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.

Strongarm, LLC v. Manuel

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

August 21, 2019

STRONGARM LLC, Plaintiff,
v.
MARK MANUEL and LIFTMATIC, INC., Defendants.

          TURNER, PADGET, GRAHAM & LANEY, PA, Arthur E. Justice, Jr., J.René Josey.

          MILLER, CANFIELD, PADDOCK AND STONE, Jacob D. Koering, A. Michael Palizzi, Erika L. Giroux.

          GIGNILLIAT, SAVITZ & BETTIS, LLP, Derwood L. Aydlette, Fred A. Williams.

          AMENDED CONFIDENTIALITY ORDER

          DONALD C. COGGINS, JR. UNITED STATES DISTRICT JUDGE.

         Whereas, the parties to this Amended Consent Confidentiality Order (“parties”), who previously consented to a Confidentiality Order (Doc. No. 21), the terms of which are restated herein, have stipulated that certain additional protections are needed to provide sufficient confidentiality protection for certain discovery materials in this case, and have agreed to the terms of this Amended Confidentiality Order; accordingly, it is this 20th day of August 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. Designation of documents as containing Confidential, Highly Confidential, or Attorneys'-Eyes Only information as set forth in Paragraph 3 of this Order shall be designated by placing or affixing the appropriate designation on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the designation. Documents shall be designated 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 otherwise allowed by this Order.

         3. Documents Which May be Designated Pursuant to this Order. Any party may designate documents as Confidential, Highly Confidential, or 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 consistent with this Order. 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 pursuant to this Order.

         A party may designate as Confidential any documents, testimony, or information contained therein that contains information protected by statute, regulation, or otherwise, sensitive personal information, or confidential research, development, financial, proprietary, or other commercial information.

         A party may designate as Highly Confidential any documents, testimony, or information contained therein that contains trade secrets or other proprietary information the disclosure of which is likely to cause significantly harm to the party's competitive position, or the disclosure of which would contravene an obligation of confidentiality to a third person or to a Court. Pursuant to this Order, and as specified in Paragraph 6, Highly Confidential documents, testimony, or information may be shared with a Party Designee.

         A party may designate as Attorneys'-Eyes only documents, testimony, or information contained therein regarding competitive financial information, the disclosure of which even to a Party Designee may cause significant competitive harm to the disclosing Party or others to whom that Party owes a duty of confidentiality.

         4. [Reading Room provision is omitted]

         5. Depositions.

         Portions of depositions shall be designated under this Order only if designated as such when the deposition is taken or within fifteen (15) business days after receipt of the transcript. Such designation shall be specific as to the portions to be protected.

         6. Protection of Confidential Material.

         a. General Protections. Documents designated Confidential, Highly Confidential, or 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 (¶ 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 under the terms of this Order to any other person or entity except as set forth 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.

         Further, prior to disclosing any documents designated under the terms of this Order to any proposed expert or consultant, the receiving party must, in addition to providing the executed acknowledgement set forth in Attachment B, provide the resume or curriculum vitae of the proposed expert or consultant, the expert or consultant's business affiliation, and any current and past consulting relationships in the industry. The producing party will thereafter have ten (10) business days from receipt of the acknowledgment to object to any proposed individual. The objection must be made for good cause and in writing, stating with particularity the reasons for the objection. Failure to object within ten (10) business days constitutes approval. If the parties are unable to resolve any objection, the receiving party may apply to the presiding judge to resolve the matter. There will be no disclosure to any proposed individual during the ten (10) business day objection period, unless that period is waived by the producing party, or if any objection is made, until the parties have resolved the objection, or the presiding judge has ruled upon any resultant motion.

         (1) Subject to these requirements, the following categories of persons may be allowed to review documents which have been designated Confidential pursuant to this Order:

a. counsel and employees of counsel for the parties who have responsibility for the preparation and trial of the lawsuit;
b. 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 ...

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.