Herspold v. King Kong Sushi Bar and Grill LLC et al

Filing 41

CONFIDENTIALITY ORDER. Signed by the Honorable R Bryan Harwell on 1/14/2015. (hcic, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
BRET HERSPOLD, on behalf of himself
and all others similarly situated,
Plaintiff,
v.
KING KONG SUSHI BAR & GRILL,
LLC; TKM ENTERPRISES, LLC; and
KYUWON CHOI, individually,
Defendants.

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C/A: 4:14-cv-03418-RBH

CONFIDENTIALITY ORDER

Upon consent of the parties, the parties in this action (the “Litigation”) are required to
observe the following terms:
1.

Any documents, deposition testimony, written responses to discovery or other material
produced during discovery, trial or otherwise in this case (and any and all copies,
summaries or abstracts to such material) which the designating party reasonably and in
good faith believes to contain or disclose confidential business or financial information,
personal health information (PHI), and/or confidential or private personal information
may be designated as “CONFIDENTIAL MATERIAL” pursuant to this Confidentiality
Agreement.

2.

CONFIDENTIAL MATERIAL of a producing party shall not be made public by the
receiving party or divulged to anyone other than the persons permitted to access as set
forth herein. No CONFIDENTIAL MATERIAL shall be reproduced or used except in
connection with the Litigation.

3.

Any party producing CONFIDENTIAL MATERIAL shall label or mark the documents
and things deemed to be CONFIDENTIAL MATERIAL with an appropriate legend.
CONFIDENTIAL MATERIAL shall be marked “CONFIDENTIAL” or other similar
language. The party that inadvertently fails to mark an item as CONFIDENTIAL
MATERIAL at the time of production may, at any time, correct its failure in writing
accompanied with substitute copies of each item, container, or folder appropriately
marked with the new designation.

4.

CONFIDENTIAL MATERIAL shall be treated by each receiving party as confidential
unless and until the Court rules to the contrary or the designated party agrees otherwise.
Unless and until the Court rules or the designated party otherwise agrees, access to or
disclosure of CONFIDENTIAL MATERIAL shall be limited to the following persons:

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a.

b.

the parties in the Litigation including any employees of the parties that receive
such material. The parties’ employees to whom such material will be disclosed
must have a legitimate need to review such material in connection with the
Litigation.

c.

the attorneys of record and associated attorneys for the party or parties in the
Litigation to whom such material is produced, and the employees, or vendors, and
contractors of such attorneys;

d.

court reporters and employees of court reporters engaged by counsel to record and
transcribe testimony in the Litigation;

e.

outside experts and consultants who have been retained by a party or counsel of
record in the Litigation for purposes of assisting in the preparation of the
Litigation for trial; and

f.
5.

the Court and those employed by the Court. In the event that a Party wishes to
use any Confidential Information in any papers filed in Court in this litigation, the
Party shall notify opposing counsel of such intent. The Parties shall then meet
and confer with regard to which documents, if any, should be filed under seal.
Should the Parties agree as to which documents should be filed under seal, the
Party seeking to file such documents shall file a motion requesting that the Court
maintain the agreed upon documents under seal. In the event the Parties do not
agree upon which documents should be placed under seal, the Party seeking to file
such documents under seal shall file a motion requesting that the Court maintain
the documents under seal. The Parties acknowledge that whether Confidential
Information submitted to the Court is maintained under seal is subject to the
Court’s ultimate decision on any motion to place and/or accept confidential
documents under seal.

a mediator or arbitrator as appointed by the Court or agreed upon by the Parties.

Any party may designate its responses to discovery, including responses to requests for
production, responses to interrogatories, responses to requests for admission, and
depositions, as CONFIDENTIAL. In the case of depositions, counsel for a party believes
that a portion or all of the deposition contains CONFIDENTIAL MATERIAL, counsel
shall so state on the record or in writing sent within seven (7) business days after his or
her subsequent receipt of the transcript. Such correction and notice thereof shall be made
in writing to the reporter, with copies to all other counsel, designating the portions of the
transcript that constitute CONFIDENTIAL MATERIAL. Until the expiration of the
aforesaid seven (7) business day period, all depositions transcripts shall be considered
and treated as protected CONFIDENTIAL MATERIAL, unless otherwise agreed on the
record at the deposition.

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6.

No assertion or waiver of confidentiality pursuant to this Confidentiality Agreement shall
affect the assertion or validity of any other claim of confidentiality, privilege or other
basis for non-production or withholding any discovery matter from discovery, nor shall
this Confidentiality Agreement require disclosure of such material.

7.

This Confidentiality Agreement shall not preclude any party from moving the Court for
an order directing the disclosure of the materials withheld, however, nor prevent a party
from applying to the Court for relief there from, or from applying to the Court for further
or additional Confidentiality Agreements. In the event either party designates any
material or testimony as CONFIDENTIAL MATERIAL and the other objects to the
designation, the designating party shall, within fifteen (15) days after written receipt of
the objection, provide the objecting party with a written description of the reason why the
material is considered confidential by the party. If the objecting party still does not agree
with the designation, then the objecting party can move the Court for an order removing
the confidential designation and the designating party shall have the burden of proof that
the material is confidential and that the designating party has taken reasonable steps to
maintain its confidential nature.

8.

Within thirty (30) calendar days after the final termination of this action, including any
appeals, counsel for the receiving party shall destroy originals and all copies of the
CONFIDENTIAL MATERIAL and certify in writing the destruction to counsel for the
designating party. Notwithstanding the foregoing, counsel of record for each of the
parties may retain for their files one copy of all pleadings, briefs, exhibits, deposition
transcripts and exhibits, or hearing transcripts wand exhibits which contain such
information, subject to the ongoing obligation to maintain the confidentiality of such
information as set forth in this Confidentiality Agreement.

AND IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
FLORENCE, SC
January 14, 2015

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