Csigay v. Allstate Indemnity Company

Filing 21

CONFIDENTIALITY ORDER granting 18 Consent Motion for Confidentiality Order. Signed by Honorable Joseph F Anderson, Jr on 08/26/2010.(bshr, )

C s i g a y v. Allstate Indemnity Company

D o c . 21

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B I A DIVISION R u s s e ll Csigay, P l a in tif f , vs. A lls ta te Indemnity Company, D e f e n d a n t. ) ) ) ) ) ) ) ) ) C / A No. 3:10-896-JFA

Confidentiality Order

Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated th a t certain discovery material is and should be treated as confidential, and have agreed to th e terms of this order; accordingly, it is this 26th day of August, 2010, ORDERED: 1. S c o p e . All documents produced in the course of discovery, all responses to

d is c o v e ry requests and all deposition testimony and deposition exhibits and any other m a te ria ls which may be subject to discovery (hereinafter collectively "documents") shall be s u b je c t to this Order concerning confidential information as set forth below. 2. F o r m and Timing of Designation. Confidential documents shall be so

d e sig n a te d by placing or affixing the word "CONFIDENTIAL" on the document in a manner w h ich will not interfere with the legibility of the document and which will permit complete re m o v a l of the Confidential designation. Documents shall be designated CONFIDENTIAL p r io r to, or contemporaneously with, the production or disclosure of the documents. In a d v e rte n t or unintentional production of documents without prior designation as c o n f id e n ti a l shall not be deemed a waiver, in whole or in part, of the right to designate d o cu m en ts as confidential as otherwise allowed by this Order. 3. D o c u m e n ts Which May be Designated Confidential. 1 Any party may

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d e sig n a te documents as confidential but only after review of the documents by an attorney1 w h o has, in good faith, determined that the documents contain information protected from d is c lo s u re by statute, sensitive personal information, trade secrets, or confidential research, d e v e lo p m e n t, or commercial information. The certification shall be made concurrently with th e disclosure of the documents, using the form attached hereto at Attachment A which shall b e executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure. In f o rm a tio n or documents which are available in the public sector may not be designated as c o n f id e n tia l. 4. D e p o s it io n s . Portions of depositions shall be deemed confidential only if

d e sig n a te d as such when the deposition is taken or within seven business days after receipt o f the transcript. Such designation shall be specific as to the portions to be protected. 5. a. P r o te c tio n of Confidential Material. G e n e r a l Protections. Documents designated CONFIDENTIAL under this

O rd e r shall not be used or disclosed by the parties or counsel for the parties or any o th e r persons identified below (¶ 6.b.) for any purposes whatsoever other than p re p a rin g for and conducting the litigation in which the documents were disclosed ( in c lu d in g any appeal of that litigation). The parties shall not disclose documents d e sig n a ted as confidential to putative class members not named as plaintiffs in p u ta tiv e class litigation unless and until one or more classes have been certified. b. L im ite d Third Party Disclosures. The parties and counsel for the parties

s h a ll not disclose or permit the disclosure of any documents designated

The attorney who reviews the documents and certifies them to be CONFIDENTIAL must be admitted to the Bar of at least one state but need not be admitted to practice in the District of South Carolina and need not apply for pro hac vice admission. By signing the certification, counsel submits to the jurisdiction of this court in regard to the certification.

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C O N F I D E N T IA L under the terms of this Order to any other person or entity except a s set forth in subparagraphs (1)-(5) below, and then only after the person to whom d is c lo s u re is to be made has executed an acknowledgment (in the form set forth at A tta c h m e n t B hereto), that he or she has read and understands the terms of this Order a n d is bound by it. Subject to these requirements, the following categories of persons m ay be allowed to review documents which have been designated CONFIDENTIAL p u rsu a n t to this Order: (1 ) c o u n s e l and employees of counsel for the parties who have

re sp o n sib ility for the preparation and trial of the lawsuit; (2) p a rtie s and employees of a party to this Order but only to the extent

co u n sel shall certify that the specifically named individual party or employee's a ss is ta n c e is necessary to the conduct of the litigation in which the information is disclosed 2 ; (3 ) c o u rt reporters engaged for depositions and those persons, if any,

s p e c i f i c a l ly engaged for the limited purpose of making photocopies of d o c u m e n ts; (4) c o n su ltan ts, investigators, or experts (hereinafter referred to collectively

a s "experts") employed by the parties or counsel for the parties to assist in the p re p a ra tio n and trial of the lawsuit; and (5 ) o th e r persons only upon consent of the producing party or upon order

o f the court and on such conditions as are agreed to or ordered.

At or prior to the time such party or employee completes his or her acknowledgment of review of this Order and agreement to be bound by it (Attachment B hereto), counsel shall complete a certification in the form shown at Attachment C hereto. Counsel shall retain the certification together with the form signed by the party or employee.

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c.

C o n tr o l of Documents. Counsel for the parties shall take reasonable efforts

to prevent unauthorized disclosure of documents designated as Confidential pursuant to the terms of this order. Counsel shall maintain a record of those persons, including e m p lo ye e s of counsel, who have reviewed or been given access to the documents a lo n g with the originals of the forms signed by those persons acknowledging their o b lig atio n s under this Order. d. C o p ies. All copies, duplicates, extracts, summaries or descriptions (hereinafter

re f erre d to collectively as "copies"), of documents designated as Confidential under th is Order or any portion of such a document, shall be immediately affixed with the d e sig n a tio n "CONFIDENTIAL" if the word does not already appear on the copy. All su ch copies shall be afforded the full protection of this Order. 6. F ilin g of Confidential Materials. In the event a party seeks to file any

m a te ria l that is subject to protection under this Order with the court, that party shall take a p p ro p ria te action to insure that the documents receive proper protection from public d is c lo s u r e including: (1) filing a redacted document with the consent of the party who d e sig n a te d the document as confidential; (2) where appropriate (e.g. in relation to discovery a n d evidentiary motions), submitting the documents solely for in camera review; or (3) w h e re the preceding measures are not adequate, seeking permission to file the document u n d e r seal pursuant to the procedural steps set forth in Local Civil Rule 5.03, DSC, or such o ther rule or procedure as may apply in the relevant jurisdiction. Absent extraordinary c irc u m sta n c e s making prior consultation impractical or inappropriate, the party seeking to s u b m it the document to the court shall first consult with counsel for the party who designated th e document as confidential to determine if some measure less restrictive than filing the d o c u m e n t under seal may serve to provide adequate protection. This duty exists irrespective

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o f the duty to consult on the underlying motion. Nothing in this Order shall be construed as a prior directive to the Clerk of Court to allow any document be filed under seal. The parties u n d e rs ta n d that documents may be filed under seal only with the permission of the court after p ro p e r motion pursuant to Local Civil Rule 5.03. 7. G r e a t e r Protection of Specific Documents. No party may withhold

in f o rm a tio n from discovery on the ground that it requires protection greater than that a f f o rd e d by this Order unless the party moves for an Order providing such special protection. 8. C h a lle n g e s to Designation as Confidential. Any CONFIDENTIAL

d e s ig n a tio n is subject to challenge. c h a ll e n g e . a.

The following procedures shall apply to any such

T h e burden of proving the necessity of a Confidential designation remains with

th e party asserting confidentiality. b. A party who contends that documents designated CONFIDENTIAL are not

e n title d to confidential treatment shall give written notice to the party who affixed the d e sig n a tio n of the specific basis for the challenge. The party who so designated the d o c u m e n ts shall have fifteen (15) days from service of the written notice to determine if the dispute can be resolved without judicial intervention and, if not, to move for an O rd e r confirming the Confidential designation. c. N o tw ith sta n d in g any challenge to the designation of documents as confidential,

a ll material previously designated CONFIDENTIAL shall continue to be treated as s u b j e c t to the full protections of this Order until one of the following occurs: (1 ) th e party who claims that the documents are confidential withdraws

s u c h designation in writing; (2 ) th e party who claims that the documents are confidential fails to move

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tim e ly for an Order designating the documents as confidential as set forth in p ara g rap h 9.b. above; or (3) the court rules that the documents should no longer be designated as

c o n f id e n tia l information. d. C h a lle n g e s to the confidentiality of documents may be made at any time and

a re not waived by the failure to raise the challenge at the time of initial disclosure or d e s ig n a tio n . 9. a. T r e a tm e n t on Conclusion of Litigation. O r d e r Remains in Effect. All provisions of this Order restricting the use of

d o c u m e n ts designated CONFIDENTIAL shall continue to be binding after the c o n c lu s io n of the litigation unless otherwise agreed or ordered. b. R e tu r n of CONFIDENTIAL Documents. Within thirty (30) days after the

c o n c lu s io n of the litigation, including conclusion of any appeal, all documents treated a s confidential under this Order, including copies as defined above (¶6.d.) shall be re tu rn e d to the producing party unless: (1) the document has been entered as evidence o r filed (unless introduced or filed under seal); (2) the parties stipulate to destruction in lieu of return; or (3) as to documents containing the notations, summations, or other m e n t a l impressions of the receiving party, that party elects destruction. N o tw ith s ta n d in g the above requirements to return or destroy documents, counsel may re ta in attorney work product including an index which refers or relates to information d e sig n a ted CONFIDENTIAL so long as that work product does not duplicate v erb atim substantial portions of the text of confidential documents. This work

p ro d u c t continues to be Confidential under the terms of this Order. An attorney may u s e his or her work product in a subsequent litigation provided that its use does not

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d i sc lo s e the confidential documents. 10. O r d e r Subject to Modification. This Order shall be subject to modification

o n motion of any party or any other person who may show an adequate interest in the matter to intervene for purposes of addressing the scope and terms of this Order. The Order shall n o t, however, be modified until the parties shall have been given notice and an opportunity to be heard on the proposed modification. 11. N o Judicial Determination. This Order is entered based on the

re p re s e n ta tio n s and agreements of the parties and for the purpose of facilitating discovery. N o th in g herein shall be construed or presented as a judicial determination that any specific d o c u m e n t or item of information designated as CONFIDENTIAL by counsel is subject to p ro te c tio n under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such tim e as a document-specific ruling shall have been made. 12. Persons Bound. This Order shall take effect when entered and shall be

b in d in g upon: (1) counsel who signed below and their respective law firms; and (2) their r e sp e c t iv e clients. IT IS SO ORDERED.

A u g u st 26, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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ATTACHM ENT A C E R T I F I C A T I O N BY COUNSEL OF DESIGNATION O F INFORMATION AS CONFIDENTIAL IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION R u s s e ll Csigay, P l a in tif f , vs. Allstate Indemnity Company, D e f e n d a n t. ) ) ) ) ) ) ) ) ) C / A No. 3:10-896-JFA Certification by Counsel of Designation of Information as Confidential

D o c u m e n ts produced herewith [whose bates numbers are listed below (or) which a r e listed on the attached index] have been marked as CONFIDENTIAL subject to the C o n fid en tiality Order entered in this action which Order is dated [confidentiality order date]. B y signing below, I am certifying that I have personally reviewed the marked d o c u m e n ts and believe, based on that review, that they are properly subject to protection u n d er the terms of Paragraph 3 of the Confidentiality Order. C h e c k and complete one of the two options below. Q Q I am a member of the Bar of the United States District Court for the District o f South Carolina. My District Court Bar number is [District Court Bar #]. I am not a member of the Bar of the United States District Court for the D is tr ic t of South Carolina but am admitted to the bar of one or more states. T h e state in which I conduct the majority of my practice is [state in which I p ra c tic e most] where my Bar number is [that state's Bar #]. I understand that b y completing this certification I am submitting to the jurisdiction of the U n ite d States District Court for the District of South Carolina as to any matter re la tin g to this certification. [ S i g n a t u r e of Counsel [s/name]] S ig n a tu re of Counsel [ P r in t e d Name of Counsel [A]] P r in te d Name of Counsel

D ate: [date attachment A signed]

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ATTACHM ENT B A C K N O W L E D G M E N T OF UNDERSTANDING AND A G R E E M E N T TO BE BOUND IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION R u s s e ll Csigay, P l a in tif f , vs. A lls ta te Indemnity Company, D e f e n d a n t. ) ) ) ) ) ) ) ) ) C / A No. 3:10-896-JFA Acknowledgment of Understanding and Agreement to be Bound

The undersigned hereby acknowledges that he or she has read the Confidentiality O rd e r dated [confidentiality order date], in the above captioned action, understands the te rm s thereof, and agrees to be bound by such terms. The undersigned submits to the ju risd ictio n of the United States District Court for the District of South Carolina in m a tte rs relating to the Confidentiality Order and understands that the terms of said Order o b lig a te him/her to use discovery materials designated CONFIDENTIAL solely for the p u rp o s e s of the above-captioned action, and not to disclose any such confidential in f o rm a tio n to any other person, firm or concern. T h e undersigned acknowledges that violation of the Stipulated Confidentiality O rd e r may result in penalties for contempt of court. N am e: [u n d ersig n ed name [att B]] Jo b Title: [Jo b Title [att B]] E m p l o ye r : [E m p lo yer [att B]] Business Address: [B u sin e s s Address [att B]] Date: [date attachment B signed] [Signature [attachment B]] S ignature

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ATTACHM ENT C C E R T I F I C A T I O N OF COUNSEL OF NEED FOR ASSISTANCE OF PARTY/EMPLOYEE IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION R u s s e ll Csigay, P l a in tif f , vs. A lls ta te Indemnity Company, D e f e n d a n t. ) ) ) ) ) ) ) ) ) C / A No. 3:10-896-JFA Certification of Counsel of Need for Assistance of Party/Employee

P u r s u a n t to the Confidentiality Order entered in this action, most particularly the p ro v isio n s of Paragraph 6.b.2., I certify that the assistance of [name of assistant [att C]] is re a so n a b ly necessary to the conduct of this litigation and that this assistance requires the d is c lo s u re to this individual of information which has been designated as C O N F ID E N T IA L . I have explained the terms of the Confidentiality Order to the individual named a b o v e and will obtain his or her signature on an "Acknowledgment of Understanding and A g re e m e n t to be Bound" prior to releasing any confidential documents to the named in d iv id u a l and I will release only such confidential documents as are reasonably n e c es s a ry to the conduct of the litigation. T h e individual named above is: Q Q A named party; A n employee of named party [employee of named party]. This employee's jo b title is [employee's job title] and work address is [employee's work ad d ress]. [Signature [attachment C]] S ign ature

D a te: [date attachment C signed]

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