United States District Court, E.D. Michigan, Southern Division
PUZZUOLI, DANIELLE L. DEZBOR, Fieger, Fieger, Kenney &
Harrington, P.C., Attorneys for Plaintiffs.
J. FORBUSH, Plunkett Cooney, Attorney for Defs Collier and
M. POTTER, RICK J. PATTERSON, THOMAS M. DeAGOSTINO, ROBERT C.
CLARK, Potter, DeAgostino, O'Dea & Patterson,
Attorneys for Defendants Blanchard, Sanchez, Kirby, Watts,
Walker, Pascal, Hovey and Morton.
PRESENT: HONORABLE ROBERT H. CLELAND U.S. DISTRICT COURT
session of said Court held in the City of Port Huron, State
of Michigan On June 9, 2017
STIPULATED PROTECTIVE ORDER
H. CLELAND U.S. DISTRICT COURT JUDGE.
matter having come before this Honorable Court upon
stipulation of the parties, through their respective counsel,
and the Court being otherwise fully advised in the premises:
THEREFORE, IT IS HEREBY ORDERED that:, 1. Each of the parties
to this action upon whom or which a discovery request,
including a subpoena duces tecum, has been or shall be served
by any party to this action may designate as
“confidential” any documents produced, when such
materials refer or relate to, or would otherwise disclose,
information of a personal, proprietary or confidential
business nature as defined below.
(a) “Confidential” is defined as any type or
classification of information, whether originals, copies, or
in redacted form, or whether in oral deposition testimony
(transcript or videotape), interrogatory responses or
responses to request for admission, consisting of business or
financial records, Plaintiff's medical or psychiatric
records, and any other personal documents or information of
the parties or their employees, and any other writing as
defined by the Federal Rules of Evidence, reflecting
confidential, commercial or personal information that counsel
for any of the parties has in good faith designated as
confidential. This paragraph does not prohibit the parties
from claiming a privilege and does not waive any
(00342924.DOCX) 3 party's right to assert a privilege and
to not produce such document.
Material designated “confidential” shall be used
by the party receiving the material solely in the prosecution
or defense of this action.
Material designated as “confidential” shall be
held in confidence by the party requesting the documents and
his/her/its representatives; counsel for that party and
professional, clerical, secretarial or other support
personnel of such counsel; a person not an attorney retained
by that party or counsel to assist in litigation such as
accountants and experts, court reporters retained in
connection with depositions in this litigation; and witnesses
at deposition (collectively, the “receiving
party”); none of whom shall permit disclosure of the
documents, except purposes necessary to this litigation. The
receiving party shall neither grant nor permit any other
person to have access to any material designated as
“confidential, ” or inform any other person of
the existence of such material or of any of the contents
thereof without submitting this order to the receiving person
inadvertent disclosure or production by any party of any
document protected by the attorney client or other privilege
or by the attorney work product doctrine shall not
constitute, be construed as, or have the effect of a waiver
of such privilege or protection.
“Confidential” material marked as an exhibit in a
deposition or other discovery document remains confidential,
and may not be disclosed by the receiving party except in
accordance with this order.
parties agree that any documents that have been designated as
confidential that are used during a deposition will be
treated in accordance with the stipulated protective order.
By entering into this protective order, Defendants do not
waive the right to file a motion for a (00342924.DOCX) 4
protective order to have any portions of a deposition