Parsons v. Coastal Carolina University
Filing
23
CONFIDENTIALITY ORDER. Signed by Magistrate Judge Kaymani D West on 08/13/2015. (dsto, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Kathryne A. Parsons,
Plaintiff,
vs.
) CASE NO. 4:15-cv-01365-BHH-KDW
)
)
CONFIDENTIALITY ORDER
Coastal Carolina University,
Defendant.
)
)
)
)
)
)
)
Whereas, the parties to this Consent Confidentiality Order (“parties”), have stipulated
that certain discovery material is and should be treated as confidential, and have agreed to the
terms of this order; accordingly, it is ORDERED this 13th day of August, 2015:
1.
Scope. All documents produced in the course of discovery, all responses to
discovery requests and all deposition testimony and deposition exhibits and any other materials
which may be subject to discovery (hereinafter collectively “documents”) shall be subject to this
Order concerning confidential information as set forth below.
2.
Form and Timing of Designation.
Confidential documents shall be so
designated by placing or affixing the word “CONFIDENTIAL” on the document in a manner
which will not interfere with the legibility of the document and which will permit complete
removal of the Confidential designation. Documents shall be designated CONFIDENTIAL prior
to, or contemporaneously with, the production or disclosure of the documents. Inadvertent or
unintentional production of documents without prior designation as confidential shall not be
deemed a waiver, in whole or in part, of the right to designate documents as confidential as
otherwise allowed by this Order. The parties have thirty (30) days from the entry of this Order
to designate previously produced documents as CONFIDENTIAL.
3.
Documents Which May be Designated Confidential. Any party may designate
documents as confidential but only after review of the documents by an attorney1 who has, in
good faith, determined that the documents contain information protected from disclosure by
statute, sensitive personal information, trade secrets, or confidential research, development, or
commercial information. The certification shall be made concurrently with the disclosure of the
documents, using the form attached hereto at Attachment A which shall be executed subject to
the standards of Rule 11 of the Federal Rules of Civil Procedure. Information or documents
which are available in the public sector may not be designated as confidential.
4.
Depositions.
Portions of depositions shall be deemed confidential only if
designated as such when the deposition is taken or within seven business days after receipt of the
transcript. Such designation shall be specific as to the portions to be protected.
5.
Protection of Confidential Material.
(a)
General Protections. Documents designated CONFIDENTIAL under
this Order shall not be used or disclosed by the parties or counsel for the parties or any other
persons identified below (¶ 5.b.) for any purposes whatsoever other than preparing for and
conducting the litigation in which the documents were disclosed (including any appeal of that
litigation).
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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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(b)
Limited Third Party Disclosures. 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 (1)-(6)
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:
(1)
counsel and employees of counsel for the parties who have
responsibility for the preparation and trial of the lawsuit;
(2)
parties and employees of a party to this Order but only to the
extent counsel shall certify that the specifically named individual party or
employee’s assistance is necessary to the conduct of the litigation in which the
information is disclosed;
(3)
court reporters engaged for depositions and those persons, if any,
specifically engaged for the limited purpose of making photocopies of
documents;
(4)
consultants, investigators, or experts (hereinafter referred to
collectively as “experts”) employed by the parties or counsel for the parties to
assist in the preparation and trial of the lawsuit; and
(5)
witnesses for any party provided that such witnesses expressly
agree to comply with the terms of this Protective Order and provided that such
witnesses shall only be allowed to review the CONFIDENTIAL documents or
information, but shall not be provided with copies of the CONFIDENTIAL
documents or information.
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(6)
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.
(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 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.
6.
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 discovery and 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 Civil Rule 5.03, DSC, or such other rule or
procedure as may apply in the relevant jurisdiction.
Absent extraordinary
circumstances making prior consultation impractical or inappropriate, the party
seeking to submit the document to the court shall first consult with counsel for the
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party who designated the document as confidential to determine if some measure
less restrictive than filing the document under seal may serve to provide adequate
protection. This duty exists irrespective of 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 understand that
documents may be filed under seal only with the permission of the court after
proper motion pursuant to Local Civil Rule 5.03.
7.
Greater Protection of Specific Documents.
No party may
withhold information from discovery on the ground that it requires protection
greater than that afforded by this Order unless the party moves for an Order
providing such special protection.
8.
Challenges
to
Designation
as
CONFIDENTIAL designation is subject to challenge.
Confidential.
Any
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)
A party who contends that documents designated
CONFIDENTIAL are not entitled to confidential treatment shall give written
notice to the party who affixed the designation of the specific basis for the
challenge. The party who so designated the documents 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 Order confirming the
Confidential designation.
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(c)
Notwithstanding any challenge to the designation of
documents as confidential, all material previously designated CONFIDENTIAL
shall continue to be treated as subject to the full protections of this Order until one
of the following occurs:
(1)
the party who claims that the documents are confidential
withdraws such designation in writing;
(2)
the party who claims that the documents are confidential fails to
move timely for an Order designating the documents as confidential as set forth in
paragraph 8.b. above; or
(3)
the court rules that the documents should no longer be designated
as confidential information.
(d)
Challenges to the confidentiality of documents may be
made at any time and are not waived by the failure to raise the challenge at the
time of initial disclosure or designation.
9.
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)
Destruction 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, including copies as
defined above (¶5.d.) shall be destroyed.
Notwithstanding the above
requirements to destroy documents, counsel may retain attorney work product
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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. An attorney may use
his or her work product in a subsequent litigation provided that its use does not
disclose the confidential documents.
10.
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 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.
11.
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
Federal Rules of Civil Procedure or otherwise until such time as a documentspecific ruling shall have been made.
12.
Persons Bound. This Order shall take effect when entered and
shall be binding upon: (1) counsel who signed below and their respective law
firms; and (2) their respective clients.
IT IS SO ORDERED.
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August 13, 2015
Florence, South Carolina
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Kaymani D. West
United States Magistrate Judge
ATTACHMENT A
CERTIFICATION BY COUNSEL OF DESIGNATION
OF INFORMATION AS CONFIDENTIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Kathryne A. Parsons,
Plaintiff,
vs.
) CASE NO. 4:15-cv-01365-BHH-KDW
)
)
CONFIDENTIALITY ORDER
Coastal Carolina University,
Defendant.
)
)
)
)
)
)
)
Documents produced herewith [whose bates numbers are listed below (or) which are listed
on the attached index] have been marked as CONFIDENTIAL subject to the Confidentiality
Order entered in this action which Order is dated _______________________________.
By signing below, I am certifying that I have personally reviewed the marked documents
and believe, based on that review, that they are properly subject to protection under the terms of
Paragraph 3 of the Confidentiality Order.
Check and complete one of the two options below.
“
“
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I am a member of the Bar of the United States District Court for the District of
South Carolina. My District Court Bar number is ________________.
I am not a member of the Bar of the United States District Court for the District
of South Carolina but am admitted to the bar of one or more states. The state in
which I conduct the majority of my practice is ___________________ where my
Bar number is ___________. I understand that by completing this certification I
am submitting to the jurisdiction of the United States District Court for the
District of South Carolina as to any matter relating to this certification.
Date: ____________________
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_____________________________________
Signature of Counsel
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