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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION (COLUMBUS)

D.S., et al. )

Plaintiffs, )

v. ) Case No. 2:18-cv-00416-ALM-KAJ

Sequel Pomegranate Health Systems, LLC ) Judge Marbley

Defendant. ) Magistrate Jolson

STIPULATED PROTECTIVE ORDER

The Parties to this action have agreed to the terms of this Stipulated Protective Order; and, 

accordingly, it is ORDERED:

1. Scope. All documents produced in the course of discovery, including all responses 

to discovery requests, responses to subpoenas, 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 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.

2. Form and Timing of Designation. A party or non-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 

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

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. 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 or non-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, 

personnel records, or such other sensitive information that is not publicly available including –

without limitation – proprietary business and trade secret information, and any other information 

that may be confidential. 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 and exhibits 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, exhibits, and any 

those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER, pending objection, under the terms of this Order.

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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;

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

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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 – SUBJECT TO PROTECTIVE ORDER 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 - 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 

words do 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. If a party notifies the other parties that documents 

previously produced are intended to be protected by this Order, such documents shall be 

treated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.”

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6. Filing of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER 

Documents Under Seal. The Parties should avoid filing entire pleadings under seal. 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.

a. Before any document marked as CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER is filed under seal with the Clerk, the filing party shall first consult 

with the party that originally designated the document as CONFIDENTIAL - SUBJECT 

TO PROTECTIVE ORDER to determine whether, with the consent of that party, the 

document or a redacted version of the document may be filed with the Court not under seal.

b. Where agreement is not possible or adequate, before a CONFIDENTIAL –

SUBJECT TO PROTECTIVE ORDER document is filed with the Clerk, that party must 

follow S.D. Ohio Civ. R. 5.2.1.

c. To the extent that it is necessary for a party to discuss the contents of any 

confidential information in a written pleading, then such portion of the pleading may be 

filed under seal with leave of Court. In such circumstances, counsel shall prepare two 

versions of the pleadings, a public and a confidential version. The public version shall 

contain a redaction of references to CONFIDENTIAL - SUBJECT TO PROTECTIVE 

ORDER documents. The confidential version shall be a full and complete version of the

pleading and shall be filed with the Clerk under seal as above. A copy of the unredacted 

pleading also shall be delivered to the judicial officer’s chambers.

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d. If the Court or a particular judicial officer has developed an alternative 

method for the electronic filing of documents under seal, then the Parties shall follow this 

alternative method and shall not file any documents or pleadings manually with the Clerk.

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

SUBJECT TO PROTECTIVE ORDER 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 CONFIDENTIAL - SUBJECT TO 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. Clawback Agreement. In the event that a party or non-party inadvertently 

produces a document that would otherwise be covered by the attorney client privilege, the work 

product doctrine, or a comparable privilege or protection, that party may, within seven (7) days 

after discovering the inadvertent disclosure, request that the protected document be returned. Upon 

such a request, there is a presumption that the applicable privilege or protection has not been 

waived. The notified party shall make no further use of the protected document and shall return 

the purportedly privilege document within ten (10) working days. If the notified party wishes to 

challenge the applicability of the privilege or assert that the privilege has been waived, then the 

other party shall, within ten (10) working days from the request for the return of the document, 

make a written submission to the Court. The party asserting the privilege shall respond within three 

(3) working days. The notified party shall promptly return or sequester and not use or disclose the 

document until the claim of privilege is resolved by the Court.

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9. 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 and any other procedures set forth in the presiding judge’s standing orders or other relevant 

orders. The existence of this Order does not shift the burden of proving that information has been 

properly designated as protected under Fed. R. Civ. P. 26(c), which remains on the party 

designating the information as confidential. 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.

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 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.

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 - SUBJECT TO PROTECTIVE ORDER 

Documents. Within thirty (30) days after dismissal or entry of final judgment not subject 

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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; or, (2) 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 that refers or relates to information designated CONFIDENTIAL –

SUBJECT TO PROTECTIVE ORDER, so long as that work product does not duplicate 

verbatim or 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.

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.

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 

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information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER by counsel or 

the parties is subject to protection under Fed. R. Civ. P. 26(c) or otherwise until such time as the 

Court may rule on a specific document or issue.

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.

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IT IS SO ORDERED.

Date: August 15, 2018 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

AGREED TO BY:

/s/ per e-mail auth. (07/23/18)

Erica Ann Probst (0073486) (Trial Attorney)

Counsel for Plaintiffs

/s/ Matthew L. Schrader

Matthew L. Schrader (0074230) (Trial Attorney)

Counsel for Defendant

Case: 2:18-cv-00416-ALM-KAJ Doc #: 18 Filed: 08/15/18 Page: 10 of 11 PAGEID #: 121
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION (COLUMBUS)

D.S., et al. )

Plaintiffs, )

v. ) Case No. 2:18-cv-00416-ALM-KAJ

Sequel Pomegranate Health Systems, LLC ) Judge Marbley

Defendant. ) Magistrate Jolson

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

filed on the _____ day of ______, 2018 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 the Protective Order may result in

penalties for contempt of court.

Name: 

Job Title: 

Employer: 

Business Address: 

Date: 

Signature

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