Beruflich Dokumente
Kultur Dokumente
BRIAN L. SPARKS,
Plaintiff,
vs.
Defendant.
VVVVVVVVVVVVVVVVVVVVVVV
WESTERN
UTILITIES DISTRICT OF
INDIANA RURAL ELECTRIC MEMBERSHIP
CORPORATION,
Counterclaim Plaintiff,
VS.
BRIAN L. SPARKS,
Counterclaim Defendant.
Plaintiff, Utilities District 0f Western Indiana Rural Electric Membership Corporation (“UDWI
REMC”), (Sparks and UDWI REMC collectively referred to hereinafter as the “Parties”) hereby
stipulate to the entry of the following protective order in order to preserve and maintain the
confidentiality of proprietary business information not known to the general public, confidential
trade secrets, research and development, training, technology, intellectual property, financial
(“GLBA”) which may be disclosed through the production of certain records between the Parties
during the course of discovery and the disclosure of which could cause serious injury, harm or
Information”. This Agreed Protective Order pertains to the above-captioned matter, Cause No.
l. The Parties agree that good cause exists for the entry of this Agreed Protective
Order to preserve and maintain the confidentiality of information which may be disclosed to or
obtained by the Parties through the production ofcertain Confidential Information and related
records or documents. The Court specifically finds that good cause exists for this Agreed
Protective Order.
confidential nature and treatment 0f Confidential Information. This Agreed Protective Order is
necessary to preserve the legitimate proprietary, confidential and privacy interests of sources of
information, establishes a procedure for disclosing Confidential Information between the Parties
from unauthorized use or disclosure, and establishes a procedure for challenging confidentiality
designations.
3. This Agreed Protective Order shall govern the disclosure and use of Confidential
Information produced in connection with this Litigation. Confidential Information shall be used
solely for the prosecution or defense of this Litigation unless the information is available to the
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general public without a breach of the terms of this Agreed Protective Order. The measures
designated by the parties in this Agreed Protective Order are reasonable and will not prejudice
4. This Agreed Protective Order is also intended to preserve and protect any
Confidential Information that may be discovered or produced in the form of electronically stored
information or data.
5. This Agreed Protective Order may also pertain to additional records ofa proprietary
nature which the Parties determine should fall within the protections of this Agreed Protective
6. By entering into this Agreed Protective Order, the Parties do not intend to waive
any objections raised in response to discovery, nor does this Agreed Protective Order in any way
obligate any party to produce any specific document or records in the future which a party deems
inappropriate for production, nor does it replace, waive or relieve any obligation or duty already
existing to protect the secrecy ofthe Confidential Information. Execution of this Agreed
Protective Order by the Parties does not constitute an agreement, either express or implied, that
any of the Confidential Information is in fact proprietary to any party or that it constitutes a
disseminated, copied, 0r in any way communicated to anyone for any purpose whatsoever, other
than in conjunction with this Litigation. Except as provided for in this Agreed Protective Order,
the Parties shall keep ail documents or information produced during discovery and covered by
the terms ofthis Agreed Protective Order from all persons as provided for by the terms of this
or disclosing the protected health information for any purpose other than the litigation or
proceeding for which such information was requested.” Accordingly, the Parties expressly agree
to maintain the confidentiality associated with those documents and information designated as
CONFIDENTIAL and agree that they will not disclose or otherwise share such infomation,
including protected health information, with anyone other than their respective designated counsel
of record in this action at any time either during the pendency ofthis action or subsequent to the
9. The Court further finds and enters a Qualified Protective Order in compliance
with HIPAA and its implementing regulations. Pursuant to this Agreed Protective Order, the
Parties are authorized to use or disclose protected health information without the patients’
written authorization and/or without further opportunity for the patients to agree or object to the
10. The Parties shall have the right t0 identify and designate documents and other
EYES ONLY” on any part ofa document shall be understood to be a designation of the entire
EYES ONLY” on a computer disk shall apply to all forms ofthe documents on the disk. In lieu
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party or its counsel may, by letter, designate any document or other material being produced for
inspection as confidential, thereby making it, and the information it contains, temporarily subject
to this Agreed Protective Order. However, each copy of such original document or other
that contain such Confidential Information shall bear the same designation accordingly.
(a) the named parties to this Litigation, but limited to employees or officers
who are necessary to assist with the prosecution or defense ofthis action
or who have prior personal knowledge of the events of this action, so long
(b) counsel employed by the receiving party to assist in the Litigation; the
the respective law firms of such counsel; the personnel supplied by any
with whom the law firms ofthe counsel work in connection with the
Litigation; in-house counsel for the Parties (ifany) and the attorneys,
paralegals, assistants and stenographic and clerical employees in the
unpaid, who is not a'party, 0r otherwise affiliated with the parties in any
(d) the Court and any members of its staffto whom it is necessary to disclose
to those individuals set forth in paragraph 1 1(b), l 1(c), l I(d) and l 1(6) above. Counsel to whom
ONLY” has been produced may produce or disclose such documents and copies thereofto any
Expert Witnesses as set forth in paragraph 1 1(c) above, provided that the counsel shall first
secure from each such Expert Witness an executed Certificate, in the form attached as Exhibit A
and serve all counsel of record with the Certificate at least 21 days prior to disclosure of
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13. In the event that a dispute arises regarding disclosure to Expert Witnesses, the
Parties agree to discuss such objection and/or request and ifthey are unable to resolve such
dispute, the party who objects to the disclosure to the Expert Witnesses shall apply to the Court
within fourteen (l4) days after the inability ofthe Parties to agree, for resolution of same.
Pending resolution ofthe dispute, no disclosure shall be made to the Expert Witnesses. If no
application is made by the party objecting to the proposed Expert Witness within fourteen (14)
days after the inability ofthe Parties to agree, then disclosure may be made t0 the Expert
Witness.
discuss such objection and ifthey are unable to resolve any such dispute, the party who opposes
such designation shall apply to the Court within ten (10) days after receipt 0f written notice of
the inability ofthe parties to agree, for resolution of same. Pending resolution ofthe dispute, the
“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY”. The party who made such
designation has the burden to prove the confidentiality or trade secret status in the event of an
participation in the conduct ofthis Litigation shall use such Confidential Information only in
connection with the prosecution ofthe Litigation, or appeals related thereto, and shall not use
“CONFIDENTIAL” to any person who is not listed in paragraph l l, except as may be provided
shall not disclose such Confidential Information to any person who is not listed in paragraph
l I(b), except as may be provided in subsequent paragraphs 0fthis Agreed Protective Order.
“CONFIDENTIAL", disclose such documents and copies thereofto persons set forth in
paragraph 1 1(b), Counsel shall first obtain from each person a signed Certificate in the form of
(d) Counsel, the named Parties listed in paragraph l 1(a) above, and the Court,
together with Court personnel, to whom Confidential Information may be produced, need not
execute a “Certificate of Consent to Be Bound by Protective Order”, but are bound by the terms
the named parties. Such copies shall be treated in the same manner as the originally produced
documents. For the purposes of this Agreed Protective Order, “copies” shall include
restatements, excerpts, abstracts, synopses, or summaries of all or any part of the materials
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“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY," 0r any other duplication of all or part
EYES ONLY.”
17. Nothing shall prevent disclosure beyond the terms ofthis Agreed Protective Order
ATTORNEYS’ EYES ONLY," or its counsel, consents in writing to such disclosure, 0r ifthe
Court, after reasonable written notice to all affected parties, orders such disclosure. Disclosure
pursuant t0 Court Order shall not be permitted until the expiration ofthe time by which any party
may seek leave to appeal or until ten (10) days after the conclusion of any appeal, ifappeal is
taken.
18. Nothing contained in this Agreed Protective Order shall preclude any party from
using its own Confidential Information without prior consent of any party or ofthe Coun. This
Agreed Protective Order shall not be construed t0 prevent any person from making use ofor
(a) was lawfully in that person’s possession and not under obligation of
(b) was or is hereafter lawfully obtained from a source or sources other than
(b) sending written notice within twenty (20) days of receipt of the transcript
ONLY.” Each party and counsel shall attach a copy of such written notice
on the face of the transcript (and each copy thereof) in his, her or its
All depositions shall be treated as containing Confidential Information, and subject to this
Agreed Protective Order, from the taking of the deposition to twenty (20) days after receipt of
the transcript, or until receipt of the written notice referred to in this paragraph, whichever occurs
earlier.
20. In the event a party (or its counsel) designates testimony as “CONFIDENTIAL”
employee or court reporter transcribing such testimony will be directed to bind any transcript
page(s) containing Confidential Information separately and apart from any transcript page(s)
containing n0 such Confidential Information. It shall be the responsibility of the party who so
ATTORNEYS’ EYES ONLY” to apprise the stenographic employee or court reporter of such
procedure.
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21. IfConfldential Information is used during depositions, it shall not lose its
confidential status through such use, and counsel shall exercise their best efforts and take all
steps reasonably required to disclose such Confidential Information only in the manner permitted
by this Agreed Protective Order and to protect its confidentiality during such use.
22. (a) The deposition of any witness (0r segment thereof) which contains
ofthe named parties, counsel for the parties, the Court or the stenographic reporter and those
(b) The deposition 0f any witness (or segment thereof) which contains
shall be taken only in the presence of counsel for the parties, the Court and/or the stenographic
reporter.
only in the presence of the named party being deposed and who supplied the Confidential
Information, counsel for the parties, the Court and/or the stenographic reporter.
submitted or filed with the Court or otherwise presented to become part ofthe Court’s record
prior to trial, then the offering party, and its counsel, shall file a written request pursuant to and
comporting with Indiana Administrative Rule 9 to ensure compliance with and to afford the
protections provided under this Agreed Protective Order. The parties shall cooperate and use
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their best efforts to make the written request under Admin. Rule 9 an unopposed andjoint
request. Pursuant to this Agreed Protective Order and as directed further under Admin. Rule 9
all such filed material and information shall be filed under seal, redacted from the public record
and remain protected and confidential until the Court has entered its final order ruling and all
containing Confidential Information, or copies thereof shall be filed with the Court in
compliance with Admin. Rule 9(G)(4) and (5) and under seal 0r other appropriate limitation
directed by the Court and shall not be disclosed to any person except persons provided for in
paragraphs l l or 12 above, or upon Order ofthe Court entered after notice to all parties and after
opportunity for them to be heard. Where only a portion ofa document filed or exhibit tendered
the Parties may follow the procedure for filing such material under Admin. Rule 9. Nothing
herein shall affect the right ofany party to contest the admissibility of any such written materials.
EYES ONLY,” documents are used as exhibits or attachments to any filing with the Court in this
ATTORNEYS’ EYES ONLY” documents will file the documents with the Court in compliance
with Admin. Rule 9(G)(4) and (5) in a sealed envelope prominently marked with the caption and
docket number of the case, a description of the contents of the envelope, and the legend
following form:
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This envelope contains CONFIDENTIAL documents which were filed in this cause
by [name of party] in conjunction with [name of pleading] (or for the purpose of
trial), and is not to be opened, nor the contents to be displayed or revealed except
such material shall be returned to the presenting party and not placed in the public file, or iffiled
with the Court, such material shall be filed separate from any other papers so filed and be filed
27. The use of Confidential Information at trial or hearing shall be addressed in any
pre-trial or pre-hearing order or by a stipulation submitted by the parties to comport with the
Additional Protections
28. Notwithstanding any other provisions hereof, nothing in the foregoing shall
restrict any party’s counsel from rendering advice t0 their clients with respect to the Litigation
in rendering such advice, counsel shall not make specific disclosure of any documents, materials
or any Confidential Information other than in a manner permitted by this Agreed Protective
Order.
29. A party may seek permission from the disclosing party to have particular
representatives (other than those identified in paragraph l l) by submitting a written request which
references the specific document(s) by a description sufficient to identify the document for which
the Party is seeking permission for disclosure to the disclosing Party. ln the event a dispute arises
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as a result ofthis procedure or as a result ofany denial ofa specific request, the Parties shall confer
and attempt to resolve such dispute. In the event a dispute cannot be resolved after the Parties
have met and conferred, then the Patties agree that the person or party challenging the
confidentiality and/or disclosure of a particular document may submit that discovery dispute to the
30. Nothing in this Agreed Protective Order shall be construed as precluding a Party
from seeking additional protection from the Court against the disclosure or production ofany other
confidential information, including an order that such information not be disclosed or that it be
3 1. The agreement ofthe Parties to this Agreed Protective Order shall not be
confidential is, in fact, confidential; (ii) as to the correctness or truth ofany allegation made or
position taken relative to any matter designated as confidential; or (iii) with respect to the
confidential.
32. Nothing shall prevent disclosure beyond the terms 0f this Agreed Protective Order
ifthe disclosing/producing party expressly consents to such disclosure, either in writing or in the
record ofany proceeding in this litigation, or ifthe Court, after notice to all affected parties, orders
such disclosure.
remedied by supplemental written notice. Ifsuch written notice is received in a timely fashion
and prior to the public disclosure or use of such material in a manner inconsistent with the
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provisions ofthis Agreed Protective Order, all documents, material 0r testimony so designated
34. Any oversight in producing ofany privileged materials or other materials exempt
from discovery shall not be deemed a waiver or impairment of any claim of privilege or
exemption (Including under the attomey-client privilege, work product doctrine or other
35. If Confidential Information is disclosed to any person other than in the manner
authorized by this Agreed Protective Order the party responsible for the disclosure shall
immediately upon learning of such disclosure inform all other counsel of all pertinent facts
relating to such disclosure and shall make every effort to prevent disclosure by each
other litigation requests, subpoenas or orders production of Confidential Information which any
party has obtained under the terms of this Agreed Protective Order, that party shall immediately
notify the designating party of the pendency of such request, subpoena or order to permit the
in this Litigation shall be entitled, but is not required, to designate deposition testimony or
pursuant to this Agreed Protective Order, with the same protection and obligations under this
Order as if such non-party was a party in this Litigation. Non-parties shall first execute, file and
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serve in this cause a Certificate, in the form ofExhibit A.
38. The provisions of the Agreed Protective Order shall survive the conclusion 0f this
Litigation and shall continue to be binding 0n the Parties after the conclusion of this Litigation,
except that, unless otherwise ordered by this Court, there shall be no restriction on documents or
transcripts that become a part of the public record without breach ofthis Order.
39. The conclusion ofthis case 0r subsequent related action or proceeding, however,
shall not relieve any person to whom any Confidential Information has been disclosed from the
obligations provided for in this Agreed Protective Order. The Court shall retain jurisdiction with
40. Within thirty (30) days after the conclusion ofthis Litigation or the final conclusion
of any appeal taken from a final judgment in this Litigation, the original and all copies of
exhibits shall be returned by the receiving party or destroyed. At such time, all persons having
received such Confidential Information shall verify in an affidavit the return or destruction of all
Confidential Information and all copies thereof. The return or destruction of “protected health
information (including all copies made) at the end of the litigation or proceeding” is mandated by
Confidential Information that has been determined to be the property of such party and/or that
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The Parties and their respective counsel, hereby agree and stipulate to each of the terms
okorin@kkclegal.com jbuddenbaum@parrlaw.com
kkaz@kkclegal.com mschultz@parrlaw.com
,2018.
on this E
day of
maMfi
we, Greene County Superior Court 1
17
Distribution t0:
Offer Korin
okorin@kkclegal.com
Kristopher N. Kazmierczak
kkaz@kkclegal .com
James Buddenbaum
jbuddenbaum@parrlaw.com
Michael Schultz
mschultz@parrlaw.com
Ryan C. Fox
rfox@fwslegal .com
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EXHIBIT A
This is to certify that the undersigned has read and is fully familiar with the provisions of
, 2018, in the action entitled Brian L. Sparks vs. Utilities District of Western
Indiana Rural Electric Membership Corporation pending in the Greene Superior Court 1, Greene
connection with this case, or my obtaining any information derived from said Confidential
Information, 1 hereby agree that this Agreed Protective Order shall be deemed to be directed to
and shall include me, and 1 shall observe and comply with the provisions ofthis Agreed Protective
Order. I further agree to submit to thejurisdiction 0fthe state and federal courts located in Greene
County, Indiana for the purposes ofenforcement ofthe Agreed Protective Order.
Dated:
Signature
Printed Name
Title
Address: