United States District Court, D. South Carolina, Greenwood Division
L. Johnson, USDC ID No. 72014, The Z Firm, LLC, Attorney for
Hollins Lewis, USDC ID No. 7553, Randi Lynn Roberts, USDC ID
No. 12462, Lee Ellen Bagley, USDC ID No. 11453, Gaffney Lewis
& Edwards, LLC, Attorneys for Defendant.
CONSENT CONFIDENTIALITY ORDER
Geiger Lewis, United States Magistrate Judge.
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 this 28th day of March, 2017, ORDERED:
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.
Form and Timing of Designation.
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 except for documents produced for inspection
under the “Reading Room” provisions set forth in
paragraph 4 below. 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
Documents Which May be Designated Confidential.
party may designate documents as confidential but only after
review of the documents by an attorney 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.
order to facilitate timely disclosure of large numbers of
documents which may contain confidential documents, but which
have not yet been reviewed and marked, the following
“Reading Room” provisions may be utilized.
a. Documents may be produced for review at a party's
facility or other controlled location (“Reading
Room”), prior to designation as confidential. After
review of these documents, the party seeking discovery may
specify those for which further production is requested. The
producing party shall then copy the requested documents for
production. To the extent any of the requested documents
warrant a CONFIDENTIAL designation, the copies shall be so
marked prior to further production.
b. Unless otherwise agreed or ordered, copies of Reading Room
documents shall be requested within twenty days of review in
the Reading Room and shall be produced within thirty days
after the request is made.
c. The producing party shall maintain a log of persons who
have reviewed documents in the Reading Room and the dates and
time of their presence.
d. The production of documents for review within the confines
of a Reading Room shall not be deemed a waiver of any claim
of confidentiality, so long as the reviewing parties are
advised that the Reading Room production is pursuant to this
provision and that the Reading Room may contain confidential
materials which have not yet been marked as confidential.
e. Until such time as further production is made of documents
reviewed in a Reading Room, the reviewing party shall treat
all material reviewed as if it was marked CONFIDENTIAL at the
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
Protection of Confidential Material.
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
Limited Third Party Disclosures.
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 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 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;
(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