Bombe v. Lapeer County Community Mental Health et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TINA BOMBE, dba PATIENT CENTERED
BEHAVIORAL STAFFING, LLC,
Case No. 24-cv-12793
Honorable Terrence G. Berg
Plaintiff,
v.
LAPEER COUNTY COMMUNITY
MENTAL HEALTH and BROOKE
SANKIEWICZ,
Defendants.
KEITH D. FLYNN (P74192)
YVONNE E. TIRAKIAN (P86598)
MILLER COHEN PLC
Attorneys for Plaintiff
7700 Second Avenue, Suite 335
Detroit, MI 482020
(313) 964-4454
kflynn@millercohen.com
ytirakian@millercohen.com
JAMES R. ACHO (P62175)
CUMMINGS, MCCLOREY, DAVIS
& ACHO, PLC
Attorneys for Defendants
17436 College Parkway
Livonia, MI 48152
(734) 261-2400 / (734) 261-4510 fax
jacho@cmda-law.com
STIPULATED PROTECTIVE ORDER
At a session of said Court, held in
the City of Detroit, Eastern District of
Michigan, Southern Division on: _______________
PRESENT: HON.
ELIZABETH A. STAFFORD
UNITED STATES MAGISTRATE JUDGE
This matter having come before the Court, upon stipulation of the parties, and
the Court being otherwise fully advised in the premises;
Elizabeth A. Stafford
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IT IS HEREBY STIPULATED AND AGREED that the Court may enter
the following Stipulated Protective Order governing documents produced and
deposition testimony provided in this action. Pursuant to the Court’s authority
under MCR 2.302(C), the parties agree as follows:
1. 	Applicability of this Protective Order. This Protective Order shall
govern all documents and information produced by any party and/or any third-
party during discovery in this action and either initially or subsequently designated
as “Confidential Materials” as defined in paragraph 2 below and pursuant to the
terms of this Protective Order. This Protective Order does not apply to documents
and information obtained by means other than through discovery in this action,
including, but not limited to, documents that are in the public domain.
2. 	Use of Confidential Materials Produced Pursuant to this Protective
Order. Documents produced or exchanged in discovery in this case and
specifically, designated as by a party or third party as “Confidential;”
“Confidential – Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective
Order” pursuant to the terms of this Protective Order (hereafter collectively
referred to as “Confidential Materials”) shall not be made available to any person
or entity except as authorized under this Protective Order.
3. 	Confidential Materials Specifically Covered by this Protective Order.
The specific documents being produced under this Protective Order consist of: 1)
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five (5) unredacted consumer charts, together with all constituent pages, images,
attachments, and all copies, notes, summaries, excerpts, compilations, deposition
testimony, exhibits, and other materials that reproduce, reflect, or disclose their
contents, previously produced in conjunction with Defendant’s Third Supplemental
Objections and Responses to Plaintiff’s First Request for Production of Documents
and identified as: (a) Attachment 3 - Chart No. 1 (BS 001935-001996); (b)
Attachment 4 - Chart No. 2 (BS 001997-002092); (c) Attachment 5 - Chart No. 3
(BS 002093-002156); (d) Attachment 6 - Chart No. 4 (BS 002157-002238); and,
(e) Attachment 7 - Chart No. 5 (BS 002239-002392); and, an excel spreadsheet
with approximately 4,848 data entries – by or involving Plaintiff Bombe – from
Defendants’ electronic health record database.
4. 	“Designating Party.” Documents specifically covered under this
Protective Order, as detailed in Paragraph 3 above, shall be used solely for the
purpose of litigating this case, including any appeal, and shall not be used or
disclosed to any other person or entity for any other use or purpose, unless
otherwise agreed to in writing by the Designating Party (hereinafter defined) or so
ordered by a court. For purposes of this Protective Order, the party or third-party
designating documents as Confidential Materials is defined as the “Designating
Party.” Nothing contained in this Protective Order shall affect the right of a
Designating Party to disclose or use his/her/its own Confidential Materials for any
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purpose.
5. 	Confidential Materials Designation. A Designating Party may
designate Confidential Materials as “Confidential;” “Confidential – Attorneys’
Eyes Only;” or, “Confidential – Subject to Protective Order” including any
document or information that he/she/it produces in discovery or that he/she/it files
with the Court in this action containing private confidential, proprietary and/or
trade secret information that is so sensitive that disclosure of such documents to
employees of other parties who are not attorneys involved in the course of this
litigation could negatively impact the business or competitiveness of the
Designating Party. The designation of any Confidential Materials as
“Confidential;” “Confidential – Attorneys’ Eyes Only;” or, “Confidential –
Subject to Protective Order” shall be made in good faith and (1) not to impose
burden or delay on an opposing party, or (2) not for any tactical or other advantage
in litigation. Further, each party shall avoid, as much as possible, the inclusion of
Confidential Materials in briefs and other captioned documents filed in court, in
order to minimize potential sealing and designating such Confidential Materials as
“Confidential;” “Confidential – Attorneys’ Eyes Only;” or, “Confidential –
Subject to Protective Order.”
6. 	Marking Confidential Materials by a Producing Party. Confidential
Materials shall be designated and marked as follows:
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(a) 	A document shall be designated as Confidential Materials, by
stamping, writing or application of a watermark that indicates the
document is protected pursuant to this Order as “Confidential;”
“Confidential – Attorneys’ Eyes Only;” or, “Confidential –
Subject to Protective Order,” on each page that contains
information that the Designating Party claims to be Confidential
Materials.
(b) 	Information or materials produced in an electronic medium (such
as CD, DVD, external hard drive, flash drive and/or thumb drive)
shall be designated as Confidential Materials by marking or
labeling the medium container with “Confidential;” “Confidential
– Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective
Order.” If any person or entity who receives designated electronic
medium prints or otherwise transfers to another medium any of the
information contained on the electronic medium, any resulting
document or other medium shall be marked by that person or entity
as Confidential Materials in accordance with subsection 5(a),
above or this subsection 5(b).
(c) 	A physical exhibit to be filed with the Court shall be designated as
Confidential Materials in accordance with and specified in section
5(a), above.
(d) 	Whenever a deposition involves a disclosure of materials or
information that any party asserts should be designated as
Confidential Materials, the deposition shall be so designated in
accordance with this Protective Order. Such designation shall be
made at the deposition and/or within 10 days after the Designating
Party has received the written copy of the deposition transcript
from the court reporter. During the deposition, the Designating
Party shall have the right to exclude from attendance all persons
other than those permitted to view the information pursuant to the
terms of this Protective Order. Prior to providing any Confidential
Materials to a deponent, counsel for the Designating Party shall
provide that deponent with a copy of this Protective Order and the
deponent shall agree, in writing, to be bound hereunder prior to
such disclosure or use. In the event a deponent refuses to be bound
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by this Protective Order, any Confidential Materials used as an
exhibit during the deposition and the portions of the transcript
containing testimony regarding the Confidential Materials shall be
maintained separately by the court reporting service and may only
be reviewed by that deponent at the court reporting service’s
office.
7. 	Designating and Marking Confidential Materials Produced by a
Third Party. Documents produced by a third party may be designated
“Confidential;” “Confidential – Attorneys’ Eyes Only;” or, “Confidential –
Subject to Protective Order,” by that third party or by any party within 10 days
after that party’s receipt of the documents produced by the third party. The party or
third party designating the information as Confidential Materials shall do so in the
manner set forth in subsection 4(a). Until all parties have had possession of
documents produced by a third party for a period of 10 days, all parties shall treat
all documents produced by a third party as Confidential Materials. If the third party
does not so designate documents as Confidential Materials at the time of
production, and no party designates documents produced by a third party as
Confidential Materials within 10 days after receipt of such documents, any party
may treat such documents as not subject to the Protective Order, subject to
paragraph 6(d) of this Protective Order.
8. 	Inadvertent Failure to Designate or Mis-Designation. A party or
third party that mis-designates or inadvertently fails to designate a document as
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Confidential Materials shall have 20 days after learning of the inadvertent failure
or mistake to correct his/her/its failure or mistake. The correction shall be made in
writing and shall be accompanied by substitute copies of each document,
appropriately marked as “Confidential;” “Confidential – Attorneys’ Eyes Only;”
or, “Confidential – Subject to Protective Order,” in accordance with Section 5(a)
and 6 above. Within five days of receipt of the substitute copies, the receiving
party shall return or destroy the previously unmarked, or incorrectly marked,
documents and all copies thereof.
9. 	Disclosure of Confidential Materials Marked as “Confidential.”
Materials marked as “Confidential;” “Confidential – Attorneys’ Eyes Only;” or,
“Confidential – Subject to Protective Order,” shall not be disclosed by any person
who has received such Confidential Materials through discovery in this action to
any other person except to:
(a) 	Attorneys for the parties and in-house counsel and their
respective associates, paralegals, clerks, secretaries, and
employees involved in the conduct of this litigation.
(b) 	The parties and their respective past and present officers,
directors, and employees as counsel deems necessary for the
conduct of the litigation.
(c) 	Court reporters, videographers, and similar personnel
involved in the recording of deposition or trial testimony,
provided further that Confidential Materials filed with the
Court shall be requested to be sealed subject to release only
by order of the Court or agreement of counsel.
(d) 	Any facilitators mutually agreed upon by the parties or
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designated by the Court.
(e) 	Witnesses in depositions who may be asked to testify
concerning any of the documents containing Confidential
Materials, provided that any such questioning in deposition
must be conducted during a confidential portion of the
deposition, which will be bound separately.
(f) 	Outside experts and consultants retained by a party for the
purpose of offering an opinion or assisting as a retained
consultant in this litigation, and their respective clerks and
employees involved in assisting them in this litigation, to the
extent deemed necessary by counsel.
(g) 	Any person who was involved in the preparation of the
Confidential Materials or who lawfully received or reviewed
the Confidential Materials prior to the commencement of
this action or to whom the Confidential Materials had
previously been made readily available.
(h) 	Any other person with the prior written consent of the
Designating Party or pursuant to an order of the Court.
10. 	Affidavit Requirement re Disclosure of Confidential Materials.
Prior to providing any Confidential Materials to any person identified in
subsections e. through h. in Section 9 above, counsel of record shall provide such
person with a copy of this Protective Order and such person must agree, in writing,
to be bound hereunder prior to such disclosure or use by executing the Affidavit
attached hereto as Exhibit 1. Counsel of record for the party that provides any
Confidential Materials to any person identified in subsections e. through h. of
Section 9 above shall retain custody of the original executed Affidavit signed by
such person and shall provide a copy of the executed Affidavit to counsel of record
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for the opposing party within seven (7) days after receipt of the executed Affidavit.
11. 	Use of Confidential Materials by Designating Party. Nothing in this
Protective Order limits a party’s or third party’s ability to show documents which
that party has designated as Confidential Materials to whomever the Designating
Party may deem appropriate subject to the terms of the designation.
12. 	Protecting Confidential Materials. Each person who receives any
Confidential Materials shall exercise due and proper care, in connection with the
storage, custody, use, and dissemination of such documents, to avoid any
accidental or inadvertent disclosure to persons to whom disclosure is not permitted
under this Protective Order.
13. 	Challenging Designation of Confidential Materials. Any party may
file a motion for an order that a) certain Confidential Materials designated as
“Confidential;” “Confidential – Attorneys’ Eyes Only;” or, “Confidential –
Subject to Protective Order.” is not, in fact, confidential, proprietary or trade
secret information, and/or b) certain documents designated as Confidential
Materials does not, in fact, contain information that is so sensitive that disclosure
of such information to employees of other parties who are not attorneys involved in
the conduct of this litigation could negatively impact the business or
competitiveness of the Designating Party. On such a motion, the party asserting
confidentiality shall have the burden of proving that the Confidential Materials in
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question are protectable and properly designated as “Confidential;” “Confidential
– Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective Order.”
Nothing in this Protective Order shall prevent a party from filing a Motion for
Modification of the Protective Order. A party may challenge the other party’s
designation of documents produced herein as “Confidential;” “Confidential –
Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective Order,” by
serving a written objection upon the Designating Party. The Designating Party
shall notify the challenging party in writing of the bases for the asserted
designation within ten (10) days after receiving any written objection. The parties
shall conduct a good faith meet and confer as to the validity of the designation
within 10 days after the challenging party has received the notice of the bases for
the asserted designation. To the extent the parties are unable to reach an agreement
as to the designation, the objecting party may make an appropriate motion. Until
such time as the court renders a decision on such dispute, the disputed documents
shall be treated as Confidential Materials.
14. 	Submitting Confidential Materials to the Court or Discovery
Referee. All Confidential Materials or pleadings revealing the contents of
Confidential Materials provided to the Court or filed with the Clerk of the Court in
this action shall be filed under seal in accordance with the applicable provisions of
the Eastern District of Michigan – Southern Division Rules including, without
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limitation, LR 5.3: Civil Material Filed Under Seal. [The Court strikes this
paragraph because the wording that Confidential Material “shall be filed
under seal” conflicts with E.D. Mich. LR 5.3 and case law indicating that
documents marked as confidential for discovery purposes may be ineligible
for sealing because of the strong presumption of openness for court records.
A party relying on confidential documents must follow the procedure set forth
in ¶ 18].
15. 	Preservation of Designation of Confidential Materials at Hearing or
Trial At any hearing or trial relating to this matter, subject to the rules of evidence
and any Order of this Court, any party moving for the admission of Confidential
Materials shall take all reasonable steps to maintain the confidential designation in
accordance with the applicable provisions of LR 5.3: Civil Material Filed Under
Seal, at the time of admission. The parties may request that attendance at those
portions of the trial or any hearing held regarding the admissibility of said
Confidential Materials be restricted to court personnel and persons authorized to
receive disclosure by this Protective Order.
16. 	Improper Disclosure of Confidential Materials. In the event of any
accidental or inadvertent disclosure of Confidential Materials other than in a
manner authorized by this Protective Order, counsel shall immediately notify
counsel for the Designating Party and shall make all reasonable efforts to recover
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all such Confidential Materials. Compliance with the foregoing shall not prevent
the Designating Party from seeking further relief from the court.
17. 	Information Protected by Privilege, Work Product, or Other
Doctrine. This Protective Order is entered solely for the purpose of facilitating the
exchange of documents and information without involving the Court unnecessarily
in the process. Nothing in this Protective Order, or the producing of any documents
under the terms of this Protective Order, or any proceedings pursuant to this
Protective Order, shall be deemed to have the effect of an admission or waiver of
any privilege or work product or similar protection by any party, or altering the
confidentiality or non-confidentiality of any such documents, or altering any
existing obligation of any party or the absence thereof.
18. 	Sealing Confidential Materials Designated as “Confidential;”
“Confidential – Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective
Order.” If any motions or other papers to be filed with the Court incorporate
materials designated as “Confidential;” “Confidential – Attorneys’ Eyes Only;”
or, “Confidential – Subject to Protective Order,” the party filing the papers must
move to seal the designated materials under E.D. Mich. LR 5.3. The movant must
comply with Rule 5.3(b)(3)(v) and (vi) for filing redacted and unredacted versions
of the designated materials. If the movant is the party who has designated the
documents as “Confidential;” “Confidential – Attorneys’ Eyes Only;” or,
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“Confidential – Subject to Protective Order,” the movant’s brief must either (1)
show that the designated material may be sealed by statute or rule under Rule
5.3(a), or (2) provide, “for each proposed sealed exhibit or document, a detailed
analysis, with supporting evidence and legal citations, demonstrating that the
request to seal satisfies controlling legal authority.” Rule 5.3(b)(3)(iv). If the
movant is not the party who designated the materials as “Confidential;”
“Confidential – Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective
Order,” the party who made those designations must timely file a response brief
making those showings, and the movant may object to the filing of the documents
under seal in its timely filed reply brief. The deadlines for the response brief and
reply brief are as set forth in E.D. Mich. LR 7.1(e).
19. 	No Waiver. Nothing in this Protective Order shall affect or abridge the
rights of any party to seek judicial review or to pursue other appropriate judicial
action with respect to any ruling made by the Court pertaining to Confidential
Materials. Any objections as to the admissibility or authenticity of evidence
containing Confidential Materials are reserved and are not waived by any terms of
this Protective Order.
20. 	Return of Confidential Materials. Upon termination of this case and
the expiration of any rights of appeal, and upon request by the Designating Party,
counsel for the other parties shall, within thirty (30) days, assemble and return to
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the Designating Party all originals of materials designated as “Confidential;”
“Confidential – Attorneys’ Eyes Only;” or, “Confidential – Subject to Protective
Order,” by the Designating Party, and destroy all copies of the same, electronic or
otherwise, and will certify in writing that all such Confidential Materials and
copies have been returned or destroyed.
21. 	Violations of Protective Order. Any person violating this Protective
Order may be subject to appropriate sanctions imposed by the Court. Should any
party violate the terms of this Protective Order, and should legal action be
necessary as a result, the prevailing party may recover reasonable costs and
attorney’s fees.
22. 	Effective After Termination of Lawsuit. The terms of this Protective
Order shall survive, and remain in full force and effect, after termination of this
lawsuit, until the entry of final judgment (including any and all appellate
proceedings) in this case, whether by settlement or litigation, unless otherwise
ordered by the Court.
s/Elizabeth A. Stafford
HONORABLE ELIZABETH A. STAFFORD
UNITED STATES MAGISTRATE JUDGE
Approved as to Form;
Notice of Entry Waived:
Date: 	10/22/2025 	/s/ Yvonne E. Tirakian
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KEITH D. FLYNN (P74192)
YVONNE E. TIRAKIAN (P86598)
Attorneys for Plaintiff
Date: 	10/22/2025
JAMES R. ACHO (P62175)
Attorneys for Defendants
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EXHIBIT 1 TO STIPULATED
PROTECTIVE ORDER
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TINA BOMBE, dba PATIENT CENTERED
BEHAVIORAL STAFFING, LLC,
Case No. 24-cv-12793
Honorable Terrence G. Berg
Plaintiff,
v.
LAPEER COUNTY COMMUNITY
MENTAL HEALTH and BROOKE
SANKIEWICZ,
Defendants.
KEITH D. FLYNN (P74192)
YVONNE E. TIRAKIAN (P86598)
MILLER COHEN PLC
Attorneys for Plaintiff
7700 Second Avenue, Suite 335
Detroit, MI 482020
(313) 964-4454
kflynn@millercohen.com
ytirakian@millercohen.com
JAMES R. ACHO (P62175)
CUMMINGS, MCCLOREY, DAVIS
& ACHO, PLC
Attorneys for Defendants
17436 College Parkway
Livonia, MI 48152
(734) 261-2400 / (734) 261-4510 fax
jacho@cmda-law.com
AFFIDAVIT OF
STATE OF MICHIGAN )
)
COUNTY OF 	)
I, 	, 	being 	duly 	sworn 	and 	personally
appearing before the undersigned attesting officer, duly authorized by law to
administer oaths, deposes, and says that the within statements are true and correct:
1. 	I have read the Stipulated Protective Order attached hereto and I
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understand its terms and meanings.
2. 	I agree that my signature below submits me to the jurisdiction of the
United States District Court, Eastern District of Michigan, Southern Division in
which the action of Tina Bombe dba Patient Centered Behavioral Staffing, LLC v.
Lapeer County Community Mental Health and Brooke Sankiewicz, Case No. 24-cv-
12793 is pending, and binds me to the provisions of the Stipulated Protective Order,
including to all promises undertaken in the Order, as if originally agreed by me.
Signature: 	__________________________________
Print Name: __________________________________
Subscribed and sworn to before me
this _________ day of ___________, 20
___________________________________
Notary Public
___________ County, MI
My Commission Expires: ______________
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