United States District Court, D. South Carolina, Greenville Division
GEIGER LEWIS, UNITED STATES DISTRICT 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 9th day of November, 2017, 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.
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
[optional: 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 this Order.
3. Documents Which May be Designated
Confidential. Any 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.
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.
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 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
(1) counsel and employees of counsel for the parties who have
responsibility for the preparation and trial of the lawsuit;
Control of Documents.
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;
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.
Copies. All copies, duplicates, extracts,
summaries or descriptions (hereinafter referred to
collectively as “copies”), of documents
designated as Confidential under this Order or any portion of
such a document, shall be immediately affixed with the
designation “CONFIDENTIAL” if the word does not
already appear on the copy. All such copies shall be afforded
the full protection of this Order.
Filing of Confidential Materials.
Greater Protection of Specific Documents. No
party may withhold information from discovery on the ground
that it requires protection greater than that afforded by
this Order unless the ...