6174980.1 19934/127022 

6174980.1 19934/127022

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

(Southern Division) 

THEODORE CAMERON MCAVOY, Case No. 2:09-cv-10122 

 

 Plaintiff, Hon. Patrick J. Duggan 

 Hon. Mag. Virginia M. Morgan 

v. 

STERIS CORPORATION, 

 Defendant. 

__________________________________________________________________________/ 

Matthew L. Turner (P48706) 

Turner & Turner PC 

26000 W. 12 Mile Road 

Southfield, MI 48304 

(248) 355-1727 

Co-Counsel for Plaintiff 

Michael S. Daoudi (P53261) 

Law Offices of Michael S. Daoudi, P.C. 

26711 Northwestern Hwy., Suite 200 

Southfield, MI 48033 

(248) 352-0800 

Co-Counsel for Plaintiff 

Daniel J. Scully, Jr. (P36530) 

Brian M. Ziff (P58124) 

Cynthia M. Filipovich (P53173) 

Clark Hill PLC 

500 Woodward Avenue, Suite 3500 

Detroit, Michigan 48226-3435 

(313) 965-8300 

Attorneys for Defendant STERIS Corporation 

/

STIPULATED PROTECTIVE ORDER

At a session of said Court 

held in the U.S. District Court 

Eastern District of Michigan, Southern Division 

on: December 2, 2009. 

PRESENT: PATRICK J. DUGGAN 

 United States District Judge Patrick J. Duggan 

The matter having come before the Court in the above-captioned lawsuit (the 

“Litigation”); and the Court being advised in the premises; 

IT IS THEREFORE ORDERED as follows: 

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1. This Protective Order shall apply to all “Confidential Information” produced by 

one party (“the Producing Party”) to another party (“the Receiving Party”) and shall govern the 

use of that Confidential Information by the Receiving Party. As more particularly set forth 

herein, it is the intention of this Protective Order that Confidential Information may be used by a 

Receiving Party for any and all purposes in connection with the Litigation, including any appeal, 

and for no other purpose. 

2. As used herein, “Confidential Information” means information produced by a 

Party or a Party’s employee and deemed by the Producing Party in good faith to contain trade 

secrets or non-public technical, commercial, financial, proprietary, personal, or business 

information. Confidential Information may be contained in documents produced by a Producing 

Party, testimony taken during depositions of a Party or Party’s employee, answers and responses 

to discovery, pleadings and papers filed by a Party, exhibits produced by a Party, testimony or 

proceedings before the Court by a Party, Party’s employee, or Party’s counsel, and other ways 

pertaining to the conduct of the Litigation, including any appeal, as long as it comes directly 

from a Party or an employee of a Party. 

3. Designation of a document containing Confidential Information shall be made by 

placing or affixing on the document in a manner which will not interfere with its legibility the 

word “CONFIDENTIAL.” 

A. Except for documents produced for inspection at the parties’ facilities, the 

designation of Confidential Information shall be made prior to, or 

contemporaneously with, the production or disclosure of that information. 

In the event that documents are produced for inspection at the Producing 

Party’s facility or attorney’s office, such documents may be produced for 

inspection before being marked Confidential. Once specific documents 

have been designated for copying, any documents containing Confidential 

Information will then be marked “CONFIDENTIAL” after copying and 

before delivery to the Receiving Party who inspected and designated the 

documents. There will be no waiver of confidentiality by the inspection of 

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confidential documents before they are copied and marked 

“CONFIDENTIAL” pursuant to this procedure. 

B. In the event that Confidential Information is inadvertently not designated 

as “CONFIDENTIAL,” the Receiving Party, upon notice from the 

Producing Party, will designate and treat such documents as 

“CONFIDENTIAL” from that point forward. 

4. Testimony taken at a deposition or hearing regarding Confidential Information 

may be designated as “CONFIDENTIAL” by making a statement to that effect on the record at 

the deposition or hearing or within ten (10) days after receipt of a transcript (but only if the pages 

of the transcript containing the Confidential Information are identified). The use of Confidential 

Information at any deposition or hearing shall not alter the confidential nature of such 

information and documents or the provisions of this Order. 

5. Information or documents designated as “CONFIDENTIAL” by a Producing 

Party shall not be used, copied, distributed, or disclosed by the Receiving Party, that party’s 

counsel, or any persons identified in Paragraph 6 herein for any purpose whatsoever other than 

preparing for and conducting the Litigation, including any appeal. 

6. The Receiving Party and counsel for that party shall not disclose or permit the 

disclosure of Confidential Information, including documents designated as “CONFIDENTIAL” 

under this Order, to any other person or entity, except that disclosure of Confidential Information 

may be made in the following circumstances: 

A. Disclosure may be made to the Receiving Party, counsel for the Receiving 

Party, and employees of that counsel’s firm who are engaged in the 

conduct of any of the Litigation, including any appeal; 

B. Disclosure may be made to the Court and to persons employed by the 

Court; 

C. Disclosure may be made to case evaluators, mediators, arbitrators, and/or 

facilitators; 

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D. Disclosure may be made to court reporters and outside vendors hired for 

the limited purpose(s) of making photo copies of documents, exhibits, 

enlargements, and/or operating video recording equipment; 

E. Disclosure may be made to any deponent or witness who is currently an 

employee, consultant or expert (as that term is defined in sub-paragraph G 

below) of the party that produced the Confidential Information; 

F. Disclosure may be made to any person designated by the Court upon such 

terms as may be determined by the Court; 

G. Disclosure may be made to consultants, investigators, and experts 

(hereinafter collectively referred-to as “experts”) employed or retained by 

the Receiving Party or counsel for the Receiving Party to assist in the 

preparation and conduct of this case, only if such expert first agrees to be 

bound by this Order as set forth in Paragraph 7 below; and 

Nothing in this Protective Order shall impose any restriction on the use or disclosure by 

any person of Confidential Information obtained from public sources, whether or not said 

Confidential Information is also obtained during proceedings in the Litigation. 

7. Each person given access to Confidential Information pursuant to sub-paragraph 

6G above shall be advised in advance that such Confidential Information is being disclosed 

subject to the terms of this Order. 

8. A Receiving Party may challenge any designation of Confidential Information by 

applying to the Court for a ruling that such designation be removed. The Producing Party shall 

be given notice of the application or motion and the opportunity to respond. When so 

challenged, the Producing Party has the burden of showing that there is good cause for the 

document or material to have such confidentiality protection. Until confidential status may be 

removed by the Court or upon agreement of counsel, the document or material shall retain its 

confidential status. 

9. If a court or governmental body with subpoena authority orders a Receiving Party 

or its counsel to produce Confidential Information of the Producing Party, the Receiving Party 

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and/or counsel shall, as soon as it realizes that the subpoena seeks the Producing Party’s 

Confidential Information, forward a copy of the subpoena to the Producing Party. It shall be 

incumbent on the Producing Party to take whatever steps it deems appropriate to protect its 

Confidential Information, and neither the Receiving Party nor its counsel shall have any liability 

to the Producing Party for complying with a subpoena. 

10. Except as provided in paragraph 6 herein, counsel for the parties shall keep all 

Confidential Information and documents which are received under this Order secure within their 

exclusive possession and shall place such documents in a secure area. Counsel shall collect all 

“CONFIDENTIAL” documents from those persons who were provided copies of said documents 

after said persons’ involvement in the Litigation is concluded. Within 30 days after the 

conclusion of the Litigation, including any appeal, all “CONFIDENTIAL” documents, including 

copies, shall be destroyed by the Receiving Party. 

11. Nothing contained in this Order is intended to require the production of nonrelevant or privileged documents or to prevent a party from withholding production on those 

grounds. This Order is without prejudice to the right of any party to bring a motion for a 

separate protective order as to any document or information seeking protections which differ or 

are greater than those specified herein. Any privileged documents inadvertently produced shall, 

upon request from the Producing Party, be immediately returned to that party. 

12. Non-parties to this litigation who receive subpoenas or other discovery requests 

that would require the disclosure of Confidential Information may invoke the provisions of this 

Order. 

13. The obligations not to disclose Confidential Information imposed on the parties in 

this Protective Order shall survive the conclusion of the Litigation. In the event of a breach or 

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threatened breach of any provision in this Order, the non-breaching Party shall be entitled to 

immediate injunctive relief from an appropriate court, without the necessity of showing any 

irreparable injury or special damages. 

IT IS SO ORDERED. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: December 2, 2009 

I hereby certify that a copy of the foregoing document was served upon counsel of 

record on December 2, 2009, by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

STIPULATION TO ENTRY OF ORDER

The parties in the above-captioned lawsuit, through their respective undersigned counsel, 

herein stipulate and agree that the foregoing Protective Order may be entered by the Court. 

s/Matthew L. Turner (w/permission) s/Daniel J. Scully, Jr.

Matthew L. Turner (P48706) Daniel J. Scully, Jr. (P36530) 

Turner & Turner PC Brian M. Ziff (P58124) 

26000 W. 12 Mile Road Cynthia M. Filipovich (P53173) 

Southfield, Michigan 48304 Clark Hill PLC 

(248) 355-1727 500 Woodward Avenue, Suite 3500 

Co-Counsel for Plaintiff Detroit, Michigan 48226-3435 

 (313) 965-8300 

 Attorneys for Defendant STERIS Corporation 

s/Michael S. Daoudi (w/permission)

Michael S. Daoudi (P53261) 

Law Offices of Michael S. Daoudi, P.C. 

26711 Northwestern Hwy., Suite 200 

Southfield, Michigan 48033 

(248) 352-0800 

Co-Counsel for Plaintiff 

Date: December 2, 2009 

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