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Accident Insurance Com. Inc v. U.S. Bank National Association

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

January 8, 2018

ACCIDENT INSURANCE COMPANY, INC., A SOUTH CAROLINA CORPORATION, Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION, and U.S. BANK TRUST NATIONAL ASSOCIATION, Defendants, U.S. BANK NATIONAL ASSOCIATION, Third-Party Plaintiff,
v.
SOUTHPORT LANE ADVISORS, SOUTHPORT SPECIALTY FINANCE, ADMINISTRATIVE AGENCY SERVICES, and ALEXANDER CHATFIELD BURNS, Third-Party Defendants.

          CONSENT CONFIDENTIALITY ORDER

          J. MICHELLE CHILDS UNITED STATES DISTRICT JUDGE

         Whereas, the parties to this Consent Confidentiality Order (“Parties” or, individually, a “Party”), [1] 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 8th day of January 2018, ORDERED:

         1. Scope. All documents, information, communications, and data 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 (“Documents”) shall be subject to this Order concerning confidential information as set forth below.

         2. Documents Which May be Designated Confidential. Any person or entity that produces documents in connection with this action may designate Documents as CONFIDENTIAL or HIGHLY CONFIDENTIAL, but only after review of the documents by an attorney[2] who certifies, in good faith, that the Documents contain information protected from disclosure in accordance with the definitions and procedures identified below (¶ 2(a) and (b)). The certification shall be made concurrently with the disclosure of the documents in the form attached hereto as Exhibit A.

         a. The “CONFIDENTIAL” designation means that the document contains information protected from disclosure by statute, sensitive personal information, sensitive business information, proprietary business information, trade secrets, or confidential research and development or other commercial information, or other information required by law or agreement to be kept confidential.

         b. The “HIGHLY CONFIDENTIAL” designation means that the document contains information or data disclosing documents related to (i) bank accounts belonging to Nonparties (including but not limited to account statements, account opening documents, correspondence about the nonparty account, and financial information provided by nonparties for the purpose of establishing an account) (“Nonparty Financial Information”); and/or (ii) insurance claims belonging to Nonparties (including but not limited to claim statements, claim opening documents, correspondence about the nonparty insurance claim, and information provided by nonparties for the purpose of making a claim for insurance benefits or coverage) (“Nonparty Insurance Information”).

         3. Form and Timing of Designation. Documents produced in image format shall be so designated by placing or affixing the words “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on each page as to which confidentiality is claimed, and in a manner which will not interfere with the legibility of the document and which will permit complete removal of the CONFIDENTIAL or HIGHLY CONFIDENTIAL designation. Confidential Documents produced in native format shall include a TIFF slip sheet with the Bates number, stating that the document is being produced in native format and whether it has been designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL. Documents produced in image and/or native format shall be designated CONFIDENTIAL or HIGHLY CONFIDENTIAL prior to, or contemporaneously with, the production or disclosure of the Documents. Inadvertent or unintentional production of Documents produced in image and/or native format without prior designation as CONFIDENTIAL or HIGHLY CONFIDENTIAL shall not be deemed a waiver, in whole or in part, of the right to designate Documents as CONFIDENTIAL or HIGHLY CONFIDENTIAL. Notwithstanding Section 11 below, the parties will meet and confer in good faith to resolve challenges to the designation of documents.

         4. Redaction of account numbers, social security numbers, Nonparty Insurance Information, and related information. Regardless of whether a Document has been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL, any producing Party may redact: (a) all but the last four digits of any bank or financial account number; (b) all but the last four digits of any social security number; (c) all but the last four digits of any insurance member or claim number; and (d) any insurance member's name; provided, however, that the unredacted information identified in this paragraph (¶ 4(a)-(d)) shall be made available to the receiving Party within seven (7) calendar days after it is requested.

         5. Depositions. Portions of depositions shall be deemed CONFIDENTIAL or HIGHLY CONFIDENTIAL if designated as such when the deposition is taken or within fourteen (14) business days after receipt of the transcript. Such designation shall be specific as to the portions of the transcript to be protected. Until the expiration of the 14-business day period, the entire deposition will be treated as confidential.

         6. 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 (¶ 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).

         b. Limited Third-Party Disclosures for Confidential Information. 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)-(9) below, and then, except as to persons identified in subparagraphs (1), (6), and (7) below, only after the person to whom disclosure is to be made has executed an acknowledgment (in the form set forth as Exhibit B hereto) (“Acknowledgement”), 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) in-house and outside counsel for the Parties, and paralegals, secretaries, and law department employees who directly assist such attorneys with the provision of legal services and who have responsibility for the preparation and trial of the lawsuit;
(2) employees and former employees of a Party to this Order where the employee or former employee is engaged in assisting that Party's attorneys in the conduct of the litigation in which the information is disclosed and needs to know about the subject matter of the Documents to perform that assistance;
(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;
(5) witnesses or deponents and their counsel for purposes of preparing for depositions or testimony;
(6) the Court (and any appellate court), persons employed by the Court, and court reporters transcribing the testimony or argument at a hearing or trial in this action or any appeal therefrom;
(7) auditors or insurers of any Party, or any state or federal regulator or law enforcement agency (“Regulator or Agency”);
(8) outside providers of document and ESI processing, hosting, review, production, imaging, and coding services, to the extent reasonably necessary to prepare for this litigation and trial, including ...

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