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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

SUSAN MINICH, )

) Case No. 2:18-cv-113

)

Plaintiff, ) Judge Michael H. Watson

) Magistrate Judge Jolson

v. )

) STIPULATED PROTECTIVE ORDER

KEIHIN THERMAL TECHNOLOGY )

OF AMERICA, INC., )

)

Defendant. )

The parties to this Stipulated Protective Order have agreed to the terms of this Order; 

accordingly, it is ORDERED:

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 
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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. When electronically stored information is 

produced which cannot itself be marked with the designation CONFIDENTIAL, the physical 

media on which such electronically stored information is produced shall be marked with the 

applicable designation. The party receiving such electronically stored information shall then be 

responsible for labeling any copies that it creates thereof, whether electronic or paper, with the 

applicable designation. By written stipulation the parties may agree temporarily to designate 

original documents that are produced for inspection CONFIDENTIAL, even though the original 

documents being produced have not themselves been so labeled. All information learned in the 

course of such an inspection shall be protected in accordance with the stipulated designation. 

The copies of documents that are selected for copying during such an inspection shall be marked 

CONFIDENTIAL, as required under this Order and thereafter the copies shall be subject to 

protection under this Order in accordance with their designation. 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.

3. Documents Which May be Designated CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER. Any party may designate documents 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, or such other sensitive commercial information that is not publicly 
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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 of 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;
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(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

(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 
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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 production of any document 

or information without a designation of “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” shall be governed by Fed. R. Evid. 502.

6. Filing of CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

Documents Under Seal. Absent a statute or an order of this Court, documents may not be filed 

under seal. See S.D. Ohio Civ. R. 5.2.1. Neither this Stipulated Protective Order nor any other 

sealing order constitutes blanket authority to file entire documents under seal. Only confidential 

portions of relevant documents are subject to sealing. 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. If, however, the 

confidential information must be intertwined within the text of the document, a party may timely 
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move the Court for leave to file both a redacted version for the public docket and an unredacted 

version for sealing.

Absent a court-granted exception based upon extraordinary circumstances, any and all 

filings made under seal shall be submitted electronically and shall be linked to this Stipulated 

Protective Order or other relevant authorizing order. If both redacted and unredacted versions 

are being submitted for filing, each version shall be clearly named so there is no confusion as to 

why there are two entries on the docket for the same filing.

If the Court has granted an exception to electronic filing, a sealed filing shall be placed in 

a sealed envelope marked “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” The 

sealed envelope shall display the case name and number, a designation as to what the document 

is, the name of the party on whose behalf it is submitted, and the name of the attorney who has 

filed the sealed document. A copy of this Stipulated Protective Order, or other relevant 

authorizing order, shall be included in the sealed envelope.

Any and all documents that may have been subject to sealing during discovery or motion 

practice will not enjoy a protected or confidential designation if the matter comes on for hearing, 

argument, or trial in the courtroom. The hearing, argument, or trial will be public in all

respects.

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

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER designation is subject to challenge 

by any party or non-party 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 
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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.

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 S.D. Ohio Civ. R. 7.2 and any other 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 limits 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.

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 at least five (5) days before 

the commencement of trial by identifying 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. The Court may thereafter make such orders as are necessary to govern the use of 

such documents or information at trial.

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.
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(b) Return of CONFIDENTIAL – SUBJECT TO PROTECTIVE 

ORDER Documents. Within thirty (30) 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.

(c) Return of 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 

under seal or otherwise restricted by the Court as to disclosure.
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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 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.

So Ordered.

Date: June 1, 2018 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

WE SO MOVE/STIPULATE WE SO MOVE/STIPULATE

and agree to abide by the and agree to abide by the

terms of this Order terms of this Order

/s/ Matthew Bruce /s/ Jocelyn Hoffman

Matthew Bruce Jocelyn Hoffman

Counsel for Plaintiff Susan Minich Counsel for Defendant Keihin Thermal Technology

of America, Inc.

Dated: May 31, 2018 Dated: May 31, 2018
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FORM PROTECTIVE ORDER

ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

SUSAN MINICH, )

) Case No. 2:18-cv-113

)

Plaintiff, ) Judge Michael H. Watson

) Magistrate Judge Jolson

v. )

)

KEIHIN THERMAL TECHNOLOGY )

OF AMERICA, INC., )

)

Defendant. )

ACKNOWLEDGMENT

AND

AGREEMENT TO BE BOUND

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.
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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