Venator v. Interstate Resources, Inc. et al
Filing
141
PROTECTIVE ORDER. Signed by Magistrate Judge G. R. Smith on 4/25/16. (wwp)
I.
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DENISE VENATOR, as surviving spouse
of RICKY LEE VENATOR, and as the
Administratrix of the Estate of RICKY LEE
VENATOR,
CIVIL ACTION
FILE NO. 4:15-cv-00086-WTM-GRS
Plaintiff,
vs.
INTERSTATE RESOURCES, INC.,
INTERSTATE PAPER, LLC, and
MICHAEL JOSEPH WINGATE,
Defendants.
pummi
IJ
The discovery sought by Plaintiff involves the production of Confidential Information.
Accordingly, the parties agree to enter into this Consent Protective Order to govern the
production of documents, testimony, and evidence that contains Confidential Information and
agree to be mutually bound by its terms. This agreement applies whether Confidential
Information is produced formally or informally.
1. "Confidential Information" is defined as information in written, oral, electronic or other
form that a party designates as "Confidential Information" in Exhibit A.
2. Any Confidential Information, or copies thereof, that is used or exchanged in this
litigation will be marked "CONFIDENTIAL" on each page. However:
a. Subsequent Designation: Documents and/or materials produced in the litigation
that are not identified as Confidential Information when they were initially
produced may within a reasonable time thereafter be designated as Confidential
by the producing party, or by the party or parties receiving the production, by
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providing written notice to counsel for all other parties. Each party or person who
receives such written notice shall retrieve any Confidential Information that may
have been disseminated and shall thereafter distribute it only as allowed by this
Consent Protective Order. No distribution prior to the receipt of such written
notice shall be deemed a violation of this Consent Protective Order.
3. Confidential Information served on counsel shall be produced separately from nonConfidential Information.
4. Confidential Information shall not be publicly disclosed.
a. If counsel intends to use Confidential Information at a hearing or trial, counsel
shall give at least seven business days notice to the Court and opposing counsel.
A party may move the court to seal the transcript, that evidence be received in
camera, or for other conditions that avoid unnecessary disclosure.
5. Any document a party files with the Court that contains Confidential Information,
including a transcript, shall be filed separately under seal.
a. The filing under seal must include a statement that the contents are confidential
and subject to this Consent Protective Order.
b. The contents shall not be revealed except pursuant to this Consent Protective
Order and to court personnel.
c. The clerk of court is directed to maintain under seal all documents designated as
Confidential Information.
6. Confidential Information shall only be seen by the parties ("parties", for purposes of this
Consent Protective Order, includes named parties, successors-in-interest, and
predecessors-in-interest), their attorneys and agents, and all witnesses with pertinent
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knowledge of Confidential Information, including Swindell, but no one else. The trier of
fact will be allowed to see Confidential Information.
7. Confidential Information may be used for any purpose within this litigation, specifically,
Venator v. Interstate Resources, Inc. et al., U.S.D.C. Southern District of Georgia,
Savannah Division, No. 4:1 5-cv-00086-WTM-GRS.
8. If there is a dispute over who should access Confidential Information, the party seeking
to disclose the information to a particular person must obtain a Court Order and will have
the burden of persuasion.
9. Any court reporter shall agree not to disclose Confidential Information except as
specified in paragraphs four through six.
10. The parties, their attorneys and agents, and all witnesses with pertinent knowledge of
Confidential Information, including Swindell, but no one else, shall maintain all
reasonable safeguards to prevent unauthorized or inadvertent disclosure of Confidential
Information.
11. If Confidential Information is disclosed contrary to the terms of this Consent Protective
Order, counsel shall notify defense counsel within five business days after becoming
aware of the disclosure.
12. The status of evidence as Confidential Information shall not be disclosed to the finder of
fact.
13. Thirty (30) days after termination of this action, including the time for appeal, Plaintiff,
her attorneys, and her agents must return to defense counsel or destroy any and all
Confidential Information and any copies thereof. Plaintiffs attorneys must confirm in
writing the destruction of Confidential Information within thirty days after
termination of this action, including the time for appeal.
14. Neither the termination of this action nor the termination of the employment or
agency of those who had access to Confidential Information shall relieve any
person from maintaining confidentiality. The Court shall retain jurisdiction to
enforce the terms of this Consent Protective Order. Every person who received
Confidential Information submits to the personal jurisdiction of this Court to enforce
this agreement.
15. Nothing in the Consent Protective Order or actions taken pursuant to this agreement
shall be an admission that the information is Confidential Information, and
nothing in this agreement or related to this agreement shall preclude any party from
raising any available objection or seeking any available protection.
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SO ORDERED this$ day of
'2016.
United Sta s Magistrate Judge
Southern District of Georgia
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Exhibit A
Confidential Information includes: any and all evaluations of Ronnie Swindell and any
documents the Court ordered to be produced in its April 15, 2016 Order.
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