United States District Court, D. South Carolina, Aiken Division
EDWARD D. JONES & CO., L.P., A Missouri limited partnership, Plaintiff in Interpleader
AMERICAN NATIONAL INSURANCE COMPANY, a Texas corporation and TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, an Iowa corporation and LESLIE GORMAN, A South Carolina individual and TERESSA GORMAN, a South Carolina individual and CHRIS MCNALLY, a South Carolina individual and JOHN DOES 1-50 Defendants.
Michelle Childs, 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 30th day of September 2019, ORDERED:
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.
Form and Timing of Designation.
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. 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.
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.
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
Protection of Confidential Material.
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
Limited Third Party Disclosures.
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)
(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;
(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.
Control of Documents.
for the parties shall take reasonable efforts to prevent
unauthorized disclosure of documents designated as
Confidential pursuant to the terms of this order.
copies, duplicates, extracts, summaries or descriptions
(hereinafter referred to collectively as
“copies”), of documents designated as
Confidential under this Order or any portion of such a
document, shall be immediately affixed with the designation
“CONFIDENTIAL” if the word does not already
appear on the copy. All such copies shall be afforded the
full protection of this Order.
Filing of Confidential Materials.
event a party seeks to file any material that is subject to
protection under this Order with the court, that party shall
take appropriate action to insure that the documents receive
proper protection from public disclosure including: (1)
filing a redacted document with the consent of the party who
designated the document as confidential; (2) where
appropriate (e.g. in relation to discovery and evidentiary
motions), submitting the documents solely for in camera
review; or (3) where the preceding measures are not adequate,
seeking permission to file the document under seal pursuant
to the procedural steps set forth in Local Civil Rule 5.03,
DSC, or such other rule or procedure as may apply in the
relevant jurisdiction. Absent extraordinary circumstances
making prior consultation impractical or inappropriate, the
party seeking to submit the document to the court shall first
consult with counsel for the party who designated the
document as confidential to determine if some measure less
restrictive than filing the document under seal may serve to
provide adequate protection. This duty exists irrespective of
the duty to consult on the underlying motion. Nothing in this
Order shall be construed as a prior directive to the Clerk of
Court to allow any document be filed under seal. The parties
understand that documents may be filed under seal only with
the permission of the court after proper motion pursuant to
Local Civil Rule 5.03.
Greater Protection of Specific Documents.
party may withhold information from discovery on the ground
that it requires protection greater than that afforded by
this Order unless the party moves for an Order providing such
Challenges to Designation as Confidential.
CONFIDENTIAL designation is subject to challenge. The
following procedures shall apply to any such challenge.
a. The burden of proving the necessity of a Confidential
designation remains with the party asserting confidentiality.
b. A party who contends that documents designated
CONFIDENTIAL are not entitled to confidential treatment shall
give written notice to the party who affixed the designation
of the specific basis for the challenge. The party who so
designated the documents shall have fifteen (15) days from
service of the written notice to determine if the dispute can
be resolved without judicial intervention and, if not, to
move for an Order confirming the Confidential designation.
c. Notwithstanding any challenge to the designation of
documents as confidential, all material previously designated
CONFIDENTIAL shall continue to be treated as subject to the
full protections of this Order until one of the following
(1) the party who claims that the documents are confidential
withdraws such designation in writing;
(2) the party who claims that the documents are confidential
fails to move timely for an Order designating the documents
as confidential as set forth in paragraph 9.b. above; or
(3) the court rules that the documents should no longer be
designated as confidential information. d. Challenges to the
confidentiality of documents may be made at any time and are
not waived by the failure to raise the challenge at the time
of initial disclosure or designation.
Treatment on Conclusion of Litigation.
Order Remains in Effect.
provisions of this Order restricting the use of documents
designated CONFIDENTIAL shall continue to be binding after
the conclusion of the litigation unless otherwise agreed or
Return of CONFIDENTIAL Documents.
thirty (30) days after the conclusion of the litigation,
including conclusion of any appeal, all documents treated as
confidential under this Order, including copies as defined
above (¶6.d.) shall be returned to the producing party
unless: (1) the document has been entered as evidence or
filed (unless introduced or filed under seal); (2) the
parties stipulate to destruction in lieu of return; or (3) as
to documents containing the notations, summations, or other
mental impressions of the receiving party, that party elects
destruction. Notwithstanding the above requirements to return
or destroy documents, counsel may retain attorney work
product including an index which refers or relates to
information designated CONFIDENTIAL so long as that work
product does not duplicate verbatim substantial portions of
the text of confidential documents. This work product
continues to be Confidential under the terms of this Order.
Order Subject to Modification.
Order shall be subject to modification on motion of any party
or any other person who may show an adequate interest in the
matter to intervene for purposes of addressing the scope and
terms of this Order. The Order shall not, however, be
modified until the parties shall have been given notice and
an opportunity to be heard on the proposed modification.
No. Judicial Determination.
Order is entered based on the representations and
agreements of the parties and for the purpose of facilitating
discovery. Nothing herein shall be construed or presented as
a judicial determination that any specific document or item
of information designated as CONFIDENTIAL by counsel is
subject to protection under Rule 26(c) of the Federal Rules
of Civil Procedure or otherwise until such time as a
document-specific ruling shall have been made.
Order shall take effect when entered and shall be binding
upon: (1) counsel who signed below and their respective law
firms; and (2) their respective clients.
BY COUNSEL OF DESIGNATION OF INFORMATION AS
by Counsel of Designation of ...