Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Davis v. Wayne County

United States District Court, E.D. Michigan, Southern Division

December 1, 2017

MARSHA DAVIS, Plaintiff,
v.
WAYNE COUNTY, BENNY N. NAPOLEON and WAYNE COUNTY SHERIFF'S DEPARTMENT, Defendants.

          Jeffrey S. Burg (P38381) Attorney for Plaintiff.

          Carrie S. Bryant (P60100) Attorney for Defendants.

          PRESENT: Honorable Robert H. Cleland UNITED STATES DISTRICT JUDGE

          THE PARTIES' STIPULATED PROTECTIVE ORDER

          R. STEVEN WHALEN, MAGISTRATE JUDGE

         HAVING BEEN DULY ADVISED by the parties in the above-captioned litigation that they have stipulated to entry of this Stipulated Protective Order, and otherwise being fully advised in the premises and, therefore, IT IS HEREBY ORDERED:

         1. Any category of documents, information and/or things identified as being produced subject to this Order, the documents, information and/or things, and their content shall not be disclosed beyond the confines of this lawsuit.

         2. All such documents, information and/or things identified in Paragraph 1 above, deemed “Confidential, ” as defined below, shall be marked “Confidential - Produced Pursuant to Protective Order, ” and shall be used by counsel only in connection with this action and shall not be provided, disclosed or made known to any person by counsel except Plaintiff, Defendants, paralegal and secretarial employees of Plaintiff's counsel or Defendants' counsel, deposition and trial witnesses, experts, persons directly involved in the preparation of trial witnesses and experts, and other persons directly involved in the preparation or trial of this action, including a mediator, facilitator or court reporter. Prior to disclosing such documents during deposition, at any pretrial proceedings, at trial or to expert witnesses, non-expert witnesses or to other persons directly involved in the preparation or trial of this action, counsel shall have such person review this Order and such person shall be advised of the obligation to honor the confidentiality designation and must agree to do so.

         3. As used herein, “Confidential” means information, documents or things that, after a good faith determination, the designating party deems to constitute confidential personal information, personnel record, medical record, financial record, discipline record, investigation record, business record, and other confidential information (“other confidential information” means that the information would be exempt from production by law, such as a FOIA exemption, etc.). “Confidential” shall also mean information, documents, or things disclosed, produced, or submitted by Defendants relating to employees or former employees of Wayne County, other than Plaintiff. “Confidential” shall also mean information, documents, or things disclosed, produced, or submitted by Defendants relating to inmates or former inmates of a Wayne County Jail or relating to the operation, policies or procedures of any Wayne County Jail. All documents and any other information subject to this Order shall not be used by Plaintiff, Plaintiff's counsel, the Defendants or Defendants' counsel for any business, competitive, personal, private or public purpose, and shall not be disclosed to the media.

         4. In the event that a document is produced without the designation “Confidential - Produced Pursuant to Protective Order” and it is later determined, in good faith, that such a designation should have appeared on the document, the producing party may restrict future disclosure of the document, consistent with this Protective Order, by notifying the receiving party in writing of the addition of a restrictive designation. The notice shall include a description of the document and the designation under which future disclosure of the document is to be governed.

         5. Nothing in this Order shall preclude, or be construed to preclude, the parties from using and quoting Confidential information or documents in depositions, pleadings, or at pretrial or at trial proceedings of this cause, provided, however, that any pleading or other document disclosing the contents of documents subject to this Order, other than the title or fact of existence of such documents, which may be submitted to the Court whether in the form of interrogatory answers, document production, requests for admissions, depositions, deposition notices or transcripts, motions, affidavits, briefs or other documents or pretrial proceedings, shall be presented or submitted to the Court in accordance with Paragraph 6.

         6. Filing Protected Documents. Subject to the Federal Rules of Evidence, materials protected by this Order may be offered in evidence at trial, any court hearing, or any pretrial proceedings subject to such protective measures as may be directed by this Court, including strict compliance with E.D. Mich. L.R. 5.3. At a minimum, identifying information of a highly personal nature such as social security numbers, personal addresses, and personal telephone numbers unrelated to this action, shall be redacted or removed and not disclosed prior to filing materials protected by this Order (including as an attachment or exhibit), or offering such materials in evidence.

         This Order does not authorize the filing of any documents under seal. Documents may be sealed only if authorized by statute, rule, or order of the Court. A party seeking to file documents under seal when not authorized by statute or rule must either file and serve a motion or submit a proposed stipulated order to authorize sealing that sets forth (i) the authority for sealing; (ii) an identification and description of each item proposed for sealing; (iii) the reason that sealing each item is necessary; (iv) the reason that a means other than sealing is not available or unsatisfactory to preserve the interest advanced by movant in support of the seal; and (v) a memorandum of legal authority supporting the seal. The movant shall not file or otherwise tender to the Clerk any item proposed for sealing unless the Court has granted the motion required by this section.

         Whenever a motion to seal is filed, the movant shall submit a proposed order which states the particular reason the seal is required. The proposed order shall be submitted to the judge to whom the case is assigned. If a motion to seal is granted, the documents to be filed under seal shall be filed electronically by the movant.

         7. Parties agree that they will not seek to use the documents marked “Confidential - Produced Pursuant to Protective Order” at trial, but will permit the producing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.