CS v. South Carolina Department of Social Services et al
Filing
10
CONFIDENTIALITY ORDER granting 5 Motion for Confidentiality Order Signed by Honorable Donald C Coggins, Jr on 5/8/2018.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
C.S. by and through his next friend,
Joseph St. Pierre,
Plaintiff,
Civil Action No. 8:18-cv-01087-DCC
v.
South Carolina Department of Social Services
(SCDSS) and Jane Doe,
CONFIDENTIALITY ORDER
Defendants and Third-Party Plaintiffs
vs.
South Carolina Youth Advocate Program, Inc.
Third-Party Defendant.
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 8th day of May, 2018, 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.
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.5. Depositions. C.S. 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.
6.
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
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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. By signing the certification, counsel
submits to the jurisdiction of this court in regard to the certification.
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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)–(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 disclosed;2
(3)
court reporters engaged for depositions and those persons, if any,
specifically engaged for the limited purpose of making photocopies of
documents;
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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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(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.
Third Party Requests. In the event a party is requested or required (e.g., via
subpoena, requests for documents in legal proceedings, civil investigative demand
or other similar process) to disclose documents or information designated
CONFIDENTIAL, the party shall provide all other parties with prompt written
notice of the request or requirement within fourteen (14) days of receipt of same,
so that the other parties may seek a protective order or appropriate remedy and/or
waive compliance with the provisions of this Order. If, in the absence of a
protective order or other remedy or the receipt of a waiver by the other parties, the
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party is, upon advice of counsel, nonetheless legally compelled to disclose
Confidential information or documents, the party may, without risk of liability
hereunder, disclose that portion of the Confidential information or documents that
counsel advises must be disclosed, provided that timely written notice of the request
or requirement has been made within fourteen (14) days of receipt of same to the
other parties.
7.
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.
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8.
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.
9.
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;
(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.
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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.
10.
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 (¶ 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 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,
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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 by counsel is subject to protection under Rule
26(c) of the Federal Rules of Civil Procedure or otherwise until such time as a documentspecific 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.
IT IS SO ORDERED.
s/Donald C. Coggins, Jr.
________________________________
Judge Donald C. Coggins, Jr.
United States District Judge
May 8, 2018
STIPULATED AND CONSENTED TO BY:
s/Heather Hite Stone
Heather Hite Stone, Esq.
Hite & Stone
100 East Pickens Street
Abbeville, SC 29620
864.366.5400
heather@hiteandstone.com
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Counsel for Plaintiff C.S., by and through his next friend, Joseph St. Pierre
s/Miles E. Coleman
Rivers S. Stilwell, Esq.
Miles E. Coleman, Esq.
Nelson Mullins Riley & Scarborough, LLP
104 S. Main St., Ste. 900
Greenville, SC 29601
864.250.2217
rivers.stillwell@nelsonmullins.com
miles.coleman@nelsonmullins.com
Counsel for Defendant South Carolina Youth Advocacy Program, Inc.
s/G.P. Callison, Jr.
G.P. Callison, Jr., Esq.
PO Box 3208
Greenwood, SC 29648
864.223.8111
gpcallison@gmail.com
Counsel for Defendant SCDSS and Jane Doe
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ATTACHMENT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
C.S. by and through his next friend,
Joseph St. Pierre,
Plaintiff,
v.
CERTIFICATION BY COUNSEL OF
DESIGNATION OF INFORMATION
AS CONFIDENTIAL
South Carolina Department of Social Services
(SCDSS) and Jane Doe,
Defendants and Third-Party Plaintiffs
vs.
South Carolina Youth Advocate Program, Inc.
Third-Party Defendant.
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 Counse
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ATTACHMENT B
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
C.S. by and through his next friend,
Joseph St. Pierre,
Plaintiff,
v.
ACKNOWLEDGEMENT OF
UNDERSTANDING AND
AGREEMENT TO BE BOUND
South Carolina Department of Social Services
(SCDSS) and Jane Doe,
Defendants and Third-Party Plaintiffs
vs.
South Carolina Youth Advocate Program, Inc.
Third-Party Defendant.
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:
[Job Title [att B]]
Employer:
[Employer [att B]]
Business Address:
__________________
Date: _______________________
______________________________
Signature
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ATTACHMENT C
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
C.S. by and through his next friend,
Joseph St. Pierre,
Plaintiff,
v.
CERTIFICATION OF COUNSEL OF
NEED FOR ASSISTANCE OF
PARTY/EMPLOY
South Carolina Department of Social Services
(SCDSS) and Jane Doe,
Defendants and Third-Party Plaintiffs
vs.
South Carolina Youth Advocate Program, Inc.
Third-Party Defendant.
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
[Name]
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]
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