IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

METTLER-TOLEDO, INC., 

 

Plaintiff, 

 

vs. 

 

B&B ELECTRIC, INC., 

 Defendant. 

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) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CASE NO. 2:18-cv-00494 

JUDGE GEORGE C. SMITH 

MAGISTRATE JUDGE CHELSEY M. 

VASCURA 

AGREED PROTECTIVE ORDER

 Plaintiff METTLER-TOLEDO, INC. and Defendant B&B ELECTRIC, INC. 

(collectively the “Parties”), by and through their undersigned attorneys, having stipulated and 

agreed to the entry of a Protective Order, and the Court finding that good cause supports the 

entry of this Agreed Protective Order and that justice so requires; 

 IT IS HEREBY ORDERED that: 

1. Certain documents and information have been and may be sought, produced or 

exhibited by and between the parties, and persons who are not parties to this lawsuit, which 

relate to the parties’ financial information, medical information, competitive information, 

personnel information, and/or other kinds of commercially sensitive information which the party 

making the production deems confidential. The parties believe that this Agreed Protective Order 

(the “Order”) is necessary to protect the parties’ confidential and proprietary information, and 

that to expedite the flow of discovery material and to preserve the confidentiality of certain 

documents and information the Court should enter this Order.

2. Scope. All documents produced in the course of discovery, including initial 
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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 Court and the Federal Rules of Civil Procedure on matters of procedure 

and calculation of time periods. 

3. 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 

such designation. Documents shall be designated “CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER” prior to or at the time of the production or disclosure of the documents. 

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. Documents designated as “CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER” are referred to collectively herein as “Confidential Material.” 

4. 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, trade secrets, personnel records, 
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confidential financial information, competitive information, or such other sensitive commercial 

information that is not publicly available. Public records and other information or documents 

that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER. 

 5. Depositions. Deposition testimony shall be deemed CONFIDENTIAL 

SUBJECT TO PROTECTIVE ORDER only if designated as such. Such designations 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 those 

portions so designated, shall be protected as CONFIDENTIAL – SUBJECT TO PROTECTIVE 

ORDER pending objection, under the terms of this Order. 

 6. Protection of Confidential Material. 

(a) General Protections. Documents designated as Confidential Material 

under this Order shall not be used or disclosed by the parties, counsel for the parties or 

any other persons identified in ¶ 6(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 as Confidential Material: 

(1) Counsel. Counsel for the parties and employees and agents of 

counsel who have responsibility for the preparation and trial of the action; 

(2) Parties. Parties and employees of a party to this Order;
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(3) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions; 

(4) Consultants and Experts. Consultants or experts (hereinafter 

referred to collectively as “experts”) employed by counsel for the parties to assist 

in the preparation and trial of this action or proceeding, but only ten (10) 

business days after such persons have completed the certification contained in 

EXHIBIT A, ACKNOWLEDGMENT AND AGREEMENT TO BE 

BOUND, and delivered the certification to counsel for the parties; 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 

EXHIBIT A, ACKNOWLEDGMENT AND AGREEMENT TO BE 

BOUND. 

(c) Control of Documents. Counsel for the parties shall take reasonable and 

appropriate measures to prevent unauthorized disclosure of Confidential Material 

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 one 

(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 collectively as 

“copies”) of documents designated as Confidential Material under this Order, or any 

individual portion of such a document, shall be affixed with the designation 
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“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.

7. Filing of Confidential Material. This Order does not authorize filing protected 

materials under seal. No document may be filed with the Court under seal without prior 

permission as to each such filing, upon motion and for good cause shown, including the legal 

basis for filing under seal. See Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th 

Cir. 1996). Unless the Court orders otherwise, all sealed documents shall be filed according to 

S.D. Ohio Civ. R. 5.2.1.

 8. Challenges by a Party to Designation. 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 challenged 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. 
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 9. Action by the Court. Applications to the Court for an order relating to any 

Confidential Material shall be by motion. 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. 

 10. 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 Confidential 

Material at trial, 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 Material or information derived 

therefrom. The Court may thereafter make such orders as are necessary to govern the use of 

such documents or information at trial. 

 11. 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. 

(b) Return of Confidential Material. Within thirty (30) days after dismissal 

or entry of final judgment not subject to further appeal, all Confidential Material under 

this Order, including copies as defined in ¶ 6(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, 
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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 

Confidential Material, so long as that work product does not duplicate verbatim 

substantial portions of the text or images of Confidential Material. This work product 

shall continue to be subject to 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 

Material. 

(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. 

12. 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 this 

Court’s Local Rules and the Federal Rules of Civil Procedure. 

13. 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 as Confidential Material by counsel or the parties is subject to protection 

under the Federal Rules of Civil Procedure or otherwise until such time as the Court may rule on 

a specific document or issue. 
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14. 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. 

/s/ Chelsey M. Vascura_______________________ 

MAGISTRATE JUDGE CHELSEY M. VASCURA 
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We so stipulate and agree to abide by the terms of this Order: 

/s/ Christopher P. Gordon /s/ Gregory H. Melick (by e-mail consent) 

Royce (Rob) R. Remington (0042110) 

HAHN LOESER & PARKS LLP 

200 Public Square, Suite 3300 

Cleveland, OH 44114 

Telephone: (216) 621-0150 

Fax: (216) 241-2824 

Email: rrremington@hahnlaw.com 

O. Judson Scheaf III (0040285) 

A.J. Hensel (0085340) 

Anthony J. Martucci (0090794) 

Christopher P. Gordon (0092171) 

HAHN LOESER & PARKS LLP

65 E. State Street, Suite 1400 

Columbus, OH 43215 

Telephone: (614) 233-5190 

Fax: (614) 221-5909

Email: jscheaf@hahnlaw.com 

ajhensel@hahnlaw.com 

amartucci@hahnlaw.com 

cgordon@hahnlaw.com 

Attorneys for Plaintiff Mettler-Toledo, LLC

Gregory H. Melick (0065694) 

LUPER NEIDENTHAL & LOGAN 

A Legal Professional Association 

1160 Dublin Road, Suite 400 

Columbus, OH 43215 

Telephone: (614) 221-7663 

Email: GMelick@LNLattorneys.com 

Attorney for Defendant B&B Electric, Inc.
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EXHIBIT A 

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

METTLER-TOLEDO, INC., 

 

Plaintiff, 

 

vs. 

 

B&B ELECTRIC, INC., 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CASE NO. 2:18-cv-00494 

JUDGE GEORGE C. SMITH 

MAGISTRATE JUDGE CHELSEY M. 

VASCURA 

ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 

The undersigned hereby acknowledges that he/she has read the Agreed Protective Order 

(“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 

Order and understands that the terms of the 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. 

The undersigned acknowledges that violation of this Agreed Protective Order may result 

in penalties for contempt of court. 

 ____________________________________ ____________ 

 Signature Date 

 ____________________________________ 

 Printed Name 

 ____________________________________ 

 ____________________________________ 

 Business Address