Banks et al v. Wal-Mart Stores, East, LP et al
Filing
20
ORDER granting 13 Motion for Confidentiality Order. Signed by Magistrate Judge G. R. Smith on 5/22/2013. (loh)
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01115113
Page 1 of 11
U. S
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ANGELA and GEOFFREY BANKS )
)
Plaintiffs,
)
)
V.
)
)
WAL-MART STORES EAST, LP
Defendant.
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LUtiW1I
L )
ERK
CIVIL ACTION FILE
NO. 4:12-cv-00276
)
)
)
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
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01/15/13 Page 2 of 11
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
Angela and Geoffrey Ranks v. Wal-Mart Stores East, LP, United States
District Court, Southern District of Georgia, Savannah Division Civil
Action No. 4:1 2-cv-00276 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
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01115113 Page 3 of 11
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 Wal-Mart
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01/15/13 Page 4 of 11
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
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01/15/13 Page 5 of 11
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
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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.
Case 4:12-cv-00276-.WTM-GRS Document 13-1 Filed 01/15/13 Page 7 of 11
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
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01115113 Page 8 of 11
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.
.
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 Angela and Geoffrey Banks
V.
Wal-Mart Stores East,
LP, United States District Court, Southern District of Georgia, Savannah
Division Civil Action No. 4:12-cv-00276, (including appeals and
retrials), and shall not use such information for any other purpose,
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01/15/13 Page 9 of 11
including business, governmental, commercial, administrative, or judicial
proceedings.
11.
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.
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01115/13
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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.
IT IS SO ORDERED thisy of
Ar
-'*Xt-
'2013
Ju,Uni d States District Court
Case 4:12-cv-00276-WTM-GRS Document 13-1 Filed 01115/13 Page 11 of 11
Order consented to by:
Tate Law Group, LLC
SI Meg S. Helstowski
Mark A. Tate
Georgia Bar No. 698820
Meg S. Helstowski
Georgia Bar No. 847497
Attorneys for Plaintiffs
2 East Bryan Street, Suite 600
Savannah, GA 31412
DREW ECKL & FARNHAM,
LLP
s/ Jeffrey S. Ward
Hall F. McKinley
Georgia Bar No. 495512
Michael L. Miller
Georgia Bar No. 508011
Jeffrey S. Ward
Georgia Bar No. 737277
Attorneys for Defendants
777 Gloucester St., Suite 303
Brunswick, GA 31520
(912)280-9662
hmickinley@deflaw.com
mmiller@deflaw.com
jward@deflaw.com
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