United States District Court, D. South Carolina, Florence Division
Elia V. Marin, Plaintiff,
Wal-Mart Stores, Inc., Wal-Mart Super Center #2703 & Wal-Mart Stores East, LP, Defendants.
Rangeley C. Bailey, USDC ID No. 9032 Jebaily Law Firm
Attorney for Plaintiff.
Ellen Bagley, USDC ID No. 11453 Nashiba Boyd, USDC ID No.
11408 Gaffney, Lewis & Edwards, LLC Attorneys for
CONSENT CONFIDENTIALITY ORDER
BRYAN HARWELL, 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 ___ day of January, 2018, ORDERED:
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.
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 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
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.
Reading Room. In order to facilitate timely disclosure of
large No. of documents which may contain confidential
documents, but which have not yet been reviewed and marked,
the following “Reading Room” provisions may be
a. Documents may be produced for review at a party's
facility or other controlled location (“Reading
Room”), prior to designation as confidential. After
review of these documents, the party seeking discovery may
specify those for which further production is requested. The
producing party shall then copy the requested documents for
production. To the extent any of the requested documents
warrant a CONFIDENTIAL designation, the copies shall be so
marked prior to further production.
b. Unless otherwise agreed or ordered, copies of Reading Room
documents shall be requested within twenty days of review in
the Reading Room and shall be produced within thirty days
after the request is made.
c. The producing party shall maintain a log of persons who
have reviewed documents in the Reading Room and the dates and
time of their presence.
d. The production of documents for review within the confines
of a Reading Room shall not be deemed a waiver of any claim
of confidentiality, so long as the reviewing parties are
advised that the Reading Room production is pursuant to this
provision and that the Reading Room may contain confidential
materials which have not yet been marked as confidential.
e. Until such time as further production is made of documents
reviewed in a Reading Room, the reviewing party shall treat
all material reviewed as if it was marked CONFIDENTIAL at the
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.
Protection of Confidential Material.
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). The parties shall not disclose documents
designated as confidential to putative class members not
named as plaintiffs in putative class litigation unless and
until one or more classes have been certified.
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;
(2) 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 ...