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3:13-cv-01995-JFA-SVH Date Filed 09/19/13 Entry Number 19 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

COLUMBIA DIVISION

CONFIDENTIALITY ORDER

) C/A No. 3:13-1995-JFA-SVH
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George R. Pappacoda,





Palmetto Health,




vs.

Plaintiff,





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 19th day of September, 2013, 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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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 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).

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


1 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 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;

(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.


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.



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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



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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.

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:



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(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.

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 (& 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,

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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 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.







September 19, 2013
Columbia, South Carolina






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Shiva V. Hodges
United States Magistrate Judge









IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

COLUMBIA DIVISION

Plaintiff,





Defendant.




) C/A No. 3:13-1995-JFA-SVH
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vs.


George R. Pappacoda,





Palmetto Health,





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 complete one of the two options below.

3:13-cv-01995-JFA-SVH Date Filed 09/19/13 Entry Number 19 Page 8 of 10

ATTACHMENT A

CERTIFICATION BY COUNSEL OF DESIGNATION

OF INFORMATION AS CONFIDENTIAL






Date:





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 or more states. The state in
which I conduct the majority of my practice is where my Bar number 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.









___________________________________
Signature of Counsel

___________________________________
Printed Name of Counsel

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ATTACHMENT B

AND





ACKNOWLEDGMENT OF UNDERSTANDING

AGREEMENT TO BE BOUND

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

COLUMBIA DIVISION

vs.

Plaintiff,





Defendant.


) C/A No. 3:13-1995-JFA-SVH
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George R. Pappacoda,





Palmetto Health,





dated [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 solely for the purposes of the above-captioned action, and not to disclose any
such confidential information to any other person, firm or concern.


result in penalties for contempt of court.


The undersigned hereby acknowledges that he or she has read the Confidentiality Order

The undersigned acknowledges that violation of the Stipulated Confidentiality Order may

Name:
Job Title:
Employer:
Business Address:



































Date:



___________________________________

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

COLUMBIA DIVISION

Plaintiff,





Defendant.




) C/A No. 3:13-1995-JFA-SVH
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vs.


George R. Pappacoda,





Palmetto Health,











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] 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:







Date:





A named party;

An employee of named party. This employee’s job title is
and work address is .

_______________________________________
Signature



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