IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DAWON A. WORDLAW, on behalf of herself 

and all others similarly situated,

Plaintiff,

v.

ENTERPRISE LEASING COMPANY OF 

CHICAGO, LLC; ENTERPRISE HOLDINGS, 

INC.,

Defendants.

Case No. 20-cv-03200

Hon. Manish S. Shah

Hon. Magistrate Gabriel A. Fuentes

AGREED CONFIDENTIALITY ORDER 

The parties to this Agreed Confidentiality Order have agreed to the terms of this Order; 

accordingly, it is ORDERED:

1. Scope. All materials produced or adduced in the course of discovery, including 

initial disclosures, responses to discovery requests, deposition testimony and exhibits, and 

information derived directly therefrom (hereinafter collectively “documents”), shall be subject to 

this Order concerning Confidential Information as defined below. This Order is subject to the 

Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and 

calculation of time periods. 

2. Confidential Information. As used in this Order, “Confidential Information” 

means information designated as “CONFIDENTIAL” or “CONFIDENTIAL-SUBJECT TO 

PROTECTIVE ORDER” by the producing party that falls within one or more of the following 

categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade 

secrets; (c) research, technical, commercial or financial information that the party has maintained 

as confidential; (d) medical information concerning any individual; (e) personal identity 

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information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 

forms; or (g) personnel or employment records of a person who is not a party to the case. 

Information or documents that are available to the public may not be designated as Confidential 

Information. 

3. Designation. 

(a) A party may designate a document as Confidential Information for 

protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere 

with the legibility of the document. As used in this Order, “copies” includes electronic images, 

duplicates, extracts, summaries or descriptions that contain the Confidential Information. The 

marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or 

at the time of the documents are produced or disclosed. Applying the marking “CONFIDENTIAL 

- SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any 

status or protection by statute or otherwise except to the extent and for the purposes of this Order. 

Any copies that are made of any documents marked “CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER” shall also be so marked, except that indices, electronic databases or lists 

of documents that do not contain substantial portions or images of the text of marked documents 

and do not otherwise disclose the substance of the Confidential Information are not required to be 

marked. 

(b) The designation of a document as Confidential Information is a certification 

by an attorney that the document contains Confidential Information as defined in this order.

4. Depositions. Unless all parties agree on the record at the time the deposition 

testimony is taken, all deposition testimony taken in this case shall be treated as Confidential 

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Information until the expiration of the following: No later than the fourteenth day after the 

transcript is delivered to any party or the witness, and in no event later than 60 days after the 

testimony was given, Within this time period, a party may serve a Notice of Designation to all 

parties of record as to specific portions of the testimony that are designated Confidential 

Information, and thereafter only those portions identified in the Notice of Designation shall be 

protected by the terms of this Order. The failure to serve a timely Notice of Designation shall 

waive any designation of testimony taken in that deposition as Confidential Information, unless 

otherwise ordered by the Court.

5. Protection of Confidential Material.

(a) General Protections. Confidential Information shall not be used or disclosed by 

the parties, counsel for the parties or any other persons identified in subparagraph (b) for any 

purpose whatsoever other than in this litigation, including any appeal thereof. In a putative class 

action, Confidential Information may be disclosed only to the named plaintiff(s) and not to any 

other member of the putative class unless and until a class including the putative member has been 

certified.

(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not 

disclose or permit the disclosure of any Confidential Information to any third person or entity 

except as set forth in subparagraphs (1)-(9). Subject to these requirements, the following categories 

of persons may be allowed to review Confidential Information:

(1) Counsel. Counsel for the parties and employees of counsel who have 

responsibility for the action;

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(2) Parties. Individual parties and employees of a party but only to the extent 

counsel determines in good faith that the employee’s assistance is reasonably 

necessary to the conduct of the litigation in which the information is disclosed;

(3) The Court and its personnel; 

(4) Court Reporters and Recorders. Court reporters and recorders engaged 

for depositions;

(5) Contractors. Those persons specifically engaged for the limited purpose of 

making copies of documents or organizing or processing documents, including 

outside vendors hired to process electronically stored documents;

(6) Consultants and Experts. Consultants, investigators, or experts employed 

by the parties or counsel for the parties to assist in the preparation and trial of this 

action but only after such persons have completed the certification contained in 

Attachment A, Acknowledgment of Understanding and Agreement to Be Bound;

(7) Witnesses at depositions. During their depositions, witnesses in this action 

to whom disclosure is reasonably necessary. Witnesses shall not retain a copy of 

documents containing Confidential Information, except witnesses may receive a 

copy of all exhibits marked at their depositions in connection with review of the 

transcripts. Pages of transcribed deposition testimony or exhibits to depositions that 

are designated as Confidential Information pursuant to the process set out in this 

Order must be separately bound by the court reporter and may not be disclosed to 

anyone except as permitted under this Order.

(8) Author or recipient. The author or recipient of the document (not including 

a person who received the document in the course of litigation); and

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(9) Others by Consent. Other persons only by written consent of the producing 

party or upon order of the Court and on such conditions as may be agreed or 

ordered.

(c) Control of Documents. Counsel for the parties shall make reasonable efforts to 

prevent unauthorized or inadvertent disclosure of Confidential Information. Counsel shall 

maintain the originals of the forms signed by persons acknowledging their obligations under this 

Order for a period of three years after the termination of the case.

6. Inadvertent Failure to Designate. An inadvertent failure to designate a document 

as Confidential Information does not, standing alone, waive the right to so designate the document; 

provided, however, that a failure to serve a timely Notice of Designation of deposition testimony 

as required by this Order, even if inadvertent, waives any protection for deposition testimony. If a 

party designates a document as Confidential Information after it was initially produced, the 

receiving party, on notification of the designation, must make a reasonable effort to assure that the 

document is treated in accordance with the provisions of this Order. No party shall be found to 

have violated this Order for failing to maintain the confidentiality of material during a time when 

that material has not been designated Confidential Information, even where the failure to so 

designate was inadvertent and where the material is subsequently designated Confidential 

Information.

7. Filing of Confidential Information. This Order does not, by itself, authorize the 

filing of any document under seal. Any party wishing to file a document designated as Confidential 

Information in connection with a motion, brief or other submission to the Court must comply with 

LR 26.2.

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8. No Greater Protection of Specific Documents. Except on privilege grounds not 

addressed by this Order, no party may withhold information from discovery on the ground that it 

requires protection greater than that afforded by this Order unless the party moves for an order 

providing such special protection.

9. Challenges by a Party to Designation as Confidential Information. The 

designation of any material or document as Confidential Information is subject to challenge by 

any party. The following procedure shall apply to any such challenge.

(a) Meet and Confer. A party challenging the designation of Confidential 

Information must do so in good faith and must begin the process by conferring 

directly with counsel for the designating party. In conferring, the challenging party 

must explain the basis for its belief that the confidentiality designation was not 

proper and must give the designating party an opportunity to review the designated 

material, to reconsider the designation, and, if no change in designation is offered, 

to explain the basis for the designation. The designating party must respond to the 

challenge within five (5) business days.

(b) Judicial Intervention. A party that elects to challenge a confidentiality 

designation may file and serve a motion that identifies the challenged material and 

sets forth in detail the basis for the challenge. Each such motion must be 

accompanied by a competent declaration that affirms that the movant has complied 

with the meet and confer requirements of this procedure. The burden of persuasion 

in any such challenge proceeding shall be on the designating party. Until the Court 

rules on the challenge, all parties shall continue to treat the materials as Confidential 

Information under the terms of this Order.

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10. Action by the Court. Applications to the Court for an order relating to materials 

or documents designated Confidential Information shall be by motion. Nothing in this Order or 

any action or agreement of a party under this Order limits the Court’s power to make orders 

concerning the disclosure of documents produced in discovery or at trial.

11. Use of Confidential Documents or Information at Trial. Nothing in this Order 

shall be construed to affect the use of any document, material, or information at any trial or hearing. 

A party that intends to present or that anticipates that another party may present Confidential 

information at a hearing or trial shall bring that issue to the Court’s and parties’ attention by motion 

or in a pretrial memorandum without disclosing the Confidential Information. The Court may 

thereafter make such orders as are necessary to govern the use of such documents or information 

at trial.

12. Confidential Information Subpoenaed or Ordered Produced in Other 

Litigation. 

(a) If a receiving party is served with a subpoena or an order issued in other 

litigation that would compel disclosure of any material or document 

designated in this action as Confidential Information, the receiving party 

must so notify the designating party, in writing, immediately and in no event 

more than three court days after receiving the subpoena or order. Such 

notification must include a copy of the subpoena or court order.

(b) The receiving party also must immediately inform in writing the party who 

caused the subpoena or order to issue in the other litigation that some or all 

of the material covered by the subpoena or order is the subject of this Order. 

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In addition, the receiving party must deliver a copy of this Order promptly 

to the party in the other action that caused the subpoena to issue.

(c) The purpose of imposing these duties is to alert the interested persons to the 

existence of this Order and to afford the designating party in this case an 

opportunity to try to protect its Confidential Information in the court from 

which the subpoena or order issued. The designating party shall bear the 

burden and the expense of seeking protection in that court of its Confidential 

Information, and nothing in these provisions should be construed as 

authorizing or encouraging a receiving party in this action to disobey a 

lawful directive from another court. The obligations set forth in this 

paragraph remain in effect while the party has in its possession, custody or 

control Confidential Information by the other party to this case.

13. Challenges by Members of the Public to Sealing Orders. A party or interested 

member of the public has a right to challenge the sealing of particular documents that have been 

filed under seal, and the party asserting confidentiality will have the burden of demonstrating the 

propriety of filing under seal.

14. Obligations on Conclusion of Litigation. 

(a) Order Continues in Force. Unless otherwise agreed or ordered, this Order 

shall remain in force after dismissal or entry of final judgment not subject 

to further appeal.

(b) Obligations at Conclusion of Litigation. Within sixty-three days after 

dismissal or entry of final judgment not subject to further appeal, all 

Confidential Information and documents marked “CONFIDENTIAL” or 

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“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” under this 

Order, including copies as defined in 3(a), shall be returned to the producing 

party unless: (1) the document has been offered into evidence or filed 

without restriction as to disclosure; (2) the parties agree to destruction to the 

extent practicable in lieu of return; or (3) as to documents bearing the 

notations, summations, or other mental impressions of the receiving party, 

that party elects to destroy the documents and certifies to the producing 

party that it has done so. 

(c) Retention of Work Product and one set of Filed Documents. 

Notwithstanding the above requirements to return or destroy documents, 

counsel may retain (1) attorney work product, including an index that refers 

or relates to designated Confidential Information so long as that work 

product does not duplicate verbatim substantial portions of Confidential 

Information, and (2) one complete set of all documents filed with the Court 

including those filed under seal. Any retained Confidential Information 

shall continue to be protected under this Order. An attorney may use his or 

her work product in subsequent litigation, provided that its use does not 

disclose or use Confidential Information.

(d) Deletion of Documents filed under Seal from Electronic Case Filing 

(ECF) System. Filings under seal shall be deleted from the ECF system 

only upon order of the Court.

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15. Order Subject to Modification. This Order shall be subject to modification by the 

Court on its own initiative or on motion of a party or any other person with standing concerning 

the subject matter.

16. No Prior Judicial Determination. This Order is entered based on the 

representations and agreements of the parties and for the purpose of facilitating discovery. Nothing 

herein shall be construed or presented as a judicial determination that any document or material 

designated Confidential Information by counsel or the parties is entitled to protection under Rule 

26(c) of the Federal Rules of Civil Procedure or otherwise until such time as the Court may rule 

on a specific document or issue.

17. Persons Bound. This Order shall take effect when entered and shall be binding 

upon all counsel of record and their law firms, the parties, and persons made subject to this Order 

by its terms.

18. Inadvertent Disclosure of Confidential Documents Covered by AttorneyClient Privilege or Work Product. The inadvertent disclosure or production of any document or 

information that is subject to a claim of attorney-client privilege, work product protection, or any 

other ground on which the production of such information should be withheld will in no way 

prejudice or otherwise constitute a waiver of, or estoppel as to, such claim of privilege, work 

product protection, or any other ground for withholding production that the producing party would 

otherwise be entitled to. All inadvertently produced privileged or protected documents shall be 

returned or destroyed upon written request of the producing party. The provisions of this section 

constitute an order pursuant to Rules 502(d) and (e) of the Federal Rules of Evidence.

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DATED: August 12, 2021

Manish S. Shah 

U.S. District Judge 

IT IS SO STIPULATED AND AGREED, THROUGH COUNSEL OF RECORD.

Dated: August 11, 2021 

 /s/ Alexandra S. Oxyer (with permission)

Thomas E. Ahlering (6295744)

Alexandra S. Oxyer

SEYFARTH SHAW LLP

One US Bank Plaza

233 S. Wacker Dr., Suite 8000 

Tel: (312) 460-5000

Fax: (312) 460-7000

tahlering@seyfarth.com

aoxyer@seyfarth.com 

Counsel for Defendants 

 /s/ Brendan Duffner

Timothy P. Kingsbury (6329936) 

Myles McGuire

Brendan Duffner 

McGuire Law, P.C. 

55 W. Wacker Dr., 9th Fl. 

Chicago, Illinois 60601 

Tel: (312) 893-7002 

tkingsbury@mcgpc.com 

mmcguire@mcgpc.com

bduffner@mcgpc.com

Counsel for Plaintiff Dawon A. Wordlaw

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ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DAWON A. WORDLAW, on behalf of herself 

and all others similarly situated,

Plaintiff,

v.

ENTERPRISE LEASING COMPANY OF 

CHICAGO, LLC; ENTERPRISE HOLDINGS, 

INC.,

Defendants.

Case No. 20-cv-03200

Hon. Manish S. Shah

Hon. Magistrate Gabriel A. Fuentes

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the Confidentiality Order dated 

August 11, 2021 in the above-captioned action and attached hereto, understands the terms thereof, 

and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United 

States District Court for the Northern District of Illinois in matters relating to the Confidentiality 

Order and understands that the terms of the Confidentiality Order obligate him/her to use materials 

designated as Confidential Information in accordance with the Order solely for the purposes of the 

above-captioned action, and not to disclose any such Confidential Information to any other person, 

firm or concern. The undersigned acknowledges that violation of the Confidentiality Order may 

result in penalties for contempt of court. 

Name: ______________________________ 

Job Title: ____________________________ 

Employer: ________________________ 

Business Address: __________________________________________

__________________________________________

__________________________________________

Signature: Date:

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CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2021 I electronically caused the foregoing to be 

submitted to proposed_order_Shah@ilnd.uscourts.gov, with a copy also distributed to all counsel 

of record.

 /s/ Brendan Duffner

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