Beazley USA Services, Inc. et al v. Vieira
Filing
54
Amended Protective Order. Signed by Magistrate Judge Lisette M. Reid on 1/27/2025. See attached document for full details. (ari)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-cv-22374-CMA-LMR
BEAZLEY USA SERVICES, INC.,
Plaintiff,
v.
STEPHAN VIEIRA,
Defendant.
/
AMENDED PROTECTIVE ORDER
1.
This Amended Protective Order (“Protective Order”) governs the use and
disclosure of documents and other things produced by parties during discovery in the abovecaptioned case, including, but not limited to, a response to any Interrogatory, Request for
Admission, or Request for Production, or to any party by a non-party in response to any subpoena
duces tecum. For purposes of this Protective Order, the word “documents” shall include, but is not
limited to: (1) written, electronic, recorded, or graphic matter; (2) interrogatory answers served in
this action; (3) requests to admit and responses thereto filed in this action; (4) transcripts of and
exhibits to depositions; (5) and any portions of any court papers filed in this action that reveal any
confidential information as described in paragraph 3 of this Protective Order.
2.
If a party wishes to designate a document or thing to be produced subject to this
Protective Order, that party must stamp “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY” on that document or thing. Documents and tangible things
(including CDs or other electronic storage media containing documents) so designated shall be
referred to as the “Confidential Documents” throughout the remainder of this Protective Order.
3.
Parties shall designate as “CONFIDENTIAL” only those documents and things,
or portions thereof (such as portions of deposition testimony), that contain: (1) privileged
information; (2) confidential proprietary information; (3) trade secrets; (4) information that a party
is bound by a pre-existing contract to keep confidential; (5) confidential commercial information;
or (6) confidential research/development information. It is the responsibility of each party who
asserts confidentiality with respect to any document or thing produced by such party (“Designating
Party”), to designate the document or thing as a Confidential Document at the time of production
or, if produced by a third party in response to a subpoena in this case, within five (5) days of receipt
pursuant to paragraph 4 of this Order. In no event shall any material designated as
“CONFIDENTIAL” be disclosed to anyone other than in accordance with this Protective Order.
Any Party may further designate a document or thing as Confidential should it contain any of the
above categories in their own interest or the interest of a third party.
4.
Parties shall designate as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” only those documents and things, or portions thereof (such as portions of deposition
testimony), that a party in good faith reasonably believes that disclosure of the Highly Confidential
Information to persons, other than those listed in paragraphs 7(b)-7(i) below, is substantially likely
to cause injury to the Designating Party. It is the responsibility of the Designating Party, to
designate the document or thing as a Highly Confidential Document at the time of production or,
if produced by a third party in response to a subpoena in this case, within five (5) days of receipt
pursuant to paragraph 6 of this Order. In no event shall any material designated as “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” be disclosed to anyone other than those
listed in paragraphs 7(b) and 7(i) below.
5.
A subpoenaed third-party, or any person whose rights are affected by the production
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of the documents, may invoke the protection of this Protective Order by marking copies of
requested documents or deposition transcripts with the “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” stamp pursuant to Paragraph 3 or 4 above.
With respect to any documents received pursuant to third-party subpoenas that are not stamped
“CONFIDENTIAL,” the party which subpoenaed and received the documents shall, upon
request, promptly copy such documents as are requested, at the requesting party’s expense, and
send the copies to the requesting party. The Parties and interested non-parties shall have ten (10)
days after receipt of the documents by the requesting party to designate documents as confidential.
The Designating Party shall notify the requesting party in writing of the Bates numbers of the
confidential documents so that the requesting party can mark its copies of those documents with
the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
stamp. Unmarked copies of the confidential documents shall be destroyed. All third-party
documents shall be treated as confidential prior to the expiration of the 10-day period, unless the
Parties give notice before the end of that period that they do not intend to designate the third-party
documents as confidential.
6.
If a party (“Objecting Party”) objects to the designation of any document or thing
as a Confidential Document, the Objecting Party must communicate its objection in writing to the
Designating Party within a reasonable time after designation. The Parties and/or attorneys shall
attempt to resolve the dispute between them. If they are unsuccessful, the Designating Party must,
within 10 days of receiving the written objection, file a motion with the Court to establish whether
the designated information is entitled to confidential treatment. The Designating Party shall
include within its motion a request that the motion be ruled upon as soon as possible. The
protections of this Order shall continue to apply until such time as the Court has ruled to the
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contrary.
7.
Documents designated as “CONFIDENTIAL” and not objected to shall be
disclosed by the other parties and their attorneys only to those listed in subparagraphs 7(a)-7(i)
below. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a
receiving party may disclose “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
materials only to those listed in subparagraphs 7(b) and 7(i) below.
(a)
The Parties and their employees;
(b)
The Parties respective outside counsel, including but not limited to paralegals,
legal translators, legal secretaries, law clerks, litigation support employees, and
employees and agents if such counsel are required to assist in the conduct of the
litigation, all of whom shall be bound by this Protective Order;
(c)
Experts retained by counsel to assist in this litigation; provided, however, that any
such expert has signed an undertaking in the form of the attached Exhibit A, the
original of which will be maintained by counsel for the party retaining such expert;
(d)
Other individuals or entities retained by counsel identified in paragraph 7(b) above
specifically engaged to assist in this litigation, including litigation consultants,
electronic discovery consultants, jury consultants, and mock jurors selected by
counsel in preparation for trial; provided, however, that the person or entity has
signed an undertaking in the form attached as Exhibit A, the original of which will
be maintained by counsel retaining such individuals or entities and need not be
disclosed except upon Court order;
(e)
Witnesses at a deposition, subject to the provisions related to use of confidential
information at a deposition provided in paragraph 9 below;
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(f)
Witnesses at trial; provided, however, that any such witness has signed an
undertaking in the form attached as Exhibit A or states on the record that the
witness agrees to be bound by the contents of this Protective Order;
(g)
The Court, its officers and staff, and court stenographers while engaged in the
performance of their official duties;
(h)
Mediators in this action, other than the Court, who have first signed a certificate
identical to Exhibit A or who have otherwise agreed to be bound by this Order;
and
(i)
Other persons only after notice to all parties and upon order of the Court, or upon
written consent of the Designating Party.
8.
No party or attorney or other person who receives Confidential Information may
distribute, transmit, or otherwise divulge any document or other material which is marked
“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or the
contents thereof, except in accordance with this Protective Order. All produced confidential
information shall be carefully maintained so as to preclude access by persons who are not entitled
to receive such information. Nothing herein, however, is intended to prohibit or proscribe the
ability of counsel to provide to their client informed and meaningful advice, or to prevent counsel
from aggregating such information or summarizing such information for the client so long as it
will not reveal or disclose confidential information.
9.
Any deposition testimony may be designated as confidential by counsel for the
Designating Party by any of the following means:
(a)
Stating orally on the record of a deposition that certain information or testimony is
Confidential — Subject to Protective Order; or
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(b)
Sending written notice within fourteen (14) days of receipt of the deposition
transcript designating all or a portion of the transcript as confidential. The
deposition testimony shall be treated as confidential prior to the expiration of this
period.
Any party seeking to use confidential information during a deposition shall obtain a
statement on the record that the deponent and any other persons in attendance have agreed to abide
by the terms of this Protective Order. If the deponent refuses to agree, disclosure of such
information to the witness during the deposition shall not constitute a waiver of confidentiality,
provided that, under such circumstances, the witness shall be asked to read and sign the original
deposition transcript in the presence of the court reporter, and no copy of the transcript or related
exhibits shall be given to the deponent. The terms of this Protective Order shall apply to those
persons in attendance at depositions and shall require the exclusion of persons not subject to the
terms of the Protective Order from attending that portion of the deposition at which confidential
information is discussed.
10.
Documents subject to this Protective Order may be filed with the Court. The parties
will comply with rules relative to filing documents subject to this Protective Order as confidential
under seal or publicly.
11.
Notwithstanding anything to the contrary set forth herein, each party shall have the
right to apply to the Court at any time for an order granting other or additional protective relief
with respect to any confidential material, and the right to apply to the Court at any time for an
order modifying or lifting the protective order for good cause shown.
12.
Prior to the disclosure of any documents found to be confidential in whole or in
part by the Court herein to a consultant or expert under Paragraph 7(c) of this Protective Order,
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any party’s attorneys shall present the consultant or expert with a copy of this Protective Order.
After reading the Protective Order, the consultant or expert shall initial each page of the Protective
Order and sign the attached form of “Acknowledgement of Stipulated Protective Order.” Parties’
attorneys shall maintain all such signed acknowledgements and initialed orders.
13.
To the extent that any documents found to be confidential in whole or in part by the
Court herein are used in depositions or at hearings, such documents shall remain subject to the
provisions of this Protective Order, along with the transcript pages of the deposition/hearing
testimony referring to the Confidential Documents or information contained therein.
14.
Any court reporter or transcriber who reports or transcribes testimony in this action
shall be advised of this Protective Order and shall agree to be bound by its terms and not disclose
any of the Confidential Documents or information contained therein to anyone other than the
Court, the parties, the witnesses, or the attorneys in this action.
15.
This Protective Order shall not apply to the trial of this matter. All documents
received into evidence are open to public inspection and copying free of any privilege. No party,
however, is precluded from seeking enforcement of this or another protective order at and during
trial. Further, nothing herein shall prevent the parties from agreeing to this or other protective order
to apply at trial.
16.
The placing of any confidentiality designation or a production identification
number on the face of a document produced shall have no effect on the authenticity or admissibility
of that document at trial.
Nothing contained in this Protective Order, and no action taken pursuant to it, shall
prejudice the right of any party to contest the alleged relevancy, admissibility, or discoverability
of any document or information, whether confidential or not.
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17.
All provisions of this Order, to the extent still applicable, shall continue to be
binding after the conclusion of the above-captioned case, unless otherwise agreed by the parties or
as ordered by the Court. The Court shall retain jurisdiction of this matter for the purpose of
enforcing this Protective Order.
18.
Upon final disposition of this action, all parties’ attorneys shall destroy all
remaining Confidential Documents, if any, produced to them during the action and shall provide
the party producing the Confidential Documents with their affidavit(s) attesting to the fact that all
such documents have been destroyed, provided, however, that counsel for the Parties shall be
entitled to retain memoranda, work-product, or pleadings embodying information derived from
such confidential material, to the extent reasonably necessary to preserve a file on this litigation,
which information shall not be disclosed to any other person. All portions of deposition transcripts
and exhibits that contain confidential material shall also be destroyed as set forth above.
19.
If any party receives a subpoena or any other notice requesting documents
designated as confidential pursuant to the terms of this Protective Order, that party must notify
counsel for the Designating Party before responding to the subpoena.
20.
The inadvertent production of any confidential, privileged or otherwise protected
material shall not be deemed a waiver or impairment of any claim of confidentiality, privilege or
protection, including, but not limited to, the attorney-client privilege and the protection afforded
to work-product materials, or the subject matter thereof.
Upon receipt of notice of such inadvertent production from the producing Party, the
receiving Party shall, within seven (7) business days of such notice, either (a) return all copies of
such document(s) to the producing Party other than copies containing attorney’s notes or other
attorney work product that may have been placed thereon by counsel for the receiving Party and
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shall destroy all copies of such documents (or portions of such documents) that contain such notes
or other attorney work product or (b) shall apply to the Court for resolution if the producing Party’s
claim of inadvertent production is disputed.
21.
This Protective Order may be modified at any time by the written agreement of the
parties or by order of the Court after notice to all parties.
22.
All documents and things produced pursuant to the Stipulated Protective Order
entered on October 29, 2024 (DE 30) shall be afforded the same protection under this Protective
Order as if such documents and things were produced pursuant to this Protective Order.
23.
Any attorney or person who violates any term of this Protective Order is subject to
all appropriate disciplinary action, including contempt power, of the United States District Court
for the Southern District of Florida.
DONE AND ORDERED in Miami, Florida, this 27th day of January, 2025.
LISETTE M. REID
UNITED STATES MAGISTRATE JUDGE
cc:
Chief U.S. District Judge Cecilia M. Altonaga; and
All Counsel of Record
Stephen Vieira
711 Crandon Blvd., Apt. 202
Key Biscayne, FL 33149
Pro Se
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Exhibit A
ACKNOWLEDGMENT OF STIPULATED PROTECTIVE ORDER
I have been informed that I have been or will be shown certain documents in connection
with the litigation known as “Beazley USA Services, Inc. v. Stephan Vieira; United States District
Court for the Southern District of Florida, Case No. 24-cv-22374-CMA-LMR.” I have been
provided with a copy of the Protective Order relating to those documents, and I have read it and I
agree to be bound by the terms and conditions set forth therein.
I promise that I will not disclose or discuss such confidential documents or information
with any person other than the parties, and attorneys for the parties or members of their staff.
I understand that any use of the information obtained by me from materials designated
“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
any portions or summaries thereof, in any manner contrary to the provisions of the Stipulated
Protective Order may subject me to the jurisdiction of and sanctions by the United States District
Court for the Southern District of Florida.
Printed Name
Signature
Date
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