Walker v. Americare Radiographics Inc et al

Filing 40

Agreed Confidentiality Order. Signed by Magistrate Judge Andrea M. Simonton on 11/2/2010. (dlt)

W a l k e r v. Americare Radiographics Inc et al

D o c . 40

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 10-60340-CIV-MOORE/SIMONTON N IC O L E W A L K E R , P l a i n t i ff , v. A M E R IC A R E RADIOGRAPHICS, INC., et al., D e fe n d a n t s , ______________________________________/ A G R E E D CONFIDENTIALITY ORDER T o expedite the flow of discovery material, facilitate the prompt resolution of d is p u te s concerning confidentiality, adequately protect materials w h ic h are entitled to be k e p t confidential, and insure that protection is afforded only to material so entitled, p u rs u a n t to the Court's authority under Federal Rule of Civil Procedure 26(c) and w ith the c o n s e n t of the parties, it is ORDERED as follow s : 1. Designation of Confidential Matter. Information or documents w h ic h may

b e or may have been produced in response to discovery requests of any party may c o n ta in confidential or proprietary information, or may disclose information concerning fin a n c ia l information, trade secrets, or other confidential materials. Any such in fo r m a tio n or documents may be designated as "Confidential Matter" by counsel for any p a r t y , if such counsel believes in good faith that it is necessary to protect the legitimate in te re s t in confidentiality of his or her client that the designated matter be kept c o n fid e n tia l. 2. M a n n e r of Designation. Designation of "Confidential Matter" shall be

e ffe c tiv e by placing or affixing on each document or group of documents so designated,

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a notice of "CONFIDENTIAL" or the equivalent, in such manner as w i ll not interfere w i t h th e legibility thereof, but shall be sufficient to put persons receiving such documents on n o t ic e that such documents are to be treated in confidence. Any confidential d e s ig n a tio n w h ic h is inadvertently omitted, or w h ic h w a s not placed on documents prior to this Order, may be corrected by w r itte n notice to opposing counsel, w h e r e u p o n such d o c u m e n ts shall become "Confidential Matter", and the confidential designation shall be p la c e d on such documents to the extent practicable. 3. R e s t ric t io n on Use of Confidential Matter. No "Confidential Matter"

p r o d u c e d in response to any Party's discovery requests shall be used or communicated b y any party, or any other person receiving or view in g them, for business or competitive p u r p o s e s , or for any purpose w h a t s o e v e r other than in preparation for trial of this matter, th e trial of this matter or any appeals therefrom. 4. P e rs o n s W h o May View Confidential Matter. "Confidential Matter" shall,

e x c e p t as set forth below , be available only for examination by (a) the parties, and if a p a r ty is not a natural person, then examination shall be limited to those persons required to have know le d g e of such "Confidential Matter" for purposes of this litigation, and each s u c h person shall be bound by this Order, (b) the parties' attorneys and their respective le g a l assistants, including associates, secretaries and paralegal assistants, court r e p o r te r s and other agents or employees to the extent necessary to render legal services in this litigation, (c) expert w itn e s s e s retained by the parties' attorneys, (d) court officials in v o lv e d in the litigation, including but not limited to the Judge, Magistrate Judge, ju d ic ia l law clerks, judicial assistants, court reporters, special masters or others a p p o in te d by the court, and (e) those persons w h o are law fu lly present at the trial of this case. 5. R e s tr ic tio n s on Reproduction of "Confidential Matter". There shall be no 2

re p ro d u c tio n of "Confidential Matter", except as required in preparation for trial of this m a tte r, the trial of this matter or any appeals therefrom, except that copies, excerpts or s u m m a r ie s may be show n or given to those persons authorized to receive such in fo rm a tio n pursuant to this Order. 6. R e s tr ic tio n s on Dissemination. No person w h o examines any item

p r o d u c e d pursuant to this Order shall disseminate orally, in w r itin g or by any other m e a n s any "Confidential Matter" to any person not also authorized to examine " C o n f id e n t ia l Matter" under the terms of this Order. 7. Use in Depositions. Except as limited herein, during a deposition, a

d e p o n e n t may be show n , and examined about, "Confidential Matter". Prior to such e x a m in a t io n , if the deponent is not already a person authorized to view "Confidential M a tte r" , the deponent shall be given a copy of this Order and shall agree to be bound by it, if requested by counsel for either party. How e v e r, a deponent may not be show n s a la ry /w a g e /r a te or pay information for Defendant's, executives, managers or s u p e r v is o r s w ith o u t prior leave of Court unless this financial information is the d e p o n e n t s nor may a deponent be show n confidential trade secret information as c o n t e m p la te d by Rule 26(c)(7). At the deposition, or w ith in fifteen (15) days after r e c e iv in g a copy, a party or a deponent may designate portions of the transcript, and/or e x h ib its , as "Confidential Matter". Until the expiration of the 15-day period, the transcript a n d exhibits shall be treated as confidential, but w h e n such 15-day period expires, only th o s e pages of the transcript and exhibits designated as such shall be confidential. Thereafter, the original and all copies of such pages and exhibits shall be stamped as c o n f i d e n t i a l as set forth in this Order, and the title page of the transcript shall state " C o n ta in s Confidential Information". 8. F ilin g w it h the Court. "Confidential Matter" may only be filed w it h the Court 3

u n d e r seal, pursuant to the provisions contained in the Local Rules for making such filin g s . 9. N o W a iv e r of Confidentiality. The production of "Confidential Matter" for

in s p e c tio n and note-taking shall not constitute a w a iv e r of any Party's right to claim in th is law s u it or hereafter that said documents and/or any materials or information in c lu d e d therein is privileged and is otherw is e non-discoverable. 1 0. D e c la s s ific a tio n . A party (or an aggrieved person or entity permitted by the

C o u r t to intervene for such purpose) may file a motion seeking a Court order that a d o c u m e n t or documents stamped as confidential are not entitled to be treated as " C o n f id e n t ia l Matter". The person or entity that designated the document(s) as c o n fid e n tia l shall be given notice and an opportunity to respond. To maintain c o n fid e n tia l status, the proponent of confidentiality must show by a preponderance of th e evidence that there is good cause for the document(s) to have such protection. 1 1. R e tu r n of Confidential Matter. Upon final termination of this action,

in c lu d in g all appeals, each party's attorney shall return all "Confidential Matter", in c lu d in g all copies, excerpts or summaries thereof, to the attorneys w h o produced the s a m e upon request. DONE and ORDERED in chambers at Miami, Florida, on November 2, 2010.

____________________________________ A N D R E A M. SIMONTON U N IT E D STATES MAGISTRATE JUDGE C o p ie s provided to: T h e Honorable K. Michael Moore, U n ite d States District Judge A ll counsel of record

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