Harris v. Wal-Mart Stores, Inc. et al

Filing 12

Consent Confidentiality Order re 10 Report of Rule 26(f) Planning Meeting. Signed by Magistrate Judge G. R. Smith on 3/19/18. (wwp)

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IN THELJITED STATES
DISTRICT
COURT
FORTHESOUTHERN
DISTRICT GEORGIA
OF
SAVANNAHDIVISION
MARILYN P. HARRIS,
ct

.*
CIVIL ACTION
NO.
frl
4:18-cv-00028-JRH-GRS

Plaintiff,

a
WAL-MARTSTORES,
INC. and/or
WAL-MARTSTORES
EAST,LP,

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Defendants.
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coNsgNT

COI{FIDENTTALTTY ORDER

The partiesto this action have come beforethe Court requesting confidentialityorder.
a
The partiesagreeand consent
that the "good cause"requirement Fed. R. Civ. p. 26(c)(l)
of
exists in this case in order to expedite the flow of discovery material, facilitate the prompt
resolution of disputes over confidentiality, adequatelyprotect material entitled to be kept
confidential, and ensurethat protection i$ afforded only to material so entitled. The panies
further consentand agreethat a mu.ltitudeof confidentialand proprietarycorporatedocuments
which will be requested producedin this iitigation necessitate protectiveorder spedfica)ly
and
a
in regard to those that include financial, trade secret, confidential or proprietary business
information. After careful consideration, court finds that the "good cause"requirementof
the
Fed.R Civ. P. 26(c)(l ) hasbeenmet and thereforeGRANTS the Parties'request a protective
for
order as set forth below. However, nothing in this order shall be construedas allowing the
partiesto file any documents
undersealwithout the permissionof the Court. Shouldthe parties
seekro file documents
under seal,thej,must fdlow andcomfly with the procedures fo4h in
set
this Court'sLocalRule 79.7

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Case4:18-cv-00028-JRH-GRS

l.

Non-disclosure cf Stamped Confidentiat Documents' Excep with the

prior written consent of the party or other person originally designatinga
documentto be stampedas a confidentialdocument,or as hereinafterprovided
under this Order, no stampedconfidential documentmay be disclosedto any
person. A "stampedConfidentialDocument"meansany documentwhich bears
the legend (or which shall otherwisehave had the legendrecordedupon it in a
examiner) "Confidential" to
way that brings it to the attentionof a reasonable
signify that it contains information believed to be subject to protection under
F.R.C.P.26. For purposes this Order,the term "document"meansall written,
of
recorded, or graphic material, whether produced pursuant to F.R.C.P. 34'
subpoena,by agreement,or otherwise. Interrogatory answers, responsesto
requestsfor admission,depositiontranscriptsand exhibits, pleadings,motions,
affidavits, and briefs that quote, summarize,or contain materials entitled to
but, to the
confidentialdocument,
protectionmay be accorded
statusas a stamped
extent feasible, shall be prepared in such a manner that the confidential
from that not entitledto protection.
informationis bound separaitely
2.

Permissible Disclosure. Notwithstanding Paragraph 1, stamped confidential
documentsmay be disclosedto counselfor the parties in this action who are
in
actively engaged the coqductof litigation involving Wal-Mart StoresEast,LP
(hereinafter "Walmart") and Coca-Cola Bottling Company United, Inc.
(hereinaller "CCBCU'); to the partners, associates,secretaries, paralegal
necessary
to
of
assistants, employees such counselto the extent reasonably
and
with prior knowledgeof
servicein such litigation; to persons
renderprofessional

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the documents the confidentialinformationcontained
or
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
appointedby the Court); and to the partiesin this case.Subjectto the provisions
(C),
of subparagraph suchdocuments
may alsobe disclosed:
A.

to any persondesignated the Court in the interestofjustice, upon such
by
termsasthe Court may deemproper;and
B.

to personsnoticed for depositions designated trial witnesses
as
or
to the extentrcasonably
necessary preparingto testify; to outside
in
consultants expertsretainedfor the purposeof assisting
or
counsel
in the litigation; to employees partiesinvolved solely in one or
of
more aspects organizing,filing, coding, converting,storing,or
of
retrievingdata or designingprogramsfor handlingdata connected
with this action, including the performanceof such duties in
relation to a computerized litigation support system; and to
employeesof third-party contractorsperforming one or more of
thesefunctions; to any person serving as a juror in a trial of the
captioned matter; or any other person designatedby written
agreement
between partiesor the subsequont
the
order of the Court
afterreasonable
noticeto 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"

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informationunder paragraph2, the receivingparty shall first identif,, to
the producingparty, in writing, the documents,
material, or information
that it desiresto discloseand the name, title, and job responsibilities
of
each such individual to whom the receiving party wishesto disclosethe
documents,
material or informationdesignated "Confidential" and the
as
reasonswhy the receiving party wishes to disclose such confidential
documents,
materialor information. The producingparty shall,within 48
hours of receiving said written notice, inform the receiving party in
writing whether it consentsor objects to the proposeddisclosure.The
receivingparty may seeka prompt hearingbeforethis Court for an Order
allowing the proposed
party will cooperate
in
disclosure
and the produc.ing
obtainsucha prompthearing.
3.

Declassification. If a party objects to the designation of any material as
confidential information,the attomeysfor the party will first consult in a good
faith attempt to come to an agreementas to the document, testimony or
information which is claimed to constitute confidential information. Should a
party objectto the designation any materialas confidentialinformationand the
of
partiescannotcometo an agreement to the information,that party may apply to
as
the Court for a ruling that a document (or category of documents) stamped as
confidentialis not entitledto suchstatusand protection.The party or otherperson
that designatedthe document as confidential shall be given notice of the
application and an opportunity to respond.To maintain confidential status,the
proponentof confidentialitymust show good causelor the document havesuch
to

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protection.Until the Court entersan order,if any. changingthe designation
ofthe
material, it shall continue to be treated as confidential and as a protected
document providedin this Order.
as
4.

Confidential Information in Depositions.
A.

During a deposition, an employee or former employee of Defendant
Walmart or any expert designated DefendantWalmarl may be shown
by
and examined about stamped confidential documents identified by
Walmart, and an employeeor former employeeof DefendantCCBCU or
any expertdesignated DefendantCCBCU may be shownand examined
by
aboutstamped
confidentialdocuments
identifiedby CCBCU

B.

Any other deponentmay, during the deposition,be shown and examined
about stamped
confidentialdocuments the deponentalreadyknows the
if
confidential information contained therein or if the provisions of
Paragraph2 are complied with. Deponents shall not retain or copy
portions of the transcript of their depositionsthat contain confidential
informationnot providedby them or the entitiesthey represent
unlessthey
sign the form prescribedin Paragraph A deponent
2.
who is not a partyor
a representative a party shall be furnisheda copy of this Order before
of
being examined about, or asked to produce, potentially confidential
documents.
Parties (and deponents)may, within thirty (30) days after receiving a
deposition, designatepages of the transcript (and exhibits thereto) as
confidential.Confidentialinformationwithin the depositiontranscriptmay

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I

be designated underliningthe portionsofthe pagesthat areconfidential
by
and marking such pages with the following legendl "Confidential Subjectto ProtectionPursuantto Couft Order." Under expiration of the
thirty-dayperiod,the entiredeposition
will be readas subjectto proteotion
against disclosure under this Order. If no party or deponent timely
designatesconfidential information in a deposition, then none of the
transcript or its exhibits will be treated as confidential; if a timely
designation made,the confidentialportions and exhibits shall be filed
is
underseal separate
ftom thepordonsand exhjbitsnot so marked.

5.

Confidential Information at Trial. Subjectto the Federal
Rulesof Evidence,
stamped conlidential documents and other confidential information may be
offered in evidenceat trial or any court hearing.Any party may move the Court
for an order that the evidence receivedin cameraor underother conditionsto
be
prevent unnecassary
disclosure. The Court will then determine whether the
profferedevidenceshouldcontinueto be treatedas confidentialinformationand.
if so,what protection,if any,may be affordedto suchinformationat the trial.
Subpoenaby Other Courts or Agencies.If anothercourt or an administrativo
agencysubpoenas ordersproductionof stamped
or
confidentialdocuments
that a
party has obtainedunderthe termsofthis Order,suchparty shall promptly notify
the party or other person who designated
the documentas confidential of the
pendency suchsubpoena order.
of
or

7.

C)ient Communicafion. Nodlilg in thjs Orders}a.lJ
preventor otherwiserestricf
counselfrom renderingadviceto their clients and, in the coursethereof, relying

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generallyon examination stamped
confidentialdocuments;
provided,however,
of
that in rendering such advice and otherwise communicatingwith such clients,
counsel shall not make specific disclosureof any item so designatedexcept
pursuantto the procedures
2(B) and (C).
ofparagraphs
8.

Use. Personsobtaining acoessto stampedconfidential documentsunder this
Order shall use the information only for preparation and trial of litigation
involving Wal-Mart StoresEast,LP and./or
Coca-ColaBottling CompanyUnited,
Inc. (including appealsand retrials),and shall not use such informationfor any
govemmental,
other purpose,including business,
commercial,administrative,
or
judicialproceedings.

9.

Modification Permitted. Nothing in this Order shall preventany party or other
person from seekingmodification of this Order or from objectingto discovery
thatit believes be otherwise
to
improper.

10.

Responsibility of Attorneys. The attorneys of record are responsible for
employingreasonable
measures,
consistent
with this Order,to control duplication
of, accessto, and distribulion of copies of stamped confidentia.ldocuments.
Parties shall not duplicate any stampedconfidential documentexcept working
copiesand for filing underseal.
A.

Review of the confidential documents and information by counsel,
experts,or consultants the litigants in the litigation shall not waive the
for
confidentialityofthe documents objectionsto production.
or

B.

The inadvertent,unintentional,or in camera disclosureof confidential
documentand inforrnationshall not, underany circumstances, deemed
be

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a waiver, in whole or in part,of anyparty's claimsof confidentiality.
.

Within 90 daysof the dateof terminationof this Action throughsettlement the
or
issuance a final non-appealable
of
order, each party and non-party shall, unless
otherwiseagreed,assemble documents
all
that discloseConfidentialInformation
in its possession,custody, or control, including copies, and send it to the
producingparty.

12.

Each personwho receivesconfidentialinformation submitshimself or herselfto
jurisdiction of this Court for the enforcement this Order.
the personal
of

t.),

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

14.

Nothing containedin this Order and no action takenpursuantto it shall prejudice
the right of any party to contest the alleged relevancy, admissibility,
discoverability the confidentialdocuments informationsought.
of
and

so oRDERED, FV
this

day dhaa-^r( ,zots.
ot

United States
MagistrateJudge
For the Southern
District of Georsia

Consented by:
to

164Sequoia
Circle
Hinesville,
GA
[phone]
mharriruraril)
harris?
gmail.com

/s,A4arilynn Harris
P.
Marilynn P. Hanis
Pro se

_

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DREW, ECKL & FARNIIAM, LLP

777Gloucester
Street,
Suite305
Brunswick, 31520
GA
(9t2) 280-e662
gmeader(."i)dell
aw.corn

/s/GanetW. Meader
GarretW. Meader
Georgia No. 142402
Bar
Attomeysfor D efendants