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State v. South Carolina Department of Corrections

United States District Court, D. South Carolina

January 12, 2018

John State, David Warrick, James Hardin, Jerry Brunson, Jarvis Jeter, Kevin Michael Anderson, Maurice Burgess, Stafford Kearse, Justin Rose, Kewayne Lee, Curtis Scott, Anthony Glenn, Matthew Franks Thomas, and Christopher Montgomery Plaintiffs,
v.
South Carolina Department of Corrections; Warden Willie Eagleton, individually and/or in his Official capacity as warden of Evans Correctional Institution; Associate Warden Annie Sellers, individually and/or in her official capacity as associate warden of Evans Correctional Institution, Defendants.

          WE SO MOVE AND CONSENT: LEE, ERTER, WILSON, HOLLER & SMITH, LLC, G. MURRELL SMITH, JR., DAVID C. HOLLER, Counsel for Defendants

          WE SO MOVE AND CONSENT: BELL LEGAL GROUP, LLC, J. EDWARD BELL, III, GABRIELLE SULPIZIO and MAYER LAW PRACTICE, AARON MAYER, FED, Counsel for Plaintiffs

          CONSENT CONFIDENTIALITY ORDER

          PAIGE J. GOSSETT UNITED STATES MAGISTRATE JUDGE.

         Whereas, the parties to this action (“parties”), have stipulated that certain discovery material and/or other information is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 12th day of January, 2018, 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. 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 person, entity, or party may designate documents as confidential but only after review of the documents by an attorney[1] 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.

         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.

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 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. 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)-(6) below, and then only after the responsible party or counsel has advised the third party of the existence and terms of this Order, and that they are 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 that the individual party or employee's assistance is necessary to the conduct of the litigation in which the information is disclosed[2];
(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) 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;
(6) any current or former inmate of the South Carolina Department of Corrections, but not without first obtaining the written consent of all ...

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