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Jeffries v. Lafranca Enterprises, LLC

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

April 30, 2019

SHANNON JEFFRIES, Plaintiff,
v.
LAFRANCA ENTERPRISES, LLC., d/b/a AMORE PIZZA, et al, Defendants.

          Hon. Robert J. Jonker

          PROTECTIVE ORDER

          RAY KENT, United States Magistrate Judge.

         This matter having come before the Court on Defendants' Motion to Quash Third-Party Subpoenas, and the parties having had an opportunity to be heard;

         THE COURT FINDS that documents or information containing confidential, personal, proprietary, and/or business information or trade secrets that bear significantly on the parties' claims or defenses are likely to be disclosed or produced during the course of discovery in the above-captioned action (the “Litigation”); and

         THE COURT FINDS that documents or information containing confidential, personal, proprietary, and/or business information or trade secrets of third-parties are likely to be disclosed or produced during the court of discovery in this Litigation;

         THE COURT FINDS that the parties to this Litigation may assert that dissemination and disclosure of such documents or information could severely injure or damage the party disclosing or producing the documents or information;

         WHEREFORE, to protect the respective interests of the parties and third-parties, and to facilitate the progress of disclosure and discovery in this case, IT IS SO ORDERED:

         1. “Confidential Information” shall mean any and all information produced or disclosed on or after the date of this Order's entry, containing or consisting of confidential, personal, proprietary, and/or business information or trade secrets. Such Confidential Information shall specifically include, but is not necessarily limited to: (a) business and financial information and records of any party to this Litigation, including any tax returns or attachments or schedules prepared in conjunction with tax returns or in accordance with any tax or reporting obligations; (b) financial, disciplinary, employment, medical, or otherwise sensitive personal information of any current or former employee of Defendants LaFranca Enterprises, LLC, LaFranca Enterprises II, LLC, and/or Franco LaFranca; and (c) any sensitive information of a personal nature regarding any individual, including but not limited to home address, work, home or cell phone numbers, email addresses, and information regarding family members, or other information the disclosure of which would, in the good faith judgment of the party designating the material as confidential, be detrimental to the conduct of that party's business or the business of any of that party's customers or clients.

         2. Documents containing Confidential Information (“Confidential Documents”) shall be clearly identified by parties and third parties with a label on each page of the document or transcript designating the documents “Confidential” and shall be treated as such.

         3. “Protected Documents” shall mean all documents produced in this lawsuit after the entry of this Protective Order, regardless of whether any particular document was or could have been designed Confidential, except as provided in Paragraph 4.

         4. Protected Documents shall not include (a) publicly available advertising materials, or (b) materials that on their face show that they have been published to the general public.

         5. Protected Documents and the information contained within them shall be used exclusively for the purpose of prosecuting or defending the claims in the Litigation. When the Litigation concludes with entry of a final order closing the case, there shall be no purpose for which the any recipient of Protected Documents may use the Protected Documents or the information contained within them.

         6. Notwithstanding any other provision of this Protective Order, the protections and limitations applicable to “Confidential Information, ” “Confidential Documents” and “Protected Documents” and afforded by this Protective Order shall apply with equal force and validity to all information, documents, materials and records produced in response to Plaintiff's November 30, 2018 subpoenas to Timothy K. Hutchens, CPA, P.C., Old National Bank, and Integrity Payroll Services.

         7. At any time after the disclosure, delivery, or production of Protected Documents marked Confidential by parties or third parties, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the Confidential designation is appropriate, the party or parties seeking to designate documents as Protected Documents may seek relief from the Court to obtain Court approval of the designation of Confidentiality. The party or parties seeking to have a document designated as Confidential shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment. The prevailing party shall be entitled to receive its costs and fees incurred in bringing or defending against the motion. All Protected Documents designated Confidential are entitled to ...


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