UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LYNCH & CO. FUNERAL DIRECTORS, 

PLLC, a Michigan professional limited liability 

company, THOMAS LYNCH, an individual, 

 Plaintiffs, 

 No. 08-13949 

v. Hon. Robert H. Cleland 

FUNERAL ETHICS ORGANIZATION, INC., 

a Vermont corporation, LISA CARLSON, an 

individual, FUNERAL CONSUMERS ALLIANCE 

OF IDAHO, INC., an Idaho corporation, FUNERAL 

CONSUMERS ALLIANCE, INC., a Pennsylvania 

corporation, 

 Defendants. 

_____________________________________________/ 

STIPULATION REGARDING PROTECTIVE ORDER

 Plaintiffs Lynch & Co. Funeral Directors, PLLC and Thomas Lynch (“Plaintiffs”) and 

Defendants Funeral Ethics Organization, Inc., Lisa Carlson, Funeral Consumers Alliance Inc. 

 (“Defendants”), through the undersigned counsel, hereby stipulate and agree to entry of the 

Protective Order attached hereto as Exhibit A. 

SO STIPULATED: 

SGROI LAW FIRM PLC BOYLE BURDETT

By:s/David M. O’Hara By:s/H. William Burdett, Jr. 

 David M. O’Hara (P68608) H. William Burdett, Jr. (P63185) 

12845 Farmington Road 14950 East Jefferson, Suite 200 

Livonia, Michigan 48150 Grosse Pointe Park, Michigan 48230 

(734) 421-9200 (313) 344-4000 

(734) 421-9229 (facsimile) (313) 344-4001 (facsimile) 

Attorneys for Plaintiffs Attorneys for Funeral Ethics Organization 

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MULCAHY & MULCAHY PC 

By:s/Patrick F. Mulcahy By:s/Paul J. Johnson 

 Patrick F. Mulcahy (P40514) Paul J. Johnson (P34216) 

201 East Main Street, Suite C 755 West Big Beaver Road, Suite 2107 

Northville, Michigan 48167 Troy, Michigan 48084 

(248) 347-8888 (248) 362-9800 

(248) 347-2035 (facsimile) (248) 362-9801 (facsimile) 

Attorneys for Lisa Carlson Attorneys for Funeral Consumers Alliance

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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LYNCH & CO. FUNERAL DIRECTORS, 

PLLC, a Michigan professional limited liability 

company, THOMAS LYNCH, an individual, 

 Plaintiffs, 

 No. 08-13949 

v. Hon. Robert H. Cleland 

FUNERAL ETHICS ORGANIZATION, INC., 

a Vermont corporation, LISA CARLSON, an 

individual, FUNERAL CONSUMERS ALLIANCE 

OF IDAHO, INC., an Idaho corporation, FUNERAL 

CONSUMERS ALLIANCE, INC., a Pennsylvania 

corporation, 

 Defendants. 

_____________________________________________/ 

PROTECTIVE ORDER

This matter having come before the Court upon the stipulation and agreement of 

Plaintiffs Lynch & Co. Funeral Directors, PLLC and Thomas Lynch (“Plaintiffs”) and 

Defendants Funeral Ethics Organization, Inc. (“FEO”), Lisa Carlson (“Carlson”), and Funeral 

Consumers Alliance, Inc. (“FCA”); and the Court being otherwise duly advised in the premises: 

IT IS ORDERED AS FOLLOWS: 

1. This Stipulated and Agreed Protective Order (“Order”) shall govern the handling 

of documents, depositions and all other information, including all copies, excerpts, and 

summaries thereof, produced, given or filed by a party or non-party during discovery and other 

proceedings in this case (collectively, the “Material”). 

2. For purposes of this Order, the following definitions shall apply: 

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a. “Attorneys’ Eyes Only Information” means any Material produced or 

provided during the course of this action which is stamped, labeled, 

marked or otherwise identified by the Producing Party as “Attorneys’ Eyes 

Only”. 

b. “Confidential Information” means any Material produced or provided 

during the course of this action which is stamped, labeled, marked or 

otherwise identified by the Producing Party as “Confidential”. A 

Producing Party may also designate Material as “Confidential” by clearly 

designating documents as confidential in a separate written statement. 

c. “Document” has the same broad meaning as provided in Rule 34 of the 

Federal Rules of Civil Procedure. 

d. “Producing Party” means the party producing the Material in question and 

includes third-parties responding to a subpoena or other request in this 

action. 

e. “Qualified Person” means: 

 i. Counsel of record for either party, its partners, members, associates 

and employees; 

 ii. A party or corporate representatives of a party; 

 iii. The authors, addressees, and copy recipients of the Material 

produced; 

 iv. Witnesses and/or deponents in connection with the prosecution or 

defense of this matter, provided that they agree in writing to be bound by 

the terms of this Order and sign an acknowledgment in the form attached 

as Exhibit 1. Prior to the execution of the acknowledgement attached to 

this Order as Exhibit 1, the party proposing the witness or deponent shall 

give ten (10) days notice to the opposing party to afford them an 

opportunity to object to or otherwise limit the disclosure of the Material to 

the Witness or Deponent; 

 v. Independent experts retained to assist counsel of record for the 

parties in this case, provided that they agree in writing to be bound by the 

terms of this Order and sign an acknowledgement in the form attached as 

Exhibit 1. Prior to the execution of the acknowledgement attached to this 

Order as Exhibit 1, the party proposing the expert witness shall give ten 

(10) days notice to the opposing party to afford them an opportunity to 

object to or otherwise limit the disclosure of the Material to the expert 

witness; 

 vi. Stenographic reporters transcribing a deposition or hearing at 

which the Material is disclosed; and 

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 vii. The judge hearing this case and their respective staffs. 

3. A Producing Party may designate a Document as “Confidential” or “Attorneys’ 

Eyes Only” by clearly stamping, labeling, marking or otherwise identifying the Document as 

“Confidential” or “Attorneys’ Eyes Only” at the time the Document is produced. A Producing 

Party may also designate Material as “Confidential” or “Attorneys’ Eyes Only” by clearly 

designating documents as such in a separate written statement. In lieu of marking originals, the 

Producing Party may mark copies of the Documents that are produced or exchanged. With 

respect to electronic data or information, the notation “Confidential” or “Attorneys’ Eyes Only” 

shall be plainly marked on a label affixed to the disk, tape, or other medium on which the 

information is stored. 

4. Testimony in depositions and transcripts thereof in this proceeding shall not be 

presumed “Confidential” unless separately designated as such. A party may designate testimony 

from a deposition or other proceeding as “Confidential” or “Attorneys’ Eyes Only” by 

submitting a written designation of the “Confidential” or “Attorneys’ Eyes Only” testimony, by 

page(s) and line(s), within ten (10) business days after receipt of the transcript from said 

deposition or other proceeding. 

5. Documents or testimony shall be designated “Attorneys’ Eyes Only” only if the 

producing party believes in good faith that such documents contain or reflect trade secrets, nonpublic proprietary or commercial information, or other sensitive competitive materials for which 

a protective order would be legally justified under Rule 26(c) of the Federal Rules of Civil 

Procedure. 

6. The inadvertent or unintentional disclosure of any Confidential Information or 

Attorneys’ Eyes Only information by the Producing Party shall not be construed to be a waiver, 

in whole or in part, of that party’s claim of confidentiality either as to the specific Confidential 

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Material or Attorneys’ Eyes Only Material disclosed or as to any other related information. 

Similarly, the inadvertent or unintentional disclosure of any documents, information or testimony 

protected by the attorney-client privilege and/or work product doctrine shall not be construed to 

be a waiver, in whole or in part, of the Producing Party’s claim to privilege; nor shall any 

discreet waiver of privilege constitute a general waiver of privilege or protection. Any 

documents or information inadvertently produced and all copies and records thereof shall be 

immediately returned to the Producing Party. 

7. The parties agree that all Material disclosed in this case shall only be used for the 

purposes of this litigation. 

8. Material designated as “Confidential” may only be disclosed to Qualified Persons 

defined in this Order and only for the purpose of prosecuting or defending this case without 

further order of the Court or pursuant to lawful process or further stipulation between the parties. 

9. Material designated as “Attorneys’ Eyes Only” may only be disclosed to 

Qualified persons as defined in paragraph 2(e)(i), (iii), (v), (vi) and (vii) of this Order and only 

for the purpose of prosecuting or defending this case. 

10. In the event that any Confidential or Attorneys’ Eyes Only Material is filed, 

included in, or referred to in any paper filed with the Court, counsel responsible for such filing 

shall notify the Court at the time of filing that such paper contains Confidential or Attorneys’ 

Eyes Only Material protected by this Order, and shall notify the other parties of the confidential 

nature of the filing. The Court shall keep such Confidential or Attorneys’ Eyes Only Material 

under seal; provided, however, that access to such Confidential or Attorneys’ Eyes Only Material 

filed with the Court shall be afforded to the Court and to counsel for the undersigned parties. 

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11. If, at the time of hearing or in connection with any pre-hearing proceeding, 

counsel for a party intends to introduce any Material designated as “Attorneys’ Eyes Only” made 

subject to this Order, he or she shall so inform the Court and opposing counsel as far in advance 

as possible, and the Court may take such steps, at the request of opposing counsel or on its own 

initiative, as it deems necessary to preserve the confidentiality of such Material subject to this 

Order. 

12. Nothing in this Order shall prevent a Producing Party from disclosing its own 

Material in any manner whatsoever. 

13. Nothing in this Order shall prevent disclosure of Confidential Material or 

Attorneys’ Eyes Only Material beyond the terms of this Order if the Producing Party consents to 

such disclosure in writing prior to the disclosure. 

14. This obligation of confidentiality shall not, however, apply to information that (i) 

is or subsequently becomes publicly available without the receiving party’s breach of any 

obligation under this Order; (ii) is known to the receiving party prior to the disclosure of the 

Material subject to this Order; (iii) becomes known to the receiving party from a source other 

than the disclosing party other than by the breach of any obligation set forth in this Order; (iv) is 

independently developed by the receiving party; or (v) is required to be disclosed pursuant to any 

order of a court of competent jurisdiction or regulatory order properly served on the receiving 

party, provided that the receiving party shall give the Producing Party, through their counsel, 

reasonable written notice prior to such disclosure and shall comply with any applicable 

protective order. If a receiving party believes Material designated by a Producing Party is not 

actually confidential for the reasons set forth in this Paragraph 14, or for any other reason, such 

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designated Material shall not be disclosed without further order of the Court or pursuant to 

lawful process or further stipulation between the parties. 

15. If a party wishes to challenge a Producing Party’s designation of certain Material, 

the challenging party shall give the Producing Party and opposing counsel written notice 

identifying the specific Material at issue. If the Producing Party does not consent in writing to 

eliminate the designation within ten (10) business days after receiving said notification, then the 

challenging party may file an appropriate motion with the Court seeking to have the designation 

removed from the Material at issue. 

16. If a party wishes to disclose Material subject to this Order to person(s) not defined 

as “Qualified Persons” in this Order, then that Party shall given the Producing Party and 

opposing counsel written notice identifying the specific Material at issue, the person for whom 

disclosure is requested and the reasons for the requested disclosure. If the Producing Party does 

not consent in writing to the requested disclosure within ten (10) business days after receiving 

said notification, then the requesting party may file an appropriate motion with the Court seeking 

an Order allowing the requested disclosure. If the Producing Party gives consent in writing, or 

an Order allowing the requested disclosure is entered, the person(s) to whom said disclosure is 

made shall be given and sign a copy of this Order indicating his or her understanding of and 

consent to be bound by its terms. The requesting party shall not make the requested disclosure 

unless and until the Producing Party consents in writing or the Court enters an Order allowing 

the requested disclosure. 

17. A Producing Party who is not a party to this case shall have standing to enforce 

the terms of this Order with respect to Material produced by the Producing Party. 

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18. Within thirty (30) days after the conclusion of this case, by settlement or 

adjudication, including any appellate proceedings, the Material produced or provided by the 

parties or non-parties shall be returned to their respective counsel or destroyed in a manner that 

obscures beyond recognition to any third party the contents of the Material. Appropriate 

methods of destruction include shredding and incineration. Each party shall certify in writing to 

the Producing Party that all Material has been returned to the Producing Party or destroyed, and 

all work product abstracts or summaries containing or referring to Material has been destroyed, 

as appropriate under this paragraph. Nothing in this paragraph shall preclude counsel for either 

party from maintaining copies of work product materials which in the good faith judgment of 

counsel must be maintained for purposes of defending against potential malpractice claims. If 

counsel for either party has a good faith belief that work product abstracts or summaries of 

Material must be maintained for the defense of potential malpractice claims, counsel shall serve 

the Producing Party with a written request to maintain copies of such information until the end of 

the applicable statutes of limitations periods for professional malpractice claims. 

19. The provisions of this Order shall survive and remain in full force and effect after 

the entry of the final judgment in this case, including any proceedings to enforce the judgment or 

any appellate proceedings, whether by settlement or adjudication. 

IT IS SO ORDERED. 

Dated: 2/18/2009 s/Robert H. Cleland

 District Court Judge 

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EXHIBIT 1

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LYNCH & CO. FUNERAL DIRECTORS, 

PLLC, a Michigan professional limited liability 

company, THOMAS LYNCH, an individual, 

 Plaintiffs, 

 No. 08-13949 

v. Hon. Robert H. Cleland 

FUNERAL ETHICS ORGANIZATION, INC., 

a Vermont corporation, LISA CARLSON, an 

individual, FUNERAL CONSUMERS ALLIANCE 

OF IDAHO, INC., an Idaho corporation, FUNERAL 

CONSUMERS ALLIANCE, INC., a Pennsylvania 

corporation, 

 Defendants. 

_____________________________________________/ 

UNDERTAKING OF __________________

 I, _____________________________________, declare that I have carefully read and I 

understand the provisions of the Stipulated and Agreed Protective Order. I agree to comply with 

all of the provisions of the Stipulated and Agreed Protective Order. I will hold in confidence, 

will not disclose to anyone not qualified under the Stipulated and Agreed Protective Order, and 

will use only for purposes set forth in the Stipulated and Agreed Protective Order, any 

Confidential Material or Attorneys’ Eyes Only Material which is disclosed to me. 

 ____________________________________ 

 (Signature) 

2:08-cv-13949-RHC-SDP Doc # 28 Filed 02/18/09 Pg 10 of 10 Pg ID 146