Yon v. Regional Medical Center, The
Filing
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CONFIDENTIALITY ORDER. Signed by Magistrate Judge Kaymani D West on 2/18/2015. (mcot, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Adeline Yon,
Plaintiff,
v.
The Regional Medical Center,
Defendant.
Civil Action No.: 5:14-cv-02098-JMC-KDW
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CONSENT
CONFIDENTIALITY ORDER
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 this 18th day of February, 2015, ORDERED:
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.
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FPDOCS 30390528.1
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 (7) 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). The parties shall not disclose documents designated as confidential to putative class
members not named as plaintiffs in putative class litigation unless and until one or more classes
have been certified.
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)
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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.
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FPDOCS 30390528.1
below, and then only after the person to whom disclosure is to be made has executed an
acknowledgment (in the form set forth at Attachment B hereto), that he or she has read and
understands the terms of this Order and is bound by it. 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 disclosed2;
(3)
Court reporters engaged for depositions and those persons, if any, specifically
engaged for the limited purpose of making photocopies of documents;
(4)
In the discretion of examining counsel, witnesses at deposition and trial who shall
be informed at the time of this order and the confidential nature of the documents disclosed to
them; in such a case at a deposition, the confidentiality designation pursuant to paragraph #4
above shall automatically be made.
(5)
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
(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.
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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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FPDOCS 30390528.1
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. Counsel shall maintain a record of those persons, including employees of
counsel, who have reviewed or been given access to the documents along with the originals of
the forms signed by those persons acknowledging their obligations under 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 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
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FPDOCS 30390528.1
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. Any CONFIDENTIAL designation
is subject to challenge. 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.
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;
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(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.
Return of CONFIDENTIAL Documents. Within thirty (30) days after
specific written request of the disclosing party (to be sent via certified mail, return receipt
requested) at 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
returned to the producing party unless: (1) the document has been entered as evidence or 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 mental impressions of the
receiving party, that party elects destruction. 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. An attorney may use his or her work
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FPDOCS 30390528.1
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 document-specific
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.
February 18, 2015
Florence, South Carolina
Kaymani D. West
United States Magistrate Judge
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ATTACHMENT A
CERTIFICATION BY COUNSEL OF DESIGNATION
OF INFORMATION AS CONFIDENTIAL
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Adeline Yon,
Plaintiff,
v.
The Regional Medical Center,
Defendant.
Civil Action No.: 5:14-cv-02098-JMC-KDW
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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 [confidentiality order date].
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.
❑
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 [District Court Bar #].
❑
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 [state in which I practice most]
where my Bar number is [that state's Bar #]. 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: [date attachment A signed]
[Signature of Counsel [s/name]]
Signature of Counsel
[Printed Name of Counsel [A]]
Printed Name of Counsel
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FPDOCS 30390528.1
ATTACHMENT B
ACKNOWLEDGMENT OF UNDERSTANDING
AND
AGREEMENT TO BE BOUND
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Adeline Yon,
Plaintiff,
v.
The Regional Medical Center,
Defendant.
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Civil Action No.: 5:14-cv-02098-JMC-KDW
The undersigned hereby acknowledges that he or she has read the Confidentiality Order
dated
, in the above captioned action, understands the terms
thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction of the
United States District Court for the District of South Carolina in matters relating to the
Confidentiality Order and understands that the terms of said Order obligate him/her to use
discovery materials designated CONFIDENTIAL solely for the purposes of the above-captioned
action, and not to disclose any such confidential information to any other person, firm or
concern.
The undersigned acknowledges that violation of the Stipulated Confidentiality Order may
result in penalties for contempt of court.
Name:
Job Title:
Employer:
Business Address:
Date:
Signature
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ATTACHMENT C
CERTIFICATION OF COUNSEL OF NEED
FOR ASSISTANCE OF PARTY/EMPLOYEE
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Adeline Yon,
Plaintiff,
v.
The Regional Medical Center,
Defendant.
Civil Action No.: 5:14-cv-02098-JMC-KDW
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Pursuant to the Confidentiality Order entered in this action, most particularly the
provisions of Paragraph 6.b.2., I certify that the assistance of
is reasonably necessary to the conduct of this litigation and that this assistance requires
the disclosure to this individual of information which has been designated as CONFIDENTIAL.
I have explained the terms of the Confidentiality Order to the individual named above
and will obtain his or her signature on an “Acknowledgment of Understanding and Agreement to
be Bound” prior to releasing any confidential documents to the named individual and I will
release only such confidential documents as are reasonably necessary to the conduct of the
litigation.
The individual named above is:
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A named party;
❑
An employee of named party
title is, and work address is
. This employee’s job
.
Date:
Signature
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FPDOCS 30390528.1
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