Dineen v. Sprint Corporation et al
Filing
30
CONFIDENTIALITY ORDER granting 29 Motion for Confidentiality Order. Signed by Honorable Mary Geiger Lewis on 11/28/2016.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
RAVEN N. DINEEN,
)
)
Plaintiff
)
)
v.
)
)
SPRINT CORPORATION, ASURION
)
PROTECTION SERVICES, LLC, &
)
APPLE INC.
)
)
Defendants
)
____________________________________)
C.A. No.: 6:16-cv-01549-MGL
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 28th day of November 2016, 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” or "CONFIDENTIAL –
ATTORNEYS' EYES ONLY" 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 or CONFIDENTIAL –
ATTORNEYS' EYES ONLY prior to, or contemporaneously with, the production or disclosure
of the documents.
Inadvertent or unintentional production of documents without prior
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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.
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
or
CONFIDENTIAL – ATTORNEYS' EYES ONLY 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
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The attorney who reviews the documents and certifies them to be CONFIDENTIAL or
CONFIDENTIAL – ATTORNEYS' EYES ONLY 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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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 or
CONFIDENTIAL – ATTORNEYS' EYES ONLY under the terms of this Order to any
other person or entity except as set forth in subparagraphs (1)-(5) 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;
2
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.
3
(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)
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.
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.
e.
Added
Protection
for
Documents
Designated
CONFIDENTIAL
–
ATTORNEYS' EYES ONLY. A party may designate documents as CONFIDENTIAL
– ATTORNEYS' EYES ONLY only if the party has a good faith belief that the
documents designated as such constitute trade secrets or confidential commercial
information, the disclosure of which (whether separately or in conjunction with other
information being produced) has the potential for causing economic harm or giving a
competitive advantage to others, or are subject to restriction from disclosure by
applicable law.
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(1)
Documents designated as CONFIDENTIAL – ATTORNEYS' EYES
ONLY shall not be disclosed by counsel to parties (i.e., their client) or any
other person included in paragraph 5.b.(2) above.
(2)
The information contained in documents designated as CONFIDENTIAL
– ATTORNEYS' EYES ONLY shall be treated no differently than the
documents themselves and shall not be disclosed or used in a manner
inconsistent with 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 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.
5
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 or
CONFIDENTIAL – ATTORNEYS' EYES ONLY designation is subject to challenge.
The
following procedures shall apply to any such challenge.
a.
The burden of proving the necessity of a CONFIDENTIAL or CONFIDENTIAL
– ATTORNEYS' EYES ONLY designation remains with the party asserting
confidentiality.
b.
A party who contends that documents designated CONFIDENTIAL or
CONFIDENTIAL – ATTORNEYS' EYES ONLY 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.
all
Notwithstanding any challenge to the designation of documents as confidential,
material
previously
designated
CONFIDENTIAL
or
CONFIDENTIAL
–
ATTORNEYS' EYES ONLY 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.
Inadvertent Disclosure. Any inadvertent disclosure or production of documents
protected by the attorney-client privilege or work product doctrine shall not constitute a waiver
of either available privilege or protection by the disclosing party. Upon request of the producing
party, the receiving party shall promptly return the inadvertently produced documents, and those
documents and the information contained therein shall not be used for any reason.
10.
Treatment on Conclusion of Litigation.
a.
Order Remains in Effect. All provisions of this Order restricting the use of
documents designated CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS' EYES
ONLY shall continue to be binding after the conclusion of the litigation unless otherwise
agreed or ordered.
b.
Return of CONFIDENTIAL and ATTORNEYS' EYES ONLY 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 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,
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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 or CONFIDENTIAL – ATTORNEYS' EYES
ONLY 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.
11.
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.
12.
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 or CONFIDENTIAL – ATTORNEYS' EYES
ONLY 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.
13.
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.
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IT IS SO ORDERED.
s/Mary Geiger Lewis
________________________________
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
November 28, 2016
Columbia, South Carolina
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ATTACHMENT A
CERTIFICATION BY COUNSEL OF DESIGNATION
OF INFORMATION AS CONFIDENTIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
RAVEN N. DINEEN,
)
)
Plaintiff
)
)
v.
)
)
SPRINT CORPORATION, ASURION
)
PROTECTION SERVICES, LLC, &
)
APPLE INC.
)
)
Defendants
)
____________________________________)
C.A. No.: 6:16-cv-01549-MGL
Documents produced herewith [whose bates numbers are listed below (or) which are
listed on the attached index] have been marked as CONFIDENTIAL or CONFIDENTIAL –
ATTORNEYS' EYES ONLY 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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ATTACHMENT B
ACKNOWLEDGMENT OF UNDERSTANDING
AND
AGREEMENT TO BE BOUND
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
RAVEN N. DINEEN,
)
)
Plaintiff
)
)
v.
)
)
SPRINT CORPORATION, ASURION
)
PROTECTION SERVICES, LLC, &
)
APPLE INC.
)
)
Defendants
)
____________________________________)
C.A. No.: 6:16-cv-01549-MGL
The undersigned hereby acknowledges that he or she has read the Confidentiality Order
dated [confidentiality order date], 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 or CONFIDENTIAL – ATTORNEYS' EYES ONLY 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:
[undersigned name [att B]]
Job Title:
[Job Title [att B]]
Employer:
[Employer [att B]]
Business Address:
[Business Address [att B]]
Date: [date attachment B signed]
[Signature [attachment B]]
Signature
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ATTACHMENT C
CERTIFICATION OF COUNSEL OF NEED
FOR ASSISTANCE OF PARTY/EMPLOYEE
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
RAVEN N. DINEEN,
)
)
Plaintiff
)
)
v.
)
)
SPRINT CORPORATION, ASURION
)
PROTECTION SERVICES, LLC, &
)
APPLE INC.
)
)
Defendants
)
____________________________________)
C.A. No.: 6:16-cv-01549-MGL
Pursuant to the Confidentiality Order entered in this action, most particularly the provisions of
Paragraph 5.b.2., I certify that the assistance of [name of assistant [att C]] 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:
❑
A named party;
❑
An employee of named party [employee of named party]. This employee’s job
title is [employee's job title] and work address is [employee's work address].
Date: [date attachment C signed]
[Signature [attachment C]]
Signature
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