UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

PAULINE COLEMAN, 

 Plaintiff, Case No. 2:09-cv-12833 

v. Hon. Patrick J. Duggan 

Magistrate Judge Mark A. Randon 

FORD MOTOR COMPANY, 

 Defendant. 

_____________________________________________________________________________/ 

LANCE W. MASON, P.C. 

By: Lance W. Mason (P43926) 

Attorneys for Plaintiff 

615 Griswold Street, Suite 901 

Detroit, MI 48226 

(313) 967-9016 

lancewmason@yahoo.com 

KIENBAUM OPPERWALL 

 HARDY & PELTON, P.L.C. 

By: Elizabeth Hardy (P37426) 

 Sonja L. Lengnick (P67101) 

Attorneys for Defendant 

280 N. Old Woodward Avenue, Suite 400 

Birmingham, MI 48009 

(248) 645-0000 

ehardy@kohp.com 

slengnick@kohp.com 

_____________________________________________________________________________/ 

STIPULATION REGARDING PROTECTIVE ORDER

The parties hereby stipulate to the entry of the attached Protective Order. 

LANCE W. MASON, P.C. 

By: s/with consent of Lance W. Mason 

 Lance W. Mason (P43926) 

Attorneys for Plaintiff 

615 Griswold Street, Suite 901 

Detroit, MI 48226 

(313) 967-9016 

lancewmason@yahoo.com

P43926 

KIENBAUM OPPERWALL 

 HARDY & PELTON, P.L.C. 

By: s/Sonja L. Lengnick 

 Elizabeth Hardy (P37426) 

 Sonja L. Lengnick (P67101) 

Attorneys for Defendant 

280 N. Old Woodward Avenue, Suite 400 

Birmingham, Michigan 48009 

(248) 645-0000 

slengnick@kohp.com

P67101 

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

PAULINE COLEMAN, 

 Plaintiff, Case No. 2:09-cv-12833 

v. Hon. Patrick J. Duggan 

Magistrate Judge Mark A. Randon 

FORD MOTOR COMPANY, 

 Defendant. 

_____________________________________________________________________________/ 

PROTECTIVE ORDER CONCERNING 

CONFIDENTIAL DOCUMENTS OR INFORMATION

Upon a showing of good cause in support of the entry of a protective order in accordance 

with Fed. R. Civ. P. 26(c) to control the discovery and dissemination of alleged 

CONFIDENTIAL or alleged proprietary information, it is hereby ordered as follows: 

1. This Order shall apply to information designated as “CONFIDENTIAL” and shall 

include confidential or proprietary business information or information implicating common law 

or statutory privacy interests. For purposes of this Order, the following categories of documents 

and information generally will be considered confidential and subject to this Protective Order: 

• confidential personnel information about employees other than the 

Plaintiff, including but not limited to documents regarding job 

performance, compensation, personal data, medical information, and 

disciplinary action; 

• medical or financial records of the Plaintiff; and 

• confidential or proprietary business information, including but not 

limited to documents concerning compensation, business strategies or 

planning, workforce planning, and other sensitive competitive data. 

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2. CONFIDENTIAL information shall not be disclosed or used for any purpose 

except the preparation and trial of the above-captioned case, and will not be used in any other 

litigation or disclosed to any print or broadcast media. This Protective Order is not intended to 

preclude any party from using its own confidential information for any purpose for which such 

information is normally used outside the confines of this litigation. 

3. CONFIDENTIAL documents, materials, and/or information (collectively 

“CONFIDENTIAL information”) shall not, without the consent of the party producing it or 

further order of the Court, be disclosed except that such information may be disclosed to: 

(a) attorneys actively working on this case; 

(b) persons regularly employed or associated with the attorneys 

actively working on this case whose assistance is required by said 

attorneys in the preparation for trial, at trial, or at other 

proceedings in this case; 

(c) Plaintiff and Defendant’s employees; 

(d) expert witnesses and consultants retained in connection with this 

proceeding, to the extent such disclosure is necessary for 

preparation for trial, trial or other proceedings in this case; 

(e) the Court and its employees, mediators, facilitators and case 

evaluators (“Court Personnel”); 

(f) stenographic reporters who are engaged in proceedings necessarily 

incident to the conduct of this action; 

(g) deponents or witnesses; and 

(h) other persons by written agreement of the parties. 

4. Prior to disclosing any CONFIDENTIAL information to any person listed in 

paragraph 3 above (other than individuals listed in a, b, c, e, and f), counsel shall provide the 

individual a copy of the Protective Order, explain the terms of the Protective Order to the person, 

and obtain from such person a written acknowledgement in the form of Exhibit A. All such 

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acknowledgements shall be retained by counsel and shall be produced to counsel for the other 

party upon a showing of good cause or shall be subject to an in camera review by the Court upon 

application by counsel for the opposing party. 

5. Documents shall be designated as CONFIDENTIAL by placing or affixing on 

them (in a manner that will not interfere with their legibility) either of the following notices: 

“CONFIDENTIAL: THIS MATERIAL IS SUBJECT TO A PROTECTIVE ORDER” or 

“CONFIDENTIAL.” If the document did not originate from the party seeking to affix the 

CONFIDENTIAL label, or was not produced in this action by that party, the CONFIDENTIAL 

designation will occur upon written notice of that designation provided to all counsel of record 

within thirty (30) days after receipt of the information or document containing CONFIDENTIAL 

information. Subject to the procedures in paragraph 7, upon such notice the document will be 

treated as CONFIDENTIAL within the meaning of this Protective Order. Medical information 

regarding the Plaintiff or other individuals will be treated as CONFIDENTIAL regardless of 

whether it has been specifically designated as such. 

6. Whenever a deposition involves the disclosure of CONFIDENTIAL information, 

the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to 

the provisions of this Protective Order. Such designation shall be made on the record during the 

deposition whenever possible, but a party may designate portions of depositions as 

CONFIDENTIAL after transcription, provided written notice of the designation is promptly 

given to all counsel of record within thirty (30) days after notice by the court reporter of the 

completion of the transcript. 

7. A party may object to the designation of particular CONFIDENTIAL information 

by giving written notice to the party designating the disputed information. The written notice 

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shall specifically identify the information to which the objection is made. If the parties cannot 

resolve the objection, it shall be the obligation of the party designating the information as 

CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether the 

disputed information should be subject to the terms of this Protective Order. Such motion must 

generally be filed within thirty (30) days after receiving written objection to the 

CONFIDENTIAL designation. If such a motion is timely filed, the disputed information shall be 

treated as CONFIDENTIAL under the terms of this Protective Order until the Court rules on the 

motion. If the designating party fails to file such a motion within the prescribed time, the 

disputed information will lose its designation as CONFIDENTIAL and shall not be treated as 

CONFIDENTIAL in accordance with this Protective Order absent further order of the Court. In 

connection with a motion filed under this provision, the party designating the information as 

CONFIDENTIAL shall bear the burden of establishing that good cause exists for the designated 

information to be treated as CONFIDENTIAL. 

8. CONFIDENTIAL information may be filed with the Court to the extent 

reasonably necessary to support motions or other matters related to the litigation. If any 

Confidential Information must be filed with the Court, such Confidential Information shall either 

be filed: 1) “under seal” in a sealed envelope and marked in such a way as to apprise the Court 

that the envelope contains Confidential Information, or, 2) in the case of medical, personal 

employment and financial records, counsel may redact the appropriate non-pertinent personal, 

financial or health information contained therein. Examples of “non-pertinent personal, financial 

or health information” include: social security numbers, bank account numbers, dates of birth, 

names and dates of birth of minor children, and home addresses, where these subjects are not at 

issue. 

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9. At the conclusion of this case, unless other arrangements are mutually agreed 

upon by all counsel, each document and all copies thereof which have been designated as 

CONFIDENTIAL shall be returned to the party designating them as CONFIDENTIAL within 

thirty (30) days of a written request. The parties may agree to destroy CONFIDENTIAL 

documents by way of a mutually agreed-upon procedure. Where the parties agree to destroy 

CONFIDENTIAL documents, the destroying party shall provide all parties with written notice 

confirming the destruction. 

10. A party or counsel may not unilaterally modify any document so as to remove it 

from the protections of this Protective Order. Any document subject to this Protective Order 

when produced will remain protected unless the parties agree in writing to remove the 

designation, or as otherwise ordered by the Court. 

11. This Protective Order may be amended by written stipulation of the parties, or by 

the Court for good cause shown upon notice to all counsel and an opportunity to be heard. 

12. This Protective Order is without prejudice to the right of either party to contest the 

admissibility, discoverability or privileged status of any document or information. 

13. In order to permit discovery to proceed without further delay, the parties agree 

that this Protective Order shall be effective from the date on which the stipulation that 

accompanies it is executed by counsel for the parties and shall apply and be enforceable from 

that date forward with respect to all discovery in this matter. Within thirty (30) days after entry 

of this Order and subject to the procedures set forth in this Order, either party may designate as 

CONFIDENTIAL any documents or information produced prior to entry of this Protective 

Order, including materials produced at any time after the commencement of this case. 

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 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated:January 26, 2010 

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

January 26, 2010, by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

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Exhibit A

CONFIDENTIALITY AGREEMENT

I, [NAME], hereby acknowledge that I have received a copy of the Protective Order dated 

[DATE OF ORDER] in the action Pauline Coleman v. Ford Motor Company, Case No. 2:09-cv12833, in the United States District Court for the Eastern District of Michigan, Southern Division 

(the “Protective Order”), that I have read the Protective Order, and that I agree to be bound by its 

terms. 

__________________________________________ 

[NAME] 

138820 

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