person to whom the disclosure was made.

7. Plaintiff’s right to use material. Nothing in this Protective order shall prevent

Plaintiff from using its own Confidential Discovery Material for any purpose.

8. Filing under seal. Any Party who wishes to file with the Court a document

that quotes or otherwise includes the contents of any Confidential Discovery Material, shall, in
106324371\V-4

5

accordance with the United States District Court for the Southern District of Ohio’s Local Rule

5.2.1 (which relates to Federal Rule of Civil Procedure 5.2), first seek leave of Court, requesting

that said Confidential Discovery Material be filed under seal.

9. No admissions or prejudice to other rights. Entering into, agreeing to,

producing or receiving Confidential Discovery Material, or otherwise complying with the terms

of this Protective Order shall not:

(a) operate as an admission by any party that any particular Confidential

Discovery Material contains or reflects confidential information;

(b) operate as an admission by any party that any Discovery Material is

not confidential;

(c) operate as an admission by any party that any Discovery Material is, or

is not, relevant or admissible in this litigation;

(d) prejudice in any way the rights of the Parties to object to the

production of documents they consider not subject to discovery, or operate as an admission by

any party that the restrictions and procedures set forth herein constitute adequate protection for

any particular information deemed by any party to be Confidential Discovery Material;

(e) prejudice in any way the rights of any party to object to the authenticity

or admissibility of any document, testimony, or other evidence subject to this Protective Order;

(f) prejudice in any way the rights of any party to petition the Court for a

further protective order relating to any purported confidential information;

(g) prevent the Parties from agreeing to alter or waive the provisions in

this Protective Order with respect to any particular Discovery Material.

10. Duration of Protective Order. The provisions of this Protective Order shall,

absent written permission of Plaintiff or further order of the Court, continue to be binding
106324371\V-4

6

throughout and after the conclusion of this litigation. The Court shall retain jurisdiction to

enforce the terms of this Protective Order.

/s/ /s/

Dentons US LLP

David M. Fedder (admitted pro hac

vice) (TRIAL ATTORNEY)

John R. Haug (admitted pro hac vice)

Rachel M. Milazzo (admitted pro hac

vice)

211 N. Broadway, Suite 3000

St. Louis, MO 63102

T: 314.259.1800

F: 314.259.5959

david.fedder@dentons.com

john.haug@dentons.com

rachel.milazzo@dentons.com

Benesch, Friedlander, Coplan &

Aronoff LLP

Michael L. Snyder (0040990)

Jerome W. Cook (0036835)

Ryan S. Babiuch (0094025)

200 Public Square, Suite 2300

Cleveland, OH 44114-2378

T: 216.363.4500

F: 216.363.4588

msnyder@beneschlaw.com

jcook@beneschlaw.com

rbabiuch@beneschlaw.com

Counsel for Columbia Gas

Transmission, LLC

Goldman & Braunstein, LLP

Michael Braunstein (0060898)

Clinton P. Stahler (0092560)

Matthew L. Strayer (0092068)

500 South Front Street, Suite 1200

Columbus, OH 43215

(614) 229-4566/Telephone

(614) 229-4568/Facsimile

Braunstein@GBlegal.net

Stahler@GBlegal.net

Strayer@GBlegal.net

Counsel for Defendants, Richard L. Paulus

and Susan E. Paulus, Trustees

Dated: _________________________, 2018

SO ORDERED:

___________________________________

CHELSEY M. VASCURA

UNITED STATES MAGISTRATE JUDGE

February 5 /s/ Chelsey M. Vascura
106324371\V-4

7

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

COLUMBIA GAS TRANSMISSION, LLC, )

)

Plaintiff, )

)

v. ) Case No.: 2:17-cv-01048

)

35.635 ACRES OF LAND, MORE OR )

LESS, IN FAIRFIELD AND FRANKLIN ) Judge Michael H. Watson

COUNTIES, OHIO; STEVEN A. AND )

SUSAN M. WHARTON, et al., ) Magistrate Judge Chelsey M. Vascura

)

Defendants. )

)

CONSENT TO BE BOUND BY PROTECTIVE ORDER

I hereby certify (1) my understanding that Discovery Material and/or Confidential

Discovery Material is being provided to me pursuant to the terms and restrictions of the

Protective Order entered by the Court, and (2) that I have read the Protective Order. I understand

the terms of the Protective Order, I agree to be fully bound by the Protective Order, and I hereby

submit to the jurisdiction of the United States District Court for the Southern District of Ohio for

purposes of enforcement of the Protective Order. I understand that a violation of the Protective

Order is punishable as a contempt of Court, and may subject me to civil liability.

Dated: ________________________

Signature: ___________________________________