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Thrower v. Ford Motor Co.

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

September 20, 2017

Ralph Thrower as Personal Representative of the Estate of Shirley Thrower, Plaintiff,
v.
Ford Motor Company, TBC Retail Group, Inc. d/b/a NTB-National Tire and Battery, TBC Corporation d/b/a NTB-National Tire and Battery, and Sumitomo Corporation of America d/b/a NTB-National Tire and Battery, Defendants.

          STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

         In order to preserve and maintain the confidentiality of certain confidential, commercial and/or proprietary documents and information produced or to be produced by FORD MOTOR COMPANY (“Ford”) or by any party in this action, it is ordered that:

         1. Documents or information to be produced or provided by Ford or any party in this litigation that contain confidential, commercially sensitive, private personal information and/or proprietary information may be designated as confidential by marking or placing the applicable notice “Subject to Non-Sharing Protective Order, ” “Subject to Protective Order, ” or “Confidential, ” or substantially similar language on media containing the documents, on the document itself, or on a copy of the document, in such a way that it does not obscure the text or other content of the document.

         2. As used in this Order, the terms “documents” or “information” mean all written material, electronic data, videotapes and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, by secure electronic transmission, hard drive or otherwise).

         3. Documents or information designated as “Subject to Non-Sharing Protective Order, ” “Subject to Protective Order, ” or “Confidential” or substantially similar language in accordance with the provisions of this Order (“Protected Documents” or “Protected Information”) shall only be used, shown or disclosed as provided in this Order. However, nothing in this Order shall limit a party's use or disclosure of his or her own information designated as a Protected Document or Protected Information.

         4. If a receiving party disagrees with the “Protected” designation of any document or information, the party will notify the producing party in a written letter and identify the challenged document(s) with specificity, including Bates-number(s) where available, and the specific grounds for the objection to the designation. If the parties are unable to resolve the issue of confidentiality regarding the challenged document(s), Ford will thereafter timely apply to the Court to set a hearing for the purpose of establishing that the challenged document(s) or information is/are confidential. Protected Documents will continue to be treated as such pending determination by the Court as to the confidential status.

         5. Protected Documents and any copies thereof shall be maintained confidential by the persons authorized to receive the documents pursuant to paragraph 6 and shall be used only for prosecuting, defending, or attempting to settle this litigation, subject to the limitations set forth herein.

         6. Protected Documents shall be disclosed only to “Qualified Persons.” Qualified Persons are limited to:

a. Counsel of Record for the parties, and the parties;
b. Paralegals and staff employed by Counsel of Record and involved in the preparation and trial of this action;
c. A vendor hired by a party to host data and maintain a database of electronic data or perform other work related to the collection, review or production of documents in the case;
d. Experts and non-attorney consultants retained by the parties for the preparation and/or trial of this case, provided that no disclosure shall be made to any expert or consultant who is employed by a competitor of Ford;
e. The Court, the Court's staff, witnesses, and the jury in this case; and
f. With respect to documents designated as “Sharing” or “Subject to Protective Order, ” attorneys representing Plaintiff(s) and the experts and non-attorney consultants retained by such attorneys, in other cases pending against Ford involving a 1992-2014 Ford Econoline (E-150/E-250/E-350) completed extended van involved in a rollover collision and in which it is alleged that the front door latch system, handling and stability characteristics, and/or roof structure were defective, provided no disclosure shall be made to any expert or consultant who is employed by a competitor of Ford.

         7. The receiving party must make reasonable efforts to ensure the individuals described in paragraphs 6(b), 6(c), 6(d) and 6(f) above are Qualified Persons.

         8. Before receiving access to any Protected Document or the information contained therein, each person described in paragraphs 6(c), 6(d) and 6(f) above shall execute a “Written Assurance” in the form contained in Exhibit A, attached hereto. The receiving party shall retain each such executed Written Assurance and shall keep a list identifying (a) all persons described in paragraphs 6(c), 6(d) and 6(f) above to whom Protected Documents have been disclosed, and (b) all Protected Documents disclosed to such persons. Executed written assurances by those individuals described in paragraph 6 shall be maintained by Counsel of Record for the Parties. Each such executed Written Assurance and list shall be submitted to counsel for Ford, upon request, at the termination of this litigation or upon Order of the Court requiring production, whichever comes first. However, for consulting experts who were not designated as testifying experts, the receiving party may redact the name, address, and signature of the consultant before disclosing the executed Exhibit A and document list for that person. To the extent the “Qualified Persons” described in paragraph 6(d) and 6(f) above include privileged non-testifying expert consultants, the receiving party shall retain each such executed Exhibit A and shall keep a list identifying (a) all such non-testifying expert consultants described in paragraphs 6(d) and 6(f) above to whom Protected Documents have been disclosed, and (b) all Protected ...


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