Haddad v. Indiana Pacers Et Al - Document No. 41

Haddad v. Indiana Pacers et al Doc.
41
Case 2:04-cv-74932-ADT-DAS Document 41 Filed 03/17/2006 Page 1 of 5
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES HADDAD,
Plaintiff, Case No. 04-CV-74932
-vs- Hon. ANNA DIGGS TAYLOR
INDIANA PACERS, an assumed name a/k/a PACERS Mag. Judge Donald A. Scheer
BASKETBALL CORPORATION, an Indiana corporation,
JERMAINE O’NEAL and ANTHONY JOHNSON,
Defendants.
______________________________________________________________________________
L.S. CHARFOOS (P11799) Potter, DeAgostino, O’Dea & Patterson
JASON J. THOMPSON (P47184) STEVEN M. POTTER (P33344)
Attorneys for Plaintiff Attorney for Indiana Pacers
5510 Woodward Avenue 2701 Cambridge Court, Suite 223
Detroit, Michigan 48202 Auburn Hills, Michigan 48326
(313) 875-8080/FAX 8522 (248) 377-1700/FAX 0051
LAWRENCE G. CAMPBELL (P11553) THOMAS W. CRANMER (P25252)

BRIAN M. AKKASHIAN (P55544) MATTHEW F. LEITMAN (P48999)
RICHARD M. APKARIAN, JR. (P66206) HIDEAKI SANO (P61877)
Attorneys for Jermaine O’Neal Attorneys for Anthony Johnson
500 Woodward Avenue, Suite 4000 150 W. Jefferson, Suite 2500
Detroit, Michigan 48226 Detroit, Michigan 48226
(313) 223-3500 (313) 496-7651
WILLIAM D. TEMKO
JOSEPH YBARRA
Co-Counsel for Jermaine O’Neal
355 S. Grand Avenue, 35th Floor
Los Angeles, California 90071
(213) 683-9266
_____________________________________________________________________________
STIPULATED PROTECTIVE ORDER
At a session of said Court, held in the Eastern District

of Michigan on: March 17, 2006
PRESENT: Honorable Anna Diggs Taylor

United States District Court Judge
Dockets.Justia.com
This matter having come before this Honorable Court upon stipulation of the
parties, through their respective counsel, and the Court being otherwise fully advised in the
premises:
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. “Confidential Material” means:
a. Documents and information which the party reasonably and in good faith
believes is confidential and would not normally reveal to others including, but not limited to:
Administrative Orders, Policies, Procedures, Rules and Regulations, internal departmental
documents, and written and videotaped investigations of the INDIANA PACERS, an assumed
name for PACERS BASKETBALL CORPORATION.
b. Any Confidential Material produced in response to any discovery request
shall be designated as such by stamping the document “CONFIDENTIAL”.
c. Confidential Material shall be produced pursuant to the terms and
conditions set forth in this Order.
2. If a party believes that a designation of any information as Confidential Material
is unwarranted, it may inform the designating party in writing within forty (40) days of receipt
of the information. Upon receiving the written objection, both parties shall negotiate in good
faith to resolve their differences. Failing agreement, the objecting party may file a motion with
the Court for ruling on its objection. If no written objection is made to the designation within the
forty (40) day period, objection to the designation shall be deemed waived, except for good
cause shown. If the objecting party fails to file a motion with the Court within forty (40) days of
receipt of the information or within fourteen (14) business days of a conference to try to resolve
the differences, whichever is later, the information shall be considered Confidential Material.
2
3. Access, use, and review of Confidential Material is limited to the parties, the
parties’ attorneys and their firms, who have signed this Order (the “Parties’ Attorneys”), their
retained experts, consultants, and employees of the parties who may testify as witnesses in the
trial of this matter. Otherwise, Confidential Material shall not be publicized, referred to, or
communicated in any way to any other person or entity other than in connection with the
discovery and preparation of trial or appeal of this action.
4. Before disclosing Confidential Material to any person not a party to this Order,
counsel for the party making the disclosure shall provide each such person with a copy of this
Order. Each such person shall agree to the terms of this Order; agree to subject themselves to
the jurisdiction of this Court before receiving Confidential Material; and, will sign and date a
copy of this Order stating that they have read this Order and will abide by its terms.
5. If requested by any governmental agency or by any party in civil litigation by
subpoena or court order, the parties agree to respond to the request by advising the requesting
party that all such documents are subject to this Order. Further, the parties shall give each other
immediate notice of the request. The parties will not provide Confidential Material in response
to the request until the other party has had reasonable time to intervene or otherwise protect its
interests.
6. At their option, the parties will either return or destroy all copies of Confidential
Material at the close of all appeals of this action. The Parties’ Attorneys will represent in writing
that they have returned or destroyed all Confidential Material or documents that contain
Confidential Material.
7. The use of Confidential Material in the deposition of any witness shall be in
compliance with this Order. When Confidential Material is disclosed in a deposition, the person
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making the disclosure shall state on the record that the use of the Confidential Material is subject
to this Order and that the witness and his or her counsel are bound by the terms of this Order. If
Confidential Material is referred to or referenced in any deposition or proceeding in this action,
the portion of the transcript that refers to Confidential Material will be treated as confidential by
the court reporter and the parties in accordance with this Order.
8. If any party wishes to use Confidential Material in connection with any brief,
argument or filing in this action, the Confidential Material shall be submitted and filed under seal
and shall be maintained by the Court under seal. Such Confidential Material so filed shall not be
made available to anyone other than the Court, its clerks and the Parties’ Attorneys.
9. Confidential Material submitted to the Court is to be sealed in a 9 x 12 inch
envelope. The envelope shall have the following information printed on its face: (1) the name of
the court; (2) the title of the case: (3) the case number; (4) the name of the document; (5) the
attorney’s name, address, and the party he or she represents; and (6) the following language:
“Confidential Material Pursuant to Protective Order.” A copy of the Protective Order shall also
be attached to the outside of the envelope.
10. Sixty days after the termination of this action by order or judgment, or by an
appellate mandate if appealed, the Confidential Material submitted to the Court under seal
pursuant to this Protective Order will be unsealed and placed in the public case file, unless
counsel present a proposed order directing the Clerk’s Office to return the Confidential Material
to the parties responsible for their submission. An order for the return of protected documents to
the parties or attorneys who submitted them shall require counsel to maintain one archival copy
of deposition exhibits, transcripts, Court exhibits and transcripts, and documents and information
included in submissions to the Court.
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11. This Protective Order is binding on all undersigned parties and on all parties who
have been served with a copy of this Order, and shall remain in full force and effect until
modified, superseded, or terminated by written consent of the parties or by order of the Court.
12. This Protective Order shall not constitute a waiver of the right of the parties to
raise or assert any defense or objection including, but not limited to: objections regarding the
use, relevance, and admissibility of any documents, testimony, or information subject to this
Protective Order.
Dated: March 17, 2006 S/ANNA DIGGS TAYLOR

U.S. DISTRICT COURT JUDGE
Approved as to form and content:
s/L.S. Charfoos w/consent s/Steven M. Potter

L.S. CHARFOOS (P11799) Potter, DeAgostino, O’Dea & Patterson
JASON J. THOMPSON (P47184) STEVEN M. POTTER (P33344)
Attorneys for Plaintiff Attorney for Indiana Pacers
5510 Woodward Avenue 2701 Cambridge Court, Suite 223
Detroit, Michigan 48202 Auburn Hills, Michigan 48326
(313) 875-8080/FAX 8522 (248) 377-1700/FAX 0051
[email protected] [email protected]
s/Brian M. Akkashian w/consent s/Matthew F. Leitman w/consent

LAWRENCE G. CAMPBELL (P11553) THOMAS W. CRANMER (P25252)
BRIAN M. AKKASHIAN (P55544) MATTHEW F. LEITMAN (P48999)
RICHARD M. APKARIAN, JR. (P66206) HIDEAKI SANO (P61877)
Attorneys for Jermaine O’Neal Attorneys for Anthony Johnson
500 Woodward Avenue, Suite 4000 150 W. Jefferson, Suite 2500
Detroit, Michigan 48226 Detroit, Michigan 48226
(313) 223-3500 (313) 496-7651
[email protected] [email protected]
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to
their respective email addresses or First Class U.S. mail disclosed on the Notice of Electronic Filing on March 17,
2006.
s/Johnetta M. Curry-Williams
Case Manager

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Haddad v. Indiana Pacers et al Doc.

UNITED STATES DISTRICT COURT

Plaintiff, Case No. 04-CV-74932

-vs- Hon. ANNA DIGGS TAYLOR

LAWRENCE G. CAMPBELL (P11553) THOMAS W. CRANMER (P25252)

STIPULATED PROTECTIVE ORDER

At a session of said Court, held in the Eastern District

PRESENT: Honorable Anna Diggs Taylor

NOW, THEREFORE, IT IS HEREBY ORDERED that:

1. “Confidential Material” means:

Administrative Orders, Policies, Procedures, Rules and Regulations, internal departmental

name for PACERS BASKETBALL CORPORATION.

b. Any Confidential Material produced in response to any discovery request

shall be designated as such by stamping the document “CONFIDENTIAL”.

c. Confidential Material shall be produced pursuant to the terms and

conditions set forth in this Order.

2. If a party believes that a designation of any information as Confidential Material

discovery and preparation of trial or appeal of this action.

5. If requested by any governmental agency or by any party in civil litigation by

7. The use of Confidential Material in the deposition of any witness shall be in

Confidential Material is referred to or referenced in any deposition or proceeding in this action,

9. Confidential Material submitted to the Court is to be sealed in a 9 x 12 inch

be attached to the outside of the envelope.

included in submissions to the Court.

Dated: March 17, 2006 S/ANNA DIGGS TAYLOR

Approved as to form and content:

s/L.S. Charfoos w/consent s/Steven M. Potter

s/Brian M. Akkashian w/consent s/Matthew F. Leitman w/consent

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