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Crotty v. Windjammer Village of Little River

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

March 14, 2017

ELIZABETH ANN CROTTY and JAMES KENNETH ORZECH, Plaintiffs,
v.
WINDJAMMER VILLAGE OF LITTLE RIVER, SOUTH CAROLINA, PROPERTY OWNERS' ASSOCIATION, INC, Defendants.

          CONFIDENTIALITY ORDER

          Thomas E. Rogers, III United States Magistrate Judge.

         Whereas the court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties. the public, and the court; accordingly, it is this 14th day of March, 2017 ORDERED:

         1. Scope.

         In a separate order (Document # 34) filed herewith, the court has compelled the production of certain medical and financial information and/or documents in response to Interrogatories 1 and 2 to Plaintiff Crotty, Requests for Production 3-6 to Plaintiff Crotty and Requests for Production 1 and 5 to Plaintiff Orzech, which shall be subject to this order concerning the confidentiality of such documents.

         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.

         3. Documents Which May be Designated Confidential.

         The medical and financial documents produced in response to Interrogatories 1 and 2 to Plaintiff Crotty, Requests for Production 3-6 to Plaintiff Crotty and Requests for Production 1 and 5 to Plaintiff Orzech pursuant to the order referenced above (Document # 34) may be designated confidential.

         4. Depositions.

         Portions of depositions shall be deemed confidential only if designated as such when the deposition is taken or within seven business days after receipt of the transcript. Such designation shall be specific as to the portions to be protected.

         5. 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 (¶ 5.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).

         b. Limited Third Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any documents designated CONFIDENTIAL under the terms of this Order to any other person or entity except as set forth in subparagraphs (1)-(5) below, and then only after the person to whom disclosure is to be made has executed an acknowledgment (in the form set forth at Attachment A 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 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[1];
(3) court reporters engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents;
(4) consultants, investigators, or experts (hereinafter referred to collectively as “experts”) employed by the parties or counsel for the parties to assist in the preparation and trial of the lawsuit; and
(5) other persons only upon consent of the producing party or upon order of the court and on such conditions as are agreed to or ordered.

         c. Control of Documents. Counsel for Defendant and the pro se Plaintiffs shall take reasonable efforts to prevent unauthorized disclosure of documents designated as Confidential pursuant to the terms of this order. Counsel and pro se Plaintiffs shall maintain a record of those persons, including employees of counsel, who have reviewed or been given access to the documents along ...


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