Weekly v. Oceana Resorts LLC et al

Filing 51

CONSENT CONFIDENTIALITY ORDER. Signed by Magistrate Judge Kaymani D West on 9/5/2012. (mcot, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Cathy Weekly,

) CASE NO. 4:11-cv-01462-TLW-KDW
)
Plaintiff,
)
)
vs.
)
) CONSENT CONFIDENTIALITY
Oceana Resorts, LLC and Bay Watch Resort, )
ORDER
LLC, jointly and/or severally d/b/a Bay Watch )
Resort and Conference Center,
)
)
Defendants.
)

CONSENT CONFIDENTIALITY ORDER

WHEREAS the parties (the “Parties”) to this Consent Confidentiality Order (the “Order”)
have stipulated that certain discovery material is, and should be, treated as confidential pursuant to
the terms of this Order;
Therefore, it is hereby ORDERED that the Parties shall be subject to the following:
1.

Scope. Plaintiff’s responses to Defendants’ Interrogatories Numbers 19 and 20, Request

to Produce Number 20 and any Documents obtained by Defendants pursuant to such disclosures
(hereinafter collectively the “Documents”1) shall be subject to this Order concerning confidential
information as set forth below.
2.

Protection of Confidential Material.
a.

General Protections. Confidential Documents under this Order shall not be used
or disclosed by the parties or counsel for any purposes whatsoever other than
preparing for and conducting the litigation in which the documents were disclosed

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Interrogatory Number 19 requests information related to Plaintiff’s checking accounts,
Interrogatory Number 20 requests Plaintiff’s credit card information and Request for Production
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(including any appeal of that litigation).
b.

Limited Third Party Disclosures. The Parties and counsel for the Parties are
permitted to review documents which have been designated as confidential
pursuant to this Order. The Parties and counsel for the Parties shall not disclose or
permit the disclosure of any documents designated confidential under the terms of
this Order to any other person or entity except as set forth in subparagraphs (i)-(iv)
below. Subject to these requirements, the following categories of persons may be
allowed to review documents which have been designated confidential pursuant to
this Order:
i.

court reporters engaged for depositions and those persons, if any,
specifically engaged for the limited purpose of making photocopies of
documents;

ii.

consultants, investigators, or experts (collectively the “Experts”)
employed by the Parties or counsel for the Parties to assist in the
preparation and trial of the lawsuit;

iii.

other persons only upon consent of the producing party or upon order
of the court and on such conditions as are agreed to or ordered; and

iv.

mediator(s) and employees of mediator(s) who have been engaged by
the Parties and have responsibility for the preparation and mediation of
the lawsuit.

c.

Control 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.

d.

Copies. All copies, duplicates, extracts, summaries or descriptions (hereinafter

Number 20 seeks Plaintiff’s cell phone numbers.
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referred to collectively as “copies”), of documents designated as confidential under
this Order or any portion of such a document, shall be immediately affixed with the
designation CONFIDENTIAL if the word does not already appear on the copy.
All such copies shall be afforded the full protection of this Order.
3.

Filing of Confidential Materials. In the event a party seeks to file any material that is

subject to protection under this Order with the court, that party shall take appropriate action to insure
that the documents receive proper protection from public disclosure including: (1) filing a redacted
document with the consent of the party who designated the document as CONFIDENTIAL; (2)
where appropriate (e.g. in relation to evidentiary motions), submitting the documents solely for in
camera review; or (3) where the preceding measures are not adequate, seeking permission to file the
document under seal pursuant to the procedural steps set forth in Local Rule 5.03, DSC, or such
other rule or procedure as may apply in the relevant jurisdiction. 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 understand that documents may be filed under seal only with the permission of the court after
proper motion.
4.
challenge.

Challenges to Designation as Confidential. Any confidential designation is subject to
The following procedures shall apply to any such challenge.
a.

The burden of proving the necessity of a confidential designation remains with the
Party asserting confidentiality.

b.

All material designated confidential shall continue to be treated as subject to the
full protections of this Order until one of the following occurs:
i.

the Parties agree to withdraw the confidential designation in writing;

ii.

the court rules that the documents should no longer be designated as
confidential.

c.

Challenges to the confidentiality of documents may be made at any time and are
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not waived by the failure to raise the challenge at the time of initial disclosure or
designation.
5.

Treatment on Conclusion of Litigation.
a.

Order Remains in Effect. All provisions of this Order restricting the use of
documents designated confidential shall continue to be binding after the conclusion
of the litigation unless otherwise agreed or ordered.

b.

Return of CONFIDENTIAL Documents. Within thirty (30) days after the
conclusion of the litigation, including conclusion of any appeal, all documents
treated as confidential under this Order will be either destroyed or returned to the
other party. Notwithstanding the above requirements to return or destroy
documents, counsel may retain attorney work product including an index which
refers or relates to information designated confidential so long as that work product
does not duplicate verbatim substantial portions of the text of confidential
documents. This work product continues to be confidential under the terms of this
Order. Notwithstanding any language or terms in this Order to the contrary, upon
conclusion of this litigation whether by settlement or trial, including any appeal(s)
thereof, Counsel may retain one copy of documents designated as confidential
provided such copy is retained in a sealed and secure manner under the control of
the retaining counsel. Counsel may retain the confidential documents for the
applicable period of time for which a claim of professional negligence could be
brought in this jurisdiction. Thereafter, at the conclusion of the applicable period
of time for which a claim of professional negligence could be brought in this
jurisdiction, Counsel shall comply with the requirements of this Order.

6.

Order Subject to Modification. This Order shall be subject to modification on motion

of any Party or any other person who may show an adequate interest in the matter to intervene for
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purposes of addressing the scope and terms of this Order. The Order shall not, however, be modified
until the parties shall have been given notice and an opportunity to be heard on the proposed
modification.
7.

No Judicial Determination. This Order is entered based on the representations and

agreements of the Parties and for the purpose of facilitating discovery. Nothing herein shall be
construed or presented as a judicial determination that any specific document or item of information
designated as confidential by counsel is subject to protection under Rule 26(c) of the South Carolina
Rules of Civil Procedure or otherwise until such time as a document-specific ruling shall have been
made.
8.

Persons Bound. This Order shall take effect when entered and shall be binding upon

counsel who signed below, their respective law firms and their respective clients.
IT IS SO ORDERED.

September 5, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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