UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

SONYA LOGSDEN, et al., 

Plaintiffs,

v.

MENARD, INC.

Defendant.

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Case No.: 3:18-cv-00039-TMR

Judge Thomas M. Rose

Magistrate Judge Sharon L. Ovington

PROTECTIVE ORDER

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Plaintiff, Sonya Logsden, and Defendant, Menard, Inc., by and through counsel, hereby 

stipulate and agree to the following Protective Order to be entered in this case pursuant to 

Rule 26 of the Federal Rules of Civil Procedure. 

1. CONFIDENTIAL INFORMATION

This Order shall apply to all documents, materials, things, or information produced 

during the course of this action, including depositions, productions of documents, answers to 

interrogatories, responses to requests for admissions, and all other discovery taken pursuant to 

the Federal Rules of Civil Procedure, as well as testimony adduced at depositions, trial or in 

hearings, matters in evidence, and any other information that shall in good faith be designated by 

the party or person producing it as “CONFIDENTIAL.” 

For purposes of this Order, “CONFIDENTIAL” information means information in 

written, oral, electronic, graphic/pictorial, audiovisual, or other form, whether it be a document, 

information contained in a document, information revealed during a deposition, information 

revealed in a hearing, information revealed in an interrogatory answer, or otherwise produced 

during discovery that is in good faith designated as such by the producing party, and that, as 

claimed by the producing party, constitutes confidential personal, business, legal, regulatory, 
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financial, confidential research, or development information, or confidential policies or 

procedures, business plans, commercially sensitive information, personal information, trade 

secrets or other non-public information within the meaning of Federal Civil Rule 26(C), the 

dissemination of which generally is protected by the designating party in the normal course of 

business. “CONFIDENTIAL” information shall include any copies, excerpts, summaries, 

abstracts, or other documents that contain “CONFIDENTIAL” information. Any party may 

challenge the designation of any document as “CONFIDENTIAL,” as provided herein.

2. INADVERTENT FAILURE TO DESIGNATE

Except as otherwise provided herein, inadvertent failure to designate information as 

“CONFIDENTIAL” shall not be deemed a waiver of any claim of confidentiality as to such 

matter, and the same thereafter may be corrected by supplemental written notice. Upon receipt 

of the supplemental written notice, the terms of this Protective Order shall apply and the 

receiving party shall retrieve, to the extent reasonably possible, the information and any 

documents containing the same.

3. INADVERTENT PRODUCTION

The inadvertent production of any document or information during discovery in this case 

shall be without prejudice to any claim that such material is privileged under the attorney-client 

or other privilege, or protected from discovery as work product. No party or entity shall be held 

to have waived any rights by such inadvertent production so long as the receiving party is 

notified within 10 days of the discovery of such inadvertent production. Upon written request by 

the inadvertently producing party, the receiving party shall not use the information in the 

document for any purpose absent further order of the Court. If the receiving party disagrees that 

the document is privileged or has been produced inadvertently, it shall file the appropriate 
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motion within 14 days of receipt of the written request from the inadvertently producing party. 

The burden of proof of privilege and inadvertence shall be on the producing party. 

4. PERMITTED DISCLOSURE

a. Any information that is designated as “CONFIDENTIAL” by the party or person

producing it shall not be disclosed to any person other than the following: 

i. The parties and counsel for the parties;

ii. The Court and appropriate court personnel;

iii. Members of the legal, paralegal, secretarial, or clerical staff of

such counsel who are assisting in or responsible for working on

this litigation;

iv. Outside experts or consultants for the parties as permitted herein;

v. Court reporters during depositions in which confidential material is

marked; and

vi. Deponents during depositions in which such material is marked.

b. Disclosure to those persons listed in paragraph 4(a)(iv) may not be made until the

person to whom disclosure is to be made is given a copy of this Order and signs a

copy of the Confidentiality Agreement.

Any recipient of Confidential Information shall exercise reasonable and appropriate care with 

regard to the storage, custody, and/or use of Confidential Information in order to ensure that its 

confidential nature is maintained. The provisions of this paragraph 4 shall survive final 

termination of this action. 

5. FILING WITH COURT

In the event any party wishes to file under seal with the Court documents that contain or 

reflect “CONFIDENTIAL” information, such materials shall be filed with the Court under this 

paragraph, only after first seeking permission of undersigned Judge. If permission is granted, the 

documents shall be placed in a sealed envelope endorsed with the title of this action, the words 
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“CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER,” and a statement containing 

substantially the following information:

This envelope (container) is sealed because it contains CONFIDENTIAL 

information filed in this case by [INSERT THE NAME OF THE PARTY OR 

PERSON FILING SUCH CONFIDENTIAL INFORMATION], and is not to be 

opened or the contents thereof displayed or revealed except by order of the Court.

In the event any party wishes to file under seal with the Court documents that contain or 

reflect “CONFIDENTIAL” information, the party will comply with the Federal Rules of Civil 

Procedure and local rules of undersigned Judge by seeking permission of the Court to file 

documents under seal. See Shane Group, Inc. vs. Blue Cross Blue Shield of MI, 825 F.3d 299 

(2016). Such rules shall supersede any conflicting statement in this agreement.

6. DEPOSITIONS

A party may designate any portion of a deposition containing “CONFIDENTIAL” 

Information (as defined above) as “CONFIDENTIAL” by so stating on the record at the time 

testimony is given. 

7. TESTIMONY AT HEARINGS OR TRIAL

In the event any party wishes to place under seal the transcript or portions thereof of 

testimony containing “CONFIDENTIAL” information provided before the Court at a hearing or 

at trial, the Court shall be given the opportunity to determine upon motion by the party seeking to 

place the testimony or portions thereof under seal whether good cause exists to seal the record in 

accordance with Federal Civil Rule 26(C). 

8. USE FOR THIS ACTION

Any person receiving information designated “CONFIDENTIAL” pursuant to discovery 

in this matter shall make no use of such information, directly or indirectly, except for the 
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purposes of presenting claims or defenses in this action and may not use this information in any 

other case or dispute nor for any private business or commercial purpose whatsoever. 

9. NO WAIVER OF OBJECTIONS

Nothing contained in this Order (a) shall be construed as a waiver by a party or person of 

its right to object to the subject matter of any discovery request, or as an agreement by any party 

or person to produce documents, supply information or permit entry upon land under Rule 34 of 

the Federal Rules of Civil Procedure; (b) shall constitute an admission that any evidence exists or 

that evidence that may exist is relevant in any way to the issues; (c) shall be construed as a 

waiver of any privilege; or (d) shall be construed as an admission by the receiving party that 

produced information is entitled to the designation of “CONFIDENTIAL.” No party shall be 

obligated to challenge immediately the propriety of a “CONFIDENTIAL” designation and the 

failure to do so shall not preclude a later challenge to the propriety of such designation. 

10. AFTER TERMINATION OF ACTION

After final termination of this action, including appeals or expiration of the time in which 

to appeal, each counsel of record, upon written request made within 60 days of the date of final 

termination, shall within 60 days of such request (a) destroy and certify in writing as to the 

destruction of, or (b) assemble and return to the counsel of record, all material in their possession 

and control embodying information designated “CONFIDENTIAL,” including all copies thereof. 

To the extent that any information has been filed under seal with the Court, pursuant hereto, such 

documents may be retrieved from the clerk’s office by the party seeking to maintain the 

confidentiality of such documents within 60 days of said final termination. 

11. CHALLENGE TO CONFIDENTIALITY DESIGNATION
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No party to the Action shall be deemed, by treating information as confidential, to have 

conceded that the information actually is confidential. Nothing in this Order shall operate to 

prejudice the rights of access to or use of information designated as “CONFIDENTIAL,” nor 

shall it prejudice or impair the right of a party to challenge the propriety of the designation as to 

certain information, or the procedure for handling same.

The party producing the “CONFIDENTIAL” information or documents shall have the 

burden of proving that the information or documents so produced are protected in accordance 

with Federal Civil Rule 26(C) and the standards adopted by the federal courts.

12. NON-PARTY CONFIDENTIALITY

In the event that any non-party is called upon to produce information in this action that 

the non-party reasonably believes constitutes or would disclose “CONFIDENTIAL” information, 

the non-party may elect to become a party to the terms of this Protective Order for the purpose of 

protecting such information by serving a written notice of its election on counsel for each party. 

After service of such a notice of election, this Order will be binding on and inure to the benefit of 

such non-party.

13. FURTHER RELIEF

Nothing in this Order shall preclude any party or any other interested person from 

petitioning the Court for different protection with respect to any information as that party 

considers necessary and appropriate, including applying for an order modifying this Order in any 

respect, or preclude the Court from altering this Order upon subsequent review.

A breach of the terms of this Order shall entitle the non-breaching party(ies) to 

appropriate sanctions, including but not limited to attorneys’ fees and costs incurred in the 

enforcement of this Order.

IT IS SO ORDERED.
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_______________________________ 

Sharon L. Ovington 

United States Magistrate Judge

___________________ 

Date 

Have seen and agreed: 

REMINGER CO., L.P.A. 

/s/Carrie M. Starts 

Carrie M. Starts (0083922) 

525 Vine St., Suite 1700 

Cincinnati, OH 45202 

Tel: (513)721-1311; Fax: (513) 721-2553 

Email: cstarts@reminger.com

Counsel for Defendant Wal-Mart Stores Inc. 

/s/ Andrew T. White (per authority 6/25/18) 

Andrew T. White 

249 S. Garber Drive 

Tipp City, Ohio 45371 

awhite@dysingerlaw.com 

Counsel for Plaintiffs 

s/Sharon L. Ovington

July 5, 2018
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing has been electronically filed and served this 27th day of 

June, 2018, through the Court’s CM/ECF system. Notice of filing will be automatically sent to 

all parties who have appeared, which constitutes service by rule. 

/s/ Carrie M. Starts 

Carrie M. Starts (0083922)