Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roinsin v. Nutribullet, L.L.C.

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

May 23, 2019

OOPAYDO ROINSIN, Plaintiff,
v.
NUTRIBULLET, L.L.C. and CAPITAL BRANDS, L.L.C, Defendants.

          CONFIDENTIALITY ORDER

          J. MICHELLE CHILDS UNITED STATES DISTRICT JUDGE.

         Whereas, 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 23rd day of May, 2019, 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.

         Any Party may also designate certain Documents as “Confidential - Attorneys' Eyes Only” (hereinafter, “Attorneys' Eyes Only Material”). This designation shall be limited to such Documents that the designating Party believes, in good faith, contain highly sensitive information, the disclosure of which is likely to cause harm to the competitive position of the designating Party or the broader disclosure of which would violate any Party or third parties' constitutional right to financial privacy. All Attorneys' Eyes Only Documents are included within the meaning of “CONFIDENTIAL” information as used in this Order and, except with respect to the classes of individuals who may view Attorneys' Eyes Only Documents, all the provisions set forth in the Order that apply to CONFIDENTIAL Documents also apply to Attorneys' Eyes Only Documents. Documents produced or written responses served in this Action in response to a request for production, or otherwise, relating to matters which the designating Party deems to be Attorneys' Eyes Only Documents shall be designated as such. Each Document or page of a written response so designated shall be marked with the words “Confidential - Attorneys' Eyes Only.”

         Documents shall be designated CONFIDENTIAL or Confidential - Attorneys' Eyes Only prior to, or contemporaneously with, the production or disclosure of the documents. Inadvertent or unintentional production of documents without prior designation as CONFIDENTIAL or Confidential - Attorneys' Eyes Only shall not be deemed a waiver, in whole or in part, of the right to designate documents as CONFIDENTIAL or Confidential - Attorneys' Eyes Only as otherwise allowed by this Order.

         If any Party or non-Party inadvertently fails to designate any document(s) or written response(s) to a discovery request as CONFIDENTIAL or Confidential - Attorneys' Eyes Only at the time of production or service of the response, it may correct its error by notifying opposing counsel in writing and providing opposing counsel substitute copies of any document(s) or response(s) appropriately marked as CONFIDENTIAL or Confidential - Attorneys' Eyes Only. Within ten (10) days of receipt of the substitute copies, the receiving Party shall return or destroy the previously unmarked items and all copies thereof. Similarly, if any Party inadvertently designates any document(s) or written response(s) as CONFIDENTIAL or Confidential - Attorneys' Eyes Only, it may correct its error by notifying opposing counsel in writing and providing opposing counsel with substitute copies of the document(s) or response(s) without the Confidential or Confidential - Attorneys' Eyes Only designation. Within ten (10) days of receipt of the substitute copies, the receiving Party shall return or destroy the previously marked items and all copies thereof.

         In the event of a disclosure of CONFIDENTIAL or Confidential - Attorneys' Eyes Only documents to a person not authorized to have had such disclosure made to him or her under the provisions of this Stipulation and Protective Order, and in the event the Party responsible for having made or allowed such disclosure becomes aware of such disclosure, that Party shall immediately inform counsel for the Party whose CONFIDENTIAL or Confidential - Attorneys' Eyes Only documents have thus been disclosed of all relevant information concerning the nature and circumstances of such disclosure. The responsible Party shall also take all reasonable measures promptly to ensure that no further or greater unauthorized disclosure of CONFIDENTIAL or Confidential - Attorneys' Eyes Only documents is made by anyone.”

         3. Documents Which May be Designated Confidential.

         Any party may designate documents as CONFIDENTIAL or Confidential - Attorneys' Eyes Only, 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. 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.

         4. Depositions.

         Portions of depositions shall be deemed confidential only if designated as such when the deposition is taken or within thirty 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 or Confidential - Attorneys' Eyes Only under this Order shall not be used or disclosed by the parties or counsel for the parties or any other persons identified below (¶ 5.b. and ¶ 5.c.) 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 or Confidential - Attorneys' Eyes Only to putative class members not named as plaintiffs in putative class litigation unless and until one or more classes have been certified.

         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 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; 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.

         c. Attorneys' Eyes Only Disclosure.

         Documents designated as Confidential - Attorneys' Eyes Only shall not be disclosed to any other person or entity except as set forth in subparagraphs (1)-(7) 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.