United States District Court, S.D. Georgia, Augusta Division
CONFIDENTIALITY AND PROTECTIVE ORDER
BRIAN K. EPPS, JUDGE
Pursuant to the Court order dated June 1, 2015, to expedite the flow of sensitive discovery material, facilitate the prompt resolution of a dispute over confidentiality, adequately protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the Court's authority under Federal Rule of Civil Procedure 26(c) and by consent of the parties, ORDERED as follows:
1. Non-disclosure of Stamped Confidential Documents.
Except with the prior written consent of the party or other person originally designating a document to be stamped as a confidential document, or as hereinafter provided under this Order, no stamped confidential document may be disclosed to any person other than Global Events Management Group, Inc.'s lawyers and staff employed by Austin & Sparks, P.C., including John T. Sparks, Sr., John Austin, and Austin & Sparks paralegals who are assisting in this case and who will help with the evaluation and use of this information. This restriction includes Global Events Management Group, Inc.'s principal, Maher Jaber or any of its officers, directors, shareholders, employees, agent, servants and/or representatives. A "stamped Confidential Document" means any document which bears the legend (or which shall otherwise have had the legend recorded upon it in a way that brings it to the attention of a reasonable examiner) "Confidential" to signify that it contains information believed to be subject to protection under Federal Rule of Civil Procedure 26(c) and this Court's order. For purposes of this Order, the term "document" means all written, recorded, or graphic material, whether produced pursuant to this Court's order, Federal Rule of Civil Procedure 34, subpoena, by agreement, or otherwise. Interrogatory answers, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection may be accorded status as a stamped confidential document, but, to the extent feasible, shall be prepared in such a manner that the confidential information is bound separately from that not entitled to protection.
2. Permissible Disclosure.
Pursuant to Paragraph 1, stamped confidential documents may only be disclosed to counsel for the parties in this action who are actively engaged in the conduct of litigation involving Global Events Management Group, Inc. and Mullins Management, Inc.; to the partners, associates, secretaries, paralegal assistants, and employees of such counsel to the extent reasonably necessary to render professional service in such litigation; to persons with prior knowledge of the documents or the confidential information contained therein, and their agents; and to court officials involved in such litigation (including court reporters, persons operating video recording equipment at depositions, and any special master appointed by the Court). Subject to the provisions of subparagraph (c), such documents may also be disclosed:
A. to any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper; and
B. to persons noticed for depositions or designated as trial witnesses to the extent reasonably necessary in preparing to testify; to outside consultants or experts retained for the purpose of assisting counsel in the litigation; provided, however, that in all such cases the individual to whom disclosure is to be made has signed a form, with a copy of such form to be provided to this Court and to counsel for Defendant prior to production of the confidential documents or information, containing:
(1) a recital that the signatory has read and understands this Order;
(2) a recital that the signatory understands that unauthorized disclosures of the stamped confidential documents constitute contempt of Court, unless such disclosures are determined by the Court to be inadvertent or otherwise unintentional; and,
(3) a statement that the signatory consents to the exercise of personal jurisdiction by this Court.
C. Before disclosing a stamped confidential document to any person listed in subparagraph (a) and (b) who is a competitor (or an employee of a competitor) of the party that so designated the document, the party wishing to make such disclosure shall give at least ten (10) days' advance notice in writing to the counsel who designated such information as confidential, stating the names and addresses of the person(s) to whom the disclosure will be made, identifying with particularity the documents to be disclosed, and stating the purposes of such disclosure. If, within the ten-day period, a motion is filed objecting to the proposed disclosure, disclosure is not permissible until the Court has denied such motion.
3. Confidential Information in Depositions.
A. A deponent may during the deposition be shown and examined about stamped confidential documents if the deponent already knows the confidential information contained therein or if the provisions of Paragraph 2 are complied with. Deponents shall not retain or copy portions of the transcript of their depositions that contain confidential information not provided by them or the entities they represent unless they sign the form prescribed in Paragraph 2. A deponent who is not a party or a representative of a ...