THI of South Carolina at Magnolia Manor-Inman LLC v. Estes
Filing
31
CONFIDENTIALITY ORDER granting 29 Motion for Confidentiality Order. Signed by Honorable Bruce Howe Hendricks on 2/19/2015.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SPARTANBURG DIVISION
THI OF SOUTH CAROLINA AT
MAGNOLIA MANOR-INMAN, LLC
D/B/A MAGNOLIA MANOR-INMAN,
LLC ,
)
)
)
)
)
PLAINTIFF,
)
)
vs.
)
)
JAMES ESTES, INDIVIDUALLY, AND )
AS PERSONAL REPRESENTATIVE OF )
)
THE ESTATE OF MARY S. ESTES,
)
DECEASED,
)
DEFENDANTS.
)
)
C.A. NO. 7:14-CV-01417-BHH
CONSENT TEMPORARY
CONFIDENTIALITY ORDER
Whereas, the parties to this Consent Temporary 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 19th 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.
However, the
parties agree and hereby stipulate that the Plaintiff retains the right to seek modification of this
Order at any subsequent time in this litigation. Unless and until any such modification is ordered
by this Court, the provisions of this Order shall be controlling.
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.
3.
Documents Which May be Designated Confidential.
Any party may
designate documents as confidential but only after review of the documents by an attorney 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.
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.
a.
Protection of Confidential Material.
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 (¶ 6.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.
2
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)-(5) 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)
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.
3
d.
Copies. All copies, duplicates, extracts, summaries or descriptions, electronic or
otherwise (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. 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.
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.
4
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 thirty (30) 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;
(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 9.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.
5
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 the
conclusion of the litigation, including conclusion of any appeal, all documents treated as
confidential under this Order, including copies as defined above (¶6.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 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
6
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.
13.
The parties agree that all medical records of decedent are designated
confidential pursuant to HIPAA without the need of stamping CONFIDENTIAL on them.
IT IS SO ORDERED.
s/Bruce Howe Henricks
______________________________
The Honorable Bruce Howe Hendricks
United States District Judge
February 19, 2015
Greenville, South Carolina
7
WE CONSENT:
YOUNG CLEMENT RIVERS LLP
By: s/ D. Jay Davis, Jr.
D. Jay Davis, Jr.
Perry M. Buckner, IV
Attorneys for the Plaintiff THI of South
Carolina at Magnolia-Manor Inman, LLC
d/b/a Magnolia Manor-Inman
WE CONSENT:
POLIAKOFF & ASSOCIATES, P.A.
By: s/Raymond P. Mullman, Jr.
Gary W. Poliakoff
Raymond P. Mullman, Jr.
Attorneys for the Defendant
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?