Case 8:13-cv-03059-GJH Document 312 Filed 10/15/15 Page 1 of 5

FILED

U.S. DISTRICT COURT

IN THE UNITED STATES DISTRICT
COURillSTRICT
OF MARYLAND
FOR THE DISTRICT
OF MARYLAND
SOlltl1em Dil'isioll
1fllSOCTI 5 P 2: I 0 '

BRETT

KIMBERLIN,

Plaintiff,

CLERK'S OFFICE
AT GflEEf\3EL1

BY_ .._.__ rF~iIT'.

*
Casc No.: G.JH-I3-030S9

v.

PATRICK

FREY,

Defendant.

ORDER
Upon review of Defendant
opposition

that Defendant's

Motion lor a Protective

of the model order in Appendix

hereby GRANTED

of Diseovcry

the course of discovery.

all Responses

all Answers

to Requests

exhibits

Ordcr. reflecting

in broad terms thc

D of the Local Rulcs of this Honorable

Court. is

as follows:

I. Dcsignation

deposition

Order and any

thereto. and for good cause shown. it is hereby this 15th day of October 2015.

OIH)ERED
substance

Patrick Frey's Motion for a Protective

Materials

as Confidential.

to Interrogatories.

lor Production

of Documcnts.

All documents

all Answers

in

to Requests lor Admission.

and all deposition

shall be subjcct to this Order concerning

produccd

conlidcntial

testimony
information.

and
as sct

forth below:
(a) The designation
document.

of conlidential

information

shall be made by placing or affixing on the

in a manncr which will not interfere with its legibility. thc word

"CONFIDENTIAL."

One who provides matcrialmay

designate

it as

Case 8:13-cv-03059-GJH Document 312 Filed 10/15/15 Page 2 of 5

"CONFIDENTIAL"

only when such person in good faith belie\'es it contains sensiti\'e

personal inli.lfIl1ation. trade secrets or other confidential research. development. or

commercial information which is in fact confidential. A pany shall not routinely
designate material as "CONFIDENTlAL:'

or make such a designation without

reasonable inquiry to determine whether it qualilies Ii.)rsuch designation. Exccpt li.)r

documcnts produced for inspection at the party's llicilities. the designation of
confidential information shall be made prior to. or contemporaneously

with. the

production or disclosure of that information. In the event that documents are produced
for inspection at the party's facilities. such documents may be produccd tor inspection
belore being marked confidential. Once specitic documents have been designatcd li.)r
copying. any documents containing conlidential information willthcn be marked
confidential alier copying but beti.)re delivery to the pany who inspected and designated
the documcnts. There will be no waiver of confidcntiality by the inspection of
confidential documents beli.)J"ethey are copied and marked confidelllial pursuant to this
procedure.
(b) Ponions of dcpositions of a pany's present and li.lfIl1erofticcrs. directors. cmployecs.
agents. expens. and representatives shall be deemed confidential only if they are
designated as such when the deposition is taken or within seven business days alier
receipt of the transcript. Any testimony which describes a documcnt \\hich has bccn
designated as "CONFIDENTIAL:"

as described above. shall also be deemed to bc

designated as "CONFIDENTIAL."
(c) Intormation or documents designated as confidential under this Order shall not be uscd
or disclosed by the parties or counsel lor the panics or any persons identi tied in

Case 8:13-cv-03059-GJH Document 312 Filed 10/15/15 Page 3 of 5

subparagraph (d) below for any purposes whatsoever other than preparing for and
eonducting the litigation in which the inlormation or documents were disclosed
(including appeals). The parties shall not disclose inlormation or documents designated
as confidential to putative class members not named as plaintiffs in putative class
litigation unless and until one or more classes has/have been certified.
(d) The parties and counsel for the parties shall not disclose or permit the disclosure of any
documents or information designated as conlidentialunder

this Order to any other

person or entity. except that disclosures may be made in the following circumstances:
(i)

Disclosure may be made to counsel and employees of counsel I()r the

parties who have direct functional responsibility l()r the preparation and
trial of the lawsuit. Any such employee to whom counsel f()r the partics
makes a disclosure shall be provided with a copy 01: and become subject
to. the provisions of this Ordcr requiring that the documents and
inl(mnation be held in confidence.

(ii)

Disclosure may be made only to employees of a party required in good

faith to provide assistance in the conduet of the litigation in which the
information was disclosed.

(iii)

Disclosure may be made to court reporters engaged for depositions and

those persons. ifany. specifically engaged for the limited purpose of
making photocopies of doeuments. Prior to disclosure to any such court
reporter or person engaged in making photocopies of documents. such
person must agree to be bound by the terms of this Order.

Case 8:13-cv-03059-GJH Document 312 Filed 10/15/15 Page 4 of 5

(iv)

Disclosure may be made to consultants. investigators. or experts

(hereinafier referred to collectively as "experts") employed by the parties
or counsel for the parties to assist in the preparation and trial of the
lawsuit. Prior to disclosure to any expert. the expert must be inlormed of
and agree in writing to be subject to the provisions of this Order requiring
that the documents and inlormation be held in contidence.

(e) Except as provided in subparagraph (d) above. counscl for the parties shall keep all
documents designated as contidential which are received under this Order secure within
their exclusive possession and shall take reasonable efforts to place such documellls in a
secure area.

(t) All copies. duplicates. extracts. summaries. or descriptions (hereinafier referred to

collectively as "copies") of documents or information designated as contidentialundcr

this Order or any portion thereof. shall be immediately aflixed with the word
"CONFIDENTIAL"

if that word does not already appear.

2. Confidential Information Filed with Court. To the extent that any materials subject
to this Contidentiality Order (or any pleading. motion or memorandum disclosing them) are
proposed to be tiled or are tiled with the Court. those materials and papers. or any portion
thereof which discloses contidential inlonnation. shall be liled under seal (by the tiling party)
with the Clerk of the Court with a simultaneous motion pursuant to L.R. 104. J 3(c) (hereinafier
the "Intcrim Sealing Motion"). in accordance with thc current vcrsion of the Court's Electronic
Filing Requirements and Proccdures lor Civil Cascs. The Interim Sealing Motion shall be
governed by L.R. 105.11. Even if the tiling party believes that the materials subject to the
Confidentiality Order are not propcrly classified as conlidentiaL the liling party shall lile the

Case 8:13-cv-03059-GJH Document 312 Filed 10/15/15 Page 5 of 5

Interim Sealing Motion: provided. however. that the tiling of the Interim Sealing Motion shall
be wholly without prejudice to the tiling party's rights under paragraph (4) of this
Confidentiality Order.
3. Party Seeking Grellter Protection Must Ohtain Further Order. No information
may be withheld trom discovery on the ground that the material to be disclosed requires
protection greater than that anorded by paragraph (I) oCthis Order unless the party claiming a
need fi.)rgreater protection moves lor an order providing such special protection pursuant to
Fed. R. Civ. P. 26(e).
4. Challenging

Designation of Confidentiality.

A designation of confidentiality may

be challenged upon motion. The burden of proving the confidentiality of designated

infomlation remains with the party asserting such confidentiality. The provisions of Fed. R.
Civ. P. 37(a)(5) apply to such motions.
5. Return of Confidential

Material at Conclusion of Litigation. At the conclusion of

the litigation. all material treated as confidential under this Order and not received in evidence
shall be returned to the originating party. If the parties so stipulate. the materiafmay be
destroyed instead oCbeing returned. The Clerk oCthe Court may return to counsclli.Jr the
parties. or destroy. any scaled material at the end of the litigation. including any appeals.

Date: October 15. 2015

George Jarrod Ifazel
United States District Judge