4/22/05 MOTION FOR ENTRY OF CONFIDENTIALITY ORDER (A motion in substantially this form must be filed in support of entry of a confidentiality order.) CONSENT: The attached proposed Confidentiality Order is requested: G G by consent of all parties. by consent as to some, but not all, of the terms [alternative provisions are set forth in both proposed and redlined versions]. by some, but not all, parties [requesting parties include: [requesting parties]]. G CONTENT: The attached proposed Confidentiality Order: G G is identical to the standard form on the court's website. has been revised by deleting the Reading Room provision, but no other changes have been made (redlined copy not required). is a modified version of the standard form on the court's website and the modifications have been indicated by attaching a "redlined" copy the document. An explanation of the basis for each proposed modification is as follows: [explain requested changes with reference to relevant paragraph numbers] G WE SO MOVE [move signature] Signature WE SO MOVE/CONSENT [move/consent signature] Signature [move printed name] Printed Name Counsel for [move/consent printed name] Printed Name Counsel for [move counsel for] [move/consent counsel for] [move date] Date: [move/consent date] Instructions for use of the Consent Confidentiality Order can be found at the court's website at www.scd.uscourts.gov under "forms" or under each individual judge's forms list. Date: American LegalNet, Inc. www.FormsWorkFlow.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA [DIVISION [all caps]] DIVISION [Plaintiff] Plaintiff, vs. [Defendant] Defendant ) ) ) ) ) ) ) ) ) Civil Action No. [case number] Confidentiality Order [if fully by consent] Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this [consent day [12, 24, etc.]] day of [consent month], 20[consent year [05, 06]], ORDERED: [if not fully by consent] Whereas, the parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have requested that the court enter a confidentiality order; and whereas the court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties. the public, and the court; accordingly, it is this [not consent day [12, 24]] day of [not consent month], 20[not consent year [05, 06]], ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery (hereinafter collectively "documents") shall be subject to this Order concerning confidential information as set forth below. 2. Form and Timing of Designation. Confidential documents shall be so designated by placing or affixing the word "CONFIDENTIAL" on the document in a manner 2 American LegalNet, Inc. www.FormsWorkFlow.com which will not interfere with the legibility of the document and which will permit complete removal of the Confidential designation. Documents shall be designated CONFIDENTIAL prior to, or contemporaneously with, the production or disclosure of the documents [optional: except for documents produced for inspection under the "Reading Room" provisions set forth in paragraph 4 below]. Inadvertent or unintentional production of documents without prior designation as confidential shall not be deemed a waiver, in whole or in part, of the right to designate documents as confidential as otherwise allowed by this Order. 3. Documents Which May be Designated Confidential. Any party may designate documents as confidential but only after review of the documents by an attorney1 who has, in good faith, determined that the documents contain information protected from disclosure by statute, sensitive personal information, trade secrets, or confidential research, development, or commercial information. The certification shall be made concurrently with the disclosure of the documents, using the form attached hereto at Attachment A which shall be executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure. Information or documents which are available in the public sector may not be designated as confidential. 4. Depositions. Portions of depositions shall be deemed confidential only if designated as such when the deposition is taken or within seven business days after receipt of the transcript. Such designation shall be specific as to the portions to be protected. 5. a. Protection of Confidential Material. General Protections. Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties or counsel for the parties or any other persons 1 The attorney who reviews the documents and certifies them to be CONFIDENTIAL must be admitted to the Bar of at least one state but need not be admitted to practice in the District of South Carolina and need not apply for pro hac vice admission. By signing the certification, counsel submits to the jurisdiction of this court in regard to the certification. 3 American LegalNet, Inc. www.FormsWorkFlow.com identified below (¶ 5.b.) for any purposes whatsoever other than preparing for and conducting the litigation in which the documents were disclosed (including any appeal of that litigation). The parties shall not disclose documents designated as confidential to putative class members not named as plaintiffs in putative class litigation unless and until one or more classes have been certified. b. Limited Third Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any documents designated CONFIDENTIAL under the terms of this Order to any other person or entity except as set forth in subparagraphs (1)-(5) below, and then only after the person to whom disclosure is to be made has executed an acknowledgment (in the form set forth at Attachment B hereto), that he or she has read and understands the terms of this Order and is bound by it. Subject to these requirements, the following categories of persons may be allowed to review documents which have been designated CONFIDENTIAL pursuant to this Order: (1) counsel and employees of counsel for the parties who have responsibility for the preparation and trial o