UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TOOL-PLAS SYSTEMS, INC., 

 Plaintiff / Counter-Defendant, 

 vs 

CAMACO, L.L.C. 

 Defendant / Counter-Plaintiff. 

Hon. Patrick J. Duggan 

Case No. 09-12003 

/ 

Michael F. Wais (P45482) 

Stephen Dunn (P68711) 

HOWARD & HOWARD 

Attorneys for Tool-Plas Systems, Inc. 

450 W. Fourth St. 

Royal Oak, MI 48067 

248-645-1483 

SDunn@howardandhoward.com 

Tiffany A. Buckley-Norwood (P69807) 

DICKINSON WRIGHT PLLC 

Attorneys for Non-Party Ford Motor Company 

500 Woodward Ave. Suite 4000 

Detroit, MI 48226 

313-223-3500 

tbuckley@dickinsonwright.com 

Gary E. Steinbauer (P69789) 

FOLEY LARDNER 

Attorneys for Camaco, L.L.C. 

500 Woodward Ave., Suite 2700 

Detroit, MI 48226 

313-234-7100 

gsteinbauer@foley.com 

/ 

STIPULATION AND AGREED PROTECTIVE ORDER 

GOVERNING DISCOVERY MATERIALS

Non-Party Ford Motor Company (hereinafter “Ford”) Plaintiff/Counter-Defendant ToolPlas Systems, Inc., and Defendant/Counter-Plaintiff Camaco, LLC file this Stipulation and 

Agreed Protective Order (“Order”) pursuant to the Federal Rules of Civil Procedure, to 

preserve the confidentiality of certain commercially sensitive, confidential and/or proprietary 

information that has been or will be requested and produced in discovery in this matter. The 

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parties agree that a protective order concerning discovery materials is necessary to protect the 

integrity of this information, the rights of each of the parties and the rights of certain third 

parties. It is therefore 

ORDERED THAT: 

1. Ford shall have the right to designate as confidential any documents, things and 

information produced in compliance with discovery requests made either Plaintiff or Defendant 

which Ford believes contains trade secrets, confidential research, development, commercial or 

financial information or any other proprietary or confidential business information. 

2. All documents, things and information designated as confidential pursuant to 

paragraph 1 of this Order and all information obtained from any things or documents so 

designated (“PRODUCED PURSUANT TO PROTECTIVE ORDER”) shall, subject to the 

provisions hereof, be used by Plaintiff's and Defendant's counsel only in connection with the 

litigation and appeal of this action. Material designated in this fashion shall not be used for any 

business, competitive or other purpose, and shall not be disclosed in any manner to any person or 

entity, except as provided herein. 

3. All material PRODUCED PURSUANT TO PROTECTIVE ORDER shall be so 

designated by marking the legend as such at the time of its production. Inadvertent failure to 

designate a document as protected may be corrected by supplemental written notice given as 

soon as practicable. In the event that Plaintiff’s or Defendant’s counsel, receiving documents 

designated as PRODUCED PURSUANT TO PROTECTIVE ORDER, disagrees with such a 

designation as to one or more documents, either party's counsel shall have a right to seek an 

order from the Court, pursuant to noticed motion, voiding the designation in whole or in part. 

However, until such a time as a Court rules that a particular document or set of documents 

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designated as PRODUCED PURSUANT TO PROTECTIVE ORDER are not subject to 

protection, both parties' counsel agrees to continue to treat any such designated documents as 

protected under this Order. 

4. Documents PRODUCED PURSUANT TO PROTECTIVE ORDER or provided 

in the course of this litigation and any information contained therein or derived therefrom shall 

be used solely for the purposes of preparing for trial and the trial and appeal of this action and for 

no other purposes whatsoever, and shall not be disclosed to any person or entity except in 

accordance with the terms of this Order. 

5. Documents PRODUCED PURSUANT TO PROTECTIVE ORDER, and copies 

thereof, and the information contained therein, shall be made available to and inspected by: 

(a) The parties, their officers, employees and agents who are assisting in 

prosecuting or defending this action; 

(b) Counsel for the parties in this action, and their employees who are 

working on this litigation; 

(c) Expert witnesses and consultants, and their employees, who are directly 

employed or retained in connection with this action by counsel for the parties, to the extent that 

such disclosure is necessary for the prosecution or defense of this case; 

(d) Other witnesses or deponent and their counsel, during the course of or in 

preparation for deposition or testimony in this action as necessary for the prosecution or defense 

of this litigation; and 

(e) The Court and court personnel. 

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6. Documents PRODUCED PURSUANT TO PROTECTIVE ORDER shall remain 

in the custody of Plaintiffs’ and Defendant’s counsel and their expert witnesses and shall not be 

provided to other persons, except as necessary to prepare for trial, the trial itself or appeal of this 

action pursuant to paragraph 4 above. 

7. In the event that either party's counsel determines that the prosecution of this 

action requires that documents PRODUCED PURSUANT TO PROTECTIVE ORDER be 

disclosed to persons not otherwise authorized herein, Plaintiffs and/or Defendant’s counsel shall 

provide Ford written notice by facsimile or hand delivery of the intended disclosure (which 

notice shall specify with particularity the documents PRODUCED PURSUANT TO 

PROTECTIVE ORDER to be disclosed and the identity of the otherwise unauthorized person). 

This written notice shall be given not less than ten (10) business days prior to intended 

disclosure, or such shorter period as is mutually agreeable to the parties in any particular case. If, 

within ten (10) business days after receipt of such notice, Ford objects in writing to such 

disclosure, the documents PRODUCED PURSUANT TO PROTECTIVE ORDER shall not be 

disclosed unless the Judge so orders. 

8. In the event Plaintiff’s or Defendant’s counsel receives a subpoena or other 

formal demand from any source whether related to another cause of action, proceeding, 

investigation or otherwise, for the production or disclosure of any documents PRODUCED 

PURSUANT TO PROTECTIVE ORDER that are in such party's counsel's possession or control, 

Plaintiff’s or Defendant's counsel shall provide to Ford written notice of such subpoena or 

demand at least fourteen (14) days prior to such party's required response to such subpoena or 

demand and shall not interfere with any action Ford may elect to take to protect the 

confidentiality of the documents PRODUCED PURSUANT TO PROTECTIVE ORDER. If, 

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however, a response by either party's counsel to such a subpoena or demand is required in 

less than fourteen (14) days, the counsel shall provide Ford with immediate notice in writing 

to provide it with as much time as possible to take action to protect the confidentiality of the 

documents PRODUCED PURSUANT TO PROTECTIVE ORDER and shall not interfere 

with any action Ford may elect to take to protect the confidentiality of the documents 

PRODUCED PURSUANT TO PROTECTIVE ORDER. 

9. All documents PRODUCED PURSUANT TO PROTECTIVE ORDER and any 

papers containing information contained in or derived from such documents that are filed with 

the Judge shall be filed shall be filed in accordance with Local Rule 5.3 of the Rules of the 

United States District Court for the Eastern District of Michigan Southern Division. 

10. In order to permit discovery to proceed without further delay, the Plaintiff's and 

Defendant's counsel and Ford agree that this Order shall be effective from the date on which it is 

executed by Plaintiff’s counsel, Defendant’s counsel, Ford; and shall apply and be enforceable 

from that date forward with respect to all discovery in this matter, including materials produced 

at any time after the commencement of this case. 

11. Attendance at depositions taken in this action at which documents PRODUCED 

PURSUANT TO PROTECTIVE ORDER or any information contained therein or derived 

therefrom is identified, discussed or disclosed shall be limited to the extent necessary and to the 

deposition notary, the witness, counsel for the witness, counsel for the parties, agents for counsel 

of the parties and any representatives of the parties who have agreed in writing to be bound by 

the terms of this Order. If any such documents PRODUCED PURSUANT TO PROTECTIVE 

ORDER are to be used during the deposition in this action of any person who is not a Ford 

officer or employee, the deponent shall be required to acknowledge on the record that he is 

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aware of and agrees to be bound by the terms of this Order. That portion of the deposition 

transcript concerning any such documents PRODUCED PURSUANT TO PROTECTIVE 

ORDER subject to this paragraph shall not be disclosed to any person except as provided in 

this Order, and shall be bound separately by the Court Reporter and labeled “Confidential” 

The parties further agree that this Stipulation and Order shall apply in the same manner that 

it applies to documents, to all testimony (including depositions) relating to documents 

PRODUCED PURSUANT TO PROTECTIVE ORDER, and transcriptions thereof, given in 

this case. 

12. Nothing in this order shall be construed to preclude Ford from seeking additional 

protection of those documents PRODUCED PURSUANT TO PROTECTIVE ORDER, or from 

otherwise seeking a modification of this Order. 

13. If information, documents or other material subject to a claim of attorney-client 

privilege, work product, or any other ground upon which production of such information may be 

withheld from the Plaintiff or Defendant is nevertheless inadvertently produced by Ford to such 

party, such production shall in no way prejudice or otherwise constitute a waiver of, or estoppel 

as to, any claim of privilege, work product, or any other ground for withholding production to 

which Ford or other producing person would otherwise be entitled. If a claim of inadvertent 

production is made pursuant to this paragraph with respect to information then in the custody of 

the Plaintiff or Defendant, such party shall promptly return to Ford that material as to which 

the claim of inadvertent production has been made (including all copies thereof) and make no 

use of such documents or other information for any purpose. 

14. At the conclusion of this action, all documents PRODUCED PURSUANT TO 

PROTECTIVE ORDER, including all copies, extracts and summaries and all documents 

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containing information taken therefrom, shall be returned to Ford or destroyed no later than 

thirty (30) days after the unappealed or unappealable final judgment or settlement of this action. 

15. In the event additional parties are added to this litigation, and to the extent that 

documents PRODUCED PURSUANT TO PROTECTIVE ORDER are to be disclosed to such 

party and such party's attorneys, each new party's counsel shall sign a duplicate original of this 

Order and send it to counsel for Ford and cause the same to be filed with the Court. 

Dated this __15th_____ day of ____October____________, 2009. 

 s/Patrick J. Duggan

 Patrick J. Duggan

 United States District Judge

Dated: October 15, 2009

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

electronic and/or ordinary mail.

 s/Marilyn Orem

 Case Manager

___________________________________ 

 U.S. District Court Judge 

APPROVED BY: 

By: /s/ Stephen P. Dunn 

Stephen Dunn (P68711) 

HOWARD & HOWARD 

Attorneys for Tool-Plas Systems, Inc. 

450 W. Fourth St. 

Royal Oak, MI 48067 

248-645-1483 

SDunn@howardandhoward.com

By: /s/ Tiffany A. Buckley-Norwood

 with permission 

Tiffany A. Buckley-Norwood (P69807) 

DICKINSON WRIGHT PLLC 

Attorneys for Non-Party 

Ford Motor Company 

500 Woodward Ave. Suite 4000 

Detroit, MI 48226 

313-223-3500 

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tbuckley@dickinsonwright.com

By: /s/ Gary E. Steinbauer

 with permission 

Gary E. Steinbauer (P69789) 

FOLEY LARDNER 

Attorneys for Camaco, L.L.C. 

500 Woodward Ave., Suite 2700 

Detroit, MI 48226 

313-234-7100 

gsteinbauer@foley.com 

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