Taylor v. Wal-Mart Stores East, LP et al

Filing 17

ORDER granting 14 Motion for Confidentiality Order. Signed by Magistrate Judge Christopher L. Ray on 10/4/19. (jrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
TONYA TAYLOR,
Plaintiff,
v.
WAL-MART STORES EAST, LP and
WALMART INC.,
Defendants.

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CIVIL ACTION
FILE NO6:19-cv-00067-RSB-CLR

CONSENT CONFIDENTIALITY ORDER
The parties to this action have come before the Court requesting a confidentiality order.
The parties agree and consent that the “good cause” requirement of Fed. R. Civ. P. 26(c)(1)
exists in this case in order to expedite the flow of discovery material, facilitate the prompt
resolution of disputes over confidentiality, adequately protect material entitled to be kept
confidential, and ensure that protection is afforded only to material so entitled. The parties
further consent and agree that a multitude of confidential and proprietary corporate documents
which will be requested and produced in this litigation necessitate a protective order specifically
in regard to those that include financial, trade secret, confidential or proprietary business
information. After careful consideration, the Court finds that the “good cause” requirement of
Fed. R. Civ. P. 26(c)(1) has been met and therefore GRANTS the Parties’ request for a protective
order as set forth below. However, nothing in this Order shall be construed as allowing the
parties to file any documents under seal without the permission of the Court. Should the parties
seek to file documents under seal, they must follow and comply with the procedures set forth in
this Court’s Local Rule 79.7

1.

Non-disclosure of Stamped Confidential Documents. Except with the

prior written consent of the party or other person originally designating a
document to be stamped as a confidential document, or as hereinafter provided
under this Order, no stamped confidential document may be disclosed to any
person. A “stamped Confidential Document” means any document which bears
the legend (or which shall otherwise have had the legend recorded upon it in a
way that brings it to the attention of a reasonable examiner) “Confidential” to
signify that it contains information believed to be subject to protection under
F.R.C.P. 26. For purposes of this Order, the term “document” means all written,
recorded, or graphic material, whether produced pursuant to F.R.C.P. 34,
subpoena, by agreement, or otherwise. Interrogatory answers, responses to
requests for admission, deposition transcripts and exhibits, pleadings, motions,
affidavits, and briefs that quote, summarize, or contain materials entitled to
protection may be accorded status as a stamped confidential document, but, to the
extent feasible, shall be prepared in such a manner that the confidential
information is bound separately from that not entitled to protection.
2.

Permissible Disclosure. Notwithstanding Paragraph 1, stamped confidential
documents may be disclosed to counsel for the parties in this action who are
actively engaged in the conduct of litigation involving Wal-Mart Inc., Wal-Mart
Stores East, LP (hereinafter “Walmart”); to the partners, associates, secretaries,
paralegal assistants, and employees of such counsel to the extent reasonably
necessary to render professional service in such litigation; to persons with prior
knowledge of the documents or the confidential information contained therein,

and their agents; to court officials involved in such litigation (including court
reporters, persons operating video recording equipment at depositions, and any
special master appointed by the Court); and to the parties in this case. Subject to
the provisions of subparagraph (C), such documents may also be disclosed:
A.

to any person designated by the Court in the interest of justice, upon such
terms as the Court may deem proper; and

B.

to persons noticed for depositions or designated as trial witnesses to the
extent reasonably necessary in preparing to testify; to outside consultants
or experts retained for the purpose of assisting counsel in the litigation; to
employees of parties involved solely in one or more aspects of organizing,
filing, coding, converting, storing, or retrieving data or designing
programs for handling data connected with this action, including the
performance of such duties in relation to a computerized litigation support
system; and to employees of third-party contractors performing one or
more of these functions; to any person serving as a juror in a trial of the
captioned matter; or any other person designated by written agreement
between the parties or the subsequent order of the Court after reasonable
notice to all parties.

C.

If the receiving party desires to disclose documents, material, or
information designated as “Confidential,” or information derived
therefrom, to any individual not authorized to receive “Confidential”
information under paragraph 2, the receiving party shall first identify to
the producing party, in writing, the documents, material, or information

that it desires to disclose and the name, title, and job responsibilities of
each such individual to whom the receiving party wishes to disclose the
documents, material or information designated as “Confidential” and the
reasons why the receiving party wishes to disclose such confidential
documents, material or information. The producing party shall, within 48
hours of receiving said written notice, inform the receiving party in
writing whether it consents or objects to the proposed disclosure. The
receiving party may seek a prompt hearing before this Court for an Order
allowing the proposed disclosure and the producing party will cooperate in
obtain such a prompt hearing.
3.

Declassification. If a party objects to the designation of any material as
confidential information, the attorneys for the party will first consult in a good
faith attempt to come to an agreement as to the document, testimony or
information which is claimed to constitute confidential information. Should a
party object to the designation of any material as confidential information and the
parties cannot come to an agreement as to the information, that party may apply to
the Court for a ruling that a document (or category of documents) stamped as
confidential is not entitled to such status and protection. The party or other person
that designated the document as confidential shall be given notice of the
application and an opportunity to respond. To maintain confidential status, the
proponent of confidentiality must show good cause for the document to have such
protection. Until the Court enters an order, if any, changing the designation of the
material, it shall continue to be treated as confidential and as a protected

document as provided in this Order.
4.

Confidential Information in Depositions.
A.

During a deposition, an employee or former employee of Defendant
Walmart or any expert designated by Defendant Walmart may be shown
and examined about stamped confidential documents identified by
Walmart.

B.

Any other deponent may, during the deposition, be shown and examined
about stamped confidential documents if the deponent already knows the
confidential information contained therein or if the provisions of
Paragraph 2 are complied with. Deponents shall not retain or copy
portions of the transcript of their depositions that contain confidential
information not provided by them or the entities they represent unless they
sign the form prescribed in Paragraph 2. A deponent who is not a party or
a representative of a party shall be furnished a copy of this Order before
being examined about, or asked to produce, potentially confidential
documents.

C.

Parties (and deponents) may, within thirty (30) days after receiving a
deposition, designate pages of the transcript (and exhibits thereto) as
confidential. Confidential information within the deposition transcript may
be designated by underlining the portions of the pages that are confidential
and marking such pages with the following legend: “Confidential –
Subject to Protection Pursuant to Court Order.” Under expiration of the
thirty-day period, the entire deposition will be read as subject to protection

against disclosure under this Order. If no party or deponent timely
designates confidential information in a deposition, then none of the
transcript or its exhibits will be treated as confidential; if a timely
designation is made, the confidential portions and exhibits shall be filed
under seal separate from the portions and exhibits not so marked.
5.

Confidential Information at Trial. Subject to the Federal Rules of Evidence,
stamped confidential documents and other confidential information may be
offered in evidence at trial or any court hearing. Any party may move the Court
for an order that the evidence be received in camera or under other conditions to
prevent unnecessary disclosure. The Court will then determine whether the
proffered evidence should continue to be treated as confidential information and,
if so, what protection, if any, may be afforded to such information at the trial.

6.

Subpoena by Other Courts or Agencies. If another court or an administrative
agency subpoenas or orders production of stamped confidential documents that a
party has obtained under the terms of this Order, such party shall promptly notify
the party or other person who designated the document as confidential of the
pendency of such subpoena or order.

7.

Client Communication. Nothing in this Order shall prevent or otherwise restrict
counsel from rendering advice to their clients and, in the course thereof, relying
generally on examination of stamped confidential documents; provided, however,
that in rendering such advice and otherwise communicating with such clients,
counsel shall not make specific disclosure of any item so designated except
pursuant to the procedures of paragraphs 2(B) and (C).

8.

Use. Persons obtaining access to stamped confidential documents under this
Order shall use the information only for preparation and trial of litigation
involving Wal-Mart Stores East, LP, Inc. (including appeals and retrials), and
shall not use such information for any other purpose, including business,
governmental, commercial, administrative, or judicial proceedings.

9.

Modification Permitted. Nothing in this Order shall prevent any party or other
person from seeking modification of this Order or from objecting to discovery
that it believes to be otherwise improper.

10.

Responsibility of Attorneys. The attorneys of record are responsible for
employing reasonable measures, consistent with this Order, to control duplication
of, access to, and distribution of copies of stamped confidential documents.
Parties shall not duplicate any stamped confidential document except working
copies and for filing under seal.
A.

Review of the 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.

B.

The inadvertent, unintentional, or in camera disclosure of confidential
document and information shall not, under any circumstances, be deemed
a waiver, in whole or in part, of any party’s claims of confidentiality.

11.

Within 90 days of the date of termination of this Action through settlement or the
issuance of a final non-appealable order, each party and non-party shall, unless
otherwise agreed, assemble all documents that disclose Confidential Information
in its possession, custody, or control, including copies, and send it to the

producing party.
12.

Each person who receives confidential information submits himself or herself to
the personal jurisdiction of this Court for the enforcement of this Order.

13.

The provisions of this Confidentiality Order shall not terminate with the
disposition of this action, but shall continue in effect until further order of the
Court.

14.

Nothing contained in this Order and no action taken pursuant to it shall prejudice
the right of any party to contest the alleged relevancy, admissibility,
discoverability of the confidential documents and information sought.

SO ORDERED, this 4th day of October, 2019.

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United States Magistrate Judge
U t
United States
ate
Judge
dg
For the Southern District of Georg
Georgia
Consented to by:
BOWEN PAINTER, LLC

/s/ Paul W. Painter_____________
Paul W. Painter
Georgia Bar No. 520965
Attorney for Plaintiff
P.O. Box 8966
Savannah, Georgia 31412
[phone]
DREW ECKL & FARNHAM, LLP

/s/ Michael L. Miller
Michael L. Miller

Georgia Bar No. 508011
303 Peachtree Street NE
Suite 3500
Atlanta, Georgia 30308
[phone]
[e-mail]
DREW, ECKL & FARNHAM, LLP

/s/ Garret W. Meader
Garret W. Meader
Georgia Bar No. 142042
Lisa N. Higgins
Georgia Bar No. 352020
Attorneys for Defendants
777 Gloucester St., Ste. 305
Brunswick, GA 31520
[phone]
[e-mail]
[e-mail]