UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN – SOUTHERN DIVISION 

THE ESTATE OF MARIA PEROVICH, 

VICTOR GOJCAJ, 

 Plaintiffs, 

v Case No. 2:09-cv-12192-PJD-VMM 

 Hon. Patrick J. Duggan 

STERLING HEIGHTS POLICE OFFICER 

MARGARET WEMPLE, STERLING 

HEIGHTS POLICE SERGEANT D. 

CATTANCO, STERLING HEIGHTS 

JOHN DOE AND CLINTON TOWNSHIP 

POLICE OFFICER/DETECTIVE JOHN DOE, 

 Defendants. 

_____________________________________________________________________________/ 

LAW OFFICES OF PATRICK J. MCQUEENEY 

Patrick J. McQueeney (P45797) 

Attorneys for Plaintiffs 

33830 Harper Avenue 

Clinton Township, MI 48035 

(586) 774-6363 

patrickjmcqueeney@yahoo.com

O’REILLY RANCILIO PC 

Jeffrey A. Bahorski (P41731) 

Marc D. Kaszubski (P60333) 

Attorneys for Defendants Sterling Heights 

Police Officer Margaret Wemple, Sterling 

Heights Police Sergeant David Cattanco, 

and Sterling Heights Police Officer “John 

Doe” 

12900 Hall Road, Suite 350 

Sterling Heights, MI 48313 

(586) 726-1000 

mkaszubski@orlaw.com

_____________________________________________________________________________/ 

 

STIPULATED PROTECTIVE ORDER

The Parties, by their counsel, having stipulated and agreed to the entry of this Protective Order 

pursuant to Fed. R. Civ. Pro. 267(c), 

IT IS HEREBY ORDERED: 

1. In connection with the discovery proceedings in this action, the parties or third-party 

witnesses may designate as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY=S EYES ONLY any 

document, thing, material, testimony, or other information derived therefrom (hereinafter AConfidential 

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Material@) under the terms of this Stipulated Confidential Information Protective Order (hereinafter 

AOrder@) which the party or third-party believes reflects any confidential or proprietary information, 

including but not limited to personnel information contained in documents regarding unnamed, thirdparty witnesses. A claim of confidentiality must be made in good faith. 

2. Confidential Material shall be so designated by either (A) a letter from counsel 

accompanying production of the documents or copies which identifies by Bates-stamped document 

numbers those documents which will be considered and treated as ACONFIDENTIAL@ or 

ACONFIDENTIAL - ATTORNEY=S EYES ONLY,@ or (B) stamping copies of each document produced 

to a party with the legend ACONFIDENTIAL@ or ACONFIDENTIAL- ATTORNEY=S EYES ONLY@ as 

is appropriate. Any claim of confidentiality shall be made at the time the document or copy is produced. 

 If, at the time of disclosure, a disclosing party inadvertently fails to mark a document which it considers 

to contain Confidential Material, the disclosing party may give written notice to the receiving party of the 

omission; and the receiving party shall treat the document as CONFIDENTIAL OR CONFIDENTIALATTORNEY=S EYES ONLY, as is appropriate, from the date of notice onward. 

3. Testimony taken at a deposition, conference, hearing, or trial may be designated as 

containing Confidential Material by either making a statement to that effect on the record at the 

deposition or other proceeding, in which case the court reporter taking and transcribing such proceeding 

will bind such portions of the transcript containing Confidential Material and label such portions 

appropriately, as ACONFIDENTIAL@ or CONFIDENTIAL-ATTORNEY=S EYES ONLY, A or by giving 

written notice to all counsel of record within thirty (30) days after a deposition transcript is received by 

the deponent or his counsel. The testimony and the transcript of that testimony are to be treated as 

CONFIDENTIAL until thirty (30) days after receipt of the transcript by counsel for the disclosing party, 

with the exception of those sections which have been designated CONFIDENTIAL-ATTORNEY=S 

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EYES ONLY, which sections will be treated as having said status. After thirty (30) days following said 

receipt, the transcript, to the extent not otherwise designated as CONFIDENTIAL OR CONFIDENTIAL 

ATTORNEY=S EYES ONLY in a writing served on other counsel, shall be considered non-confidential. 

4. Confidential Material designated under this Order, the information contained therein, and 

any summaries, copies, abstracts, or other documents derived in whole or in part therefrom shall be used 

only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose. 

5. Confidential Material produced pursuant to this Order designated as CONFIDENTIAL 

may be disclosed or made available only to the Court, to outside trial counsel for a party (including the 

paralegal, clerical, and secretarial staff employed by such outside trial counsel), and to the Aqualified 

persons@ designated below: 

(a) a party, or an officer, director, or employee of a party deemed necessary 

by counsel to aid in the prosecution, defense, or settlement of this action; 

(b) outside experts or consultants (together with their clerical staff) retained 

by such counsel to assist in the prosecution, defense, or settlement of this 

action; 

(c) court reporter(s) employed in this action; and 

(d) any other person as to whom the parties in writing agree. 

(e) Depositions shall be taken only in the presence of qualified persons. Notwithstanding the 

treatment of any transcript of testimony as CONFIDENTIAL for the thirty-day period as set forth in 

paragraph 3 herein, any party representatives and other qualified person may attend a deposition until 

such time as the deposition proceeding is designated CONFIDENTIAL or CONFIDENTIALATTORNEY=S EYES ONLY, and thereafter the portions of the deposition proceeding so designated 

shall be conducted only in the presence of a qualified person as established under paragraph 5 and 7 

herein. 

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7. Confidential Material designated as CONFIDENTIAL-ATTORNEY=S EYES

ONLY, and the information contained therein, shall be disclosed only to the Court, to outside trial 

counsel for the parties (including the paralegal, clerical, and secretarial staff employed by such outside 

trial counsel), and to the Aqualified persons@ listed in subparagraphs 5(b) through (d) above, but shall not 

be disclosed to a party, or to an officer, director, or employee of a party, except as provided in paragraph 

8 herein, unless otherwise agreed in writing or ordered by the Court. If disclosure of CONFIDENTIALATTORNEY=S EYES ONLY material is made pursuant to this paragraph, all other provisions in this 

Order with respect to confidentiality shall also apply. 

8. Nothing herein shall impose any restrictions on the use or disclosure by a party of 

material obtained by such party independent of discovery in this action, whether or not such material is 

also obtained through discovery in this action, or from disclosing its own Confidential Material as it 

deems appropriate. 

9. All documents, information, or testimony filed with the Court by either party to this 

action which have previously been designated by the disclosing party as containing Confidential 

Material, and all items which reveal the content of such documents, information, and testimony, shall be 

filed in sealed envelopes or other appropriate sealed containers on which shall be endorsed the following: 

CONFIDENTIAL-FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER 

ENTERED ON (Date of Entry of Order) 

along with an indication as to the contents of such sealed envelope or other container and filed under seal 

until further order of this Court. 

10. In the event that any Confidential Material is used in any court proceeding in this action, 

it shall not lose its designated status through such use, and the party using such material shall take all 

steps reasonably available to protect its confidentiality during such use. 

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11. This Order shall be without prejudice to the right of the parties: (i) to bring before the 

Court at any time the question or whether any particular document or information contains Confidential 

Material or whether its use should be restricted, or (ii) to present a motion to the Court for a separate 

Protective Order as to any particular document or information, including restrictions differing from those 

as specified herein. This Order shall not be deemed to prejudice the parties in any way in any future 

application for modification of this Order. 

12. This Order is entered solely for the purpose of facilitating the exchange of documents and 

information between the parties to this action without involving the Court unnecessarily in the process. 

Nothing in this Order nor the production of any information or document under the terms of this Order 

nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver 

by either party or of altering the confidentiality or non-confidentiality of such document or information 

or altering any existing obligation of any party or the absence thereof. 

13. This Order shall survive the final termination of this action, to the extent that the 

information contained in Confidential Material is not or does not become know to the public, and the 

Court shall retain jurisdiction to resolve any dispute concerning the use of information disclosed 

hereunder. Upon termination of this case, counsel for the parties shall assemble and return to each other 

all copies of documents, materials, and deposition transcripts designated as containing Confidential 

Material, or certify their destruction. However, outside trial counsel may retain intact an archival file 

copy of any pleading, deposition, or trial testimony transcript that includes or references Confidential 

Material. Counsel for the parties shall certify the destruction of any copies of Confidential Material 

containing notes or other attorney work product. 

14. This Stipulated Confidential Information Protective Order shall be and operate as a 

binding agreement between the parties hereto until such time as it is either entered by the Court in this 

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action or superseded by a Confidential Information Protective Order entered by the court in this action. 

Neither the refusal nor failure of the Court to enter in this action this Stipulated Confidential Information 

Protective Order shall prevent it from being an enforceable agreement between the parties or otherwise 

relieve the parties from complying with the terms hereof, until such time as this Stipulated Confidential 

Information Protective Order is superseded either by a future written agreement the parties governing the 

protection of Confidential Material disclosed during the course of this action or by a Confidential 

Information Protective Order entered by the Court in this action. 

SO STIPULATED: 

/s/with consent of Patrick J. McQueeney 

Patrick J. McQueeney (P45797) 

Attorneys for Plaintiffs 

33830 Harper Avenue 

Clinton Township, MI 48035 

(586) 774-6363 

patrickjmcqueeney@yahoo.com

(P45797)

/s/ Marc D. Kaszubski 

Marc D. Kaszubski (P60333) 

Attorneys for Defendants Sterling Heights 

Police Officer Margaret Wemple, Sterling 

Heights Police Sergeant David Cattanco, 

and Sterling Heights Police Officer “John 

Doe” 

12900 Hall Road, Suite 350 

Sterling Heights, MI 48313 

(586) 726-1000 

mkaszubski@orlaw.com

(P60333) 

SO ORDERED: 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: July 31, 2009 

I hereby certify that a copy of the foregoing document was served upon counsel of record on July 31, 

2009,by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

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