Lieber et al v. Wal-Mart Stores East, L.P. et al
Filing
19
ORDER granting 18 Motion for Confidentiality Order. Signed by Magistrate Judge G. R. Smith on 9/26/2012. (loh)
FILED
U S DISTRICT COURT
vANN ill WV.
IN THE UNITED STATES DISTRICT COUR2 SEP 26 PM 5 03
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
tILERK
MARY LIEBER and DAVID LIEIBER,
Plaintiffs,
V.
CIVIL ACTION NO.
4:1 2-C V-OO 1 64-WTM-GRS
WAL-MART STORES EAST, LP,
Defendant.
CONFIDENTIALITY 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, it is,
pursuant to the Court's authority under Fed. R. Civ. P. 26(c)(1)(g) and by consent
of the parties, IT IS ORDERED as follows:
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 Fed. R. Civ. P. 26(c)(1)(g). For purposes of this Order, the term
"document" means all written, recorded, or graphic material, whether
produced pursuant to Fed. R. Civ. P. 26(c)(1)(g), 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 Mary Lieber, et at v. Wal-Mart Stores East, LP, et al,
United States District Court, Southern District of Georgia, Brunswick
Division Civil Action No. 4:12-CV-00164-WTM-GRS, 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; and 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). 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; provided, however, that in all such cases the
individual to whom disclosure is to be made has signed a form,
with a copy of such form to be provided to counsel for WalMart Stores East, LP, prior to production of the confidential
documents or information, containing:
(1)
a recital that the signatory has read and
understands this Order;
(2)
a recital that the signatory understands that
unauthorized disclosures of the stamped
confidential documents constitute contempt of
Court, unless such disclosures are determined by
the Court to be inadvertent or otherwise
unintentional; and,
(3)
a statement that the signatory consents to the
exercise of personal jurisdiction by this Court.
C. Before disclosing a stamped confidential document to any
person listed in subparagraph (a) and (b) who is competitor (or
an employee of a competitor) of the party that so designated the
document, the party wishing to make such disclosure shall give
at least ten (10) days of advance notice in writing to the counsel
who designated such information as confidential, stating the
names and addresses of the person(s) to whom the disclosure
will be made, identifying with particularity the documents to be
disclosed, and stating the purposes of such disclosure. If, within
the ten-day period, a motion is filed objecting to the proposed
disclosure, disclosure is not permissible until the Court has
denied such motion. The Court will deny the motion unless the
objecting party shows good cause why the proposed disclosure
should not be permitted.
3. Declassification. A party (or aggrieved entity permitted by the Court
to intervene for such purpose) 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.
4.
Confidential Information in Depositions.
A.
A deponent may during the deposition be shown and examined
about 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 which
contain confidential information not provided by them or the
entities they represent unless they sign the form prescribed in
Para. 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.
B.
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 Georgia laws of
evidence, stamped confidential documents and other confidential
information may be offered in evidence at trial or any court hearing,
provided that the proponent of the evidence gives ten (10) days'
advance notice to counsel for any party or other person that
designated the information as confidential. 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.
Filing. Stamped confidential documents need not be filed with the
clerk except when required in connection with motions under Fed. R.
Civ. P. 26(c)( 1 )(g) or other matters pending before the Court. If filed,
they shall be filed under seal and shall remain sealed while in the
office of the clerk so long as they retain their status as stamped
confidential documents.
8.
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).
9.
Prohibited Copying. If a document contains information so sensitive
that it should not be copied by anyone, it shall bear the additional
legend "Copying Prohibited." Application for relief from this
restriction against copying may be made to the Court, with notice to
counsel so designating the document.
10. Use. Persons obtaining access to stamped confidential documents
under this Order shall use the information only for preparation and
trial of litigation involving Mary Lieber, et al v. Wal-Mart Stores
East, LP, et al United States District Court, Southern District of
Georgia, Brunswick Division Civil Action No. 4:12-CV-00164WTM-GRS, (including appeals and retrials), and shall not use such
information for any other purpose, including business, governmental,
commercial, administrative, or judicial proceedings.
ii. 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.
12. Responsibility of Attorneys. The attorneys of record, or pro se
parties, 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 in court under seal.
A.
No Waiver.
B.
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.
C. 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.
13. 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, or discoverability of the confidential documents and
information sought.
SO ORDERED, this 'day of S1affQuJk , 2012.
kp4lrJ
ited States District Court
CONSENTED TO BY:
BRANNEN SEARCY & SMITH,
LLP
Mark H. Glidewell
Mark H. Glidewell
Georgia Bar No. 297346
sI
Attorney for Plaintiffs
Office Box 8002
Savannah, GA 31412
Post
DREW ECKL & FARNHAM, LLP
sI Jeffrey S. Ward
Hall F. McKinley
Georgia Bar No. 495512
Michael L. Miller
Georgia Bar No. 508011
Jeffrey S. Ward
Georgia Bar No. 737277
Attorne ys for Defendant
Gloucester St., Suite 303
Brunswick, GA 31520
Tel. (912) 280-9662
Fax (912) 267-0654
Jward@deflaw.com
777
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