7/9/201 8 11:38 AM Scanned

STATE OF INDIANA ) GREENE COUNTY SUPERIOR COURT l

) SS: CIVIL DIVISION

COUNTY OF GREENE ) CAUSE NO. 28D01-l7l2-PL-000031

BRIAN L. SPARKS,

Plaintiff,

vs.

UTILITIES DISTRICT OF WESTERN

INDIANA RURAL ELECTRIC MEMBERSHIP
CORPORATION

Defendant.
VVVVVVVVVVVVVVVVVVVVVVV

WESTERN
UTILITIES DISTRICT OF
INDIANA RURAL ELECTRIC MEMBERSHIP
CORPORATION,

Counterclaim Plaintiff,

VS.

BRIAN L. SPARKS,

Counterclaim Defendant.

AGREED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT

Pursuant to Rule 26 ofthe Indiana Rules of Trial Procedure, and for good cause shown,

Plaintiff/Counterclaim Defendant, Brian L. Sparks (“Sparks”) and Defendant/Counterclaim

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

information, methods, processes and systems, proprietary, personal, or private information,

information protected by agreements with third parties, and information protected by the Health

Insurance Portability and Accountability Act (“HIPAA”) or the Gramm-Leach-Bliley Act

(“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

damage to the producing party, all of which is hereinafter referred to as “Confidential

Information”. This Agreed Protective Order pertains to the above-captioned matter, Cause No.

28D01 -l712-PL-000031 only (“Litigation”).

Crowds for and Scope of this Protective Order

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.

2. This Agreed Protective Order is intended t0 preserve and maintain the

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

to this Litigation, imposes obligations on persons receiving Confidential Information t0 protect it

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

anyone or unduly burden the Court.

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

Order as specifically designated thereunder by the Parties.

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

“trade secret” within the meaning of any federal 0r state law.

7. Confidential Information produced in this Litigation shall not be exhibited,

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

Agreed Protective Order.

 8. HIPAA, 45 C.F.R. § 165.5 12(e)(v)(A), expressly “[p]rohibits the parties from using

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

conclusion 0fthe Litigation, except as provided in paragraph l 1.

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

use 0r disclosure of protected health information.

Methods 0f Confidential Designation and Disclosure Restrictions

10. The Parties shall have the right t0 identify and designate documents and other

materials, including electronically stored information, deemed t0 consist of Confidential

Information as "CONFIDENTIAL" or "CONFIDENTIAL — FOR ATTORNEYS’ EYES

ONLY.” A designation of“CONFIDENTlAL” or "CONFIDENTIAL —- FOR ATTORNEYS’

EYES ONLY” on any part ofa document shall be understood to be a designation of the entire

document. A designation of“CONFIDENT[AL" or "CONFIDENTIAL — FOR ATTORNEYS’

EYES ONLY” on a computer disk shall apply to all forms ofthe documents on the disk. In lieu

of marking the original ofa document 0r other material “CONFIDENTIAL" or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” prior to inspection, the producing

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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

material delivered to the inspecting party’s counsel must be marked “CONFIDENTIAL” or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” as required by this Agreed Protective

Order, at the time it is so delivered. Written discovery responses, such as to interrogatories 0r

request for admission, that are determined by a Party to be “CONFIDENTIAL” or

“CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” shall be prefaced with the mark of

“CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” and all pages

that contain such Confidential Information shall bear the same designation accordingly.

l l. Confidential Information designated as “CONFIDENTIAL” may be disclosed

and/or shown by the receiving party O_nly t0 the following persons:

(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

as each such employee has signed the Certificate attached as Exhibit A;

(b) counsel employed by the receiving party to assist in the Litigation; the

attorneys, paralegals, assistants and stenographic and clerical employees in

the respective law firms of such counsel; the personnel supplied by any

independent contractor (including litigation support service personnel)

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

respective legal departments of such in-house counsel;

(c) subject to paragraph 12 below, any consultant or expert, whether paid or

unpaid, who is not a'party, 0r otherwise affiliated with the parties in any

way and who is assisting counsel and to whom it is necessary to disclose

material designated as “CONFIDENTIAL” for the purpose of assisting in,

or consulting with respect to, the preparation of this Litigation (“Expert

Witnesses"), provided, however, that prior to any disclosure to Expert

Witnesses, shall execute Exhibit A;

(d) the Court and any members of its staffto whom it is necessary to disclose

material designated as “CONFIDENTIAL” for the purposes 0f assisting

the Court in this Litigation; and

(e) stenographic employees and court reporters recording or transcribing

testimony relating to this Litigation.

12. Except as provided below, Confidential Information designated as

“CONFIDENTIAL - FOR ATTORNEYS’ EYES ONLY” shall m be produced and disclosed

to those individuals set forth in paragraph 1 1(b), l 1(c), l I(d) and l 1(6) above. Counsel to whom

Confidential Information designated as “CONFIDENTIAL — FOR ATTORNEYS’ EYES

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

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY”.

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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.

14. In the event a dispute arises regarding a “CONFIDENTIAL” OR

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” designation, the parties agree to

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

designated material in question shall continue to be treated as “CONFIDENTIAL" OR

“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

application to the Court.

15. (a) Persons having access to Confidential Information by virtue oftheir

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

such Confidential Information for any other purpose.

(b) Persons having access to Confidential Information by virtue oftheir participation

in this Litigation shall not disclose such Confidential Information designated as

“CONFIDENTIAL” to any person who is not listed in paragraph l l, except as may be provided

in subsequent paragraphs of this Agreed Protective Order.

(c) Counsel t0 whom Confidential Information designated as “CONFIDENTIAL”

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.

Further, when Counsel, who are in possession of Confidential Information designated as

“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

Exhibit A which shall be kept and maintained at Counsel’s office.

‘

(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

and conditions set forth in this Agreed Protective Order.

l6. No copies shall be made of any materials designated as “CONFIDENTIAL" or

“CONFIDENTIAL — FOR ATFORNEYS’ EYES ONLY” except by or on behalfof counsel for

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

designated as “CONFIDENTIAL” or “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY,”

projections utilizing or incorporating all or part ofthe materials designated as

“CONFIDENTIAL" or CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY,” computer

readable records of all or part ofthe materials designated as “CONFIDENTIAL” or

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“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY," 0r any other duplication of all or part

of the materials designated as “CONFIDENTIAL" or “CONFIDENTIAL — FOR ATTORNEYS’

EYES ONLY.”

17. Nothing shall prevent disclosure beyond the terms ofthis Agreed Protective Order

ifthe party designating the material as “CONFIDENTIAL” or “CONFIDENTIAL — FOR

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

disclosing information which:

(a) was lawfully in that person’s possession and not under obligation of

secrecy with respect to such information prior to receipt of such

information from a producing party; or

(b) was or is hereafter lawfully obtained from a source or sources other than

the producing party or any person under an obligation of secrecy.

Handling of Confidential Information Referenced in Degositions

l9. Deposition testimony may be designated as “CONFIDENTIAL” or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY" by either ofthe following means:

 (a) stating orally on the record ofthe deposition that certain information or

testimony is “CONFIDENTIAL” or “CONFIDENTIAL — FOR

ATTORNEYS’ EYES ONLY," or where reasonably appropriate under the

circumstances that the entire deposition transcript is so designated; 0r

(b) sending written notice within twenty (20) days of receipt of the transcript

ofthe deposition designating all 0r a portion ofthe transcript as

“CONFIDENTIAL” or “CONFIDENTIAL — FOR ATTORNEYS’ EYES

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

possession, custody 0r control.

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”

or “CONFIDENTIAL — FOR ATFORNEYS’ EYES ONLY” on the record, the stenographic

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

designates the Confidential Information to be “CONFIDENTIAL” 0r “CONFIDENTIAL — FOR

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

Confidential Information designated as “CONFIDENTIAL” shall be taken only in the presence

ofthe named parties, counsel for the parties, the Court or the stenographic reporter and those

persons identified in paragraph l 1.

(b) The deposition 0f any witness (or segment thereof) which contains

Confidential Information designated “CONFIDENTIAL — FOR ATTORNEYS’ EYE ONLY”

shall be taken only in the presence of counsel for the parties, the Court and/or the stenographic

reporter.

(c) The deposition of the named parties which contains Confidential

Information designated “CONFIDENTIAL — FOR ATTORNEYS’ EYE ONLY” shall be taken

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.

Use of Confidential Information With the Cow.

23. Should any Confidential Information designated as “CONFIDENTIAL” or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” be offered, cited to, referenced,

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

existing appeal rights therefrom have been exhausted.

24. All pleadings, depositions, briefs, memoranda, or other written materials

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

contains “CONFIDENTIAL” or “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” then

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.

25. To the extent “CONFIDENTIAL“ or “CONFIDENTIAL — FOR ATTORNEYS’

EYES ONLY,” documents are used as exhibits or attachments to any filing with the Court in this

Litigation, the party so using the “CONFIDENTIAL” or “CONFIDENTIAL — FOR

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

“CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER,” and a statement substantially in the

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

by, or upon order of, the Court.

26. In the event that Confidential Information designated as "CONFIDENTIAL" or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY" is informally presented to the Court,

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

under seal as set forth above or as otherwise directed by the Court.

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

Court’s pre-trial or pre-hearing filing deadlines.

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

and, in the course thereof, relying upon Confidential Information designated as

“CONFIDENTIAL” or “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY,” provided that

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

“CONFIDENTIAL” documents or information presented to and/or viewed by a party or its

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
I3
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

Court for consideration.

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

disclosed only in a designated manner.

3 1. The agreement ofthe Parties to this Agreed Protective Order shall not be

construed as an agreement or admission: (i) that any material or document designated as

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

authenticity, competency, relevance or materiality ofany document or thing designated as

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.

33. Any oversight in failing to designate material as “CONFIDENTIAL” or

CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY” at the time of production may be

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

14
provisions ofthis Agreed Protective Order, all documents, material 0r testimony so designated

shall be treated as ifthey had been initially designated as “CONFIDENTIAL" or

“CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY."

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

privilege concerning any such materials or the subject matter thereof.)

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

unauthorized person who received such information.

Effect of this Agreed Protective Order on Non-Parties

36. lfanother court or party to any administrative or governmental proceedings or

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

designating party a reasonable opportunity to object to the production pursuant thereto.

37. Records produced by a third or non-party or a non-party responding to a subpoena

in this Litigation shall be entitled, but is not required, to designate deposition testimony or

documents as “CONFIDENTIAL" or “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY”

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

15
serve in this cause a Certificate, in the form ofExhibit A.

Handling of Confidential Information at Conclusion of this Litigation

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

respect to issues arising out ofthis Agreed Protective Order.

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

Confidential Information produced by the parties, attached to motions, or marked as deposition

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

HIPAA, 45 C.F.R. § l65.512(e)(v)(B).

4 l. Notwithstanding the above, a party is not required t0 return or destroy any

Confidential Information that has been determined to be the property of such party and/or that

such party is entitled to retain.

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 The Parties and their respective counsel, hereby agree and stipulate to each of the terms

and conditions as set forth in the foregoing Agreed Protective Order.

/s/ Kristopher N. Kazmierczak /s/Michael Shultz {with permission)

Offer Korin, Atty. No. 14014-49
Kristopher N. Kazmierczak,
Atty. No. 19430-49
KATZ KORIN CUNNINGHAM, PC
334 North Senate Avenue
Indianapolis, IN 46204—1708
317-464-1 100; 3 7-464-1
l l
James Buddenbaum, Atty No. 20361-49
Michael Schultz, Atty. No. 20361-49
PARR RICHEY FRANDSEN PATTERSON
KRUSE LLP
25! N. Illinois Street, Suite 1800
Indianapolis, TN 46204
l l-fax 3 7-269-2500; 3 l 7-269-25 14 — fax
l

okorin@kkclegal.com jbuddenbaum@parrlaw.com
kkaz@kkclegal.com mschultz@parrlaw.com

Attorneysfor Plaintiff/Counter Defendant Attorneysfor Defendant/Counterclaim

Brian L. Sparks Plaintiff Utilities District of Western Indiana
Rural Electric Membership Corporation

Ryan P. Sink {with permission)

/s/

Ryan C. Fox, Atty. No. 21631-49

Ryan P. Sink, Atty. No. 27350-29
FOX WILLIAMS & SINK, LLC
6177 North College Ave.
Indianapolis, IN 46220
3 17-254-8500; 844-360-6324-fax
rfox@fwslegal.com
rsink@fwslegal.com

Attorneyfor Plainti/f/Counter Defendant

Brian L. Sparks

/ APPROVED, ORDERED, ADJUDGED AND DECREED

,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

Ryan Patrick Sink

rsink@fwslegal.com

18
 EXHIBIT A

CERTIFICATE OF CONSENT TO BE BOUND

BY PROTECTIVE ORDER

This is to certify that the undersigned has read and is fully familiar with the provisions of

the Agreed Protective Order governing confidentiality of Confidential Information dated

, 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

County, Indiana, as Cause No. 28D01-l712-PL-00003 1.

As a condition precedent to my examinations of any Confidential Information in

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

Name ofAffiliated Business Entity (ifany)

Title

Address: