Preview
Filing # 148139415 E-Filed 04/21/2022 02:10:58 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
ANTHONY BAXTER-ARMENTROUT,
Plaintiff, CASE NO: 50-2021-CA-013917-XXXX-MB
ve
BETTY JEAN ROBERTS, LYFT, INC.,
A a
3 TUOT ET ANTM A Tar.
and Lint PLUKWWA, LNU,,
Defendants.
STIPULATION AND PROTECTIVE ORDER ON CONFIDENTIAL INFORMATION
IT IS HEREBY STIPULATED by and between the parties Plaintiff Anthony Baxter-
Armentrout (“Plaintiff”), Defendant Betty Jean Roberts (“Roberts”), and Defendant Lyft, Inc.
d/b/a/ Lyft Florida, Inc. (“Lyft’)1, by and through their respective counsel of record, that in order
to facilitate the exchange of information and documents which may be subject to confidentiality
limitations on disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate,
pursuant to Fla. R. Civ. P. 1.280(c), for the entry of a protective order as follows:
1. Any party to this litigation may, at the time of production, designate any information,
document or thing, or portion of any document or thing as "Confidential" and subject to
the requirements of this Protective Order if the disclosing party has good cause to
believe the information, document or thing, or portion of any document or thing: (a)
contains trade secrets (as defined in the Florida Uniform Trade Secrets Act),
competitively sensitive technical, marketing, financial, sales or other confidential
business information; (b) contains private or confidential personal information; or (c) is
otherwise entitled to protection under Florida Rule of Civil Procedure 1280(c).
However, nothing in this Protective Order shall be construed as expanding the scope of
information, documents or things that may be deemed confidential beyond those
information, documentation or things requiring protection under applicable Florida
statutes, rules or law. The disclosing party shall designate any such materials by clearly
and conspicuously marking the same with the following or similar legend:
Page 1 of 10
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AAINAINNND ND.4AN-Fe DNA
Pm. PAL DLA VUUINE TT, PL, JUOL I mDnNueey, ULUIAN, Ute eue. Ue. 1U.uU itCase No. 50-2021-CA-013917-XXXX-MB
"CONFIDENTIAL". Documents in native format, if designated, shall be renamed to
include the confidentiality designation at the end of the document's original name.
Designations shall not obscure any information, writings or other markings within any
document being designated. To the extent that a responsive document contains
information that is Protected Health Information (PHI), information protected by the
Health Insurance Portability and Accountability Act (HIPAA), privileged information,
commercially sensitive or proprietary non-responsive information, or is otherwise
specifically protected against such disclosure by applicable law or separate order of the
Court, the producing party may apply redactions to the document and produce the
document in a redacted format. If a redaction is made for any of these reasons, and the
Dasis Tor Such TeGACtiOn is anOtated (Eg, PHI, persona imrommation, Auoimey-Clieit
Privilege) on the redaction itself, such redaction need not be included ona privilege log
or redaction log.
2. The disclosing party bears the burden, if challenged, of proving that any information,
document or thing, or portion of any document or thing is entitled to a designation of"Confidential" under the terms of Paragraph 1. Any party receiving documents or other
materials designated as "Confidential" ("Confidential Material") has the right to challenge
the reasonableness, appropriateness or correctness of any such designation, and the
parties agree that the Court may resolve any dispute between them regarding such
designation. If a party disputes the "Confidential" designation of any document, transcript
or other material, the disputing party must notify the disclosing party of its objection to
the designation in writing. The disputing party shall include the grounds or bases for any
such objection, and must identify for the disclosing party the documents, transcripts or
ather materiale marked ac eanfidential ta which the ohiectinn ic made with onfficient
other materials marked niidential to which the objection is m ufficient
specificity (e.g., by Bates numbers, page and line numbers) to allow disclosing party to
address the challenge.
3. If the parties cannot resolve an objection brought under paragraph 2 herein, the
disclosing party shall have thirty (30) days from the service date of the written objection
notice to file a motion to determine confidentiality of such documents, transcripts or
other materials. If such a motion is timely filed, the disputed documentation, transcript or
Page 2 of 10Case No. 50-2021-CA-013917-XXXX-MB
other material shall be treated as "Confidential" under the terms of this Protective Order
until the Court rules on the motion. If the disclosing party fails to file such a motion within
the above-prescribed time, the disputed documentation, transcript or other material shall
lose its designation as "Confidential" and shall not thereafter be treated as "Confidential"
under this Protective Order. In connection with any motion filed under this provision, the
party designating the documentation, transcript or other material as "Confidential" shall
bear the burden of estabitshing that good cause exists for the disputed documentation,
transcript or other material to be designated as "Confidential" under the terms of
Paragraph 1.
4. Except as otherwise permitted in this Protective Order, all material designated as
"Confidential" shall be used by the receiving party solely for purposes of the prosecution
or defense of this action, shall not be used by the receiving party for any business,
commercial, competitive, personal or other purpose, and shall not be disclosed by the
receiving party to anyone other than those set forth in Paragraph 6 unless otherwise
permitted by the terms of this Protective Order, authorized by order of the Court, or
permitted by written agreement of counsel for the parties.
5. With respect to any oral testimony given during depositions in this matter, the
disclosing party or its attorneys shall have until thirty (30) days after receipt of the
deposition transcript within which to inform all other parties that portions of the transcript
ai€ 1 Le designated "Confdeital”, Which period iy be extenaea by agieeinent oF ihe
parties, and the information so identified shall be treated as "Confidential" for purposes
of this Protective Order. When designating any portion(s) of such transcripts as
"Confidential", the disclosing party shall plainly state the legal basis for each such
designation. Any other party has the right to object to and challenge the designation of
any portion of a transcript as "Confidential", as set forth in Paragraph 2 of this Protective
Order. Only those portions of a transcript designated as "Confidential" shall be treated as
"Confidential" under this Protective Order; all other portions of a transcript, which are not
so designated, shall not be treated as confidential and are not subject to this Protective
Order. Material designated as "Confidential” will not be disclosed by the receiving party
or those in privity with the receiving party except to those persons who may be given
Page 3 of 10Case No. 50-2021-CA-013917-XXXX-MB
access to such materials for the prosecution or defense of the parties' claims in this
Action as described in Paragraph 6 of this Protective Order.
6. The persons who may be given access to materials designated as "Confidential"
include the following: (1) the parties to this litigation and their attorneys; (2) employees or
agents of the parties and their attorneys, including paralegals, assistants, secretaries, and
supporting personnel and stuff acting under the direction of the parties or their attorneys;
(3) in-house counsel to Lytt and their paralegais, assisianis, secretaries, and supporting
personnel and stuff acting under their direction; (4) experts and consultants retained in
connection with this Action, for preparation of this case, or for trial or other proceedings
in this case, and any deposition, trial, or hearing witnesses, provided however, that prior
to the disclosure of Confidential Material, they have signed a non-disclosure agreement
in the form attached hereto as “Exhibit A”; (5) court reporters, whether at depositions,
hearings, or any other proceeding; (6) the Court, and officers or employees of the Court;
(7) litigation support consultants and vendors who provide any litigation support services;
(8) any mediators involved in this Action; (9) the parties’ insurers; (10) mock juryparticipants, provided however, that prior to the disclosure of Confidential Material, they
have signed a non-disclosure agreement in the form attached hereto as “Exhibit A”; and
(11) any person expressly named and agreed to in writing by the parties or by Order of
the Court. Furthermore, any deponent may be shown or examined on any information,
Innamant as thing dacianatad "Onnfidantiall if it annance that tha vritna. sthavad ax
GOCumeMm GF Wang GUsignawG COtiGchuar ir ik appears lat Wie WiuleSss auuioica GF
received a copy of it, was involved in the subject matter described therein or is
employed by the party who produced the information, document or thing, or if the
producing party consents to such disclosure.
7. Areceiving party may submit or present to the Court, through motions or briefs, any
document, transcript, or other material designated as "Confidential" but must do so in
compliance with Fla. R. Jud. Admin. 2.420(c)-(e), including, but not limited to, filing a
motion to determine the confidentiality of court records or a motion to file documents
under seal pending any such confidentiality determination by the court.
8. Areceiving party will not be in violation of this Protective Order for any use, prior to
any subsequent confidentiality designation, of information produced hereunder which was
Page 4 of 10Case No. 50-2021-CA-013917-XXXX-MB
not timely designated as "Confidential" by the disclosing party. However, the inadvertent
or unintentional disclosure of material within the general categories outlined in Paragraph
1 as being entitled to a "Confidential" designation without designating the same as being
"Confidential" will not be deemed a waiver of a claim of confidentiality. The disclosing
party may, within a reasonable time following production, subsequently designate such
information as "Confidential" and, after such designation, such material (subject to
challenge as provided herein) will be ireaied as “Confidential” within the meaning of this
Protective Order.
9. A receiving party's failure to challenge, or decision not to challenge, a disclosing
party's initial designation of any documents or information as being "Confidential" shall
not be construed to signify the receiving party's agreement that such documents,
transcripts or information are appropriately designated as "Confidential." A receiving
party may challenge a designation of "Confidential" at any time, and this Order is without
prejudice to any party or the Court seeking to invoke the provisions of Florida's Sunshine
in Litigation Act.
10. No information that is in the public domain or which is already known by the receiving
party through proper means or which is or becomes available to a party from a source
other than the party asserting confidentiality shall be deemed or considered to be
"Confidential" under this Protective Order. This Protective Order shall not limit or restrict
wivte wea nf atharnrica Wnnfidantial mataciole if thaca matariala: 1) ware
@ TOCCIVINg Party's USS GI GuucTwise “COMuGCHias” Matias ib ues Matcriaus! (ay Were
lawfully in the receiving party's possession before such information was designated as
"Confidential" in this litigation and that the receiving party is not otherwise obligated to
treat it as confidential; (2) were independently developed by it after the time of
disclosure by personnel without access to the disclosing party's protected material; or (3)
have been published to the general public. If the receiving party believes that the
disclosing party has designated documentation that is covered by any of the preceding
categories as "Confidential", the receiving party shall challenge the propriety of such
designation by filing a motion and seeking entry of an Order of the Court. The
"Confidential" designation of any such material continues until the propriety of such
designation has been decided by the Court.
Page 5 of 10Case No. 50-2021-CA-013917-XXXX-MB
1 This Protective Order does not contemplate any party having the right to designate
hearings, trial or transcripts of hearings or trial in this action as "Confidential." Each party
specifically must move for an appropriate order from the Court for the protection for
confidential information in connection with any hearings, trials or transcripts of testimony
given at any hearings or trial.
12. This Protective Order does not apply to the offer of or admission into evidence of
documents or other materials designated as "Confidential" at trial or in any evidentiary
hearing, nor does it apply for any purpose under the Florida Rules of Evidence. Such
evidentiary issues should be raised as a separate matter upon the motion of any party at
the time of trial or evidentiary hearing. Should it become necessary, the parties will
confer on the procedure and agree to a protocol for addressing the introduction of
"Confidential" information and material at any evidentiary hearing or trial.
13. This Protective Order shall not deprive any party of its right to object to discovery by
any other party or on any otherwise permitted ground. This Protective Order is being
entered without prejudice to the right of any party to move the Court for modification orfor relief from any of its terms.
14. This Protective Order shall survive the termination of this action and shall remain in
full force and effect unless modified by an order of this Court or by the written
stipulation of the parties filed with the Court. Within sixty (60) days after the final
conclusion of all proceedings in this matter (including any and ail appeals or the
expiration of all appeal periods), the attorney of record for any receiving party shall
either destroy all copies of material designated as "Confidential" or return them to the
disclosing party. Nothing in this Protective Order prevents counsel from retaining work
product created by or on behalf of that counsel so long as that work product does not
duplicate verbatim substantial portions of the text of any "Confidential" material. This
Paragraph is also subject to the following exception: Each party may retain one complete
set of all documents produced, including documents or materials designated
"Confidential", through the conclusion of the applicable legal malpractice statute of
limitations, prior to compliance either with return or destruction of the "Confidential"
documents.
Page 6 of 10Case No. 50-2021-CA-013917-XXXX-MB
bs. After this Stipulation and Protective Order has been signed by counsel for all Parties,
it shall be presented to the Court for entry. Counsel agree to be bound by the terms set
forth herein with regard to any Confidential Material that have been produced before the
Court by signing this Stipulation and Protective Order.
16. The Parties and all signatories to the Certification attached hereto as “Exhibit A”
agree to be bound by this Stipulation and Protective Order pending its approval and entry
by the Court. In the event that the Court modifies this Stipulation and Protective Order, or
in the event that the Court enters a different Protective Order, the Parties agree to be
bound by this Stipulation and Protective Order until such time as the Court may enter such
a different Order. It is the Parties' intent to be bound by the terms of this Stipulation and
Protective Order pending its entry so as to allow for immediate production of
Confidential Material under the terms herein.
17. This Stipulation and Protective Order may be executed in counterparts.
DATED: April 15, 2022 The Grife Law Firm, P.A.
By: /s Michael K. Grife
Michael K. Grife, Esq.
Attomey for Plaintiff Anthony Baxter-Armentrout
DATED: April 18, 2022 QUINTAIROS, PRIETO, WOOD & BOYER P.A.
By: /s Jaime E, Campos
Jaime E. Campos, Esq.
Attomey for Defendant Betty Jean Roberts
DATED: April 18, 2022 GREENBERG TRAURIG, P.A.
By: s/James E. Gillenwater
James E. Gillenwater, Esq.
Attomey tor Detendant Lytt
Page 7 of 10Case No. 50-2021-CA-013917-XXXX-MB
ORDER
GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective
Order.
IT IS SO ORDERED.
DATED: April 21, 2022
Boal 226
if Seen Judge
50-2021-CA-013917-XXXX-MB 04/21/2022
G. Joseph Curley, Jr.
Circuit JudgePage 8 of 10Case No. 50-2021-CA-013917-XXXX-MB
EXHIBIT A
Certification Re Confidential Discovery Materials
I hereby acknowledge that I, [NAME],
[POSITION AND EMPLOYER], am
about to receive Confidential Materials supplied in connection with the Proceeding, Civil
Action No. 50-2021-CA-013917-XXXX-MB. I certify that I understand that the Confidential
Materials are provided to me subject to the terms and restrictions of the Stipulation and
Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and
Protective Order; I have read it, and I agree to be bound by its terms.
I understand that the Confidential Materials, as defined in the Stipulation and Protective
Order, including any notes or other records that may be made regarding any such materials, shall
not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective
Order. I will not copy or use, except solely for the purposes of this Proceeding, any
Confidential Materials obtained pursuant to this Stipulation and Protective Order, except as
provided therein or otherwise ordered by the Court in the Proceeding.
I further understand that I am to retain all copies of all Confidential Materials provided to
me in the Proceeding in a secure manner, and that all copies of such materials are to remain in
my personal custody until termination of my participation in this Proceeding, whereupon the
copies of such materials will be returned to counsel who provided me with such materials.
VA es An eee Eee ede te Veneers AE the Otnts AE Mtr dint hs Pn
LOCCIMaIS WUE periany O1 peijury, UNUET We 1aWS O18 UIE OlaIG OF PiOTiUd, Wat UIs LOTegZom
is true and correct. Executed this day of »20_, at
BY:
Signature
Page 9 of 10Case No. 50-2021-CA-013917-XXXX-MB
Title
Address
City, State, Zip
Telephone Number
1 Collectively, Plaintiff, Roberts, and Lyft shall be referred to as the “Parties.”Page 10 of 10
Preview
Filing # 148139415 E-Filed 04/21/2022 02:10:58 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ANTHONY BAXTER-ARMENTROUT, Plaintiff, CASE NO: 50-2021-CA-013917-XXXX-MB ve BETTY JEAN ROBERTS, LYFT, INC., A a 3 TUOT ET ANTM A Tar. and Lint PLUKWWA, LNU,, Defendants. STIPULATION AND PROTECTIVE ORDER ON CONFIDENTIAL INFORMATION IT IS HEREBY STIPULATED by and between the parties Plaintiff Anthony Baxter- Armentrout (“Plaintiff”), Defendant Betty Jean Roberts (“Roberts”), and Defendant Lyft, Inc. d/b/a/ Lyft Florida, Inc. (“Lyft’)1, by and through their respective counsel of record, that in order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate, pursuant to Fla. R. Civ. P. 1.280(c), for the entry of a protective order as follows: 1. Any party to this litigation may, at the time of production, designate any information, document or thing, or portion of any document or thing as "Confidential" and subject to the requirements of this Protective Order if the disclosing party has good cause to believe the information, document or thing, or portion of any document or thing: (a) contains trade secrets (as defined in the Florida Uniform Trade Secrets Act), competitively sensitive technical, marketing, financial, sales or other confidential business information; (b) contains private or confidential personal information; or (c) is otherwise entitled to protection under Florida Rule of Civil Procedure 1280(c). However, nothing in this Protective Order shall be construed as expanding the scope of information, documents or things that may be deemed confidential beyond those information, documentation or things requiring protection under applicable Florida statutes, rules or law. The disclosing party shall designate any such materials by clearly and conspicuously marking the same with the following or similar legend: Page 1 of 10 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED AAINAINNND ND.4AN-Fe DNA Pm. PAL DLA VUUINE TT, PL, JUOL I mDnNueey, ULUIAN, Ute eue. Ue. 1U.uU itCase No. 50-2021-CA-013917-XXXX-MB "CONFIDENTIAL". Documents in native format, if designated, shall be renamed to include the confidentiality designation at the end of the document's original name. Designations shall not obscure any information, writings or other markings within any document being designated. To the extent that a responsive document contains information that is Protected Health Information (PHI), information protected by the Health Insurance Portability and Accountability Act (HIPAA), privileged information, commercially sensitive or proprietary non-responsive information, or is otherwise specifically protected against such disclosure by applicable law or separate order of the Court, the producing party may apply redactions to the document and produce the document in a redacted format. If a redaction is made for any of these reasons, and the Dasis Tor Such TeGACtiOn is anOtated (Eg, PHI, persona imrommation, Auoimey-Clieit Privilege) on the redaction itself, such redaction need not be included ona privilege log or redaction log. 2. The disclosing party bears the burden, if challenged, of proving that any information, document or thing, or portion of any document or thing is entitled to a designation of"Confidential" under the terms of Paragraph 1. Any party receiving documents or other materials designated as "Confidential" ("Confidential Material") has the right to challenge the reasonableness, appropriateness or correctness of any such designation, and the parties agree that the Court may resolve any dispute between them regarding such designation. If a party disputes the "Confidential" designation of any document, transcript or other material, the disputing party must notify the disclosing party of its objection to the designation in writing. The disputing party shall include the grounds or bases for any such objection, and must identify for the disclosing party the documents, transcripts or ather materiale marked ac eanfidential ta which the ohiectinn ic made with onfficient other materials marked niidential to which the objection is m ufficient specificity (e.g., by Bates numbers, page and line numbers) to allow disclosing party to address the challenge. 3. If the parties cannot resolve an objection brought under paragraph 2 herein, the disclosing party shall have thirty (30) days from the service date of the written objection notice to file a motion to determine confidentiality of such documents, transcripts or other materials. If such a motion is timely filed, the disputed documentation, transcript or Page 2 of 10Case No. 50-2021-CA-013917-XXXX-MB other material shall be treated as "Confidential" under the terms of this Protective Order until the Court rules on the motion. If the disclosing party fails to file such a motion within the above-prescribed time, the disputed documentation, transcript or other material shall lose its designation as "Confidential" and shall not thereafter be treated as "Confidential" under this Protective Order. In connection with any motion filed under this provision, the party designating the documentation, transcript or other material as "Confidential" shall bear the burden of estabitshing that good cause exists for the disputed documentation, transcript or other material to be designated as "Confidential" under the terms of Paragraph 1. 4. Except as otherwise permitted in this Protective Order, all material designated as "Confidential" shall be used by the receiving party solely for purposes of the prosecution or defense of this action, shall not be used by the receiving party for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party to anyone other than those set forth in Paragraph 6 unless otherwise permitted by the terms of this Protective Order, authorized by order of the Court, or permitted by written agreement of counsel for the parties. 5. With respect to any oral testimony given during depositions in this matter, the disclosing party or its attorneys shall have until thirty (30) days after receipt of the deposition transcript within which to inform all other parties that portions of the transcript ai€ 1 Le designated "Confdeital”, Which period iy be extenaea by agieeinent oF ihe parties, and the information so identified shall be treated as "Confidential" for purposes of this Protective Order. When designating any portion(s) of such transcripts as "Confidential", the disclosing party shall plainly state the legal basis for each such designation. Any other party has the right to object to and challenge the designation of any portion of a transcript as "Confidential", as set forth in Paragraph 2 of this Protective Order. Only those portions of a transcript designated as "Confidential" shall be treated as "Confidential" under this Protective Order; all other portions of a transcript, which are not so designated, shall not be treated as confidential and are not subject to this Protective Order. Material designated as "Confidential” will not be disclosed by the receiving party or those in privity with the receiving party except to those persons who may be given Page 3 of 10Case No. 50-2021-CA-013917-XXXX-MB access to such materials for the prosecution or defense of the parties' claims in this Action as described in Paragraph 6 of this Protective Order. 6. The persons who may be given access to materials designated as "Confidential" include the following: (1) the parties to this litigation and their attorneys; (2) employees or agents of the parties and their attorneys, including paralegals, assistants, secretaries, and supporting personnel and stuff acting under the direction of the parties or their attorneys; (3) in-house counsel to Lytt and their paralegais, assisianis, secretaries, and supporting personnel and stuff acting under their direction; (4) experts and consultants retained in connection with this Action, for preparation of this case, or for trial or other proceedings in this case, and any deposition, trial, or hearing witnesses, provided however, that prior to the disclosure of Confidential Material, they have signed a non-disclosure agreement in the form attached hereto as “Exhibit A”; (5) court reporters, whether at depositions, hearings, or any other proceeding; (6) the Court, and officers or employees of the Court; (7) litigation support consultants and vendors who provide any litigation support services; (8) any mediators involved in this Action; (9) the parties’ insurers; (10) mock juryparticipants, provided however, that prior to the disclosure of Confidential Material, they have signed a non-disclosure agreement in the form attached hereto as “Exhibit A”; and (11) any person expressly named and agreed to in writing by the parties or by Order of the Court. Furthermore, any deponent may be shown or examined on any information, Innamant as thing dacianatad "Onnfidantiall if it annance that tha vritna. sthavad ax GOCumeMm GF Wang GUsignawG COtiGchuar ir ik appears lat Wie WiuleSss auuioica GF received a copy of it, was involved in the subject matter described therein or is employed by the party who produced the information, document or thing, or if the producing party consents to such disclosure. 7. Areceiving party may submit or present to the Court, through motions or briefs, any document, transcript, or other material designated as "Confidential" but must do so in compliance with Fla. R. Jud. Admin. 2.420(c)-(e), including, but not limited to, filing a motion to determine the confidentiality of court records or a motion to file documents under seal pending any such confidentiality determination by the court. 8. Areceiving party will not be in violation of this Protective Order for any use, prior to any subsequent confidentiality designation, of information produced hereunder which was Page 4 of 10Case No. 50-2021-CA-013917-XXXX-MB not timely designated as "Confidential" by the disclosing party. However, the inadvertent or unintentional disclosure of material within the general categories outlined in Paragraph 1 as being entitled to a "Confidential" designation without designating the same as being "Confidential" will not be deemed a waiver of a claim of confidentiality. The disclosing party may, within a reasonable time following production, subsequently designate such information as "Confidential" and, after such designation, such material (subject to challenge as provided herein) will be ireaied as “Confidential” within the meaning of this Protective Order. 9. A receiving party's failure to challenge, or decision not to challenge, a disclosing party's initial designation of any documents or information as being "Confidential" shall not be construed to signify the receiving party's agreement that such documents, transcripts or information are appropriately designated as "Confidential." A receiving party may challenge a designation of "Confidential" at any time, and this Order is without prejudice to any party or the Court seeking to invoke the provisions of Florida's Sunshine in Litigation Act. 10. No information that is in the public domain or which is already known by the receiving party through proper means or which is or becomes available to a party from a source other than the party asserting confidentiality shall be deemed or considered to be "Confidential" under this Protective Order. This Protective Order shall not limit or restrict wivte wea nf atharnrica Wnnfidantial mataciole if thaca matariala: 1) ware @ TOCCIVINg Party's USS GI GuucTwise “COMuGCHias” Matias ib ues Matcriaus! (ay Were lawfully in the receiving party's possession before such information was designated as "Confidential" in this litigation and that the receiving party is not otherwise obligated to treat it as confidential; (2) were independently developed by it after the time of disclosure by personnel without access to the disclosing party's protected material; or (3) have been published to the general public. If the receiving party believes that the disclosing party has designated documentation that is covered by any of the preceding categories as "Confidential", the receiving party shall challenge the propriety of such designation by filing a motion and seeking entry of an Order of the Court. The "Confidential" designation of any such material continues until the propriety of such designation has been decided by the Court. Page 5 of 10Case No. 50-2021-CA-013917-XXXX-MB 1 This Protective Order does not contemplate any party having the right to designate hearings, trial or transcripts of hearings or trial in this action as "Confidential." Each party specifically must move for an appropriate order from the Court for the protection for confidential information in connection with any hearings, trials or transcripts of testimony given at any hearings or trial. 12. This Protective Order does not apply to the offer of or admission into evidence of documents or other materials designated as "Confidential" at trial or in any evidentiary hearing, nor does it apply for any purpose under the Florida Rules of Evidence. Such evidentiary issues should be raised as a separate matter upon the motion of any party at the time of trial or evidentiary hearing. Should it become necessary, the parties will confer on the procedure and agree to a protocol for addressing the introduction of "Confidential" information and material at any evidentiary hearing or trial. 13. This Protective Order shall not deprive any party of its right to object to discovery by any other party or on any otherwise permitted ground. This Protective Order is being entered without prejudice to the right of any party to move the Court for modification orfor relief from any of its terms. 14. This Protective Order shall survive the termination of this action and shall remain in full force and effect unless modified by an order of this Court or by the written stipulation of the parties filed with the Court. Within sixty (60) days after the final conclusion of all proceedings in this matter (including any and ail appeals or the expiration of all appeal periods), the attorney of record for any receiving party shall either destroy all copies of material designated as "Confidential" or return them to the disclosing party. Nothing in this Protective Order prevents counsel from retaining work product created by or on behalf of that counsel so long as that work product does not duplicate verbatim substantial portions of the text of any "Confidential" material. This Paragraph is also subject to the following exception: Each party may retain one complete set of all documents produced, including documents or materials designated "Confidential", through the conclusion of the applicable legal malpractice statute of limitations, prior to compliance either with return or destruction of the "Confidential" documents. Page 6 of 10Case No. 50-2021-CA-013917-XXXX-MB bs. After this Stipulation and Protective Order has been signed by counsel for all Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein with regard to any Confidential Material that have been produced before the Court by signing this Stipulation and Protective Order. 16. The Parties and all signatories to the Certification attached hereto as “Exhibit A” agree to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event that the Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective Order until such time as the Court may enter such a different Order. It is the Parties' intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for immediate production of Confidential Material under the terms herein. 17. This Stipulation and Protective Order may be executed in counterparts. DATED: April 15, 2022 The Grife Law Firm, P.A. By: /s Michael K. Grife Michael K. Grife, Esq. Attomey for Plaintiff Anthony Baxter-Armentrout DATED: April 18, 2022 QUINTAIROS, PRIETO, WOOD & BOYER P.A. By: /s Jaime E, Campos Jaime E. Campos, Esq. Attomey for Defendant Betty Jean Roberts DATED: April 18, 2022 GREENBERG TRAURIG, P.A. By: s/James E. Gillenwater James E. Gillenwater, Esq. Attomey tor Detendant Lytt Page 7 of 10Case No. 50-2021-CA-013917-XXXX-MB ORDER GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective Order. IT IS SO ORDERED. DATED: April 21, 2022 Boal 226 if Seen Judge 50-2021-CA-013917-XXXX-MB 04/21/2022 G. Joseph Curley, Jr. Circuit JudgePage 8 of 10Case No. 50-2021-CA-013917-XXXX-MB EXHIBIT A Certification Re Confidential Discovery Materials I hereby acknowledge that I, [NAME], [POSITION AND EMPLOYER], am about to receive Confidential Materials supplied in connection with the Proceeding, Civil Action No. 50-2021-CA-013917-XXXX-MB. I certify that I understand that the Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. I understand that the Confidential Materials, as defined in the Stipulation and Protective Order, including any notes or other records that may be made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained pursuant to this Stipulation and Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding. I further understand that I am to retain all copies of all Confidential Materials provided to me in the Proceeding in a secure manner, and that all copies of such materials are to remain in my personal custody until termination of my participation in this Proceeding, whereupon the copies of such materials will be returned to counsel who provided me with such materials. VA es An eee Eee ede te Veneers AE the Otnts AE Mtr dint hs Pn LOCCIMaIS WUE periany O1 peijury, UNUET We 1aWS O18 UIE OlaIG OF PiOTiUd, Wat UIs LOTegZom is true and correct. Executed this day of »20_, at BY: Signature Page 9 of 10Case No. 50-2021-CA-013917-XXXX-MB Title Address City, State, Zip Telephone Number 1 Collectively, Plaintiff, Roberts, and Lyft shall be referred to as the “Parties.”Page 10 of 10