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.

JH Portfolio Debt Equities, LLC v. Garnet Capital Advisors, LLC

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

May 31, 2019

JH PORTFOLIO DEBT EQUITIES, LLC, Plaintiff,
v.
GARNET CAPITAL ADVISORS, LLC, Defendant.

          PROTECTIVE AND CONFIDENTIALITY ORDER

          Donald C. Coggins, Jr. United States District Court Judge

         Pursuant to joint motion of counsel for the Plaintiff and counsel for the Defendant this Protective Order (the “Protective Order”) shall govern the handling of documents, electronically stored information, other tangible things, deposition testimony, deposition exhibits, responses to interrogatories and requests for admissions, and any other information disclosed or produced by any party or non-party (“Discovery Materials”) in the course of discovery in the above captioned matter.

         1. In consideration of the sensitive nature of certain Discovery Materials that may be produced or disclosed by any party or non-party during the course of discovery in this matter, the parties have agreed to protect and maintain the confidentiality of certain Discovery Materials.

         2. Any Discovery Materials provided by any party or third party (“Producing Party”) and received by any party or third-party (“Receiving Party”) during the pendency of this case are to be used for the prosecution or defense of this case and any ensuing appeals, and not for any other purpose.

         3. This Order does not limit the use or disclosure of Discovery Materials that have been obtained by any party or third party from any other source lawfully possessing such information and not in violation of any obligation of confidentiality with respect thereto, including but not limited to Discovery Materials that: (a) were already known to such party or third party by lawful means prior to acquisition from, or disclosure by, the other party or third party in this case; (b) is or becomes publicly known through no fault or act of such party or third party; or (c) is rightfully received by such party from a third party, which has authority to provide such Discovery Material, and without restriction as to disclosure.

         4. Third Parties that produce documents pursuant to this Protective Order shall have the benefit of this Protective Order, and shall be entitled to enforce its terms, if they agree to be bound hereby through certification of Attachment B.

         5. This Protective Order creates two categories of Confidential Information: CONFIDENTIAL and HIGHLY CONFIDENTIAL. Documents designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under this Order shall not be used or disclosed by the parties or counsel for the parties or any other persons for any purposes whatsoever other than preparing for and conducting the litigation in which the documents were disclosed (including any appeal of that litigation).

(a) CONFIDENTIAL. Discovery Materials that may be designated CONFIDENTIAL are those that the Producing Party reasonably believes constitute, contain, or refer to information that is not generally available to or accessible by the general public, or that is to be kept confidential due to preexisting obligations. Discovery Materials that may be designated CONFIDENTIAL include, but are not limited to, market, business, and financial information, and other confidential business and commercial information, except to the extent covered by section (b) below.
(b) HIGHLY CONFIDENTIAL. Discovery Materials that may be designated HIGHLY CONFIDENTIAL are those Discovery Materials that a Producing Party reasonably believes constitute, contain, or refer to confidential business or commercial information the disclosure of which to a business competitor might tend to damage the Producing Party's competitive position, including but not limited to information subject to third-party non-disclosure or confidentiality agreements; and sensitive confidential personal information, including but not limited to, personally identifiable information, personal financial information, social security numbers, and bank account numbers. In recognition of the limitations on use of Discovery Materials designated as HIGHLY CONFIDENTIAL it is the intention of the parties that the HIGHLY CONFIDENTIAL designation be used when the Producing Party has a good faith belief that refraining from designating the Material as HIGHLY CONFIDENTIAL would risk competitive injury to the Producing Party or constitute an invasion of any individual's reasonable expectation of privacy, and/or potentially violate any contractual obligation to a third-party. If redaction would allow HIGHLY CONFIDENTIAL documents to be designated as CONFIDENTIAL then such redaction should be applied to the least amount of information possible (e.g., social security number, bank account number, and credit information).

         6. The designation by any Producing Party of any Discovery Materials under this Protective Order as CONFIDENTIAL or HIGHLY CONFIDENTIAL shall constitute a representation to the parties and the Court that the Producing Party has a good faith belief that there is a valid basis for such designation.

         7. Any party may designate documents as CONFIDENTIAL or HIGHLY 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, or pursuant to this order. The certification shall be made concurrently with the disclosure of the documents, using Attachment A which shall be executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure.

(a) In the case of Discovery Material that is not testimony, CONFIDENTIAL and HIGHLY CONFIDENTIAL shall be so designated by placing or affixing the word “CONFIDENTIAL” or “HIGHLY 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 or HIGHLY CONFIDENTIAL designation.
(b) In the case of Discovery Material that is testimony, CONFIDENTIAL and HIGHLY CONFIDENTIAL shall be so designated by the Producing Party's counsel stating on the record at the time of such disclosure that the testimony is CONFIDENTIAL or HIGHLY CONFIDENTIAL, or the Producing Party's counsel transmitting written notice of the CONFIDENTIAL or HIGHLY CONFIDENTIAL designation to counsel for all parties within ten (10) days of receiving the transcript of the testimony, provided that only those portions of any transcript designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be deemed CONFIDENTIAL or HIGHLY CONFIDENTIAL.

         8. Documents shall be designated CONFIDENTIAL or HIGHLY 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 14 below. The failure to affix such designation at any given time does not constitute a waiver of the right to designate the material as CONFIDENTIAL or HIGHLY CONFIDENTIAL, and a Producing Party may make such a designation at any time after the material is produced, with the effect that the material then becomes subject to this Protective Order.

         9. Inadvertent or unintentional production of Discovery Materials 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 as otherwise allowed by this Order. In the event of an inadvertent disclosure of the CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Material, the Producing Party making the inadvertent disclosure, upon learning of the disclosure shall, in writing, promptly notify the person or entity to which the disclosure was made that it has received CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Material that is subject to this Protective Order. The Receiving Party shall treat such Discovery Materials as CONFIDENTIAL or HIGHLY CONFIDENTIAL from the date that such notice is received. Disclosure of CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Material prior to receipt of this notice from the Producing Party to persons not authorized to receive such CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Materials shall not be deemed a violation of this Protective Order; however, those persons to whom disclosure was made are to be advised that the CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Material disclosed is CONFIDENTIAL or HIGHLY CONFIDENTIAL and must be treated in accordance with this Protective Order.

         10. The parties and counsel for the parties shall not disclose or permit the disclosure of any documents designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under the terms of this Protective Order to any other person or entity except as set forth in subparagraphs (a) and (b) below, and then only after the person to whom disclosure is to be made has executed an acknowledgment (Attachment B), that he or she has read and understands the terms of this Protective Order and agrees to be bound by it. Subject to these requirements, the following categories of persons may be allowed to review documents which have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL pursuant to this Order:

(a) CONFIDENTIAL: (i) counsel and employees of counsel for the parties who have responsibility for the preparation and/or trial of the lawsuit, including regular and temporary employees and vendors, provided they are necessary to assist in the preparation and/or trial of the lawsuit; (ii) 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]; (iii) individuals shown on the face of a document as having authored or previously received the document; (iv) the court; (v) any witness at a deposition in this case, provided there is a legitimate basis for such disclosure, and the safeguards provided for in this Confidentiality Order are followed; (vi) court reporters and videographers engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents; (vii) 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; (viii) graphics or design services personnel retained by counsel for a party for purposes of preparing demonstrative or other exhibits; and (ix) 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.
(b) HIGHLY CONFIDENTIAL: (i) outside attorneys of record for the parties in this matter, such counsel of record being Moore & Van Allen, PLLC, Brownstein Hyatt Farber Schreck, LLP, and Miller Barondess, LLP for Plaintiff JH Portfolio Debt Equities, LLC; Roe Cassidy Coates & Price, P.A. and RuyakCherian LLP for Defendant Garnet Capital Advisors, LLC; (ii) regular and temporary employees and vendors for the outside attorneys of record (named in (i)) who have responsibility for the preparation and trial of the lawsuit; (iii) in-house litigation counsel for each party to this lawsuit, along with their immediate administrative staff, (iv) individuals shown on the face of the document as having authored or previously received the document; (v) the court; (vi) any witness at a deposition in this case, provided there is a legitimate basis for such disclosure, and the safeguards provided for in this Order are followed; (vii) court reporters and videographers engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents; (viii) 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; (ix) graphics or design services personnel retained by counsel for a party for purposes of preparing demonstrative or other exhibits; (x) any other person only upon order of the Court or upon written consent of the party producing the HIGHLY CONFIDENTIAL Material; and (xi) HIGHLY CONFIDENTIAL Material shall only be disclosed to persons or entities listed above in (iii) (vi), (viii) who consent and acknowledge to be bound by this Order through execution of Attachment B.

         11. Counsel for the parties shall take reasonable efforts to prevent unauthorized disclosure of documents designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL pursuant to the terms of this Protective Order. Counsel shall maintain a record of those persons, including employees of counsel, who have reviewed or been given access to the documents along with the originals of the forms signed by those persons acknowledging their obligations under this Protective Order.

         12. In the case of accidental or inadvertent disclosure of Discovery Materials, or CONFIDENTIAL or HIGHLY CONFIDENTIAL information not in accordance with this Protection Order, counsel for the party responsible for the disclosure shall promptly notify counsel for the Producing Party or the party who designated the Discovery Materials as CONFIDENTIAL or HIGHLY CONFIDENTIAL of the disclosure and make every effort to prevent further disclosure, including attempting to retrieve all copies of the Discovery Materials or CONFIDENTIAL or HIGHLY CONFIDENTIAL information from the recipients thereof, and ...


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.