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 

ANTOINETTE FETT, STERLING HEIGHTS 

SERGEANT DAVID CATTANEO, STERLING 

HEIGHTS POLICE OFFICER AARON BURGESS 

AND CLINTON TOWNSHIP POLICE DETECTIVE 

LEO MELISE, 

 Defendants. 

_____________________________________________________________________________/ 

LAW OFFICES OF PATRICK J. MCQUEENEY 

Patrick J. McQueeney (P45797) 

Attorneys for Plaintiffs 

33830 Harper Avenue 

Clinton Township, MI 48035 

(586) 774-6363/Fax: (586) 415-1210 

patrickjmcqueeney@yahoo.com

PLUNKETT COONEY 

Peter W. Peacock (P37201) 

Attorneys for Defendant Clinton Township 

Detective Leo Melise 

10 S. Main Street, Suite 400 

Mt. Clemens, MI 48043 

(586) 466-7605/ Fax: (586) 465-0448 

ppeacock@plunkettcooney.com

O’REILLY RANCILIO P.C. 

Jeffrey A. Bahorski (P41731) 

Marc D. Kaszubski (P60333) 

Attorneys for Defendants 

Sterling Heights Police Officer Antoinette 

Fett, Sterling Heights Sergeant David 

Cattaneo and Sterling Heights Police 

Officer Aaron Burgess 

12900 Hall Road, Suite 350 

Sterling Heights, MI 48313 

(586) 726-1000/Fax: (586) 726-1560 

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), 
 2 

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 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, third-party 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 CONFIDENTIAL-ATTORNEY=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 
 3 

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 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; 
 4 

(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. 

6. 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 

CONFIDENTIAL-ATTORNEY=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. 

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 CONFIDENTIAL-ATTORNEY=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 
 5 

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. 

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 
 6 

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 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: 
 7 

/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/ with consent of Peter W. Peacock

Attorneys for Defendant Clinton Township 

Detective Leo Melise 

10 S. Main Street, Suite 400 

Mt. Clemens, MI 48043 

(586) 466-7605 

ppeacock@plunkettcooney.com

(P37201) 

/s/ Marc D. Kaszubski 

Marc D. Kaszubski (P60333) 

Attorneys for Defendants Sterling Heights 

Police Officer Margaret Wemple, Sterling 

Heights Police Sergeant David Cattaneo, 

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: March 23, 2010 

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

March 23, 2010, by electronic and/or ordinary 

mail. 

 s/Marilyn Orem

 Case Manager 
 8 

J:\STERLING\Gojcaj v Wemple and Cattaneo\Pleadings\ProtOrder-signed.doc