United States District Court, D. South Carolina, Spartanburg Division
Charles J. Hodge, Esq. Hodge & Langley Law Firm, P.C.
Attorney for Plaintiff
D. Moseley, Jr. (Bar No. 64084) Robert T. Green (Bar No.
100308) Attorneys for Defendant
Honorable Mary Geiger Lewis U.S. District Judge
Dustin Andrews (hereinafter “Plaintiff”)
requested that Defendant FedEx Freight, Inc. (hereinafter
“FedEx”) produce documentary material in this
matter. FedEx subsequently asserted privilege and objected to
the release of its Driver's Manual (“the
Manual”) of it on the basis that such materials are
confidential and proprietary. Consequently, Plaintiff and
FedEx agreed to a consent protective order in this matter
that would allow the Plaintiff to obtain the Manual.
OF PROTECTIVE ORDER
purpose of this Protective Order is to facilitate the release
and/or use of the Manual, while protecting the
confidentiality of this material.
parties stipulate that the Manual is protected, and
therefore, the disclosure and use of that information shall
be conducted pursuant to the following conditions:
(1) Non-Disclosure Requirement: Except as
provided herein, neither the Manual nor any of the
information contained therein shall be disclosed or used by
anyone or by any entity for any purpose, without FedEx's
explicit written consent.
(A) Specifically Precluded Uses: It is
specifically understood and agreed that the Manual shall not
be used/disclosed for any data base, index, or similar
compilation maintained by any person or entity. It is
specifically understood and agreed, however, that the
foregoing shall not prohibit the Plaintiff or his attorney
from summarizing or compiling the Manual for use in the
instant matter only.
(B) Specifically Allowable Uses, Disclosures, and
Maintenance: It is specifically understood and
agreed that the Manual may be used, and/or disclosed, and/or
maintained, without FedEx's consent as may be required to
comply with state or federal laws/rules, and court,
arbitrator, or administrative order (including subpoenas
duces tecum), and in relation to any claim, litigation,
and/or proceeding arising out of the alleged injuries that
the Plaintiff sustained as a result of the incident that
occurred on June 5, 2015, (hereinafter “Subject
Incident”), including the following:
(1) for the subject case, including for evaluation,
investigation, negotiations, mediation, arbitration,
litigation, and/or claims handling;
(2) for subrogation and reimbursement matters concerning the
Subject Incident, such as subrogation or reimbursement clams
for workers' compensation liens, medical liens, or other
insurer's claims for subrogation, ...