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Filing # 108004972 E-Filed 05/27/2020 02:37:26 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
LUERETTA SMITH,
Plaintiff, CASE NO. CACE-19-021319 (13)
VS.
WINN-DIXIE STORES, INC.,
Defendant.
/
STIPULATION ON AGREED PROTECTIVE ORDER
RE: CONFIDENTIAL INFORMATION
On this 27th day of May 2020, counsel for the Plaintiff in the above litigation has
requested production of documents containing proprietary materials and/or confidential
information. To the extent that any party produces any documents which they designate as
“Protected Documents” or "Confidential Materials" in this action, such production shall be
subject to this Stipulation and Protective Order Re: Confidential Information (the “Order”).
The purpose and intent of the Order is to assure that (1) the Protected Documents shall be
used only for legitimate purposes in LUERETTA SMITH, Plaintiff v. WINN-DIXIE STORES,
INC., Defendant, Circuit Court in Broward County, Case No. 19-021319 (13) (hereinafter the
“Action’”); (2) the Protected Documents and information contained therein shall not be disclosed
to the public, to the competitors of a party producing such Protected Documents, or to any
persons or entities not directly and legitimately participating in the prosecution of this Action;
and (3) the Protected Documents (including all duplicates or manifestations thereof) shall be
retumed to the party or destroyed at the conclusion of this action.
THEREFORE UPON AGREEMENT OF THE PARTIES AND FOR GOOD CAUSE
SHOWN, IT IS HEREBY ORDERED AS FOLLOWS:
1025563\305759113.v1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/27/2020 02:37:26 PM.****CASE NO. CACE-19-021319 (13)
This Order shall govern documents and other material or information produced, formally
or informally, in the course of litigation. The term "Confidential" shall mean and include
documents and tangible things, portions of documents, answers to interrogatories,
responses to requests for admissions, deposition transcripts and exhibits, pleadings,
motions, declarations or affidavits and exhibits thereto, briefs, and trial transcripts that are
designated “Confidential” under the terms of this Protective Order and that the
designating party has a good faith basis for believing that the documents contain or reveal
trade secret or other confidential research, development, or commercial information. The
term “document” means all written, recorded, or graphic material, whether produced or
created by a party or another person, whether produced pursuant to the Florida Rules of
Civil Procedure, subpoena, by agreement, or otherwise. The term “Counsel” shall mean
counsel of record for the parties in this action who are actively engaged in the conduct of
this litigation. The term "Qualified Person(s)" shall mean any experts expected to testify
at trial and other experts specially retained or consulting experts, the parties and the law
firms that have signed this stipulation, including partners, associates, secretaries,
paralegal assistants, employees of such counsel to the extent reasonably necessary to
render professional services in the litigation, case management personnel, Court reporters
and translators and deposition transcript reporters and translators; and, the Court and its
authorized staff.
As used in this Order, “Confidential Material” shall refer to any documents, or any
portions thereof, designated as "Confidential", whether produced before the execution of
this Order or after the execution of this Order, as well as information contained in or
derived from such documents. Any party (the “Designating Party”) may designate
1025563\305759113.v1CASE NO. CACE-19-021319 (13)
Litigation materials as confidential by placing or affixing thereon in such manner as will
not interfere with the reasonable legibility thereof the following, or otherwise
appropriate, notice: “CONFIDENTIAL.” At the discretion of the Designating Party, the
notice may appear on every page of Confidential material or only on the first page of any
material the entirety of which is intended to be confidential, and such notice may appear
in the margins or across the body of the page. Confidential material may, but does not
have to, bear Bates numbers or other identifying marks. Such designation shall constitute
a representation by the Designating Party that it has a reasonable basis to believe that the
material so designated is indeed appropriate for the protection provided in this Protective
Order and that it is entitled to claim such protection for the material. Confidential
material, any copy thereof, and any notes or summaries made therefrom shall not be used
by any party receiving it, including counsel and/or qualified persons, for any purpose
other than the litigation of this action.
Aside from documents produced amongst parties pursuant to Requests for Production,
medical records produced by third parties shall also be considered Confidential Material.
Every document or thing identified as a confidential document containing confidential,
proprietary or trade secret information shall be deemed a “Protected Document.” The
parties’ use of Protected Documents and the confidential information contained within
them shall be strictly limited to legitimate purposes for discovery and trial in this Action,
and for no other purpose. Use of the Protected Documents or the confidential
information therein for release to attorneys and experts not directly and materially
involved in the prosecution or defense of this Action or to the media, or use outside of
this Action, is strictly prohibited.
1025563\305759113.v1CASE NO. CACE-19-021319 (13)
Access to Protected Documents and the information contained therein shall be strictly
limited to: the plaintiffs; the defendants; the parties’ respective insurance representatives;
the attorneys of record presently representing the parties; any employees of the receiving
attorneys’ respective firms, provided that, prior to disclosure, counsel of record certifies
that they have advised such employees of their obligations under this Order; and any
experts retained to assist in the preparation and trial of this litigation, all of whom hereby
expressly agree to strictly comply with the terms of this “Stipulation and Protective Order
Re: Confidential Information.”
Only one copy of any Protected Document shall be provided upon request to a party’s
Counsel, who shall receive such Protected Document in a sealed package. All Protected
Documents shall be controlled and properly secured by that Counsel to prevent
unauthorized access to or reproduction of the Confidential Material. All Protected
Documents will have the watermark - for example “CONFIDENTIAL -
SMITH/MORGAN”.
Materials designated Confidential and/or Protected shall not be disclosed to anyone other
than Counsel and/or Qualified Persons. Should any party desire to disclose Confidential
material to anyone in addition to Counsel and/or Qualified Persons, such party shall
provide the Designating Party fourteen (14) days’ prior written notice of the intent to
disclose Confidential or Protected Documents to such additional person(s), which notice
shall state the name and address of the additional person(s) and the reason(s) review by
such additional person(s) is desired. If the Designating Party objects in writing to such
disclosure within that fourteen (14) day period, then such Confidential or Protected
1025563\305759113.v110.
CASE NO. CACE-19-021319 (13)
Documents will not be disclosed unless and until this Court overrules the Designating
Party’s objection.
If Confidential or Protected Documents are utilized or referred to during depositions, any
party may request that only Qualified Persons, the deponent and the reporter shall be
present. The transcript or portions thereof, including exhibits, for which confidentiality is
claimed, shall be bound separately under seal and prominently marked “Confidential.”
Any and all computer-readable versions of the deposition or portions thereof shall also be
so marked. If notification of confidentiality is made other than at the deposition itself,
the court reporter shall upon request provide any party with a list of persons to whom
transcripts and/or exhibits have already been sent, and all parties shall cooperate in
ensuring that all originals or copies of such transcripts or exhibits, including those in
computer-readable form, are appropriately marked and separately bound. The court
reporter shall be advised to limit the distribution of the confidential portion(s) of the
transcripts and exhibits to specified Counsel and to the deponent or his or her attorney.
Confidential or Protected Documents may be referred to or incorporated in briefs,
affidavits, or other documents filed with this Court, but only to the extent reasonably
necessary for the litigation of this action and provided that such documents shall be filed
with the Clerk of the Court under Seal and prominently marked “Confidential.”
This Protective Order shall survive the termination of this action. All Confidential or
Protected material shall retain that designation and shall remain subject to this Protective
Order until such time, if ever, as the Court renders a decision that any challenged material
shall not be covered by the terms of this Protective Order and any and all proceedings and
appeals challenging such decision shall have been concluded.
1025563\305759113.v111.
12.
13.
14.
15.
CASE NO. CACE-19-021319 (13)
Nothing in the foregoing provisions of this Protective Order shall be deemed to preclude
any party from seeking and obtaining, on an appropriate showing, additional protection
with respect to the confidentiality of documents or other discovery material relief for this
Protective Order with respect to particular material designated as containing Confidential
information.
In the event that one or more parties are added or substituted into this action, this
Protective Order shall be binding on such new parties, subject to the right of such new
parties to seek relief from or modification of this Order.
If the Designating Party believes there has been a possible violation of this Protective
Order, the Designating Party may file a Petition for Injunctive Relief to stop, restrict
and/or obstruct any disclosure, and/or to recover any such documents that were
disseminated contrary to this Protective Order. The filing of the Petition for Injunctive
Relief shall not require the posting of a bond.
Any future order or judgment rendered by the Court that invalidates any portion of this
Protective Order shall not be deemed to invalidate the remainder of this Protective Order.
All the remaining terms of this Protective Order shall remain in full force and effect
should any future order amend or revise any of its terms. In addition, any revisions or
amendments to this Protective Order need to be in writing and executed with the same
formality as this Protective Order, either by agreement between the parties or by entry of
an order by the Court.
Confidential or Protected material may be offered into evidence, if otherwise admissible,
but only to the extent reasonably necessary for the litigation of this action and provided
that the offering party shall give the Designating Party twenty-one (21) days’ prior
1025563\305759113.v116.
17.
CASE NO. CACE-19-021319 (13)
written notice of its intent to make such offer so that the Designating Party may have
adequate opportunity to object to the proffer or otherwise to seek protection of the
Confidential material, including but not limited to in_camera treatment of such
Confidential material unless ordered otherwise by the Court. This designation shall be
satisfied by the filing of a Witness and/or Exhibit List pursuant to the Court's Pre-trial
Order.
If any party designates any document or thing as Confidential or Protected which any
other party believes should not be treated as confidential, they shall so notify the
producing party’s counsel in writing. If the parties are unable to resolve the issue by
agreement, the party which designated the document or thing as confidential shall file a
motion under seal pertaining to the confidential material at issue or the classification of
confidentiality for said confidential materials. Such a motion shall be filed within 20
days of being notified that any party objects to a designation of confidentiality. If a
motion is filed, the confidential material shall be treated as Confidential and Protected in
accordance with this Order until further order of the Court.
On final termination of this Action, the delivering attorneys shall notify the receiving
attorneys to promptly assemble all Confidential and Protected Documents and all other
discovery materials, including written discovery, responses thereto, depositions,
memoranda and other documents which contain or make reference to any Protected
Documents and/or the confidential information contained therein (and including those
provided to experts and other persons), and receiving attorneys shall either return them to
counsel for the party which produced the Protected Documents, or certify the destruction
of said Documents.
1025563\305759113.v118.
19.
20.
CASE NO. CACE-19-021319 (13)
This Order is subject to revocation or modification by further order of the Court upon
written stipulation of the parties, or upon motion and reasonable notice, including
opportunity for hearing and, if appropriate, the presentation of evidence.
The Parties agree that this Order will cover Confidential or Protected Documents
previously produced, whether watermarked or not.
If it becomes necessary to file any Confidential Information and Documents with the
Court in the instant action, in support of a pending pleading, such filing will be filed as
confidential pursuant to Florida Rule of Judicial Administration 2.420.
/s/ Susan Guller Dated: May 27, 2020
Susan Guller
Law Offices of Justin G. Morgan, P.A.
/s/ Paul J. Gamm Dated: May 27, 2020
Paul J. Gamm
Hinshaw & Culbertson, LLP
1025563\305759113.v1
Preview
Filing # 108004972 E-Filed 05/27/2020 02:37:26 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION LUERETTA SMITH, Plaintiff, CASE NO. CACE-19-021319 (13) VS. WINN-DIXIE STORES, INC., Defendant. / STIPULATION ON AGREED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION On this 27th day of May 2020, counsel for the Plaintiff in the above litigation has requested production of documents containing proprietary materials and/or confidential information. To the extent that any party produces any documents which they designate as “Protected Documents” or "Confidential Materials" in this action, such production shall be subject to this Stipulation and Protective Order Re: Confidential Information (the “Order”). The purpose and intent of the Order is to assure that (1) the Protected Documents shall be used only for legitimate purposes in LUERETTA SMITH, Plaintiff v. WINN-DIXIE STORES, INC., Defendant, Circuit Court in Broward County, Case No. 19-021319 (13) (hereinafter the “Action’”); (2) the Protected Documents and information contained therein shall not be disclosed to the public, to the competitors of a party producing such Protected Documents, or to any persons or entities not directly and legitimately participating in the prosecution of this Action; and (3) the Protected Documents (including all duplicates or manifestations thereof) shall be retumed to the party or destroyed at the conclusion of this action. THEREFORE UPON AGREEMENT OF THE PARTIES AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED AS FOLLOWS: 1025563\305759113.v1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/27/2020 02:37:26 PM.****CASE NO. CACE-19-021319 (13) This Order shall govern documents and other material or information produced, formally or informally, in the course of litigation. The term "Confidential" shall mean and include documents and tangible things, portions of documents, answers to interrogatories, responses to requests for admissions, deposition transcripts and exhibits, pleadings, motions, declarations or affidavits and exhibits thereto, briefs, and trial transcripts that are designated “Confidential” under the terms of this Protective Order and that the designating party has a good faith basis for believing that the documents contain or reveal trade secret or other confidential research, development, or commercial information. The term “document” means all written, recorded, or graphic material, whether produced or created by a party or another person, whether produced pursuant to the Florida Rules of Civil Procedure, subpoena, by agreement, or otherwise. The term “Counsel” shall mean counsel of record for the parties in this action who are actively engaged in the conduct of this litigation. The term "Qualified Person(s)" shall mean any experts expected to testify at trial and other experts specially retained or consulting experts, the parties and the law firms that have signed this stipulation, including partners, associates, secretaries, paralegal assistants, employees of such counsel to the extent reasonably necessary to render professional services in the litigation, case management personnel, Court reporters and translators and deposition transcript reporters and translators; and, the Court and its authorized staff. As used in this Order, “Confidential Material” shall refer to any documents, or any portions thereof, designated as "Confidential", whether produced before the execution of this Order or after the execution of this Order, as well as information contained in or derived from such documents. Any party (the “Designating Party”) may designate 1025563\305759113.v1CASE NO. CACE-19-021319 (13) Litigation materials as confidential by placing or affixing thereon in such manner as will not interfere with the reasonable legibility thereof the following, or otherwise appropriate, notice: “CONFIDENTIAL.” At the discretion of the Designating Party, the notice may appear on every page of Confidential material or only on the first page of any material the entirety of which is intended to be confidential, and such notice may appear in the margins or across the body of the page. Confidential material may, but does not have to, bear Bates numbers or other identifying marks. Such designation shall constitute a representation by the Designating Party that it has a reasonable basis to believe that the material so designated is indeed appropriate for the protection provided in this Protective Order and that it is entitled to claim such protection for the material. Confidential material, any copy thereof, and any notes or summaries made therefrom shall not be used by any party receiving it, including counsel and/or qualified persons, for any purpose other than the litigation of this action. Aside from documents produced amongst parties pursuant to Requests for Production, medical records produced by third parties shall also be considered Confidential Material. Every document or thing identified as a confidential document containing confidential, proprietary or trade secret information shall be deemed a “Protected Document.” The parties’ use of Protected Documents and the confidential information contained within them shall be strictly limited to legitimate purposes for discovery and trial in this Action, and for no other purpose. Use of the Protected Documents or the confidential information therein for release to attorneys and experts not directly and materially involved in the prosecution or defense of this Action or to the media, or use outside of this Action, is strictly prohibited. 1025563\305759113.v1CASE NO. CACE-19-021319 (13) Access to Protected Documents and the information contained therein shall be strictly limited to: the plaintiffs; the defendants; the parties’ respective insurance representatives; the attorneys of record presently representing the parties; any employees of the receiving attorneys’ respective firms, provided that, prior to disclosure, counsel of record certifies that they have advised such employees of their obligations under this Order; and any experts retained to assist in the preparation and trial of this litigation, all of whom hereby expressly agree to strictly comply with the terms of this “Stipulation and Protective Order Re: Confidential Information.” Only one copy of any Protected Document shall be provided upon request to a party’s Counsel, who shall receive such Protected Document in a sealed package. All Protected Documents shall be controlled and properly secured by that Counsel to prevent unauthorized access to or reproduction of the Confidential Material. All Protected Documents will have the watermark - for example “CONFIDENTIAL - SMITH/MORGAN”. Materials designated Confidential and/or Protected shall not be disclosed to anyone other than Counsel and/or Qualified Persons. Should any party desire to disclose Confidential material to anyone in addition to Counsel and/or Qualified Persons, such party shall provide the Designating Party fourteen (14) days’ prior written notice of the intent to disclose Confidential or Protected Documents to such additional person(s), which notice shall state the name and address of the additional person(s) and the reason(s) review by such additional person(s) is desired. If the Designating Party objects in writing to such disclosure within that fourteen (14) day period, then such Confidential or Protected 1025563\305759113.v110. CASE NO. CACE-19-021319 (13) Documents will not be disclosed unless and until this Court overrules the Designating Party’s objection. If Confidential or Protected Documents are utilized or referred to during depositions, any party may request that only Qualified Persons, the deponent and the reporter shall be present. The transcript or portions thereof, including exhibits, for which confidentiality is claimed, shall be bound separately under seal and prominently marked “Confidential.” Any and all computer-readable versions of the deposition or portions thereof shall also be so marked. If notification of confidentiality is made other than at the deposition itself, the court reporter shall upon request provide any party with a list of persons to whom transcripts and/or exhibits have already been sent, and all parties shall cooperate in ensuring that all originals or copies of such transcripts or exhibits, including those in computer-readable form, are appropriately marked and separately bound. The court reporter shall be advised to limit the distribution of the confidential portion(s) of the transcripts and exhibits to specified Counsel and to the deponent or his or her attorney. Confidential or Protected Documents may be referred to or incorporated in briefs, affidavits, or other documents filed with this Court, but only to the extent reasonably necessary for the litigation of this action and provided that such documents shall be filed with the Clerk of the Court under Seal and prominently marked “Confidential.” This Protective Order shall survive the termination of this action. All Confidential or Protected material shall retain that designation and shall remain subject to this Protective Order until such time, if ever, as the Court renders a decision that any challenged material shall not be covered by the terms of this Protective Order and any and all proceedings and appeals challenging such decision shall have been concluded. 1025563\305759113.v111. 12. 13. 14. 15. CASE NO. CACE-19-021319 (13) Nothing in the foregoing provisions of this Protective Order shall be deemed to preclude any party from seeking and obtaining, on an appropriate showing, additional protection with respect to the confidentiality of documents or other discovery material relief for this Protective Order with respect to particular material designated as containing Confidential information. In the event that one or more parties are added or substituted into this action, this Protective Order shall be binding on such new parties, subject to the right of such new parties to seek relief from or modification of this Order. If the Designating Party believes there has been a possible violation of this Protective Order, the Designating Party may file a Petition for Injunctive Relief to stop, restrict and/or obstruct any disclosure, and/or to recover any such documents that were disseminated contrary to this Protective Order. The filing of the Petition for Injunctive Relief shall not require the posting of a bond. Any future order or judgment rendered by the Court that invalidates any portion of this Protective Order shall not be deemed to invalidate the remainder of this Protective Order. All the remaining terms of this Protective Order shall remain in full force and effect should any future order amend or revise any of its terms. In addition, any revisions or amendments to this Protective Order need to be in writing and executed with the same formality as this Protective Order, either by agreement between the parties or by entry of an order by the Court. Confidential or Protected material may be offered into evidence, if otherwise admissible, but only to the extent reasonably necessary for the litigation of this action and provided that the offering party shall give the Designating Party twenty-one (21) days’ prior 1025563\305759113.v116. 17. CASE NO. CACE-19-021319 (13) written notice of its intent to make such offer so that the Designating Party may have adequate opportunity to object to the proffer or otherwise to seek protection of the Confidential material, including but not limited to in_camera treatment of such Confidential material unless ordered otherwise by the Court. This designation shall be satisfied by the filing of a Witness and/or Exhibit List pursuant to the Court's Pre-trial Order. If any party designates any document or thing as Confidential or Protected which any other party believes should not be treated as confidential, they shall so notify the producing party’s counsel in writing. If the parties are unable to resolve the issue by agreement, the party which designated the document or thing as confidential shall file a motion under seal pertaining to the confidential material at issue or the classification of confidentiality for said confidential materials. Such a motion shall be filed within 20 days of being notified that any party objects to a designation of confidentiality. If a motion is filed, the confidential material shall be treated as Confidential and Protected in accordance with this Order until further order of the Court. On final termination of this Action, the delivering attorneys shall notify the receiving attorneys to promptly assemble all Confidential and Protected Documents and all other discovery materials, including written discovery, responses thereto, depositions, memoranda and other documents which contain or make reference to any Protected Documents and/or the confidential information contained therein (and including those provided to experts and other persons), and receiving attorneys shall either return them to counsel for the party which produced the Protected Documents, or certify the destruction of said Documents. 1025563\305759113.v118. 19. 20. CASE NO. CACE-19-021319 (13) This Order is subject to revocation or modification by further order of the Court upon written stipulation of the parties, or upon motion and reasonable notice, including opportunity for hearing and, if appropriate, the presentation of evidence. The Parties agree that this Order will cover Confidential or Protected Documents previously produced, whether watermarked or not. If it becomes necessary to file any Confidential Information and Documents with the Court in the instant action, in support of a pending pleading, such filing will be filed as confidential pursuant to Florida Rule of Judicial Administration 2.420. /s/ Susan Guller Dated: May 27, 2020 Susan Guller Law Offices of Justin G. Morgan, P.A. /s/ Paul J. Gamm Dated: May 27, 2020 Paul J. Gamm Hinshaw & Culbertson, LLP 1025563\305759113.v1