Filing # 193860498 E-Filed 03/12/2024 03:59:16 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
`CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO: 2022-007710-CA-01
`SECTION: CA06
`JUDGE: Charles Johnson
`
`Lamont Townsend
`Plaintiff(s)
`vs.
`
`Amazon.com, Inc.
`Defendant(s)
`____________________________/
`CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
`
`This Confidentiality and Nondisclosure Agreement is made and entered into by and between
`LAMONT TOWNSEND and AMAZON.COM, INC. The above-named parties and undersigned
`counsel will collectively be referred to as the “Parties.” The purpose of this Agreement is to
`preserve and maintain the confidentiality of documents, information, data, material, studies,
`recordings, testimony, and/or other items produced by Amazon (through its counsel) in response to
`discovery requests served by other parties to this action or utilized and/or referenced during
`depositions or other proceedings in this action, which Amazon and/or its counsel designate as
`“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” These may include, but not necessarily
`be limited to, items containing “Confidential Information” or “Attorneys’ Eyes Only Information”
`as defined herein below. The Parties agree that all such designated documents, information, data,
`material, studies, recordings, testimony, and/or other items, shall be treated as confidential in the
`manner as follows:
`1. Any person or entity involved in the representation of any party to the lawsuit
`captioned LAMONT TOWNSEND v. AMAZON.COM, INC., and pending in the Circuit Court
`of the Eleventh Judicial Circuit, in and for Miami Dade County, Florida under CASE NO.: 2022-
`007710-CA-01, their respective insurers, investigators, experts, employees, agents, and the
`named270036392v.1
`272421593v.1
`litigants themselves, shall not disseminate documents, information, data, material, studies,
`recordings, testimony, and/or other items designated as “CONFIDENTIAL” or “ATTORNEYS’
`EYES ONLY” , except in furtherance of limited purposes directly related to the prosecution of
`claims or defenses in this lawsuit. As used in this Agreement, the term “disseminate” shall include,
`but not be limited to, speaking about or paraphrasing the contents of; posting through electronic
`means, the internet, or social media, the contents of; and copying, photographing, scanning,
`streaming, videotaping, transcribing, retyping, reproducing, or reprinting by any means
`whatsoever, any documents, information, data, material, studies, recordings, testimony, and/or
`other items designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY. The Parties shall
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`be subject to all restrictions on dissemination set forth in this Agreement.
`2. Before production of any documents, information, data, material, studies,
`recordings, testimony, and/or other items, Amazon shall make a determination as to whether or
`not said documents, information, data, material, studies, recordings, testimony, and/or other items
`contain personal financial information of any individual or entity, proprietary business
`information, trade secrets, confidential research and/or development, competitively/commercially
`sensitive information, internal policies and/or procedures, information subject to an evidentiary
`privilege, or other information the disclosure of which would, in the judgment of Amazon, be
`potentially or actually injurious, damaging, or detrimental to Amazon’s business or the business
`of any of its customers or clients, Amazon’s reputation, Amazon’s position in any other litigation,
`or the interests of Amazon, its customers, and/or clients.
`3. The production of documents, information, data, material, studies, recordings,
`testimony, and/or other items that Amazon determines fall within paragraph two (2) above, shall
`be accomplished by Amazon making a CONFIDENTIAL or ATTORNEY’S EYES ONLY
`notation
`on the document, information, data, material, study, recording, transcript of testimony, and/or
`other270036392v.1
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`item, or making a statement on the record at any deposition or court appearance, or by writing to
`the counsel for the other parties to this lawsuit, or by other means of notice, that such information
`is confidential. Documents shall be designated “CONFIDENTIAL” or “ATTORNEYS’ EYES
`ONLY” prior to, or contemporaneously with, the production or disclosure of the documents.
`Inadvertent or unintentional production of documents without prior designation as
`“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” shall not be deemed a waiver, in whole
`or in part, of the right to designate documents as “CONFIDENTIAL” or “ATTORNEYS’ EYES
`ONLY” as otherwise allowed by this Protective Order.
`4. Documents Which May be Designated Confidential. A party may designate
`documents as “CONFIDENTIAL” after review of the documents and certification by an attorney
`who has, in good faith, determined that the documents contain “Confidential Information.”
`“Confidential Information” as used in this Protective Order shall mean information which falls
`within one or more of the following categories:
`a. Protected from disclosure by statute;
`b. Sensitive personal information;
`c. Personal Identifying Information;
`d. Trade secrets;
`e. Research, technical, commercial, or financial information that the producing party has
`maintained as confidential;
`f. Non-public information maintained by a third party as confidential that the producing
`party receives, obtains, or is provided access to that the producing party has maintained
`as confidential;
`g. Medical information concerning any individual;
`h. Tax returns (including attached schedules and forms) and tax forms including, but not
`limited to, W-2 forms and 1099 forms; or
`i. Personnel or employment records of a person who is not a party to the action.
`Information or documents which are available in the public sector may not be designated as
`“CONFIDENTIAL.”
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`5. Documents Which May be Designated Attorneys’ Eyes Only. A party may
`designate documents as “ATTORNEYS’ EYES ONLY” but only after review of the
`documents270036392v.1
`272421593v.1
`and certification by an attorney who has, in good faith, determined that the documents contain
`“Attorneys’ Eyes Only Information.” “Attorneys’ Eyes Only Information” is extremely sensitive
`“Confidential Information,” disclosure of which to another party or nonparty would create a
`substantial risk of serious harm to the business or competitive position of the designating party
`that could not be avoided by less restrictive means. “Attorneys’ Eyes Only Information” as used
`in this Protective Order shall mean information that falls within one or more of the following
`categories:
`a. Information consisting of, reflecting, or representing computer code and associated
`comments and revision histories, formulas, engineering specifications, or schematics that
`define or otherwise describe in detail the algorithms or structure of software or hardware
`designs;
`b. Information consisting of, reflecting, or representing raw data generation, collection,
`receipt, access, processes, analyses, and storage;
`c. Information consisting of, reflecting, or representing analytics or metrics derivative of
`raw data;
`d. Business, enterprise, or operational data architecture, data modeling, data infrastructure,
`data management, data analytics, or data metrics, and any associated proprietary systems,
`software, networks, platforms, or databases;
`e. Sensitive business information, including highly sensitive financial or marketing
`information;
`f. Competitive technical information, including technical analyses of products or services;
`g. Competitive business information, including non-public financial and marketing
`analyses, comparisons of products or services, and strategic product or service expansion
`plans;
`h. Vendor or business partner relationships or documents that fall within one or more of the
`aforementioned categories defined in this Paragraph 4, sub-paragraphs (a) - (g); or
`i. Any other commercially sensitive information the disclosure of which to non-qualified
`persons subject to this Protective Order the producing party reasonably and in good faith
`believes would likely cause harm.
`Information or documents which are available in the public sector may not be designated as
`“ATTORNEYS’ EYES ONLY.”
`6. The production of any item containing Confidential or Attorney’s Eyes Only
`Information under this Agreement shall not operate as a waiver of Amazon’s right to object to the
`production of proprietary information, intellectual property, trade secrets, research and/or
`development, information subject to an evidentiary privilege, and/or internal process, policies,
`and270036392v.1
`272421593v.1
`procedures which, in the judgment of Amazon, would cause irreparable or competitive harm to
`Amazon if it were disclosed, inadvertently or otherwise, to the public or Amazon’s competitors.
`7. All Confidential Information disclosed by Amazon shall be and remain the property
`of Amazon, and the Parties agree that Amazon has not granted any license, copyright, or similar
`right with respect to any Confidential Information or any other information disclosed by Amazon
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`in this lawsuit.
`8. All Confidential Information shall be treated as secret and strictly confidential,
`except with the prior written consent of Amazon and/or counsel for Amazon, or upon order of the
`Court. Confidential Information may be shown, disseminated, or disclosed only to the following
`persons for use restricted exclusively to this case:
`a. Members of the respective law firms of record in this
`lawsuit representing Plaintiffs and Defendants for the
`purpose of prosecuting or defending claims in this
`specific lawsuit, including staff, contractors, and
`remote workers;
`b. Members of law firms representing “Similarly
`Situated Litigants” (defined as those who are
`currently involved in litigation against the
`designating party where the allegations of
`wrongdoing, claims of liability, or legal issues are the
`same or substantially similar);
`c. Experts and consultants retained by the Parties for
`the preparation of any claim or defense relevant
`specifically to this lawsuit described above, provided
`that no disclosure shall be made to any expert or
`consultant who is employed by, an independent
`contractor for, or an agent of, any competitor of
`Amazon;
`d. The Court in which this lawsuit is pending, under
`seal of said Court;
`e. All court reporters, stenographers, videographers,
`and other contractors and/or agents involved in the
`administration of litigation including but not limited270036392v.1
`272421593v.1
`to: printing, copying, binding, demonstrative design
`and/or creation, enlargement creation, and other
`outsourced administrative tasks; and
`f. Actual witnesses and actual deponents who are
`Parties and/or employees of Parties.
`9. The parties and counsel for the parties shall not disclose or permit the disclosure of
`any documents designated “ATTORNEYS’ EYES ONLY” under the terms of this Protective
`Order to any other person or entity except for “qualified persons” as set forth in subparagraphs (1)
`through (4) 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 Protective 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 “ATTORNEYS’ EYES ONLY” pursuant to this Protective Order:
`a. counsel and employees of counsel for the parties who have responsibility
`for the preparation and trial of the lawsuit;
`b. court reporters engaged for depositions and those persons, if any,
`specifically engaged for the limited purpose of making photocopies of
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`documents;
`c. consultants or experts (hereinafter referred to collectively as “experts”)
`employed by the parties or counsel for the parties to assist in the preparation
`and trial of the lawsuit; and
`d. other witnesses only upon consent of the producing party or upon order of
`the court and on such conditions as are agreed to or ordered.270036392v.1
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`10. Prior to being provided with access to any Confidential or Attorney’s Eyes Only
`Information, each person described in paragraphs 8 and 9 above shall be fully informed of the
`terms
`of this Agreement and given a copy thereof, and shall agree to its terms in writing, using the
`“Acknowledgement of Receipt of Confidential Information” form attached hereto as Exhibit A, to
`be bound by all terms of this Agreement.
`11. Confidential or Attorney’s Eyes Only Information shall be utilized by the receiving
`party, its counsel, and experts only for purposes of this litigation and for no other purposes
`whatsoever.
`12. To the extent documents, information, data, material, studies, recordings,
`testimony, and/or other items designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY
`are used in the taking of depositions, same shall remain subject to the provisions of this Agreement,
`unless the Court expressly rules otherwise, and the portions of the transcripts of all testimony
`designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall be labeled with the
`appropriate notation by the court reporter/stenographer. If any document, information, data,
`material, study, recording, testimony, and/or other item designated as CONFIDENTIAL or
`ATTORNEYS’ EYES ONLY pursuant to this Agreement is used during the course of a deposition
`in this lawsuit, that portion of the deposition record referencing such document, information, data,
`material, study, recording, testimony, and/or other item shall be labeled with the appropriate
`CONFIDENTIAL or ATTORNEYS’ EYES ONLY designation by the party claiming
`CONFIDENTIAL or ATTORNEYS’ EYES ONLY status, no later than thirty (30) days after the
`date of delivery of the deposition transcript. To do so, the party claiming
`CONFIDENTIAL or ATTORNEYS’ EYES ONLY status must:
`serve a designation, by reference to specific page and line numbers, of those portions of
`the transcript the party wishes to remain CONFIDENTIAL or ATTORNEYS’ EYES
`ONLY within thirty (30) days after receipt of the transcript by the party.270036392v.1
`272421593v.1
`13. The court reporter/stenographer also shall clearly and conspicuously mark the front
`page of any transcript which contains references to Confidential or Attorney’s Eyes Only
`Information with the CONFIDENTIAL or ATTORNEY’S EYES ONLY designation. The same
`procedure shall apply to the extent that documents, information, data, materials, studies,
`recordings, testimony, and/or other items designated as CONFIDENTIAL or ATTORNEY’S
`EYES ONLY are utilized in any motion practice, and, any such motion shall bear the designation
`of CONFIDENTIAL or ATTORNEYS’ EYES ONLY and be filed under seal of the Court. Where
`CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents, information, data, materials,
`studies, recordings, testimony, and/or other items are used in depositions or motion practice, the
`Confidential Information contained therein shall be appropriately redacted. If Confidential or
`Attorney’s Eyes Only Information is to be disclosed at a deposition, hearing, or trial, Amazon shall
`have the right to exclude from attendance, during the time in which the Confidential or Attorney’s
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`Eyes Only Information is to be discussed, any persons not bound by this Agreement.
`14. If Amazon produces two or more identical or substantially identical copies of a
`document or item containing Confidential or Attorney’s Eyes Only Information, and one or more
`is designated as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY while the other or others
`lack such designation, the undesignated copies shall be afforded the same CONFIDENTIAL
`and/or ATTORNEYS’ EYES ONLY designation as the already designated documents and/or
`items.
`15. Admission into evidence of CONFIDENTIAL and/or ATTORNEYS’ EYES
`ONLY documents or other items at trial or pretrial proceedings in this lawsuit shall be subject to
`the terms and conditions of this Agreement and shall not serve as a waiver or abrogation of the
`terms of this Agreement, unless the Court expressly rules otherwise.
`16. Any court reporter/stenographer who may be given access to Confidential or270036392v.1
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`Attorneys’ Eyes Only Information shall, prior to deposition, hearing, or trial, be provided with a
`copy of this Agreement and shall agree to its terms in writing, using the “Acknowledgement of
`Receipt of Confidential Information” form attached hereto as Exhibit A, to be bound by all terms
`of this Agreement.
`17. At any time, if any of the Parties believe that a document, information, data,
`material, study, recording, testimony, and/or other item which has been designated as
`CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY is not entitled to such designation, that
`Party shall notify Amazon’s undersigned counsel of its objection, identify the document,
`information, data, material, study, recording, testimony, and/or other item which is the subject
`of the objection, and state the basis for the objection in writing. The Parties shall attempt to
`reach an agreement regarding the status of the challenged item within ten (10) business days after
`receipt of the written objection. If no agreement can be reached within ten (10) business days after
`receipt of the written objection, the objecting party may seek relief from the Court by motion
`within thirty (30) days thereafter to obtain a ruling from the Court as to whether the challenged
`item was properly designated as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY. Pending
`resolution of the dispute, the document, information, data, material, study, recording, testimony,
`and/or other item shall be treated as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY and
`shall remain subject to the terms of this Agreement. If the objecting party does not seek such relief
`from the Court within the timeframe set forth in this Paragraph, that party’s objection(s) to the
`CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY designation shall be deemed waived and
`withdrawn.
`18. If Amazon fails to designate a document, information, data, material, study,
`recording, testimony, and/or other item as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY
`upon production, Amazon may subsequently designate the produced document, information,
`data,270036392v.1
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`material, study, recording, testimony, and/or other item as CONFIDENTIAL and/or
`ATTORNEYS’ EYES ONLY by giving written notice to the receiving party or parties, or
`his/her/its/their counsel, and providing copies marked and/or designated as CONFIDENTIAL
`and/or ATTORNEYS’ EYES ONLY within thirty (30) days of the date that Amazon actually
`discovers that it failed to properly so designate.
`19. Within sixty (60) days after the final resolution of this lawsuit, any party’s counsel
`who has received, or any person or entity that is in any way in possession of, any document,
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`information, data, material, study, recording, transcript of testimony, and/or other items designated
`as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY, shall be responsible for returning to
`Amazon, through its counsel, the originals and all copies of any and all such items containing
`Confidential or Attorneys’ eyes Only Information which were duplicated via any form of
`reproduction including but not limited to paper or electronic copy. AMAZON, will maintain the
`documents for two years. If Plaintiff brings a claim for malpractice against Farah & Farah arising
`out of this action, AND the CONFIDENTIAL or ATTORNEY’S EYES ONLY Documents are
`relevant to the malpractice claim, Defendant will re-produce copies of the relevant
`CONFIDENTIAL or ATTORNEY’S EYES ONLY Documents. In the event, the documents are
`produced under this section they shall be afforded all the same protections outlined in this
`Protective
`Order and must be returned or destroyed within 30 days of the conclusion of any such malpractice
`action.272421593v.1
`20. Alternatively, any such counsel, person, or entity, may provide an affidavit
`certifying that all such items containing Confidential or Attorneys’ Eyes Only Information, and
`any copies thereof, have been destroyed.
`21. This Agreement is entered into without prejudice to the right of any party to seek
`relief from, or modification of, any of its terms and/or provisions, by properly noticed motion to
`the Court; prior to the Court’s decision directing such relief, if any, the documents, information,
`data, materials, studies, recordings, testimony, and/or other items designated as
`CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall remain so designated and subject to
`all of the terms and provisions of this Agreement.
`22. This Agreement is for the benefit of Amazon and shall become effective upon
`signing and binding upon the Parties, Counsel, and their respective successors and assigns.
`23. This Agreement embodies the entire understanding and agreement between the
`Parties with respect to Amazon’s Confidential and Attorneys’ Eyes Only Information and
`supersedes any prior understandings and agreements relating thereto.
`24. The terms and provisions of this Agreement protecting Amazon’s Confidential
`and Attorneys’ Eyes Only Information shall continue to be binding after the conclusion of this
`lawsuit.
`
`IT IS SO ORDERED.
`
` 
`
`DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 12th day of March,
`2024.
`
`2022-007710-CA-01 03-12-2024 3:43 PM
`Hon. Charles Johnson
`CIRCUIT COURT JUDGE
`Electronically Signed
`
`Case No: 2022-007710-CA-01
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`
`No Further Judicial Action Required on THIS MOTION
`
`CLERK TO RECLOSE CASE IF POST JUDGMENT
`
`Electronically Served:
`Christina Cuffari, christina.cuffari@wilsonelser.com
`Gerard Di Popolo, gerard.dipopolo@wilsonelser.com
`Gerard Di Popolo, rebecca.lacayo@wilsonelser.com
`Gerard Di Popolo, eservice.miami@wilsonelser.com
`Michael J Quesada Esq., mquesada@farahandfarah.com
`Michael J Quesada Esq., dtansill@farahandfarah.com
`Sean McDonough, Esq., sean.mcdonough@wilsonelser.com
`
` 
`
`Physically Served:
`
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