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Reich v. Intex Recreation Corp.

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

July 25, 2018

Sarah Reich and Kenneth Brandon Long, as Personal Representatives of the Estate of Brayslei Cynthia Lynn Long, Plaintiffs,
Intex Recreation Corp., Defendant.

          Daniel A. Hunnicutt (Fed. ID No. 10424) Attorney for Plaintiffs

          Robert E. Sumner, IV (Fed. ID No.: 10215) Attorneys for Defendant Intex Recreation Corp.



         Whereas, the parties to this Consent Confidentiality Order (the “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 25th day of July, 2018, ORDERED:

         1. Scope. All documents produced in the course of discovery, all responses to discovery request, responses to subpoenas, 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 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. The Parties shall have the right to designate documents that have already been produced in this case as CONFIDENTIAL. 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[1] who has, in good faith, determined that the documents contain information protected from disclosure by statute, privileged 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. Production of Electronically Stored Information. Pursuant to Rule 34(b)(2)(E) of the Federal Rules of Civil Procedure, the Parties may specify the form or forms in which electronically stored information (“ESI”) is to be produced.

         5. Depositions. Portions of depositions may 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 must be specific as to the portions to be protected.

         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. 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 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 counsel shall certify that the specifically named individual part or employee's assistance is necessary to 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; 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.
(6) Before disclosing stamped confidential documents to any person listed in subparagraphs 6.b(1) - 6.b(5) who is a customer or competitor (including employees or consultants of either) of the party that is so designated on the document, the party wishing to make such disclosure shall give at least 15 days advance notice in writing to the counsel or entity who designated such information as confidential, stating the names and addresses of the person(s) to whom the disclosure will be made, identifying with particularity the documents to be disclosed, and stating the purposes of such disclosure. If, within the 15 day period, a motion is filed objecting to the proposed disclosure, the disclosure shall not be made unless and until the Court has denied such motion. The Court will deny the motion unless the objecting party shows good cause why the proposed disclosure should not be permitted.
i. As used in this paragraph 6.b(6), the term “customer” means any direct purchaser of Intex-brand products.
ii. As used in this paragraph 6.n(6), the term “competitor” means any manufacturer or seller of products like Intex-brand products, including above-ground pools of any type, pool pumps, filters, and other pool supplies, outdoor toys and children's products, air mattresses and ...

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