UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

SUZANNE WASHBURN, 

Plaintiff, 

v. 

GENERAL ELECTRIC CAPITAL, 

CORPORATION, a Delaware corporation, 

Defendant. 

Case No. 2:09-cv-10202 

Judge George Caram Steeh 

Magistrate Judge R. Steven Whalen 

SCHWARTZ LAW FIRM, P.C. 

Mary A. Mahoney (P41568) 

37887 West Twelve Mil Road, Suite A 

Farmington Hills, Michigan 48331 

(248) 553-9400 

E-mail: mmahoney@schwartzlawfirmpc.com 

Attorney for Plaintiff

SEYFARTH SHAW LLP 

William F. Dugan (IL6229172) 

Kathryn S. Clark (IL6289232-not sworn) 

131 South Dearborn St., Suite 2400 

Chicago, Illinois 60603 

(312) 460-5000 

E-mail: wdugan@seyfarth.com 

 kclark@seyfarth.com 

VERCRUYSSE MURRAY & CALZONE, 

P.C. 

Gregory V. Murray (P29411) 

31780 Telegraph Rd., Suite 200 

Bingham Farms, MI 48025 

(248) 540-8019 

E-mail: gmurray@vmclaw.com 

Attorneys for Defendant

AGREED PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 26(1), it is hereby ordered that: 

Plaintiff Suzanne Washburn and Defendant General Electric Capital Corporation 

(collectively the “Parties”), by their respective attorneys, stipulate as follows: 

1. The purpose of this Protective Order is to protect against the unnecessary 

disclosure of confidential and/or proprietary information of both parties. Materials and 

information protected by this Order will hereafter be referred to as “Confidential Materials.” 

Confidential Materials shall include the following: 
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a. personnel information and records relating to current and former 

employees of Defendant other than Plaintiff, including job descriptions, 

earnings information, tax information, medical records and information, 

beneficiary information, financial information, contact information social 

security numbers, offer letters, dismissal letters, performance reviews, 

performance improvement plans, disciplinary and termination documents, 

and the contents of any personnel file; 

b. information relating to the conduct of Defendant’s business of a sensitive 

or proprietary nature, including trade secrets, operational details, 

information relating to Defendant’s business strategy policies, practices, or 

research; 

c. non-publicly available documents or information regarding any claim or 

allegation relating to any form of discrimination or retaliation from any 

current or former employee of Defendant; and 

d. any documents that the parties mutually agree to designate as confidential. 

2. In order for the materials to receive confidential treatment, the parties may 

designate any document and/or information provided in discovery as “Confidential” by clearly 

and conspicuously marking it with the word “Confidential,” or in the case of deposition or 

hearing testimony, indicating on the record that some or all of the testimony is “Confidential.” 

3. As used herein, “disclosure” or “to disclose” shall mean to divulge, reveal, 

describe, summarize, paraphrase, quote, transmit, or otherwise communicate Confidential 

Materials, and the restrictions contained herein regarding disclosure of Confidential Materials 

shall also apply with equal force to any excerpts, analyses, or summaries of such materials or the 

information contained therein, as well as to any pleadings, briefs, exhibits, transcripts or other 

documents which may be prepared in connection with this litigation which contain or refer to the 

Confidential Materials or information contained therein.

4. During the pendency of this litigation, Confidential Materials shall be retained 

solely in the custody of the parties’ attorneys and shall not be placed in the possession of, or 

disclosed to, any other person, except as set forth in paragraph 6 below, as otherwise agreed 
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upon by the parties, or upon leave of Court. Confidential Materials contain sensitive information 

and shall be utilized only for the purpose of this litigation. Any person shown Confidential 

Material must be told of its confidential nature and must agree in writing to keep it confidential. 

The written agreement shall be in the form of the Confidentiality Agreement attached hereto as 

Attachment A. All parties shall retain any such agreements and make them available to opposing 

counsel upon request. 

5. Within 120 days after the completion of this litigation (including exhaustion of 

appeals), all Confidential Materials, and all copies thereof, shall be returned to the producing 

party or opposing counsel shall certify in writing that all such materials have been destroyed or 

placed in secure storage. 

6. As exceptions to the general prohibition on disclosure of Confidential Materials: 

a. Confidential Materials may be used by the parties, their attorneys, and 

clerks, paralegals, secretaries and other support staff in the employ of such 

attorneys but only for the purpose of prosecuting or defending this case; 

b. Witnesses or potential witnesses may review their own records; 

c. Witnesses or potential witnesses may review Confidential Materials which 

they prepared or which were distributed to them in the normal course of 

Defendant’s business; 

d. Confidential Materials may be used in all pretrial discovery proceedings, 

such as depositions, and may be filed in Court, such as in support of or in 

opposition to summary judgment, without having to be placed under seal; 

e. Confidential Materials may be reviewed by an expert witness or consultant 

expressly employed or retained by counsel or a party to this litigation to 

whom it is necessary to disclose Confidential Materials for the purpose of 

prosecuting or defending this litigation; and 

f. Confidential Materials may be used in all other pretrial proceedings, at 

trial and on appeal of this case.
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7. Nothing in this Order shall bar or otherwise restrict any attorney for any party 

from rendering advice to his or her client with respect to this case or from doing anything 

necessary to prosecute or defend this case and furthering the interests of his or her client. 

8. Any person or entity to whom Confidential Materials are disclosed in accordance 

with this Protective Order may use that Confidential Material solely in connection with the 

prosecution or defense of this litigation, and shall not disclose such Confidential Materials to any 

other person or entity (except as permitted above) or use such information for any other purpose 

in violation of the terms of this Order. 

9. Plaintiff, Defendant, and/or anyone acting on their behalf may not voluntarily 

disclose any Confidential Materials to any state or federal law enforcement or regulatory agency, 

or any employee agent thereof, except as otherwise commanded by law or provided in this 

Order. 

10. This Order does not limit the right of any party to object to the scope of discovery 

in the above-captioned action. 

11. This Order does not constitute a determination of the admissibility or evidentiary 

foundation for the documents or a waiver of any party’s objections thereto. 

12. Nothing shall prevent disclosure beyond the terms of this Order if both parties 

consent to such disclosure, or if the Court, after notice to both parties, permits such disclosure. 

Specifically, if and to the extent any party wishes to disclose any Confidential Materials beyond 

the terms of this Order, that party shall provide the other party with reasonable notice in writing 

of its request to so disclose the materials. If the parties cannot resolve their disagreement with 

respect to the disclosure of any Confidential Materials, then a party may petition the Court for a 

determination of these issues. 
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13. The Court retains final authority to determine what is or is not a “Confidential” 

document and to remove the “Confidential” designation from any document governed by this 

Order as necessary to protect the public interest. 

IT IS SO ORDERED. 

s/George Caram Steeh 

 Honorable George Caram Steeh 

United States District Judge 

Dated: December 17, 2010 

AGREED TO BY: 

/s/ Mary A. Mahoney (with consent)______ 

Attorney for Plaintiff Suzanne Washburn 

/s/Kathryn S. Clark___________________ 

Attorney for Defendant General Electric 

Capital Corporation 
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ATTACHMENT A

I have read the attached Protective order and understand my obligation to be bound by 

the terms of this Order. I agree not to disclose the contents of the materials designated as 

“Confidential” to any individuals or entities other than those identified in Paragraph 6 of the 

Order. 

______________ ____________________________________ 

Date Name 

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