Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Filing 72

MOTION for protective order by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Proposed Order)(Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Mark A. Pizzo.

Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Doc. 72 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIYISION IN ADMIRALTY ODYSSEY MARINE EXPLORATION , INC.

Plaintiff

CIVIL ACTION

Case No: 8:07-CY-00614- SDM- MAP

THE UNIDENTIFIED, SHIPWRECKED VESSEL if any, its apparel, tackle, appurtenances and cargo located within a five mile radius of the center point coordinates provided to the Court under seal
Defendant; in rem
and

The Kingdom of Spain
Claimant.

Note: This Proposed Order Is Prepared For Cases 8:07-CY-00614-SDM- MAP, 8:07-CY-00616-SDM-MAP and 8:06-CY-1685-SDM-MAP

PROTECTIVE ORDER GOYERNING DISCLOSURE OF CERTAIN INFORMATION
This ORDER is an identical filing being made in cases 8:07- CY- 00614- SDMMAP , 8:07-CY-00616- SDM- MAP , and 8:06-CY- 1685- SDM- MAP.

WHEREAS , this case involves

inter alia

in rem claims by Plaintiff Odyssey

Marine Exploration, Inc. (" Odyssey ) against a Defendant Unidentified Shipwrecked

Dockets.Justia.com

Vessel, if any, ("Defendant Site ) in opposition to which Claimant Kingdom of Spain
Spain ) has fied a Verified Claim.

WHEREAS , an Order defining documents for which the parties may claim

confidentiality and procedures for such materials may facilitate the conduct of this case;
IT

IS HEREBY ORDERED that the following provisions shall govern claims of

confidentiality ofthe documents or objections to production:
1) The exact

location(s) of the Defendant Site, in Cases 8:07-CY-00614- SDM-

MAP , 8:07-CY-00616-SDM-MAP, and 8:06-CY- 1685- SDM- MAP , shall be provided in

a separate document for each case filed under seal with the Court and be served on counsel for Claimant Spain within 10 days of this Order. The exact location information
contained therein shall be deemed confidential and subject to the provisions governing such information as provided hereafter, except to the extent that such information has

been disclosed by Odyssey to any non party without such information 1?eing

subject to a

confidentiality agreement or has become publicly known from other sources. Any
information regarding the location of the Defendant Site beyond the location as described in the Amended Complaint or that which has been made public otherwise , must be kept confidential by any party, Claimant or any other individual who has access to the
information pursuant to this Order.
2) For Rule

26(a) disclosures and such other disclosures or discovery as may

occur from the date of this Order , only documents containing trade secrets , special
formulas , proprietary research and/or technology, company security matters , financial

data, projected sales data, production data, matters relating to mergers and acquisitions and data which touch upon the topic of price may be designated as confidential , provided

such documents have not previously been disclosed by the producing party to anyone

except persons in its employment or persons retained by it who are subject to a
confidentiality agreement with respect to such information. Such documents or the parts

thereof that contain the information for which confidentiality is claimed , as provided

hereafter , may be so designated after review by counsel for the producing party by
stamping the word

confidential on

each page.

3) Review of

confidential documents and information by counsel , experts, or

consultants for the litigants in the litigation shall not waive the confidentiality of the
documents or objections to production.
4) The inadvertent,
unintentional or

in camera disclosure of a confidential

document or confidential information therein shall not generally be deemed a waiver, in

whole or in part, of any party s claims of confidentiality.

5) If any party believes a document not described above should nevertheless be
considered confidential, it may make application to the court. Such application shall only

be granted for reasons shown and for extraordinary grounds.
6) Documents

relating to artifacts or other objects recovered from the Defendant

Site shall not constitute confidential information except to the extent specific information

in a document discloses proprietary research and/or technology of Plaintiff or other
confidential information described in Paragraph 2. To the extent practicable , such

information shall be redacted from the non-confidential version of the document and
provided in a confidential unredacted copy.
7) Documents

designated confidential shall be shown only to the attorneys , the

parties , parties' experts , actual or proposed witnesses, and other persons whom the

attorneys deem necessary to review the documents for the purpose of claims relating to the Defendant Site that are the subject of Cases 8:07-CY-00614- SDM- MAP , 8:07-CY00616- SDM- MAP , and 8:06-CY- 1685- SDM- MAP , including any claim by or on behalf

of any other Claimant who agrees to be bound by the terms of this Order. Each person

who is permitted to see confidential documents shall first be shown a copy of this Order
(as also rendered into Spanish, in a translation agreed to by the parties) and shall further

be advised of the obligation to honor the confidentiality designation. The parties agree
that any discovery material produced in this litigation may be used only for purposes of this litigation or on behalf of any other Claimant who agrees to be bound by the terms of
this order. (See paragraph 11

below).

8) If a party believes that a document or information designated or sought to be
designated confidential by the producing party does not warant such designation, or
should otherwise not be subject to the provisions of this Order , the party shall first make
a good-faith effort to resolve such a dispute with opposing counsel.
In

the event that such

a dispute cannot be resolved by the parties , any party may apply to the court for a

determination as to whether the designation is appropriate. The burden rests on the party
seeking confidentiality to demonstrate that such designation is proper.
9) At the

time of any deposition or within 10 days after receipt of the deposition

transcript , a party may designate as confidential specific portions of the transcript which
it claims contain confidential matters under the standards set forth in this Order. This designation shall be in writing and served upon all counsel. No objection shall be
interposed at deposition that an answer would elicit confidential information. Transcripts

wil be treated as confidential for this 1 O-day period. Any portions of a transcript

designated confidential shall thereafter be treated as confidential in accordance with this
Order. In filing materials with the court in pretrial proceedings, counsel shall file under

seal only those specific documents and that deposition testimony designated confidential
and only those specific portions of briefs, applications, and other filings that contain

verbatim confidential data, or that set forth the substance of such confidential
information.

10) In any application to the court permitted by this order, the court may exercise

discretion in determining whether the prevailing party in such a dispute may recover the
costs incurred by it and, if so, the amount to be awarded as well as such any other relief sanctions if any, as the court may deem determine to be appropriate. including damages
and/or dismissal of a claim.

11) For purposes of clarification, Claimant Spain, is the national governent of

the Kingdom of Spain and the term "parties" as used in Paragraph 7 for purposes of this
Order consists of the Spanish Ministry of Justice , the Ministry of Culture, the Ministry of

Foreign Affairs and Cooperation, the Navy and the Departent of Customs and Special

Taxes. It is agreed and acknowledged by the parties that each Ministry or Department
which shall have access to confidential information shall be identified by legal office.

Furthermore , each

individual who is granted access to confidential information

hereunder shall sign a statement approved by the parties indicating that they have been

shown a copy of this order and that they agree to be bound by the terms herein. It shall

be the responsibilty of Counsel for Spain to keep a record identifying all confidential
documents and information which have been disclosed as well as a record identifyng

persons to whom confidential documents and information have been disclosed , and to

produce to the Court upon request by the Plaintiff or by the Court an updated copy of this
record. Such record

may be kept under seal by the Court, but in the event of a breach of

this Order, may be unsealed and disclosed to the Plaintiff to determine the origin of the
breach.

12. Nothing herein shall constitute a waiver of or otherwise impair or affect any
claim or defense of any party.

DONE AND ORDERED this

day of January, 2008.

UNITED STATES DISTRICT JUDGE