United States District Court, E.D. Michigan, Southern Division
Syeda
F. Davidson (P72801) Attorneys for Plaintiff Burgess Sharp
& Golden, PLLC
Thomas
Schramm (P60267) Attorneys for Defendant Nemeth Law
STIPULATED ORDER PROTECTING CERTAIN
INFORMATION
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Upon
the stipulation of the parties in the above entitled matter,
and the Court being fully advised in the premises;
IT IS
HEREBY ORDERED that:
1. Any
party producing documents or other information (collectively
“Information”) in this litigation which that
party reasonably believes is: (a) confidential and
proprietary and the public or third party disclosure of which
would be harmful to that party, officers, directors, managers
or employees of Mayser USA, Inc., Mayser GmbH & Co KG, a
company affiliated with Mayser USA, Inc., or officers,
directors, managers or employees of Mayser GmbH & Co KG;
(b) unlawful under privacy laws governing health, patient or
employee information; or (c) subject to 45 C.F.R. Section
164.501 (protected health information), may designate such
Information, or any part thereof, as confidential
(hereinafter “Confidential Information”). Any
discovery material designated Confidential Information shall
be marked by the producing party with the legend
“CONFIDENTIAL” on each page or object so
designated, or otherwise clearly identify the material as
such in a producing party's discovery response,
correspondence or otherwise.
2. If
any Confidential Information is provided inadvertently to a
discovering party without being marked as
“Confidential” in accordance with the terms of
this Order, the failure to so mark the Confidential
Information shall not be deemed a waiver of the right to
assert confidentiality. A party may designate the
Confidential Information as “Confidential” at a
later date, at which time the provisions of this Order shall
apply prospectively to such information.
3. Each
signatory hereto hereby agrees not to disclose Confidential
Information to any person other than:
a. Counsel of record in this litigation and the attorneys,
paralegals, and other employees of the firm where such
counsel of record practices, or Court Reporters required to
transcribe designated testimony, or employees of an
independent photocopying, microfilming, or similar services
utilized by such counsel of record, to whom such disclosure
is reasonably deemed necessary by such counsel for the
conduct of this litigation (collectively
“Counsel”);
b. Any party to this litigation, or officers, directors,
managers or employees of Mayser USA, Inc., or officers,
directors, managers or employees Mayser GmbH & Co KG;
c. Expert witnesses and non-attorney consultants retained in
connection with this action by Counsel for the parties to the
extent such disclosure is reasonably deemed necessary for the
conduct of this litigation;
d. A party or non-party witness and counsel for such witness
is in the course of his or her testimony in a deposition or
trial conducted in this action;
e. The Court and Court personnel in this action, including a
stenographic reporter or certified videotape operator engaged
in such proceedings as are necessarily incident to the trial
of this action ...