IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

TAMERA BROWN, et al., :

: Case No. 1:18-CV-412

Plaintiffs, :

: Judge Susan J. Dlott

v. : Magistrate Judge Karen Litkovitz

:

CITY OF CINCINNATI, et al. : 

:

Defendants. :

AGREED PROTECTIVE ORDER

The parties, by and through their legal counsel, stipulate and agree to the terms of this 

Order (“Order”), under Fed.R.Civ.P. 26(c). The parties further agree that the terms of this 

Agreed Protective Order shall remain in place until further order of the Court. The Court, having 

reviewed the agreement and stipulation of the parties, finds that good cause supports the entry of 

such an order and that justice so requires. Accordingly, it is ORDERED:

1. Scope. This stipulated protective order covers all medical and mental health records 

produced for any named Plaintiff or Defendant, which have been or will be produced in 

this case. It also covers officers’ personnel personal information, personal telephone 

numbers, and information that may be a security risk. The aforementioned confidential 

information is hereinafter collectively referred to as “documents” and 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 

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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 described and 

limited in Paragraph 3, as confidential and restricted in disclosure under this Order by 

placing or affixing the words “CONFIDENTIAL” on the document in a manner that will 

not interfere with the legibility of the document and that will permit complete removal of 

the designation. Documents shall be designated CONFIDENTIAL prior to or at the time 

of the production or disclosure of the documents. The CONFIDENTIAL designation 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 or non-party may designate documents as 

CONFIDENTIAL upon making a good faith determination based in law and fact that the 

documents contain information protected from disclosure by the limitations of Paragraph 

1, law, or Order of this Court. Public records and other information or documents that are 

publicly available may not be designated as CONFIDENTIAL.

4. Depositions. Parties may designate as confidential documents referenced at any 

deposition or portion thereof by making such designation on the record at the time of the 

deposition. If no confidential designation is made during a deposition, the contents shall 

be treated as confidential under this Order until 15 days after receipt of the transcript. 

Within that period, any party wishing to designate all or any portion of the deposition 

transcript as confidential shall make the appropriate designation in writing and then serve 

that designation by mail upon counsel for all parties. However, if no party orders a copy 

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of the transcript at the time of the deposition or within 5 business days of the deposition, 

the contents of the deposition in its entirety shall be treated as confidential up to and until 

a copy of the same is ordered. 

5. Protection of Confidential Material. 

a. General Protections. Documents designated CONFIDENTIAL 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 documents to any 

third person or entity except as set forth in the below subparagraphs. Subject to 

these requirements, the following categories of persons may be allowed to review 

documents that have been designated CONFIDENTIAL:

i. Counsel. Counsel for the parties and employees and agents of counsel 

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

ii. Parties. Parties and employees of a party to this Order, their insurance 

carriers, brokers, and their claims investigation and administrative 

employees reasonably necessary to the evaluation and administration of 

the claims;

iii. The Court. The court in which this action is pending, and persons 

associated with it;

iv. Court Reporters and Recorders. Court reporters and recorders engaged 

for depositions;

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v. A deponent and his or her attorney, but only during the course of his or 

her deposition;

vi. 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

vii. 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 collectively 

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

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

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CONFIDENTIAL if the designation 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” shall be governed by Fed. R. Evid. 

502. Inadvertent production of any document or information without a 

designation of CONFIDENTIAL shall not waive the protections of this Order so 

long as such claim is asserted within thirty (30) days of the discovery of the 

inadvertent disclosure. Following discovery of the inadvertent disclosure, the 

disclosing party shall provide within three (3) business days a properly designated 

set of such confidential information to the other party, whom shall destroy copies 

of the improperly designated documents and certify such destruction to the 

disclosing party.

6. Filing of CONFIDENTIAL Documents Under Seal. Any document subject to this 

order used at trial, in discovery, in a deposition, expert report, pleading, or in any other 

way so as to make it a potentially public record, it shall be so submitted “under seal” with 

prior permission of the Court, upon motion and for good cause shown. This Protective 

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 

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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).

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

designation is subject to challenge by any party or nonparty 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 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 shall be by motion under Local Rule 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 used 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 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 

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CONFIDENTIAL 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.

b. Return of CONFIDENTIAL documents. Within thirty (30) days following a 

final determination of this litigation, every person or party to whom confidential 

information has been furnished or produced shall destroy all copies, and provide 

the producing party with counsel’s certification of that destruction. This 

paragraph includes deposition exhibits, but not attorney notes. This paragraph 

does not require any party to return or destroy any information which was filed 

with the Court. 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.

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.

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 by counsel or the parties is subject to 

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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,

MAGISTRATE JUDGE LITKOVITZ

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

Protective Order and understands that the terms of the Agreed Protective 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 Agreed Protective Order may result in penalties for contempt of court. 

Name: _________________________________

Job Title: _________________________________

Employer: _________________________________

Business Address _________________________________

Date: ____________________________ Signature: _________________________________

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