Hudacko v. Reffett et al
PROTECTIVE ORDER. Signed by the Honorable R Bryan Harwell on 10/03/2017. (lsut, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CASE NUMBER 4:17-CV-01246-RBH
CONSENT PROTECTIVE ORDER
Jesse Reffett and Cowabunga Three, Inc. d/b/a
Upon Stipulation of Plaintiff and Defendant Cowabunga Three, Inc. (hereinafter
Cowabunga) and Defendant Reffett and for good cause shown it is hereby ordered,
1. The following documents and things, to the extent these items exist and are available,
are designated as confidential and subject to this Consent Protective Order:
Personnel file of Jesse Reffett (Cowabunga 003-0033);
Driver Accident Reporting Kit (Cowabunga 0035-0036);
Payroll detail (Cowabunga 0037-0038);
Delivery times (Cowabunga 0039);
Delivery Expert Certification (Cowabunga 040);
Sterling Standard Drug Screening (Cowabunga 0041-0042);
Cowabunga, Inc. Cowabunga Three, Inc. New Employee Handbook (Updated
6/14/12) (Cowabunga 0043 – 0084).
The Defendant Cowabunga shall designate material as confidential by
marking on the document containing confidential material (CONFIDENTIAL).
The documentation subject to this protective order shall be disclosed only to
the parties, the counsel of record, the associates, the secretaries and paralegal assistants of
such counsel, the persons retained by counsel or the parties as experts, to other persons
whose assistance is required by counsel in conducting this litigation, the court and court
personnel for any purpose that the court finds necessary, and jurors at trial as necessary for
trial purposes; provided that any confidential documents and information may be disclosed to
experts and other persons whose assistance is required by counsel in conducting this
litigation, upon signing, prior to such disclosure, an Affidavit in the form attached hereto as
Exhibit A by the person or persons to whom they are to be disclosed, which Affidavit shall
be filed with the Clerk of this Court upon the termination of the litigation.
No person entitled to protective documents or information shall disclose
the contents of such materials with any other individual, except those individuals who
are also permitted to view, inspect or examine the materials produced under the terms
of this Order.
The documents and information produced by Defendant Cowabunga pursuant
to the terms of this order shall be used for the sole and limited purpose of preparation for
and trial of this action and shall not be used for any other purpose.
In the event that any confidential materials are included with or the contents
thereof are in any way disclosed in any pleading, motion or other paper filed with the Clerk
of this Court, such documents shall be filed under seal in an envelope endorsed with the title
of this action and marked as ("CONFIDENTIAL".)
7. To the extent the discovery responses, a transcript of any deposition or exhibit
thereto, incorporates confidential material, such transcript or discovery response shall be
subject to the terms of this protective Order.
Plaintiffs may challenge the designation of confidentiality of any document or
information marked confidential pursuant to this order. Plaintiffs shall notify Defendant
Cowabunga of the challenge in writing, providing the reasons why the Plaintiffs do not
believe the documents or information should be deemed confidential. Defendant
Cowabunga will respond in writing within fifteen days. If the parties are unable to resolve
the issue themselves, Plaintiff may move the court for an Order Removing the Protection
established by the court in whole or in part. All documents, testimony or other materials
designated by Defendant Cowabunga as confidential, however, shall retain their confidential
status until such time as the parties contentions regarding the confidentiality of documents
so designated or the rescission of this order are fully and finally adjudicated by this court.
Within thirty days after the conclusion of all aspects of this litigation by
settlement, dismissal, verdict, or other disposition, including any appeals, all copies of the
confidential documents together with any extracts or summaries thereof, in the actual or
constructive custody of Plaintiffs shall be returned to Cowabunga or their own counsel.
Upon return of the documents as outlined in this paragraph, Plaintiffs shall certify in writing
that all documents in their possession, custody and or control covered by this Protective
Order have been returned to Defendant Cowabunga or its counsel. Each person who
reviews or inspects confidential documents or materials subject to this Protective Order shall
be brought within personal jurisdiction of this court, including its contempt power.
10. This Protective Order may be modified only by written Stipulation signed by
the Attorneys of record/or by further Order of the Court upon application to the Court,
with proper notice.
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AND IT IS SO ORDERED.
October 3, 2017
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
AGREED & STIPULATED BY:
AGREED & STIPULATED BY:
s/John M. Grantland
John M. Grantland, Esq (Fed ID 06462)
Alice Price Adams, Esq (Fed ID 06326)
Murphy & Grantland, PA.
P.O. Box 6648
Columbia, SC 29260
Attorneys for Defendant Cowabunga
Three, Inc. d/b/a Domino’s Pizza
s/Robert R. Sansbury
Robert R. Sansbury, Esq. (Fed ID 10621)
Sansbury Law Firm, LLC
2411 N. Oak St., Suite 305E
Myrtle Beach, SC 29577
Attorney for Plaintiff
AGREED & STIPULATED BY:
s/Matthew N. Tyler
Matthew N. Tyler, Esq (Fed ID #5190)
P.O. Box Drawer 1931
Florence, SC 29503
Attorney for Defendant Jesse Reffett
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