Lewis v. Winters et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANIELLE L. LEWIS,
Plaintiff,
v.
BILLY D. WINTERS and
ASHLEY DISTRIBUTION
SERVICES, LTD.,
Defendants.
Case No. 3:25-CV-1880-NJR
STIPULATED PROTECTIVE ORDER
ROSENSTENGEL, District Judge:
Pursuant to the Federal Rules of Civil Procedure, the parties in connection with
the above-captioned action are bound by the following Stipulated Protective Order to
facilitate the exchange of discoverable information and, in particular, the production of
documents, the service of discovery responses, and the taking of testimony under the
Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this
Order, this Order shall remain in effect:
1. 	Scope. All materials produced or adduced in the course of discovery,
including initial disclosures, responses to discovery requests, deposition testimony and
exhibits, 	and 	information 	derived 	directly 	therefrom 	(hereinafter 	collectively
“documents”), shall be subject to this Order concerning Confidential Information as
defined below. This Order is subject to Local and Federal Rules of Civil Procedure on
matters of procedure and calculation of time periods.
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2. 	Confidential 	Information. 	As 	used 	in 	this 	Order, 	“Confidential
Information” 	means 	information 	designated 	as 	“CONFIDENTIAL-SUBJECT 	TO
PROTECTIVE ORDER” by the producing party that falls within one or more of the
following 	categories: 	(a) 	information 	prohibited 	from 	disclosure 	by 	statute;
(b) information that reveals trade secrets; (c) research, technical, commercial or financial
information that the party has maintained as confidential. “Confidential Information”
shall also include the following information, regardless of source, method of discovery,
or party designation: (d) medical information concerning any individual; (e) personal
identity information; (f) income tax returns (including attached schedules and forms), W-
2 forms and 1099 forms; or (g) personnel or employment records of a person who is not
a party to the case. Information or documents that are available to the public may not be
designated as Confidential Information.
3. 	Designation.
(a) 	A party may designate a document as Confidential Information for
protection under this Order by placing or affixing the words “CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that
will not interfere with the legibility of the document. As used in this Order, “copies”
includes electronic images, duplicates, extracts, summaries and/or descriptions that
contain the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER” shall be applied prior to or at the time that the documents are
produced or disclosed. 	Applying the marking “CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER” to a document does not mean that the document has any status
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or protection by statute or otherwise except to the extent and for the purposes of this
Order. 	Any copies that are made of any documents marked “CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices,
electronic databases and lists of documents that do not contain substantial portions or
images of the text of marked documents and do not otherwise disclose the substance of
the Confidential Information are not required to be marked.
(b) 	The designation of a document as Confidential Information is a
certification by an attorney or a party appearing pro se that the document contains
Confidential Information as defined in this order.
4. 	Depositions. If required to provide deposition testimony, the parties may
designate such testimony or a portion thereof, including exhibits, as Confidential
Information. Designation of deposition testimony, including exhibits, as Confidential
Information shall be made by placing a statement to such effect on the record in the course
of the deposition of any such person or by notifying all parties in writing within twenty-
one (21) days after receipt of the transcript. All parties in possession of the transcript
thereafter shall place or affix the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” at the top of each page so designated and each photocopy thereof. All
deposition transcripts shall be treated as Confidential Information for a period of twenty-
one (21) days after receipt of such transcript to allow time for each party to make their
designations of Confidential Information, if any.
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5. 	Protection of Confidential Material.
(a) 	General Protections. Confidential Information shall not be used or
disclosed by the parties, counsel for the parties, or any other persons identified in
subparagraph (b) for any purpose whatsoever other than in this litigation, including any
appeal thereof.
(b) 	Limited Third-Party Disclosures. The parties and counsel for the
parties shall not disclose or permit the disclosure of any Confidential Information to any
third person or entity except as set forth in subparagraphs (1)-(9). Subject to these
requirements, the following categories of persons may be allowed to review Confidential
Information:
(1) 	Counsel. Counsel for the parties and employees of counsel who
have responsibility for the action;
(2) 	Parties. Individual parties and employees of a party but only to the
extent 	counsel 	determines 	in 	good 	faith 	that 	the 	employee’s
assistance is reasonably necessary to the conduct of the litigation in
which the information is disclosed;
(3) 	The Court and its personnel;
(4) 	Court Reporters and Recorders. Court reporters and recorders
engaged for depositions;
(5) 	Contractors. Those persons specifically engaged for the limited
purpose of making copies of documents or organizing or processing
documents, 	including 	outside 	vendors 	hired 	to 	process
electronically stored documents;
(6) 	Consultants and Experts. Consultants, investigators, or experts
employed by the parties or counsel for the parties to assist in the
preparation and trial of this action but only after such persons have
completed 	the 	certification 	contained 	in 	Attachment A,
Acknowledgment of Understanding and Agreement to Be Bound;
(7) 	Witnesses at Depositions. During their depositions, witnesses in
this action to whom disclosure is reasonably necessary. Witnesses
shall not retain a copy of documents containing Confidential
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Information, except witnesses may review a copy of all exhibits
marked at their depositions in connection with review of the
transcripts.
(8) 	Author or Recipient. The author or recipient of the document (not
including a person who received the document in the course of
litigation); and
(9) 	Others by Consent. Other persons only by written consent of the
producing party or upon order of the Court and on such conditions
as may be agreed or ordered.
(c) 	Control 	of 	Documents. 	Counsel 	for 	the 	parties 	shall 	make
reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential
Information. 	Counsel shall maintain the originals of the forms signed by persons
acknowledging their obligations under this Order for a period of three years after the
termination of the case.
6. 	Inadvertent Failure to Designate. An inadvertent failure to designate a
document as Confidential Information does not, standing alone, waive the right to so
designate the document. If a party designates a document as Confidential Information
after it was initially produced, the receiving party, on notification of the designation, must
make a reasonable effort to assure that the document is treated in accordance with the
provisions of this Order. 	Moreover, all documents provided by the parties to this
litigation that the other party should reasonably understand to be confidential based on
content 	and 	reasonable 	discretion, 	shall 	continue 	to 	be 	treated 	as 	Confidential
Information subject to the terms of this Order until the Court orders otherwise, including
the time in which any party seeks a Court determination that any document is not
Confidential Information.
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7. 	Filing of Confidential Information. 	This Order does not, by itself,
authorize the filing of any document under seal. Any party wishing to file a document
designated as Confidential Information in connection with a motion, brief or other
submission to the Court must comply with State and Local Rules.
8. 	No Greater Protection of Specific Documents. 	Except on privilege
grounds not addressed by this Order, no party may withhold information from discovery
on the ground that it requires protection greater than that afforded by this Order unless
the party moves for an order providing such special protection.
9. 	Challenges by a Party to Designation as Confidential Information. The
designation of any material or document as Confidential Information is subject to
challenge by any party. The following procedure shall apply to any such challenge.
(a) 	Meet 	and 	Confer. 	A 	party 	challenging 	the 	designation 	of
Confidential Information must do so in good faith and must begin the process by
conferring directly with counsel for the designating party. In conferring, the challenging
party must explain the basis for its belief that the confidentiality designation was not
proper and must give the designating party an opportunity to review the designated
material, to reconsider the designation, and, if no change in designation is offered, to
explain the basis for the designation. The designating party shall promptly respond to
the challenge.
(b) 	Judicial 	Intervention. 	A 	party 	that 	elects 	to 	challenge 	a
confidentiality designation may file and serve a motion that identifies the challenged
material and sets forth in detail the basis for the challenge. Each such motion must be
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accompanied by a competent declaration that affirms that the movant has complied with
the meet and confer requirements of this procedure. The burden of persuasion in any
such challenge proceeding shall be on the designating party. Until the Court rules on the
challenge, all parties shall continue to treat the materials as Confidential Information
under the terms of this Order.
10. 	Action by the Court. Applications to the Court for an order relating to
materials or documents designated Confidential Information shall be by motion. Nothing
in this Order or any action or agreement of a party under this Order limits the Court’s
power to make orders concerning the disclosure of documents produced in discovery or
at trial.
11. 	Use of Confidential Documents or Information at Trial. Nothing in this
Order shall be construed to affect the use of any document, material, or information at
any trial or hearing. A party that intends to present or that anticipates that another party
may present Confidential information at a hearing or trial shall bring that issue to the
Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing
the Confidential Information. The Court may thereafter make such orders as are
necessary to govern the use of such documents or information at trial.
12. 	Confidential Information Subpoenaed or Ordered Produced in Other
Litigation.
(a) 	If a receiving party is served with a subpoena or an order issued in
other litigation that would compel disclosure of any material or document designated in
this action as Confidential Information, the receiving party must so notify the designating
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party, in writing, immediately and in no event more than three court days after receiving
the subpoena or order. Such notification must include a copy of the subpoena or court
order.
(b) 	The receiving party also must immediately inform in writing the
party who caused the subpoena or order to issue in the other litigation that some or all of
the material covered by the subpoena or order is the subject of this Order. In addition,
the receiving party must deliver a copy of this Order promptly to the party in the other
action that caused the subpoena to issue.
(c) 	The purpose of imposing these duties is to alert the interested
persons to the existence of this Order and to afford the designating party in this case an
opportunity to try to protect its Confidential Information in the court from which the
subpoena or order issued. The designating party shall bear the burden and the expense
of seeking protection in that court of its Confidential Information, and nothing 	in these
provisions should be construed as authorizing or encouraging a receiving party in this
action to disobey a lawful directive from another court. The obligations set forth in this
paragraph remain in effect while the party has in its possession, custody or control
Confidential Information by the other party to this case.
13. 	Obligations on Conclusion of Litigation.
(a) 	Order Continues in Force. Unless otherwise agreed or ordered, this
Order shall remain in force after dismissal or entry of final judgment not subject to further
appeal.
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(b) 	Obligations at Conclusion of Litigation. Within sixty-three days
after dismissal or entry of final judgment not subject to further appeal, all Confidential
Information and documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” under this Order, including copies as defined in ¶ 3(a), shall be returned to the
producing party unless: (1) the document has been offered into evidence or filed without
restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in
lieu of return; or (3) as to documents bearing the notations, summations, or other mental
impressions of the receiving party, that party elects to destroy the documents and certifies
to the producing party that it has done so.
(c) 	Retention of Work Product and one set of Filed Documents.
Notwithstanding the above requirements to return or destroy documents, counsel may
retain (1) attorney work product, including an index that refers or relates to designated
Confidential Information so long as that work product does not duplicate verbatim
substantial portions of Confidential Information, and (2) one complete set of all
documents filed 	with 	the 	Court 	including 	those 	filed 	under 	seal. 	Any 	retained
Confidential Information shall continue to be protected under this Order. An attorney
may use his or her work product in subsequent litigation, provided that its use does not
disclose or use Confidential Information.
14. 	Order Subject to Modification. This Order shall be subject to modification
by the Court on its own initiative or on motion of a party or any other person with
standing concerning the subject matter.
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15. 	No Prior Judicial Determination. 	This Order is entered based on the
representations and agreements of the parties and for the purpose of facilitating
discovery. Nothing herein shall be construed or presented as a judicial determination
that any document or material designated Confidential Information by counsel or the
parties is entitled to protection under Local and Federal Rules of Civil Procedure or
otherwise until such time as the Court may rule on a specific document or issue.
16. 	Persons Bound. This Order shall take effect when entered and shall be
binding upon all counsel of record and their law firms, the parties, and persons made
subject to this Order by its terms.
IT IS SO ORDERED.
DATED: 	March 18, 2026
s/ Nancy J. Rosenstengel
NANCY J. ROSENSTENGEL
United States District Judge
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