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Ford Plantation Club, Inc. v. Scott

United States District Court, S.D. Georgia, Savannah Division

October 6, 2017

THE FORD PLANTATION CLUB, INC., and THE FORD PLANTATION ASSOCIATION, INC., Plaintiffs,
v.
MICHAEL L. SCOTT and NANCY J. SCOTT, Defendants.

          Margaret K. Clark Counsel for Plaintiffs

          CONSENT PROTECTIVE ORDER

          BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE

         Having fully considered the parties' proposed consent protective order and for good cause shown, IT IS HEREBY ORDERED THAT the agreed order is APPROVED subject to the following modifications:

(1) The Court and its authorized personnel are not parties to the agreement and are not bound by its terms; and
(2) Nothing in this protective order shall be construed as relieving any party from the obligation imposed by Local Rule 79.7 to file a motion seeking the sealing of confidential documents.

         1. This cause comes before the Court pursuant to the agreement of Plaintiffs The Ford Plantation Club, Inc. (“Club”) and The Ford Plantation Association, Inc. (“Association”) (collectively “Plaintiffs”) and Defendants Michael Scott and Nancy Scott (collectively “Defendants”).

         2. This Order shall govern the use, handling and disclosure of all documents and responses to interrogatories produced or given in this action that are designated to be subject to this Order in accordance with the terms hereof.

         3. Any party producing or filing documents, responses to interrogatories, or other materials in this action may designate such documents, responses to interrogatories or other materials and the contents therein confidential, subject to this Order, by typing, writing or stamping on the front of the document, or on the portion(s) of the document for which confidential treatment is desired, “Confidential.” Such documents shall be treated as confidential unless the Court shall, on motion and for good cause shown, decide otherwise or except as otherwise provided herein. It is agreed that at the trial of this case any documents so designated and submitted to the trier of fact shall not bear the stamped designation “Confidential.” 4. Either party may challenge the confidentiality designation of such documents, responses to interrogatories or other material under this protective order no later than the close of discovery or within ten (10) days of receipt of the document whichever last occurs.

         5. Before a motion is filed in a dispute, the court's guidelines are to be followed to try to resolve the dispute between counsel or by telephone conference with the Judge.

         6. Anything to the contrary notwithstanding, if a party producing documents, responses to interrogatories or other materials seeks to designate such documents, responses to interrogatories or other materials as “Confidential, ” such designation shall not be binding on any adverse parties in the event that such adverse parties already have possession and/or control of such documents, information contained in the responses to interrogatories, or other materials independent of such production, and in the event that the party or parties having such independent possession and/or control of such documents, information contained in the responses to interrogatories or other materials does not consent to the designation of such documents, information contained in the responses to interrogatories or other materials as “Confidential.”

         7. Except as provided herein, all material designated “Confidential” pursuant to this Order and not otherwise obtained outside of the discovery process, shall not be used directly or indirectly by any person for any reason or purpose whatsoever other than for the prosecution of the parties' claims and defenses in this action. Upon receiving any documents, responses to interrogatories or other materials designated “Confidential” pursuant to this Order or receiving deposition testimony designated as “Confidential” pursuant to this Order, counsel for the parties agree not to disclose in any manner whatsoever such documents, responses to interrogatories (including copies thereof) or other materials, or the subject, existence or contents of said documents, to any person not acting and participating as an attorney of record (or secretary/paralegal of such attorney assisting attorney in this action) in these actions, subject only to the exceptions outlined in the following paragraph. In addition, all persons to whom confidential documents, responses to interrogatories, and/or other materials are disclosed and that is not obtained by the non-producing parties outside of the discovery process, are hereby enjoined from disclosing such documents, responses to interrogatories, and/or materials to any person except as provided in this Order.

         8. The following exceptions to the restrictions set forth above shall be recognized, agreed to and followed:

(a) “Confidential” material under this Order may be disclosed to the parties in the course of their participation in the present litigation. The parties agree that they will at all times abide by the terms of this Order and maintain the confidentiality of such materials and will not disclose in any manner whatsoever either the documents themselves, copies thereof or the contents of any confidential information to anyone other that his, her or its counsel or a member of that counsel's staff.
(b) The parties' counsel may disclose confidential information to any person working with counsel in the prosecution or defense of this action. Such disclosures will occur only on the condition that any such person understands fully the confidentiality of the information and the restrictions regarding its ...

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