W.S. v. Daniels et al
Filing
56
CONFIDENTIALITY ORDER Signed by Honorable Mary Geiger Lewis on 6/13/2017. Associated Cases: 8:16-cv-01032-MGL, 8:16-cv-01280-MGL(abuc)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
W.S.,
Plaintiff,
v.
Cassandra Daniels, Ursula Best, and
South Carolina Department,
of Social Services,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 8:16-cv-01032-MGL
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 13th day of June, 2017, 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 the disclosure of the documents. Inadvertent or
unintentional production of documents without prior designation as confidential shall not be
1
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. All transcripts of depositions shall substitute pseudonyms and initials
for W.S. and other minors involved in this case. The parties shall maintain a master list of minor’s
initials to assist the parties and court reporters in identifying minor children.
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
1
The attorney that 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
submitted to the jurisdiction of this court in regard to the certification.
2
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 (i)-(v) below, and then only after the person
to whom disclosure is to be made has executed an acknowledgement (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 as 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;
2
At or prior to the time such party or employee completes his or her acknowledgement 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
(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.
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 ensure 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
4
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 with 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.;
5
(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 the
conclusion of the litigation, including conclusion of any appeal, all documents
treated as confidential under this Order, including copies as defined above
(Paragraph 5.d.) shall be returned to the producing party unless: (1) the
document has been entered into 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
6
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 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.
s/Mary Geiger Lewis
________________________________
UNITED STATES DISTRICT JUDGE
June 13, 2017
Columbia, South Carolina
7
ATTACHMENT A
CERTIFICATION BY COUNSEL OF DESIGNATION
OF INFORMATION AS CONFIDENTIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
W.S.,
Plaintiff,
v.
Cassandra Daniels, Ursula Best, and
South Carolina Department,
of Social Services,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 16-cv-01032-MGL
Certification by Counsel of Designation
of Information as Confidential
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 compete 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 __________________.
☐ 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 (1) or more states. The state in which I
conduct the majority of my practice is __________________, and my Bar Number for that
state 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: ________________________
_____________________________
Signature of Counsel
____________________________
Printed Name of Counsel
8
ATTACHMENT B
ACKNOWLEDGEMENT OF UNDERSTANDING
AND
AGREEMENT TO BE BOUND
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
W.S.,
Plaintiff,
v.
Cassandra Daniels, Ursula Best, and
South Carolina Department,
of Social Services,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 16-cv-01032-MGL
Acknowledgement of Understanding
and Agreement to be Bound
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 jurisdiction of the United States
District Court for the District of the South Carolina in matters relating to the Confidentiality Order,
and understands that the terms of said Order obligate him/her to use of 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
9
ATTACHMENT C
CERTIFICATION OF COUNSEL OF NEED
FOR ASSISTANCE OF PARTY/EMPLOYEE
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
W.S.,
Plaintiff,
v.
Cassandra Daniels, Ursula Best, and
South Carolina Department,
of Social Services,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 16-cv-01032-MGL
Certification of Counsel of
Need for Assistance of Party/Employee
Pursuant to the Confidentiality Order entered in this action, most particularly the provisions
of Paragraph 5.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 “Acknowledgement 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 listed above is:
☐ A named party;
☐ An employee of named party __________________. This
employee’s job title is _____________________ and work address
is ______________________________________.
Date: ___________________
________________________
Signature
10
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?