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Epstein v. World Acceptance Corporation

United States District Court, D. South Carolina, Greenville Division

February 19, 2016

EDNA SELAN EPSTEIN, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
v.
WORLD ACCEPTANCE CORPORATION, A. ALEXANDER MCLEAN, III, JOHN L. CALMES, JR., KELLY M. MALSON and MARK ROLAND, Defendants.

CONSENT CONFIDENTIALITY ORDER

MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

WHEREAS, the parties to this Consent Confidentiality Order (“parties”), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is, ORDERED:

1. Scope.

All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery (hereinafter collectively “documents”) shall be subject to this Order concerning confidential information as set forth below. Any person or entity who produces any documents, and any person or entity who generated any documents or created or provided any information that is contained in any documents, shall be referred to herein as a “Producing Party.”

2. Form and Timing of Designation.

Confidential documents shall be so designated by placing or affixing the word “CONFIDENTIAL” on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the Confidential designation. Documents shall be designated CONFIDENTIAL prior to, or contemporaneously with, the production or disclosure of the documents. Inadvertent or unintentional production of documents without prior designation as confidential shall not be deemed a waiver, in whole or in part, of the right to designate documents as confidential as otherwise allowed by this Order. In the event a party or non-party inadvertently produces materials which should have been, but were not, marked CONFIDENTIAL, the party or non-party may designate such materials as CONFIDENTIAL by notifying counsel of the error, and producing the documents again, with the CONFIDENTIAL designation, prior to the expiration of the discovery deadline set by the Court. The parties will then treat those documents so marked as if they had been marked CONFIDENTIAL when first produced.

3. Documents Which May be Designated Confidential.

Any party or non-party may designate documents as confidential but only after review of the documents by an attorney[1]who has, in good faith, determined that the documents contain information protected from disclosure by statute, sensitive personal information, trade secrets, or confidential research, development, or commercial information. The certification shall be made concurrently with the disclosure of the documents, using the form attached hereto at Attachment A which shall be executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure. Information or documents which are available in the public sector may not be designated as confidential.

4. Depositions.

Portions of depositions or other pretrial testimony shall be deemed confidential only if (i) designated as such by counsel on the record when the deposition is taken or (ii) by written notice, sent by such counsel to all parties within thirty (30) days after receiving a copy of the transcript thereof, or at the time errata sheets for such transcripts are provided to the court reporter, whichever occurs earlier; and in both of the foregoing instances, by directing the court reporter that the appropriate confidential legend be affixed to the first page and all portions of the original and all copies of the transcript containing any Confidential documents. Such designation shall be specific as to the portions to be protected. All depositions shall be treated in their entirety as Confidential for a period of thirty (30) days after receipt of the transcript.

5. Confidential Documents Produced by Non-Party.

In the case of documents produced by a non-party that were not designated as confidential by the non-party that produced them, any Party may designate the documents as containing Confidential information by (i) placing the appropriate legend on each page containing Confidential documents after receiving the production from the non-party or the Party who directly receives the production from the non-party; or (ii) identifying in an e-mail, by bates number, the documents to be treated as Confidential documents. The designating party shall comply with the certification requirement in paragraph 3.

6. Protection of Confidential Material.

a. General Protections.

Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties or counsel for the parties or any other persons identified below (¶6.b) for any purposes whatsoever other than preparing for and conducting the litigation in which the documents were disclosed (including any appeal of that litigation). The parties shall not disclose 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.

b. Limited Third Party Disclosures of Confidential Documents.

The parties and counsel for the parties shall not disclose or describe, or permit the disclosure or description, in whole or in part, of any documents designated CONFIDENTIAL under the terms of this Order to any other person or entity except as set forth in subparagraphs (1)-(8) below. Prior to disclosure, those listed in subparagraphs (2), (4), (5), and (7) must have executed an acknowledgment (in the form set forth at Attachment B hereto), that he or she has read and understands the terms of this Order and is bound by it. Subject to these requirements, the following categories of persons may be allowed to review documents which have been designated CONFIDENTIAL pursuant to this Order:

(1) counsel and employees of counsel for the parties who have responsibility for the preparation and trial of the lawsuit;
(2) parties and employees of a party to this Order, including outside administrators that perform regular activities for that party, but only to the extent counsel shall certify that the specifically named individual party or employee’s assistance is necessary to the conduct of the litigation in which the information is disclosed[2];
(3) witnesses or deponents and their counsel, during the course of or, to the extent necessary, in preparation for depositions or testimony in the Litigation;
(4) court reporters engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents;
(5) consultants, investigators, or experts (hereinafter referred to collectively as “experts”), including their staff and others who are assisting experts in preparing for their deposition(s), retained by the parties or counsel for the parties to assist in the preparation and trial of the lawsuit;
(6) the author, addressee, or recipient of the documents;
(7) professional vendors to whom disclosure is reasonably necessary for the Action, including, but not limited to, outside copying vendors ...

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