The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
GENERAL MILLS, INC.,
Plaintiff,
Case No. 1:24-cv-233
v.
JUDGE DOUGLAS R. COLE
MATTHEW W. MALONE, et al.,
Defendants.
STIPULATED PROTECTIVE ORDER
Pursuant to the parties’ joint request that the Court enter this Order, and their
agreement that the following limitations and restrictions should apply to documents
and information produced for inspection and copying during the course of this
litigation (the “Action”), the Court hereby ORDERS that:
1. Scope. This Protective Order (hereinafter “Protective Order” or
“Order”) shall apply to all documents or other information produced in the course of
discovery in this Action that the producing person or entity (the “Producing Entity”)
has designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
“ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER” (either a
“Confidentiality Designation” or collectively the “Confidentiality Designations”)
pursuant to this Order, including but not limited to, all initial disclosures, all
responses to discovery requests, all deposition testimony and exhibits, and all
materials (including documents or testimony) produced by non-parties in response to
subpoenas issued in connection with this matter, including all copies, excerpts, and
summaries thereof (collectively the “Confidential Information”).
2. Purpose. The purpose of this Protective Order is to protect against the
unnecessary disclosure of Confidential Information.
3. Disclosure Defined. As used herein, “disclosure” or “to disclose” means
to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise
communicate Confidential Information, and the restrictions contained herein
regarding disclosure of Confidential Information also apply with equal force to any
copies, excerpts, analyses, or summaries of such materials or the information
contained therein, as well as to any pleadings, briefs, exhibits, transcripts or other
documents which may be prepared in connection with this litigation which contain or
refer to the Confidential Information or information contained therein.
4. Designating Material
a. Designating Material As Confidential: Any party, or any
third party subpoenaed by one of the parties, may designate as Confidential
and subject to this Protective Order any documents, testimony, written
responses, or other materials produced in this case if they contain information
that the Producing Entity asserts in good faith is protected from disclosure by
statute or common law, including, but not limited to, confidential personal
information, medical or psychiatric information, trade secrets, personnel
records, or such other sensitive commercial information that is not publicly
available. Information that is publicly available may not be designated as
Confidential. The designation of materials as Confidential pursuant to the
terms of this Protective Order does not mean that the document or other
material has any status or protection by statute or otherwise except to the
extent and for the purposes of this Order.
b. Designating Material As Attorneys’ Eyes Only. Any party,
or any third party subpoenaed by one of the parties, may designate as
Attorneys’ Eyes Only and subject to this Protective Order any materials or
information that meet the test set forth in Paragraph 4.a, but as to which the
Producing Entity also asserts in good faith that the information is so
competitively sensitive that the receipt of the information by parties to the
litigation could result in competitive harm to the Producing Entity.
5. Form and Timing Of Designation.
a. Documents And Written Materials. The Producing Entity
shall designate any document or other written materials as confidential
pursuant to this Order by marking each page of the material with a stamp
setting forth the Confidentiality Designation, if practical to do so. The person
or entity designating the material shall place the stamp, to the extent possible,
in such a manner that it will not interfere with the legibility of the document.
Materials shall be so-designated prior to, or at the time of, their production or
disclosure.
b. Electronically Stored Information (“ESI”): If a production
response includes ESI, the Producing Entity shall make an effort to include
within the electronic files themselves the Confidentiality Designation to the
extent practicable. If that is not practicable, then the Producing Entity shall
designate in a transmittal letter or email to the party to whom the materials
are produced (the “Receiving Party”) using a reasonable identifier (e.g., the
Bates range) any portions of the ESI that should be treated as
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” and any portions
of the ESI that should be treated as “ATTORNEYS’ EYES ONLY – SUBJECT
TO PROTECTIVE ORDER.”
c. Deposition Testimony. Deposition testimony will be deemed
confidential only if designated as such when the deposition is taken or within
ten (10) days after receipt of the deposition transcript. Such designation must
indicate which Confidentiality Designation applies, and must be specific as to
the portions of the transcript and/or any exhibits to which that Confidentiality
Designation applies, except that any exhibit that was marked with a
Confidentiality Designation at the time of production, and which still bears
that mark at the time of its use in a deposition, shall be presumed to fall within
the provisions of this Order without further designation.
6. Limitation Of Use.
a. General Protections. All information that has received a
Confidentiality Designation, including all information derived therefrom, shall
be used by any Receiving Party solely for purposes of prosecuting or defending
this Action. A Receiving Party shall not use or disclose the Confidential
Information for any other purpose, including but not limited to any business,
commercial, or competitive purpose. Except as set forth in this Order, a
Receiving Party shall not disclose Confidential Information to any third party.
This Order shall not prevent the Producing Entity from using or disclosing
information it has designated as Confidential Information, and that belongs to
the Producing Entity, for any purpose that the Producing Entity deems
appropriate, except that the Producing Entity’s voluntary disclosure of
Confidential Information outside the scope of this Action may impact the
protection that this Order would otherwise provide with regard to such
information, once disclosed.
b. Persons To Whom Information Marked “Confidential”
May Be Disclosed. Use of any information, documents, or portions of
documents marked “CONFIDENTIAL – SUBJECT TO PROTECTIVE
ORDER,” including all information derived therefrom, shall be restricted solely
to the following persons who agree to be bound by the terms of this Protective
Order, unless additional persons are stipulated by counsel or authorized by the
Court:
1. outside counsel of record for the parties, and the administrative
staff of outside counsel's firms;
2. in-house counsel for the parties, and the administrative staff for
each in-house counsel;
3. any party to this action who is an individual;
4. as to any party to this action who is not an individual, every
employee, director, officer, or manager of that party, but only to
the extent necessary to further the interest of the parties in this
litigation;
5. independent consultants or expert witnesses (including partners,
associates and employees of the firm which employs such
consultant or expert) retained by a party or its attorneys for
purposes of this litigation, but only to the extent necessary to
further the interest of the parties in this litigation, and only after
such persons have completed the certification attached hereto as
Attachment A, Acknowledgment of Understanding and
Agreement to be Bound;
6. the Court and its personnel, including, but not limited to,
stenographic reporters regularly employed by the Court and
stenographic reporters not regularly employed by the Court who
are engaged by the Court or the parties during the litigation of
this action;
7. the authors and the original recipients of the documents;
8. any court reporter or videographer reporting a deposition;
9. employees of copy services, microfilming or database services,
trial support firms, and/or translators who are engaged by the
parties during the litigation of this action;
10. interviewees, potential witnesses, deponents, hearing or trial
witnesses, and any other person, where counsel for a party to this
action in good faith determines the individual should be provided
access to such information in order for counsel to more effectively
prosecute or defend this action (as long as the disclosure occurs in
the presence of counsel, and copies, duplicates, images, or the like
are not removed or retained by any interviewee, potential
witness, deponent, or hearing or trial witness), provided,
however, that in all such cases the individual to whom disclosure
is to be made has been informed that the information contained
in the disclosed document(s) is confidential and protected by
Court Order, that the individual understands that he/she is
prohibited from disclosing any information contained in the
document(s) to anyone; or
11. any other person agreed to in writing by the parties.
Prior to being shown any documents produced by another party marked
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” any person listed under
paragraph 6(b)(3), 6(b)(4), or 6(b)(11) shall be advised that the confidential
information is being disclosed pursuant to and subject to the terms of this Protective
Order.
c. Persons To Whom Information Marked “Attorneys’ Eyes
Only” May Be Disclosed. Use of any information, documents, or portions of
documents marked “ATTORNEYS’ EYES ONLY – SUBJECT TO
PROTECTIVE ORDER,” including all information derived therefrom, shall be
restricted solely to the following persons who agree to be bound by the terms
of this Protective Order, unless additional persons are stipulated by counsel or
authorized by the Court:
1. outside counsel of record for the parties, and the administrative
staff of outside counsel's firms;
2. one designated representative from in-house counsel for the
parties;
3. independent consultants or expert witnesses (including partners,
associates and employees of the firm which employs such
consultant or expert) retained by a party or its attorneys for
purposes of this litigation, but only to the extent necessary to
further the interest of the parties in this litigation, and only after
such persons have completed the certification attached hereto as
Attachment A, Acknowledgment of Understanding and
Agreement to be Bound;
4. the Court and its personnel, including, but not limited to,
stenographic reporters regularly employed by the Court and
stenographic reporters not regularly employed by the Court who
are engaged by the Court or the parties during the litigation of
this action;
5. the authors and the original recipients of the documents;
6. any court reporter or videographer reporting a deposition;
7. employees of copy services, microfilming or database services,
trial support firms, and/or translators who are engaged by the
parties during the litigation of this action;
8. any other person agreed to in writing by the parties.
Prior to being shown any documents produced by another party marked
“ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER,” any person
listed under paragraph 6(c)(8) shall be advised that the confidential information is
being disclosed pursuant to and subject to the terms of this Protective Order.
7. Inadvertent Production. Inadvertent production of any document or
information with a Confidentiality Designation shall be governed by Fed. R. Evid.
502. Pursuant to subsections (d) and (e) of that Rule, the parties agree to, and the
Court orders, protection of Protected Information against claims of waiver (including
as against third parties and in other Federal and State proceedings) in the event such
information is produced during the course of the Litigation, whether pursuant to a
Court order, a parties’ discovery request, or informal production, as follows:
a. the production of documents or electronically stored information (“ESI”)
(including, without limitation, metadata) subject to a legally recognized
claim of privilege or other protection from production or other disclosure
(collectively, “Protected Information”), including without limitation the
attorney-client privilege and work-product doctrine, shall in no way
constitute the voluntary disclosure of such Protected Information;
b. the production of Protected Information shall not result in the waiver of
any privilege or protection associated with such Protected Information
as to the receiving party, or any third parties, and shall not result in any
waiver of protection, including subject matter waiver, of any kind;
c. if any document or ESI (including, without limitation, metadata)
received by a party is on its face clearly subject to a legally recognizable
privilege, immunity, or other right not to produce such information, the
Receiving Party will promptly notify the Producing Entity in writing
that it has discovered Protected Information, identify the Protected
Information by Bates Number range, and return or sequester such
Protected Information until the Producing Entity confirms whether it
does indeed assert any privilege protecting this information. Once the
Producing Entity asserts privilege over such Protected Information (as
described in Subparagraph (e) below), the Receiving Party will return,
sequester, or destroy all copies of such Protected Information, along with
any notes, abstracts or compilations of the content thereof, within ten
(10) business days of notice from the Producing Entity;
d. upon the request of the Producing Entity, the Receiving Party will
promptly disclose the names of any individuals who have read or have
had access to the Protected Information;
e. if the Producing Entity intends to assert a claim of privilege or other
protection over Protected Information identified by the receiving party,
the Producing Entity will, within ten (10) business days of receiving the
Receiving Party’s written notification, inform the Receiving Party of
such intention in writing and shall provide the Receiving Party with a
log for such Protected Information that is consistent with the
requirements of the Federal Rules of Civil Procedure, setting forth the
basis for the claim of privilege, immunity or basis for non-disclosure, and
in the event, if any portion of the Protected Information does not contain
privileged or protected information, the Producing Entity shall also
provide to the Receiving Party a redacted copy of the Protected
Information that omits the information that the Producing Entity
believes is subject to a claim of privilege, immunity or other protection;
f. if, during the course of the litigation, a party determines it has produced
Protected Information, the Producing Entity may notify the Receiving
Party of such production in writing. The Producing Entity’s written
notice must identify the Protected Information by Bates Number range,
the privilege or protection claimed, and the basis for the assertion of the
privilege and shall provide the receiving party with a log for such
Protected Information that is consistent with the requirements of the
Federal Rules of Civil Procedure, setting forth the basis for the claim of
privilege, immunity or basis for non-disclosure, and in the event any
portion of the Protected Information does not contain privileged or
protected information, the Producing Entity shall also provide to the
receiving party a redacted copy of the Protected Information that omits
the information that the Producing Entity believes is subject to a claim
of privilege, immunity or other protection. The Producing Entity must
also demand the return of the Protected Information. After receiving
such written notification, the Receiving Party must, within ten (10)
business days of receiving the written notification, return, sequester, or
destroy the specified Protected Information and any copies, along with
any notes, abstracts or compilations of the content thereof;
g. a Receiving Party’s return, sequestration, or destruction of such
Protected Information as provided in the Subparagraphs above will not
act as a waiver of the Receiving Party’s right to move for the production
of the returned, sequestered, or destroyed Protected Information on
grounds that the Protected Information is not in fact subject to a viable
claim of privilege or other protection. However, the Receiving Party is
prohibited and estopped from arguing that the Producing Entity’s
production of the Protected Information in this matter acts as a waiver
of applicable privileges or protections, that the disclosure of the
Protected Information by the Producing Entity was not inadvertent,
that the Producing Entity did not take reasonable steps to prevent the
disclosure of the Protected Information, or that the Producing Entity did
not take reasonable steps to rectify such disclosure; and
h. nothing contained herein is intended to or shall limit a Producing
Entity’s right to conduct a review of documents or ESI (including,
without limitation, metadata), for relevance, responsiveness, and/or the
segregation of privileged and/or protected information before such
information is produced to the Receiving Party;
i. prior to production to another party, all copies, electronic images,
duplicates, extracts, summaries, or descriptions (collectively “copies”) of
documents marked with a Confidentiality Designation under this Order,
or in any individual portion of such a document, shall be affixed with the
same Confidentiality Designation if it does not already appear on the
copy. All such copies shall thereafter be entitled to the protection of this
Order. The term “copies” shall not include indices, electronic databases,
or lists of documents provided these indices, electronic databases, or
lists do not contain substantial portions or images of the text of
confidential documents or otherwise disclose the substance of the
confidential information contained in those documents.
8. Filing Materials Containing Information with a Confidentiality
Designation. In the event a party seeks to file with the Court any confidential
information subject to protection under this Order, that party must take appropriate
action to ensure that the document receives proper protection from public disclosure,
including: (a) filing a redacted document with the consent of the party who designated
the document as confidential; (b) where appropriate (e.g., in relation to discovery and
evidentiary motions), submitting the document solely for in camera review; or
(c) when the preceding measures are inadequate, seeking permission to file the
document under seal by filing a motion for leave to file under seal.
Any motion to file a document subject to this Order under seal must meet the
Sixth Circuit’s standard set forth in Shane Group, Inc. v. Blue Cross Blue Shield of
Michigan, 825 F.3d 299 (6th Cir. 2016). The burden of demonstrating the need for
and appropriateness of a sealing order is borne by the moving party, and requires the
moving party to analyze in detail, document by document, the propriety of secrecy,
providing reasons and legal citations. Regardless of whether the parties agree, it
remains the Court’s independent obligation to determine whether a seal is
appropriate for any given document or portion thereof. Any proposed sealing, even
when compelling reasons exist, must be narrowly tailored to serve the compelling
reasons.
When a party to this Order seeks to file documents which it believes may
warrant sealing, but is not the party who may be prejudiced by the document or
documents becoming part of the public record, the filing party shall provide the
potentially-prejudiced party or parties, or any potentially-prejudiced third party or
parties, with written notification of its intent to file such documents at least (14)
fourteen days before doing so. After being provided such notice, the potentially
harmed party or parties will then have (7) seven days to file with the Court a motion
for sealing. The Court will rule on the motion as promptly as possible.
9. Attorneys Allowed to Provide Advice. Nothing in this Order shall
bar or otherwise restrict any attorney for any party from rendering advice to his or
her client with respect to this case or from doing anything necessary to prosecute or
defend this case and furthering the interests of his or her client, except for the
disclosure of the Confidential Information as proscribed in this Order.
10. Excluding Others from Access. Whenever information bearing a
Confidentiality Designation pursuant to this Protective Order is to be discussed at a
deposition, the person or entity that designated the information may exclude from
the room any person, other than persons designated in Paragraph 6 of this Order, as
appropriate, for that portion of the deposition.
11. No Voluntary Disclosure To Other Entities. The parties or anyone
acting on their behalf may not voluntarily disclose any Confidential Information to
any state or federal law enforcement or regulatory agency, or any employee thereof,
except in this litigation as set forth in Paragraph 6 of this Order or as otherwise
commanded by law or provided in this Order. Nothing in this Order shall prevent a
party from providing information in its possession in response to a valid order or
subpoena from a law enforcement or regulatory agency requiring the production of
such information, except that, prior to such production, the party producing the
information shall provide as much advance notice as possible to the person or entity
that designated the material as confidential to facilitate that party’s efforts to
preserve the confidentiality of the material, if warranted.
12. Disputes as to Designations. Each party has the right to dispute the
Confidentiality Designation asserted by any other party or subpoenaed person or
entity in accordance with this Protective Order. If a party believes that any
documents or materials have been inappropriately designated by another party or
subpoenaed party, that party shall confer with counsel for the person or entity that
designated the documents or materials. As part of that conferral, the designating
person or entity must assess whether redaction is a viable alternative to complete
non-disclosure. If any party challenges the Confidentiality Designation of any
document or information, the burden to properly maintain the designation shall, at
all times, remain with the person or entity that made the designation to show that
said document or information should remain protected pursuant to Federal Civil Rule
26(c). In the event of disagreement, then the designating person or entity shall file a
motion pursuant to Federal Civil Rule 26(c). A party who disagrees with the
designation must nevertheless abide by that designation until the matter is resolved
by agreement of the parties or by order of the Court.
13. Information Security Protections. Any person in possession of
Confidential Information received from another person or entity in connection with
this Action shall maintain an information security program that includes reasonable
administrative, technical, and physical safeguards designed to protect the security
and confidentiality of such Confidential Information, protect against any reasonably
anticipated threats or hazards to the security of such Confidential Information, and
protect against unauthorized access to or use of such Confidential Information.
If a Receiving Party discovers a breach of security, including any actual or
suspected unauthorized access, to Confidential Information subject to this Order,
they shall: (1) notify the person or entity who designated the materials under the
terms of this Order of such breach; (2) investigate and take reasonable efforts to
remediate the effects of the breach; and (3) provide sufficient information about the
breach that the Producing Entity can reasonably ascertain the size and scope of the
breach. The Receiving Party agrees to cooperate with the Producing Entity or law
enforcement in investigating any such security incident. In any event, the Receiving
Party shall promptly take all necessary and appropriate corrective action to
terminate the unauthorized access.
14. All Trials Open to Public. All trials, and certain pretrial proceedings
and hearings, are open to the public (collectively a “Public Hearing” or “Public
Hearings”). Absent further order of the Court, there will be no restrictions on any
Party’s ability to the use during a Public Hearing any document or information that
has marked with a Confidentiality Designation or documents or information derived
therefrom that would disclose such confidential information. However, if a party
intends to present at a Public Hearing any document or information that has been so
designated, the party intending to present such document or information shall
provide advance notice to the person or entity that made the Confidentiality
Designation at least (5) five days before the Public Hearing by identifying the
documents or information at issue as specifically as possible (i.e., by Bates Number,
page range, deposition transcript line, etc.) without divulging the actual documents
or information. Any person may then seek appropriate relief from the Court regarding
restrictions on the use of such documents or information at trial, or sealing of the
courtroom, if appropriate.
15. No Waiver of Right to Object. This Order does not limit the right of
any party to object to the scope of discovery in the above-captioned action.
16. No Determination of Admissibility. This Order does not constitute
a determination of the admissibility or evidentiary foundation for the documents or
a waiver of any party’s objections thereto.
17. No Admissions. Designation by either party of information or
documents under the terms of this Order, or failure to so designate, will not constitute
an admission that information or documents are or are not confidential or trade
secrets. Neither party may introduce into evidence in any proceeding between the
parties, other than a motion to determine whether the Protective Order covers the
information or documents in dispute, the fact that the other party designated or failed
to designate information or documents under this Order.
18. No Prior Judicial Determination. This Order is based on the
representations and agreements of the parties and is entered for the purpose of
facilitating discovery in this action. Nothing in this Order shall be construed or
presented as a judicial determination that any documents or information as to which
counsel or the parties made a Confidentiality Designation is in fact subject 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.
19. Order Subject to Modification. This Order shall be subject to
modification by the Court on its own motion or on motion of a party or any other
person with standing concerning the subject matter.
20. Parties May Consent To Disclosure. Nothing shall prevent
disclosure beyond the terms of this Order if all parties consent to such disclosure, or
if the Court, after notice to all affected parties, permits such disclosure. Specifically,
if and to the extent any party wishes to disclose any Confidential Information beyond
the terms of this Order, that party shall provide all other parties with reasonable
notice in writing of its request to so disclose the materials. If the parties cannot
resolve their disagreement with respect to the disclosure of any Confidential
Information, then a party may petition the Court for a determination of these issues.
In addition, any interested member of the public may also challenge the designation
of any material as confidential, pursuant to the terms of this paragraph.
21. Return Of Materials Upon Termination Of Litigation. Upon the
written request and expense of the Producing Entity, within 30 days after the entry
of a final judgment no longer subject to appeal on the merits of this case, or the
execution of any agreement between the parties to resolve amicably and settle this
case, the parties and any person authorized by this Protective Order to receive
confidential information shall return to the Producing Entity, or destroy, all
information and documents subject to this Protective Order, unless the specific
document or information has been offered into evidence or filed without restriction as
to disclosure. The party requesting the return of materials shall pay the reasonable
costs of responding to its request. The party returning or destroying the documents
or other information shall certify that it has not maintained any copies of confidential
information, except as permitted by this Order.
22. Counsel Allowed To Retain Copy Of Filings. Nothing in this
Protective Order shall prevent outside counsel for a party from maintaining in its
files a copy of any filings in the Action, including any such filings that incorporate or
attach Confidential Information. Moreover, an attorney may use his or her work
product in subsequent litigation provided that such use does not disclose any
Confidential Information.
SO ORDERED.
May 20, 2024
DATE DOUGLAS R. COLE
UNITED STATES DISTRICT JUDGE
AGREED TO:
ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANT
/s/ Robert C. Petrulis /s/ Marcus L. Mintz (per email
Robert C. Petrulis (0040947) authority 5.13.24)
Trial Counsel Marcus L. Mintz
Ogletree, Deakins, Nash, Smoak & Trial Counsel
Stewart, P.C. Seyfarth Shaw, LLP
127 Public Square, Suite 4100, Key 233 South Wacker Drive
Tower Suite 8000
Cleveland, OH 44114 Chicago, Illinois 60606
Ph: 216-241-6100 Ph: 312-460-5000
Fax: 216-357-4733 Fax: 312-460-7000
robert.petrulis@ogletree.com mmintz@seyfarth.com
Jantzen D. Mace (0099005) Todd F. Palmer (0047582)
Ogletree, Deakins, Nash, Smoak & Abbey Kinson Brown (0092629)
Stewart, P.C. Calfee, Halter & Griswold LLP
Key Bank Building The Calfee Building
88 East Broad Street, Suite 2025 1405 East Sixth Street
Columbus, OH 43215 Cleveland, Ohio 44114-1607
Ph: 614.494.0420 Ph: 216-622-8200
Fax: 614.633.1455 tpalmer@calfee.com
jantzen.mace@ogletree.com abrown@calfee.com
Andrew E. Tanick (admitted pro hac Madeline H. Shanahan (0098750)
vice) Calfee, Halter & Griswold LLP
Nathan T. Boone (admitted pro hac 2800 First Financial Center
vice) 255 East Fifth Street
Ogletree, Deakins, Nash, Smoak & Cincinnati, Ohio 45202
Stewart, P.C. Ph: 513-693-4870
Capella Tower mshanahan@calfee.com
225 South Sixth Street, Suite 1800
Minneapolis, MN 55402
Ph: 612-339-1818
Fax: 612-339-0061
andrew.tanick@ogletree.com
nathan.boone@ogletree.com
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
GENERAL MILLS, INC.,
Plaintiff,
Case No. 1:24-cv-233
v.
JUDGE DOUGLAS R. COLE
MATTHEW W. MALONE, et al.,
Defendants.
FORM PROTECTIVE ORDER
ATTACHMENT A
The undersigned hereby acknowledges that [he/she] has read the Protective
Order dated [INSERT DATE OF OPERATIVE PROTECTIVE ORDER] 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 Southern District of Ohio in matters relating to the
Protective Order and understands that the terms of the Protective Order obligate
[him/her] to use documents designated “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” or “ATTORNEYS’ EYE ONLY – SUBJECT TO
PROTECTIVE ORDER” in accordance with the Order, solely for the purpose of the
above-captioned action, and not to disclose any such documents or information
derived directly therefrom to any other person, firm, or concern.
The undersigned acknowledges that violation of the Protective Order may
result in penalties for contempt of court.
Name:
Job Title:
Employer:
Business Address:
Date:
Signature