Allegood v. Graham

          Cynthia A. Mills Mills & Alcorn, LLP Counsel for Plaintiff

          Leslie G. Van Der Have Van Der Have Family Law Counsel for Plaintiff

          Steven B. Epstein Poyner Spruill LLP Counsel for Defendant

          Kimberly W. Bryan Cheshire Parker Schneider & Bryan Counsel for Defendant

          STIPULATED CONFIDENTIALITY ORDER

          Honorable Louise W. Flanagan United States District Court Judge

         This case involves claims by Plaintiff that Defendant interfered with his marriage and is liable for alienation of affection and criminal conversation. Defendant is a senior executive with Mylan Inc. (“Mylan”) one of the world's largest pharmaceutical manufacturers. Certain documents sought by Plaintiff in discovery may include confidential and proprietary information related to Defendant's work for Mylan. Consequently, Defendant needs to protect such information to ensure that it is not available to competitors of Mylan, placed in the public domain, or otherwise used for purposes outside of this litigation. Plaintiff also requests from Defendant personal health-related information generally protected from disclosure by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and Defendant has requested Plaintiff's personal health-related information generally protected from disclosure by HIPAA. Consequently, the parties jointly request, and the Court finds good cause to enter, the following stipulated confidentiality order in accordance with Rule 26(c) of the Federal Rules of Civil Procedure:

         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, ” which shall include both paper documents and electronically stored information) shall be subject to this Order concerning confidential information as set forth below.

         2. Form and Timing of Designation.

         Except as provided in paragraph 4, any party, or any non-party providing documents or testimony in connection with this matter, may designate confidential documents by placing or affixing the word “CONFIDENTIAL” on the document in a manner 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. 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. In the event such inadvertent or unintentional production of documents without prior designation as CONFIDENTIAL has occurred, the party desiring to so mark such documents as CONFIDENTIAL may do so by providing notice to the other party of such inadvertent or unintentional production, and marking such documents as CONFIDENTIAL, within five business days of such discovery. In addition, within 21 days after the entry of this Order, or 21 days after the production of documents by any non-party pursuant to a subpoena, whichever shall later occur, a party desiring to do so may mark such documents as CONFIDENTIAL, thereby making them subject to the provisions of this Order, regardless of the date the documents were actually produced.

         3. Documents Which May be Designated Confidential.

         Any party, or any non-party providing documents or testimony in connection with this matter, may designate documents as confidential, but only after review of the documents by an attorney (or, in the case of a pro se party, a party) who has, in good faith, determined that the documents contain information protected from disclosure by statute, health information protected from disclosure by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule, 45 CFR parts 160 and 164 (including materials whose disclosure would trigger the breach notification requirements of the HITECH Act, 45 CFR parts 164.400-414), trade secrets, or confidential research, development, or other confidential commercial information.

         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. Protection of Confidential Material.

         a. 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 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) and preparing for and conducting the litigation in Wilson County District Court entitled Richard Sylvester Allegood v. Patricia Mead Allegood, Case No. 17 CVD 723 (including any appeal of that litigation), hereinafter collectively referred to as “The Related Litigations.”

         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 Exhibit A 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 of the Related Litigations;

(2) parties in the Related Litigations but only to the extent counsel shall certify that the specifically named individual party's assistance is necessary to the conduct of the ...