Opinion
Case No. 3:10-cv-275-J-34MCR.
November 15, 2010
Henrichsen Siegel, PLLC, Jacksonville, FL, Shands M. Wulbern, Florida Bar No. 0155217, Attorneys for Plaintiff.
JACKSON LEWIS LLP, Jacksonville, Florida, Richard N. Margulies, Florida Bar No. 0607487, B. Tyler White, Florida Bar No. 0038213, Attorneys for Defendant.
ORDER
THIS CAUSE is before the Court on Defendant's Motion for Court Approval of Stipulation for the Production and Exchange of Confidential Information and Documents (Doc. 27) filed November 11, 2010. Plaintiff consents to Court approval of the stipulation. (Doc. 27, p. 2).
Pursuant to Rule 26(c), Federal Rules of Civil Procedure, the Court finds good cause for the entry of a confidentiality order in this case. Additionally, the Court believes entry of a confidentiality order is appropriate to expedite the flow of discovery material, promote the prompt resolution of disputes over confidentiality, and facilitate the preservation of material arguably worthy of protection. See McCarthy v. Barnett Bank of Polk County, 876 F.2d 89, 91 (11th Cir. 1989); In re Alexander Grant Co. Litigation, 820 F.2d 352, 356 (11th Cir. 1987).
However, in accordance with the policy of the Middle District of Florida, when a party seeks to file a document under seal, the court shall determine the matter upon motion by the party. See, e.g., United States v. Baez-Alcaino, 718 F. Supp. 1503, 1506-07 (M.D. Fla. 1989). The motions must conform with Local Rule 1.09, which sets forth the procedures to be followed when a party seeks to file motion to seal. See M.D. Fla. R. 1.09. More specifically, Local Rule 1.09(a) requires a motion to seal to include the following:
(i) an identification and description of each item proposed for sealing; (ii) the reason that filing each item is necessary; (iii) the reason that sealing each item is necessary; (iv) the reason that a means other than sealing is unavailable or unsatisfactory to preserve the interest advanced by the movant in support of the seal; (v) a statement of the proposed duration of the seal; and (vi) a memorandum of legal authority supporting the seal.Id. Therefore, the Court has modified the Stipulation for the Protection and Exchange of Confidential Information and Documents.
Accordingly, after due consideration, it is hereby
ORDERED:
Defendant's Motion for Court Approval of Stipulation for the Production and Exchange of Confidential Information and Documents (Doc. 27) is GRANTED in part. The Court approves the terms of the modified Stipulation for the Protection and Exchange of Confidential Information and Documents attached to this Order. The parties are hereby bound by those terms. DONE AND ORDERED in Chambers in Jacksonville, Florida this 15th day of November, 2010.
STIPULATION FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION AND DOCUMENTS
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff NANCY ZIMMERMAN ("Plaintiff" or "Zimmerman") and Defendant AVMED, INC. ("AVMED" or "Defendant"), through their undersigned counsel, as follows:
1. Any party to this Stipulation For The Protection And Exchange Of Confidential Information And Documents ("Stipulation") may designate as "Confidential and Protected Matter": (1) any personal, identifying, financial, payroll, or medical information that pertains to any current or former employees of AVMED; (2) any proprietary, medical, or financial, information, documentation or files pertaining to AVMED, its customers, clients, and/or its affiliates; and (3) any proprietary or financial information pertaining to any current or former clients, customers, or vendors of AVMED.
2. "Confidential And Protected Matter" shall be used solely for the purposes of this litigation and not for any other purpose, litigation or proceeding.
EXHIBIT A
3. This Stipulation will extend to any document derived from a source other than a party to this action, if the document received from that source is identical to or a copy of a document provided by a party and designated as "Confidential and Protected Matter."
4. Confidential and Protected Matter shall be labeled or otherwise designated "Confidential" or the equivalent. Any confidential designation that inadvertently is omitted subsequent to the entry of this Stipulation may be corrected by written notification to opposing counsel.
5. If any party or counsel wishes to use or inquire into a Confidential and Protected Matter at any deposition, the portion of the deposition transcript that relates to the Confidential and Protected Matter will be designated and treated as a Confidential and Protected Matter and subject to the confidentiality/protective provisions herein.
6. (a) A receiving party who seeks to file with the Court deposition transcripts, exhibits, answers to interrogatories, and/or other documents that previously have been designated as comprising or containing Confidential and Protected Matter, and/or any pleading, brief or memorandum that reproduces, paraphrases or discloses Confidential and Protected Matter, shall only file such documents under seal.
(b) Documents shall be filed under sew in auordance with local Rule Log, middle District of Florida.
(c) Within sixty (60) days after the completion of this action, counsel for any party on whose behalf documents containing Confidential and Protected Matter were submitted will retrieve all the confidential documents he or she has submitted to or filed with the Court. However, if counsel fails to remove such confidential documents after the expiration of this sixty (60) day period, the parties reserve their respective rights to seek appropriate relief from the Court.
7. Each non-lawyer given access to Confidential and Protected Matter or information pursuant to the terms of this Stipulation shall be advised that the Confidential and Protected Matter or information is being disclosed pursuant to and subject to the terms of this Stipulation and may not be disclosed other than pursuant to the terms hereof.
8. Entering into, agreeing to and/or complying with the terms of this Stipulation shall not prejudice in any way the right of a party at any time: (1) to seek a determination by the Court of whether any particular item or piece of information should be subject to the terms of this Stipulation; or (2) to seek relief on notice from any provisions of this Stipulation, either generally or as to any particular document or piece of information.
9. Whenever a party objects to the treatment of a document or a portion of a deposition transcript and/or interrogatory response as confidential, counsel for that party shall give such notification in writing to counsel for the party designating confidential treatment. Within twenty (20) days of receipt of said notice, the party designating confidential treatment may apply to the Court for a ruling that the document or transcript shall be treated as Confidential and Protected Matter pursuant to the terms of this Stipulation. The document or transcript shall be afforded Confidential and Protected treatment pursuant to the terms of this Stipulation until the Court rules on such application.
10. The parties reserve the right to seek guidance from the Court regarding the specification of appropriate safeguards concerning evidence at the trial or may do so by later agreement at or before the trial.
11. Upon the termination of this action, the parties shall return to counsel for the producing party documents containing the Confidential and Protected Matter produced by the other party and all copies thereof, or the parties may agree upon appropriate methods of destruction. Any copies of documents containing Confidential and Protected Matter which bear the notations of a non-producing party or the non-producing party's counsel need not be returned to counsel for the producing party and shall be destroyed promptly by counsel for the non-producing party, who shall give written notice of the destruction of the documents to counsel for the producing party.
12. If Confidential and Protected Matter or information in the possession of a receiving party is subpoenaed or ordered to be produced by any court, administrative or legislative body, or any other person or organization purporting to have authority to subpoena or require the production of such data or information, the party to whom the subpoena or order is directed shall not provide or otherwise disclose such documents or information without first notifying counsel for the producing party in writing of: (1) the information and documentation which is requested for production in the subpoena or order; (2) the date on which compliance with the subpoena or order is requested; (3) the location at which compliance with the subpoena or order is requested; (4) the identity of the party or entity serving the subpoena or order; and (5) the case name, jurisdiction and index, docket, complaint, charge, civil action or other identification number or other designation identifying the litigation, administrative proceeding or other proceeding in which the subpoena or order has been issued.
13. This Stipulation is without prejudice to the right of any person or entity to seek a modification of this Stipulation at any time.
DATED this 10th day of November, 2010.