United States District Court, E.D. Wisconsin, Green Bay Division
DERICK VOLKMAN, on behalf of himself and all others similarly situated, Plaintiff,
ENHANCED RECOVERY COMPANY, LLC, a Delaware Limited Liability Company, d/b/a ERC, Defendant.
THOMASSON LLP Andrew T. Thomasson Attorneys for Plaintiff,
Derick Volkman, and all others similarly situated.
CLAUSEN MILLER P.C. PAIGE M. NEEL DANIEL L. POLSBY PATRICK L.
BREEN Attorneys for Defendant.
STIPULATED PROTECTIVE ORDER
William C. Griesbach United States District Court Judge.
parties, by their undersigned counsel, hereby stipulate to
the following Protective Order.
CONFIDENTIALITY OF MATERIALS
Designation of confidential information must be made by
placing or affixing on the document in a manner that will not
interfere with its legibility the word
“CONFIDENTIAL.” One who provides materials may
designate it as “CONFIDENTIAL” only when the
person in good faith believes it contains trade secrets or
nonpublic technical, commercial, financial, personal, or
business information. Except for documents produced for
inspection at the party's facilities, the designation of
confidential information must be made prior to, or
contemporaneously with, the production or disclosure of that
information. In the event that documents are produced for
inspection at the party's facilities, such documents may
be produced for inspection before being marked confidential.
Once specific documents have been designated for copying, any
documents containing confidential information will then be
marked confidential after copying but before delivery to the
party who inspected and designated the documents. There will
be no waiver of confidentiality by the inspection of
confidential documents before they are copied and marked
confidential pursuant to this procedure.
Portions of depositions of a party's present and former
officer, directors, employees, agents, experts, and
representatives must be deemed confidential only if they are
designated as such when the deposition is taken.
Information or documents designated as confidential under
this rule must not be used or disclosed by the parties or
counsel for the parties or any persons identified in
subparagraph (D) for any purposes whatsoever other than
preparing for and conducting the litigation in which the
information or documents were disclosed (including appeals).
The parties must not disclose information or documents
designated as confidential to putative class members not
named as plaintiffs in putative class litigation unless and
until one or more classes have been certified.
parties and counsel for the parties must not disclose or
permit the disclosure of any documents or information
designated as confidential under this rule to any other
person or entity, except that disclosures may be made in the
1. Disclosure may be made to employees of counsel for the
parties who have direct functional responsibility for the
preparation and trial of the lawsuit. Any such employee to
whom counsel for the parties makes a disclosure must be
advised of, and become subject to, the provisions of this
rule requiring that the documents and information be held in
2. Disclosure may be made only to employees of a party
required in good faith to provide assistance in the conduct
of the litigation in which the information was disclosed who
are identified as such in writing to counsel for the other
parties in advance of the disclosure of the confidential
3. Disclosure may be made to court reporters engaged for
depositions and those persons, if any, specifically engaged
for the limited purpose of making photocopies of documents.
Before disclosure to any such court reporter or person
engaged in making photocopies of documents, such reporter or
person must agree to be bound by the terms of this Rule.
4. Disclosure may be made to consultants, investigators, or
experts (collectively “experts”) employed by the
parties or counsel for the parties to assist in the
preparation and trial of the lawsuit. Before disclosure to
any expert, the expert must be informed of and agree to be
subject to the provisions ...