IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

BOBBI JO GIVEN, 

Plaintiff,

v. Civil Action 2:17-cv-925

Judge George C. Smith

Magistrate Judge Jolson

CENTRAL OHIO GAMING 

VENTURES, LLC,

Defendant.

STIPULATED PROTECTIVE ORDER

The parties hereby move the Court to enter into the following protective order

(“Stipulated Order”) for the protection of Confidential Information pursuant to Rule 26(c) of the

Federal Rules of Civil Procedure. The parties hereby stipulate and agree that:

1. This Stipulated Protective Order governs all documents and/or electronic data

marked “Confidential” that are produced by any of the parties during the proceedings in this 

action.

2. The parties may designate, as “Confidential”, any documents either party deems

deserving of the protections of this order, including, but not limited to, all documents relating to

or containing personal, financial and/or proprietary information including but not limited to lists

of names, files and non-public personnel information concerning Defendant’s current and former 

employees, medical, family medical and personal financial and tax information of any person, 

financial records of Defendant, proprietary information related to contracts, vendor agreements, 

licenses and/or labor tracking systems and any materials provided to Defendant by non-parties to

this action which have been designated by those non-parties as confidential and/or proprietary.
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3. All documents designated as “Confidential” and all information derived therefrom

shall be referred to in this Stipulated Protective Order as “Confidential Discovery Material” and

shall be handled in strict accordance with the terms of this Confidentiality Agreement and

Protective Order.

4. Documents and other written discovery responses shall be designated Confidential

Discovery Material by marking or stamping them “Confidential.”

a. With respect to electronically produced data which contains “Confidential

Discovery Material”, the designation must be made in the name of the

electronic file containing the data and on the face of the electronic image

displaying the data.

b. With respect to oral deposition testimony relating to “Confidential Discovery

Material”, either party may designate portions of the testimony as

“Confidential” by making a statement to that effect on the record during the

deposition or by notifying all parties in writing within thirty (30) days of

receipt of the transcript.

5. Confidential Discovery Material shall be used only for the prosecution and/or

defense of this action or any appeal therefrom, and not for any business or other purpose

whatsoever.

6. Confidential Discovery Material may be disclosed only to:

a. The attorneys of record in this action and their legal support staff;

b. Experts and/or consultants retained by the attorneys of record and their

support staff;

c. The court and its support staff;
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d. Witnesses in preparation for or at deposition or trial, however no witness 

shall be permitted to retain “Confidential” documents or copies thereof;

e. Other persons only upon written agreement of all parties in this action.

7. Any person given access to Confidential Discovery Material pursuant to

Paragraph 5 of this Stipulated Protective Order shall be advised by counsel that the documents 

are being disclosed pursuant and subject to the terms of this Stipulated Protective Order and may

not be disclosed other than pursuant to the terms thereof.

8. Any party who wishes to file a motion or other document disclosing or attaching 

Confidential Discovery Material shall file a motion seeking leave to file the Confidential 

Discovery Material under seal and shall tender the Confidential Discovery Material to the Court

in camera together with the motion for leave and a proposed order permitting the materials to be

filed under seal.

9. Inadvertent production of any information, document or thing without it being

marked “Confidential” shall not itself be deemed a waiver of any claim or confidentiality as to

such matter, and the same may therefore be designated as “Confidential.”

10. After the te1mination of this proceeding, this Stipulated Protective Order shall

continue to be binding upon the parties hereto, their counsel and upon all persons to whom

Confidential Discovery Material has been disclosed or communicated, and this Court shall retain

jurisdiction for enforcement of its provisions. Upon termination of this litigation whether by final

judgment, appeal or settlement, each party or other person subject to the terms hereof shall, at the

written request of the producing party, assemble and return to the originating source all materials 

and documents designated “Confidential.” Notwithstanding the foregoing, the attorneys of record

may retain all correspondence, depositions, pleadings, briefs, memoranda, motions and other
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documents containing attorney-client privileged materials and/or attorney work product that

refers to or incorporates “Confidential” information or documents.

11. If either party disputes the other party’s designation of a document as

“Confidential”, the objecting pai1y must meet and confer with the producing party prior to

seeking the Court’s involvement. Ifthe parties cannot reach agreement, the objecting party may

petition the Court for removal of the “Confidential” designation no later than fourteen (14) days

after conferring telephonically or in person. The burden of proof regarding the confidentiality of 

the document resides with the party asse11ing confidentiality. Until the Court rules on such

motion, documents designated “Confidential” remain protected under the te1ms of this Order.

IT IS SO ORDERED.

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

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

Approved and agreed to by:

/s/Catherine L. Strauss

Paul L. Bittner (0061674) 

Catherine L. Strauss (0072980)

ICE MILLER LLP

250 West Street

Columbus, OH 43215

Telephone: (614) 462-2700

Facsimile: (614) 462-51 35

Email: paul.bittner@icemiller .com

Catherine.strauss@icemiller.com

Counsel for Defendant

/s/ Matthew J.P. Coffman (by e-mail consent

dated February 28, 2018)

Matthew J.P. Coffman, Esq. 

COFFMAN LEGAL, LLC

1457 S. High St.

Columbus, Ohio 43207

mcoffman@mcoffmanlegal.com

/s/Peter Contreras (by e-mail consent

dated February 28, 2018)

Peter Contreras, Esq.

CONTRERAS LAW, LLC

P.O. Box 215 

Amlin, Ohio 43002

Peter.contreras@contrerasfirm.com

Counsel for Plaintiff