IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
`IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
`CIVIL DIVISION
`
`MEIBEL SABO YA DIAZ,
`
`Plaintiff,
`
`vs.
`
`SEAWORLD PARKS &
`ENTERTAINMENT LLC, D/B/A
`BUSCH GARDENS,
`
`Defendant.
`____________________________________/
`
`CASE NO.: 2023-CA-000499
`
`DIVISION: E
`
`AGREED PROTECTIVE ORDER REGARDING
`PRODUCTION OF CONFIDENTIAL, PROPRIETARY
`AND TRADE SECRET INFORMATION TO PLAINTIFF
`
`The parties having agreed to the entry of a protective order pursuant to Fla. R. Civ. P.
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`1.280(c)(7), as evidenced by the signatures of their respective counsel which are appended hereto
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`and being willing to maintain the confidentiality of trade secrets or other proprietary commercial
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`information obtained during discovery, and the Court having approved such order:
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`IT IS HEREBY ORDERED that, if in the course of proceedings in this action, Defendant
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`SeaWorld Parks & Entertainment LLC (“SeaWorld”) is required to disclose information which it
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`contends is a trade secret or is of proprietary, confidential or commercially sensitive nature, the
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`following procedure shall be employed:
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`1.
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`For purposes of this Order, confidential information means any document or
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`tangible thing which is designated by SeaWorld as “confidential.” Confidential information
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`includes, but is not limited to, SeaWorld’s policies and procedures, but this Order will also
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`govern other documents for which SeaWorld asserts a trade secret or contends is proprietary
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`commercial information.
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`06/09/2023 10:52:11 AM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 1
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`2.
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`Any confidential information of SeaWorld obtained by any other party to this
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`action pursuant to discovery in this action may be used only for purposes of this action and not
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`for any business or other purpose whatsoever, and not for any other litigation. Plaintiffs counsel
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`shall not disclose any such “confidential” information to any person except in accordance with
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`the terms of the protective order. Plaintiffs counsel, his or her staff and his or her experts shall
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`not, under any circumstances, sell, offer for sale, advertise, or otherwise publicize either the
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`contents of designated confidential documents or information, or communicate the fact that they
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`have obtained confidential documents and/or information from SeaWorld except in accordance
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`with the terms of the protective order.
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`3.
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`SeaWorld may designate any document or tangible thing confidential by
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`prominently displaying the designation: “Confidential.”
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`4.
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`Claims of confidentiality as to documents made available to a party for inspection
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`and copying shall be made before such documents are made available for inspection and
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`copying, or after designation for copying by Plaintiffs counsel but prior to production of the
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`requested copy.
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`5.
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`All information produced pursuant to pretrial discovery in this action which is
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`designated by SeaWorld as containing or comprising confidential information shall be produced
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`to Plaintiffs counsel and shall not be disclosed to anyone except that any such confidential
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`information and copies thereof as are reasonably necessary for trial preparation may be:
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`(a) furnished and disclosed by counsel of a receiving party to experts to assist
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`in the preparation of this litigation for trial. Prior to disclosing confidential information
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`to any such expert, a receiving party shall have such expert acknowledge in writing that
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`he or she is fully familiar with the terms of this Order, agrees to comply with and be
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`2
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`bound by this Order until modified by a further Order of the Court, and consents to the
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`jurisdiction of the Court for purposes of enforcing this Order in a form such as that
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`attached as Exhibit “A” hereto.
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`(b) Reviewed by regular employees of Plaintiffs counsel, assigned to and
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`necessary to assist Plaintiffs counsel in the preparation of trial and pretrial discovery in
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`this case.
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`6.
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`Plaintiffs counsel shall keep records of all copies of each confidential document
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`or information made and/or distributed, in whole or in part, or any excerpts thereof to persons
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`authorized in paragraph 5. Any copies so distributed shall be returned to Plaintiffs counsel
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`immediately upon the completion of the purpose for which the person was retained in this case.
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`7.
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`Nothing in this Order shall bar or otherwise restrict Plaintiffs counsel from
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`rendering advice to his or her client with respect to this action, and in the course thereof, from
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`generally referring to or relying upon his or her examination of documents or information
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`produced in this action.
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`8.
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`SeaWorld will use reasonable care to avoid designating any documents or
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`information as confidential which contains information generally available to the public which is
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`in fact not confidential.
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`9.
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`Failure by Plaintiff to expressly challenge a claim of confidentiality shall not be
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`deemed an admission that the same is in fact confidential. If a party objects to any claim of
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`confidentiality, counsel shall first make a good faith effort to resolve any challenge of
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`confidentiality. If counsel is unable to resolve any challenge of confidentiality, the parties shall
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`brief the issue to the Court for resolution, with the party claiming confidentiality bearing the
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`burden of proof by preponderance of evidence.
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`3
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`10.
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`This Order shall not limit a party’s right to:
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`(a)
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`(b)
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`seek modification of this Order from the Court or the opposing party, or
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`to object to or otherwise oppose production or admission of any document
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`or information on grounds other than its confidentiality.
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`11.
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`Upon termination of this litigation whether by final judgment after appeal or by
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`settlement, Plaintiffs counsel shall return to SeaWorld’s counsel of record all confidential
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`documents and all copies he or she has made, including copies sent to experts.
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`12.
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`It is expressly understood and agreed that any person who violates the terms and
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`conditions of this Order consents to the jurisdiction of this Court and may be subject to sanctions
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`in the event of unauthorized use.
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`The parties having stipulated and agreed hereto, it is SO ORDERED, this
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`day
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`of
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`, 2023.
`
`Honorable Anne-Leigh Gaylord Moe
`Circuit Court Judge
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`Conformed copies to:
`Carie L. Hall, Esquire
`Amy K. Kenyon, Esquire
`
`4
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`06/09/2023 10:52:11 AM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 4
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`23-CA-000499 6/9/2023 10:52:10 AM
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`23-CA-000499 6/9/2023 10:52:10 AM
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`IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
`IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
`CIVIL DIVISION
`
`MEIBEL SABO YA DIAZ,
`
`Plaintiff,
`
`vs.
`
`SEAWORLD PARKS &
`ENTERTAINMENT LLC, D/B/A
`BUSCH GARDENS,
`
`Defendant.
`____________________________________/
`
`CASE NO.: 2023-CA-000499
`
`DIVISION: E
`
`AGREEMENT TO ABIDE BY PROTECTIVE ORDER
`
`The undersigned independent expert retained by Plaintiff for use in this action has
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`reviewed the Agreed Protective Order Regarding Production of Confidential, Proprietary and
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`Trade Secret Information to Plaintiff dated
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` entered by the Court,
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`understands the obligations and restrictions set forth therein, agrees to abide thereby and agrees
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`to the jurisdiction of the Court to enforce this agreement.
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`Signature of Expert
`
`Print Name
`
`Date
`
`EXHIBIT “A”
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`17982907.V1
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`06/09/2023 10:52:11 AM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 5
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