Sutherland v. Sun Life Assurance Company of Canada
Filing
8
CONFIDENTIALITY STIPULATION AND ORDER granting 7 Motion For Entry of Consented To Confidentiality Stipulation and Order. Signed by Magistrate Judge David S. Cayer on 9/1/16. (tob)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
FREDERICK SUTHERLAND,
Plaintiff,
v.
SUN LIFE ASSURANCE COMPANY
OF CANADA,
Defendant.
:
:
: CIVIL ACTION
:
: NO.: 3:16-CV-00182-FDW-DSC
:
:
:
:
:
:
CONFIDENTIALITY STIPULATION AND ORDER
It is hereby stipulated and agreed, by and between the attorneys for the respective
parties, as follows:
1.
This Stipulation and Order governs the handling of information defined in
paragraph 2 hereof as “Confidential Discovery Material” that is produced in connection
with this litigation by Defendant, Sun Life Assurance Company of Canada.
2.
For purposes of this Stipulation and Order, Confidential Discovery Material
shall include any documents or information produced by Sun Life in response to Plaintiff’s
discovery requests which are deemed proprietary or otherwise confidential and marked as
Confidential, including but not limited to: Sun Life’s CLAIMS MANUAL, which
CLAIMS MANUAL is being produced subject to this Agreement and its pages have been
Bates labeled ConfProd001 to ConfProd006 for identification.
Should additional
confidential materials become subject to production, said documents shall be similarly
Bates labeled with consecutive numbers.
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3.
Except as otherwise provided herein, all Confidential Discovery Material
shall be deemed to be confidential and may be used by the persons receiving it only for the
purpose of preparing for and conducting pre-trial and trial proceedings, for motions and
court papers, and appeals, if any in this action and for no other purpose.
4.
Except as otherwise provided herein and except as may be required by law,
Confidential Discovery Material may be disclosed by the parties or their attorneys only to
the following persons and only after full compliance with paragraph 5:
(a)
attorneys appearing as counsel of record for any party or attorneys retained
in any capacity to assist in the litigation;
(b)
employees or agents of counsel of record for any party to assist in the
preparation of this litigation;
(c)
consultants or experts retained by any party in connection with this
litigation, to the extent deemed necessary by each counsel of record for the prosecution or
defense of this litigation;
(d)
stenographers or court reporters in connection with the reporting of sworn
testimony;
(e)
the Court, if filed or introduced pursuant to paragraph 8; and
(f)
any person if authorized in writing by the party producing the confidential
discovery material.
5.
Any person given access to any Confidential Discovery Material (except for
the parties and their counsel of record, who shall be deemed bound by this Stipulation and
Order, and except for persons referred to in paragraphs 4(d) and 4(e) of this stipulation)
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shall, prior thereto, be provided with a copy of this Stipulation and Order and shall execute
an affidavit in the same form and with the same content as the affidavit and annexed hereto
as Exhibit A. A copy of each such executed affidavit shall be delivered to counsel of record
for the other parties promptly after its execution.
6.
The parties, their counsel and other persons given access to Confidential
Discovery Material pursuant to this Stipulation and Order shall only make such copies of
Confidential Discovery Material as may be reasonably necessary for the preparation of pretrial proceedings, motions, court papers, trial or appeal. Any copies made shall be held as
Confidential Discovery Material and shall be destroyed promptly after they are used or, in
the alternative, returned to the party that produced it.
7.
Notwithstanding any provision herein, any party may use Confidential
Discovery Material in the taking of depositions of parties or non-parties or at the trial;
provided, however, that the party producing the confidential discovery material may
designate in writing any portion of the transcript of any deposition at which reference is
made to such Confidential Discovery Material as “Confidential” in which case such paper
shall be subject to the same restrictions as the documents themselves.
8.
Confidential Discovery Material may be referred to in motions, briefs, and
other court papers in this action, provided that unless the party producing the Confidential
Discovery Material otherwise agrees in writing prior to such reference, no such documents,
nor any portion thereof, nor any information contained therein shall be used for any of
these purposes unless the paper in which it is used is appropriately marked “Confidential”
and, if filed, is filed under seal with the Clerk, to the extent permissible under applicable
court rules and procedures.
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9.
Nothing herein shall operate as an admission by any patty that any particular
Confidential Discovery Material is, or is not, admissible and evidence in this action.
10.
Upon final determination of this action, including appeals, if any, each
person in possession of documents, or copies thereof, constituting confidential discovery
material shall assemble and return such documents or copies thereof to the party that
produced it.
11.
Any person desiring relief from the provisions herein or further protection
with respect to discovery may, if agreement cannot be reached, upon ten days notice to
counsel of record for each respective party to this action, seek appropriate relief from the
Court.
SO ORDERED.
Signed: September 1, 2016
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WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP
By: ______________________________
J. Lynn Bishop, Esquire
101 North McDowell Street, Suite 206
Charlotte, NC 28204
704.376.7461 / 704.335.1899 (f)
Attorneys for Plaintiff,
Frederick Sutherland
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By: ______________________________
Hannah Symonds, Esquire
260 Franklin Street, 14th Floor
Boston, MA 02110
215.627.6900 / 215.627.2665 (f)
Attorneys for Defendant, Sun Life
Assurance Company of Canada
EXHIBIT “A”
1169936v.1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA (CHARLOTTE)
FREDERICK SUTHERLAND,
Plaintiff,
v.
SUN LIFE ASSURANCE COMPANY
OF CANADA,
Defendant.
:
:
: CIVIL ACTION
:
: NO.: 3:16-CV-00182-FDW-DSC
:
:
:
:
:
:
AFFIDAVIT
______________________________________, being sworn, deposes and states
as follows:
I understand that I am being given access to documents, information or other
Confidential Discovery Material pursuant to a Confidentiality Stipulation and Order in
the above-captioned action. I have read the Confidentiality Stipulation and Order and
agree to be bound by its terms.
Subscribed and sworn to before me this
day
Notary Public
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, 20__.
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