United States District Court, D. South Carolina, Florence Division
James Brady, Individually and d/b/a JB & HM Enterprises, Inc., Plaintiffs,
City of Myrtle Beach, State of South Carolina, David Sebok, Myrtle Beach Downtown Redevelopment Corporation, and Metro Properties Group, LLC, Defendants.
BRITTAIN LAW FIRM, P.A. Thomas C. Brittain, Esquire Attorney
LAW FIRM, Michael W. Battle Attorney for Defendant City of
MULLINS Andrew M. Connor, Esq., Susan MacDonald, Esq.
Attorney for Defendants David Sebok and Myrtle Beach Downtown
Taylor Pro Se Defendant Metro Properties Group, LLC
C. COGGINS, JR. 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 18th day of November, 2019,
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
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.
Depositions. Portions 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 protected.
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 (¶ 5.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)
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;
(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 ...