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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

TEMA KREMPLEY, 

Plaintiff, 

v. 

HAUGLAND LEARNING CENTER, LLC,

Defendant. 

Case No. 2:17-CV-01118 

Judge George C. Smith 

Magistrate Judge Chelsey M. Vascura 

STIPULATED PROTECTIVE ORDER 

I. INTRODUCTION 

The parties, by their undersigned counsel, stipulate to the following provisions of this 

Stipulated Protective Order, which is entered pursuant to Federal Rule of Civil Procedure 26(c). 

II. SCOPE OF STIPULATED PROTECTIVE ORDER 

 In the course of discovery in this action, the parties may be required to produce 

information that constitutes, in whole or in part, protected information such as trade secrets, nonpublic research and development, commercial or financial information, or other information that 

may cause harm to the producing party or a non-party. This discovery may include information 

such as employee personnel files containing personal information about the parties and nonparties, protected medical and health information, financial information, and competitive 

commercial information. This information may be deemed confidential, as described below, and 

require certain protections to maintain the security and confidentiality of the information. 

 
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III. DESIGNATION OF PROTECTED INFORMATION 

 A. Scope: This Order governs the production and handling of any protected 

information in this action. Any party or non-party who produces protected information in this 

action may designate it as “Confidential” or “Attorneys’ Eyes Only” consistent with the terms of 

this Order (collectively referred to as “Protected Information”). “Designating Party” means the 

party or non-party who so designates the protected information; “Receiving Party” means the 

party or non-party to whom such information was produced or disclosed. Whenever possible, 

the Designating Party must designate only those portions of a document, deposition, transcript, 

or other material that contains the protected information and refrain from designating entire 

documents. Nothing in this Order restricts a Designating Party’s ability to use its own 

designated materials as it chooses. Such use shall not operate as a de facto waiver of the 

protections of this Order. In addition, any party may move to modify or seek other relief from 

any of the terms of this Order if it has first tried in writing and in good faith to resolve its needs 

or disputes with the other party(ies) pursuant to the terms of this Order and Local Rule 37.1. 

B. Application to Non-Parties: Before a non-party is given copies of Protected 

Information as permitted hereunder, it must first sign the acknowledgment to be bound to these 

terms and that is attached hereto as Exhibit A. If the non-party fails to do so, the parties to this 

action must resolve any such dispute before making disclosure of designated information as 

permitted hereunder to the non-party. If a non-party wishes to make designations hereunder, it 

must first sign the acknowledgment to be bound to these terms that is attached hereto as Exhibit 

A. 

 C. Timing and Provisional Protection: Designations may be made at any time. To 

avoid potential waiver of protection hereunder, the Designating Party should designate 
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information at the time of production or disclosure, including on the record during the taking of 

any testimony. Deposition testimony will be deemed provisionally protected for a period of 30 

days after the transcript is released to the parties by the court reporter, although the parties may 

agree at any time to different timelines of provisional protection of information as Confidential 

or Attorneys’ Eyes Only as part of one or more depositions. To retain any designations beyond 

the provisional period, a Designating Party must designate specific pages and lines of deposition 

testimony before the provisional period has expired. Such designations must be made in writing 

so that all counsel and court reporters may append the designation to all copies of the transcripts. 

D. Manner of Designation: Information may be designated hereunder in any 

reasonable manner or method that notifies the Receiving Party of the designation level and 

identifies with specificity the information to which the designation applies. If made verbally, the 

Designating Party must promptly confirm in writing the designation. Whenever possible, the 

Designating Party should stamp, affix, or embed a legend of “Confidential” or “Attorneys’ Eyes 

Only” on each designated page of the document or electronic image. 

 E. Definition of “Confidential” Information: “Confidential” information as used 

herein means information that the Designating Party reasonably and in good faith believes 

contains or reveals (1) trade secrets; (2) financial information, including the numeric 

quantifications of projected or actual sales, revenues, income, costs, expenses profits, earnings, 

or market shares; (3) information concerning competitors; (4) confidential and proprietary 

information about affiliates, parents, subsidiaries and third parties with whom the parties to this 

action have had business relationships; (5) personnel records, employment or other contracts, and 

salary or other compensation information; and (6) other information that any party reasonably 

and in good faith treats as confidential in the usual and ordinary course of its business, whether it 
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is information contained in a document, information revealed during a deposition or other 

pretrial testimony, information revealed in an interrogatory answer or information otherwise 

revealed. Depending on the nature of information exchanged in discovery, examples of 

“Confidential” information may also include medical records and other medical information that 

would be protected by federal and state law. “Confidential” information shall expressly exclude 

any information that is public knowledge through no fault of the parties, their counsel, or any 

other parties identified in Paragraph V, infra, or is otherwise obtained through sources and means 

independent of and without reference to the “Confidential” information. 

 F. Definition of “Attorneys’ Eyes Only” Information: Any “Confidential” 

information may be further designated as “Attorneys’ Eyes Only.” The “Attorneys’ Eyes Only” 

designation is reserved for material meeting the definition of “Confidential” information that 

constitutes proprietary financial or technical data or commercially sensitive information, 

including but not limited to strategic plans, settlement agreements, settlement communications, 

and other information that would cause harm to the Designating Party should another person or 

and/or entity have access to it. 

IV. CHALLENGES TO DESIGNATED INFORMATION 

 In the event that a Receiving Party disagrees at any time with any designation(s) made by 

the Designating Party, the Receiving Party must first try to resolve such challenge in good faith 

on an informal basis with the Designating Party pursuant to Local Rule 37.1. The Receiving 

Party must provide written notice of the challenge and the grounds supporting the objection to 

the Designating Party, who must respond in writing to the challenge within 15 days. At all 

times, the Designating Party carries the burden of establishing the propriety of the designation 

and production level. Unless and until the challenge is resolved by the parties or ruled upon by 
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the Court, the designated information will remain protected under this Order. The failure of any 

Receiving Party to challenge a designation does not constitute a concession that the designation 

is proper or an admission that the designated information is otherwise competent, relevant, or 

material. 

V. LIMITED ACCESS/USE OF PROTECTED INFORMATION 

A. Restricted Use: Information that is produced or exchanged in the course of this 

action and designated under this Order may be used solely for the preparation, trial, and any 

appeal of this action, as well as related settlement negotiations, and for no other purpose, without 

the written consent of the Designated Party. No designated information may be disclosed to any 

person except in accordance with the terms of this Order. All persons in possession of 

designated information agree to exercise reasonable care with regard to the custody, use, or 

storage of such information to ensure that its confidentiality is maintained. This obligation 

includes, but is not limited to, the Receiving Party providing to the Designating Party prompt 

notice of the receipt of any subpoena seeking production or disclosure of Protected Information 

and consulting with the Designating Party before responding to the subpoena. Any use or 

disclosure of Protected Information in violation of the terms of this Order may subject the 

disclosing person or party to sanctions. 

 B. Access to “Confidential” Information: The parties and all persons subject to this 

Order agree that information designated as “Confidential” may only be accessed or reviewed by 

the following: 

 1. The Court, its personnel, and court reporters; 
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2. Counsel of record for any party in this action and their employees who 

assist counsel of record in this action and are informed of the duties 

hereunder; 

3. The parties, including their agents and employees who are assisting or 

have reason to know of this action, so long as each such agent or 

employee has signed the acknowledgment to be bound to these terms that 

is attached hereto as Exhibit A; 

4. Experts or consultants employed by the parties or their counsel for 

purposes of this action, so long as each such expert or consultant has 

signed the acknowledgment to be bound to these terms that is attached 

hereto as Exhibit A; and 

5. Other witnesses or persons with the Designating Party’s consent or by 

court order. 

 C. Access to “Attorneys’ Eyes Only” Designations: The parties and all persons 

subject to this Order agree that information designated as “Attorneys’ Eyes Only” may only be 

accessed or reviewed by the following: 

1. The Court, its personnel, and court reporters; 

2. Counsel of record for any party in this action and their employees who 

assist counsel of record in this action and are informed of the duties 

hereunder; 

3. Experts or consultants employed by the parties or their counsel for 

purposes of this action, so long as each such expert or consultant has 
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signed the acknowledgment to be bound to these terms that is attached 

hereto as Exhibit A; and 

4. Other witnesses or persons with the Designating Party’s consent or by 

court order. 

D. Review of Witness Acknowledgments: At any time and for any purpose, 

including to monitor compliance with the terms hereof, any Designating Party may demand to 

review all copies of Exhibit A in any Receiving Party’s possession. The Receiving Party must, 

within 3 business days of the demand, provide all such copies to the Designating Party making 

the demand. Notwithstanding the foregoing, if the Receiving Party has retained an expert whose 

identity has not yet been disclosed to the Designating Party, the Receiving Party may generically 

identify how many acknowledgments that it has in its possession attributable to non-disclosed 

experts, whose acknowledgments must later be provided contemporaneously with any reports 

issued by one or more of said experts. If a Receiving Party is not required to disclose the identity 

of any consulting experts, it may not be compelled to produce any acknowledgments from those 

experts to the Designating Party. However, if the Designating Party provides to the Court 

evidence of breach of this Order via unauthorized leak of Protected Information, the Court may 

require an in camera production of all acknowledgments held by a Receiving Party in order to 

determine breach and consider enforcement of this Order. 

E. Non-Waiver Effect of Designations: Neither the taking of, nor the failure to take 

any action to enforce the provisions of this Order, nor the failure to object to any designation, 

will constitute a waiver of any party’s claim or defense in this action or any other action or 

proceeding, including but not limited to a claim or defense that Protected Information is or is not 
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confidential, is or is not entitled to particular protection, or embodies or does not embody 

information protectable by law. 

 F. In-Court Use of Designated Information: If Protected Information will or may be 

offered in evidence at a hearing or trial, then the offering party must give advance notice to the 

party or non-party that such information will be used prior to offering the information so that any 

use or disclosure may be addressed in accordance with the Court’s case-management or other 

pre-trial order, or by a motion in limine. 

 Nothing in this Order shall be construed as a waiver by a party of any objections that may 

be raised as to the admissibility at trial of any evidentiary materials. 

 G. Improper Disclosure of Protected Information: If Protected Information is 

disclosed to any person other than in a manner authorized by this Order, the party responsible for 

the disclosure must immediately bring all pertinent facts relating to such disclosure to the 

attention of counsel for the Designating Party and, if appropriate, to the Court. The party 

responsible for the improper disclosure must take all reasonable and appropriate measures to 

prevent further disclosure by it or by the person who was the recipient of such information. The 

Designating Party may, and its discretion, seek appropriate legal relief if necessary to protect its 

interest including, but not limited to, filing motions with the Court requesting such relief. 

VI. CLAW-BACK REQUESTS 

 A. Failure to Make Designation: If, at any time, a party or non-party discovers that it 

produced or disclosed protected information without designation, it may promptly notify the 

Receiving Party and identify with particularity the information to be designated and the level of 

designation (the claw-back notification). The Receiving Party may then request substitute 

protection of the newly-designated information. Within 30 days of receiving the claw-back 
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notification, the Receiving Party must (1) certify to the Designating Party it has appropriately 

marked or, if substitute production has been requested, destroyed all unmarked copies that it 

received, made, and/or distributed; and (2) if it was practicably unable to mark or destroy any 

information because disclosures occurred while the Receiving Party was under no duty of 

confidentiality under the terms of this Order regarding that information, the Receiving Party 

must reasonably provide as much information as practicable to aid the Designating Party in 

protecting the information, consistent with the Receiving Party’s attorney-client, work-product, 

and/or trial-preparation privileges. 

 B. Inadvertent Production of Privileged Information: If, at any time, a party 

discovers that it produced information that it reasonably believes is subject to protection under 

the attorney/client, work-product, or trial-preparation privileges, then it must promptly notify 

each Receiving Party of the claim for protection, the basis for it, amend its privilege log 

accordingly, and comply with Federal Rule of Civil procedure 26(b)(5). Whenever possible, the 

producing party must produce substitute information that redacts the information subject to the 

claimed protection. The production or disclosure of attorney/client, work-product, or trial 

preparation materials shall not be deemed a waiver of any claims of privilege or other protections 

in any suit pursuant to Federal Rule of Evidence 502 regardless of the circumstances (i.e., 

regardless of reasonableness). Upon notice of a claim of disclosure, the Receiving Party must 

thereupon comply with Federal Rule of Civil Procedure 26(b)(5) as to the information subject to 

the claimed protection. The parties must also comply with Local Rule 37.1 before seeking Court 

intervention to resolve any related dispute. 

 
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VII. DURATION/CONTINUED RESTRICTIONS 

 A. Handling of Designated Information Upon Conclusion of Action: Upon 

conclusion of this action, including all appeals, the Designating Party(ies) is/are responsible for 

ensuring that any party or person to whom the party shared or disclosed Protected Information in 

this action returns or destroys all of its copies, regardless of the medium in which it was stored. 

Within 60 days after the later of dismissal of this action or expiration of all deadlines for appeal, 

the Receiving Party(ies) must certify to each Designating Party that all designated information 

hereunder has been destroyed by all parties and witnesses for whom that party is responsible. No 

witness or party may retain Protected Information that it received from any other party or nonparty under this Order; only counsel of record are the authorized agents who may retain one copy 

for their respective legal files, and who must also describe to the Designating Party any extra 

steps taken to seal its legal file containing paper and/or electronic copies of the Protected 

Information so that it is not accessed, used, or disclosed inconsistent with the obligations under 

this Order. This provision does not apply to the Court or Court staff. 

 B. Confidential Restrictions Under Order: The restrictions on disclosure and use of 

Protected Information survive the conclusion of this action. 

VIII. REQUESTS TO SEAL 

 This Order does not authorize a party to file or maintain a document under seal. Any 

party that seeks to file any document, or any portion of a document, under seal and any party that 

opposes its maintenance under seal, must comply with the Local Rules of this Court. 

 
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AGREED TO AND TENDERED BY: 

/s/ Mark C. Zronek

James S. Mowery (0040227) (Trial Attorney)

Mark C. Zronek (0095639) 

Mowery Youell & Galeano, Ltd. 

485 Metro Place South, Suite 220 

Dublin, Ohio 43017 

Telephone: (614) 764-1444 

Facsimile: (614) 760-8654 

Email: jsm525@aol.com; 

mzronek@myglaw.com 

Attorneys for Plaintiff 

/s/ Janay M. Stevens

Thomas J. Bonasera (0021783) (Trial Attorney)

Janay M. Stevens (0090515) 

Dinsmore & Shohl LLP 

191 West Nationwide Blvd., Suite 300 

Columbus, Ohio 43215 

Telephone: (614) 628-6880 

Facsimile: (614) 628-6890 

Email: thomas.bonasera@dinsmore.com; 

janay.stevens@dinsmore.com 

Attorneys for Defendant

SO ORDERED. 

DATE: 

UNITED STATES MAGISTRATE JUDGE 

 /s/ Chelsey M. Vascura
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EXHIBIT A 

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

TEMA KREMPLEY, 

Plaintiff,

v. 

HAUGLAND LEARNING CENTER, LLC,

Defendant. 

Case No. 2:17-CV-01118 

Judge George C. Smith 

Magistrate Judge Chelsey M. Vascura 

STIPULATED PROTECTIVE ORDER 

The undersigned hereby acknowledges that he/she has read the Stipulated 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 (Eastern 

Division) in matters relating to the Order. Further, the undersigned understands that the terms of 

the Order obligate him/her to use documents designated Confidential 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 Order may result in penalties for 

contempt of court. 

Name: 

Address: 

Date: 

Signature: