10/23/2020 9:09 AM
`Marilyn Burgess - District Clerk Harris County
`Envelope No. 47460644
`By: DANIELLE JIMENEZ
`Filed: 10/23/2020 9:09 AM
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`Cause No. 2019-74906
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`Roberto Ramirez
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`vs.
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`FedEx Ground Package System, Inc.,
`O’Brien Interest Inc., Shannon Wilerson and
`Jim McCord
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`In the District Court
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`Harris County, Texas
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`334th Judicial District Court
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`JOINT STIPULATED CONFIDENTIALITY ORDER
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`WHEREAS, it is anticipated that the parties to this lawsuit will be producing documents and
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`supplying information during the discovery phase of this action that a party may regard as
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`proprietary or otherwise confidential;
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`WHEREAS, it is also anticipated that court filings and discovery papers in this matter will
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`include references to documents and/or information that a party may regard as proprietary or
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`otherwise confidential;
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`WHEREAS, it is further anticipated that deposition testimony in this matter will include
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`references to documents and/or information that a party may regard as proprietary or otherwise
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`confidential;
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`WHEREAS, the parties to this action desire to protect the confidentiality of any such
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`proprietary or otherwise confidential documents or testimony furnished in the course of such
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`actions or proceedings;
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`IT IS HEREBY stipulated and made an Order of the Court that, until this Stipulated
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`Confidentiality Order is amended or superseded, all parties and their employees who are provided
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`with Confidential Information (as hereinafter defined) shall follow the procedures set forth below
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`with respect to certain documents, information, or testimony provided or exchanged in these or
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`related actions or proceedings.
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`A.
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`Scope.
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`1.
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`This Order shall govern all documents and information produced by any party or
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`persons or entities not a party to this action, whether produced informally or pursuant to a formal
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`discovery request and shall also include all documents or information contained in a document, or
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`information revealed during a deposition or in any interrogatory answer or otherwise disclosed in
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`discovery.
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`2.
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`Nothing in this Order precludes any party from seeking relief from the Court with
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`regard to the production of documents or information.
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`3.
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`This Order does not alter any confidentiality obligations that a party may have at
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`law or under another agreement.
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`4.
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`Nothing in this Order shall be construed as an agreement or acknowledgment by
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`the non-producing party that any document, testimony, or other information designated as
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`“Confidential” or “Confidential—Attorney’s Eyes Only” constitutes a trade secret or is in fact
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`confidential.
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`B.
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`1.
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`Confidential Information.
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`Materials that contain sensitive information may be designated as "Confidential" or
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`as "Confidential – Attorney’s Eyes Only." The producing party will make such a designation only
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`as to those documents or discovery responses that are in good faith believed to contain or constitute
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`valuable confidential, proprietary, trade secret, or other sensitive information. Materials so
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`designated are referred to herein as "Confidential Information."
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`2.
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`Documents shall be designated as Confidential Information by marking or stamping
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`each page of any such document "Confidential," "Confidential—Attorney’s Eyes Only," or
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`identifying such documents by bates production numbers or other unequivocal identifier in writing
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`to each party receiving the Confidential Information. In lieu of marking the originals of
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`documents, any party may mark the copies of such documents that are produced or exchanged.
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`3.
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`With respect to testimony that constitutes or references Confidential Information,
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`confidential portions of the transcript may be designated as such on the record at the time the
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`testimony is given, and additional portions of the testimony may be designated as "Confidential"
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`or "Confidential – Attorney’s Eyes Only" within ten (10) days after receipt of the transcript. Until
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`the ten (10) day period has expired, the entire transcript shall be treated as Confidential
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`Information. In addition, any deposition in which documents designated as containing
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`Confidential Information are marked as exhibits or shown to the deponent or otherwise employed
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`shall be considered confidential and subject to the provisions of this Order.
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`C.
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`1.
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`Treatment of Confidential Information.
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`Except as otherwise provided in this or subsequent court orders, documents
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`designated as “Confidential” shall not be disclosed or shown to anyone other than:
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`(a)
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`The parties, the employees of such parties, or the agents of the parties (or
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`the parent or beneficial owner of such party) to whom it is necessary that
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`Confidential Information be shown for purposes of this proceeding;
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`(b)
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`Outside counsel for the parties, the employees of such attorneys, and agents
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`of such attorneys, to whom it is necessary that Confidential Information be
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`shown for purposes of this proceeding;
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`(c)
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`Inside counsel for each party and the employees of such attorneys to
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`whom it is necessary that Confidential Information be shown for purposes
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`of this proceeding;
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`(d)
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`Persons employed by any party or its attorneys solely for the purpose of
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`assisting in the preparation of this action for trial, including but not limited
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`to experts, their staff, and support personnel to whom it is necessary that
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`Confidential Information be shown for purposes of assisting in such
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`preparation;
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`(e)
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`(f)
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`The Court or persons employed by the Court and the jury;
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`Duly qualified court reporters and videographers participating in these
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`proceedings;
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`(g)
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`Persons who were the authors or recipients of the documents in the ordinary
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`course of business;
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`(h) Witnesses in preparation for or in the course of depositions or the trial of
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`this matter; and
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`(i)
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`Persons who, in addition to those identified above, are permitted access by
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`order of the Court or upon stipulation of the party that produced or disclosed
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`the Confidential Information, after notice to all parties and an opportunity
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`has been had to object.
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`2.
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`In the event that documents or testimony are designated as "Confidential—
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`Attorney’s Eyes Only," such information shall not be disclosed or shown to anyone other than the
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`persons described in paragraph C.1(b), C.1(d), C.1(e), C.1(f), C.1(g) and C.1(i).
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`3.
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`Confidential Information shall be used by the receiving party solely for the
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`prosecution and/or defense of this litigation and only as provided in this Stipulated Confidentiality
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`Order. Confidential Information shall not be used or employed for the purpose of any other
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`action, use or proceeding, or for any commercial, business or other purpose whatsoever. It is
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`specifically recognized that information, which is marked "Confidential,” shall not be utilized
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`by the receiving party for any purpose other than the prosecution and/or defense of this litigation.
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`4.
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`No person shall disclose Confidential Information to any third party, except as
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`provided by this Order, without prior written notice of the specific disclosures and persons
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`involved to the producing party and any other person or entity which claims the information is
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`Confidential Information. Such disclosure shall not be made until the party seeking to disclose
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`the document provides ten days written notice to the person or party claiming information
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`is Confidential Information [note, this may not be the “producing party”] and (1) such party
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`consents to the disclosure; or (2) the court resolves any objections to the disclosure ,
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`whichever is earlier. Any objections to such disclosure shall be made in writing by the
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`producing party within 10 days after receipt of notice of any intent to disclose.
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`5.
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`Notwithstanding anything to the contrary in the foregoing paragraphs, any party
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`may use without restriction:
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`(a)
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`(b)
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`its own documents or information; and
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`documents or information developed or obtained by a receiving party
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`independently of discovery in these or related actions or proceedings;
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`regardless of whether such document or information has been designated by the
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`producing party as Confidential Information.
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`6.
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`Each person given access to designated Confidential Information shall be advised
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`that the information is being disclosed pursuant and subject to the terms of this Stipulated
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`Confidentiality Order and may not be disclosed other than as provided by this Order. To the
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`extent such person is neither a party nor employed by a party, such person shall sign an
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`agreement to be bound to this order before any Confidential Information is disclosed.
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`7.
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`No Confidential Information, including but not limited to transcripts, depositions,
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`exhibits, and pleadings, shall be filed with the Court or used in a hearing unless the party seeking
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`to file or use the Confidential Information has provided, at least five (5) business days before the
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`intended use, written notice to all parties and any person claiming the information is Confidential
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`Information, of its intent to use any information designated as Confidential Information. This pre-
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`filing notice shall specify the specific information that the party intends to file with the Court, and
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`will allow the other party's counsel time to seek a temporary or permanent sealing order, if desired
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`pursuant to Rule 76a.
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`8.
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`In the event of an emergency, a party seeking to file or use Confidential Information
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`shall not file or use any such information but shall instead tender to the Court for in camera
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`inspection the Confidential Information that it seeks to file and seek a ruling permitting the use of
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`the material. During the pendency of a motion for protection or in the event of an emergency, the
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`parties will treat Confidential Information in dispute as subject to this Confidentiality Order until
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`the Court enters an order determining otherwise.
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`9.
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`The inadvertent or unintentional disclosure of Confidential Information, regardless
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`of whether the information was so designated at the time of the disclosure, shall not be deemed a
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`waiver, in whole or in part, of a party's claim of confidentiality, either as to the specific
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`information disclosed or as to any other information relating thereto on the same or related subject
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`matter if, within ten (10) days of discovering the inadvertent failure to designate the material as
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`confidential, the person or entity that provided the Confidential Information identifies the material
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`produced and amends the designation.
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`10. Within thirty (30) days after the settlement or final adjudication, including
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`appeals, of the action or actions in which the documents have been produced, all Confidential
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`Information supplied by the parties and non-parties and all copies thereof shall, upon request, be
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`certified to have been destroyed or deleted. However, it is understood that each party may retain
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`a complete file of all litigation documents filed with the Court in these actions and that work
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`product in the possession or control of counsel for any party that reflects or includes information
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`derived from documents or testimony designated as confidential will not be destroyed or deleted.
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`11. Any dispute concerning the application of this Stipulated Confidentiality Order
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`shall be heard by the Court upon motion by the objecting party. This Stipulated Confidentiality
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`Order in no manner circumvents the requirements of Rule 76a of the Texas Rules of Civil
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`Procedure. Any abuse of this Stipulated Confidentiality Order may result in sanctions/costs being
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`taxed against the abusive party.
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`Dated:
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`10/23/2020
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`STIPULATED AND AGREED TO:
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`/s/ Roland Christensen
`Arnold & Itkin LLP
`Attorneys for Plaintiff
`Roberto Ramirez
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`___________________________
`Hartline Barger, LLP
`Attorneys for Defendants FedEx Ground
`Package System Inc., O’Brien Interest Inc.,
`and Shannon Wilkerson
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`IT IS SO ORDERED this _______ day of _____________________, 2020.
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`________________________________
`Steven Kirkland,
`Judge, 334th Court
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`Page 8 of 9
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`______________________________________________________________________________
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`Exhibit 1
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`I declare under penalties of perjury that the foregoing is true and correct.
`Executed on ___________________ at ___________________________.
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`UNDERTAKING PURSUANT TO CONFIDENTIALITY ORDER
`______________________________________________________________________________
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`STATE OF ___________________ )
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`) SS
`COUNTY OF _________________ )
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`I, ___________________, the undersigned, declare and say:
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`I am ___________________________________________. I am employed by
`1.
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`__________________________ as ________________________. My business address is
`______________________________; telephone number __________________.
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`2.
`I have read and understand the Stipulation of Confidentiality and Protective Order
`(the “Order”).
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`3.
`I understand that I may be receiving Confidential Information and/or Stamped
`Confidential Documents, as defined in the Order, and by executing this Undertaking I agree to be
`bound by all the provisions of the Order. I agree not to disclose Confidential Information or
`Stamped Confidential Documents to any person not entitled to receive it and agree not to use
`such information except in connection with this litigation.
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`4
`I am informed and understand, and therefore acknowledge, that I may be subject
`to contempt of court or any other penalties authorized by law or statute if I fail to comply with
`each of the provisions of the Order.
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`5.
`I consent to and accept, generally and unconditionally, the jurisdiction of the State
`of New York, or the enforcement of the provisions of the Order.
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`Subscribed and sworn to before me this
`_______ day of _______________, 201__.
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`______________________________
`Notary Public
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`My Commission Expires:
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`___________________________________
`Declarant
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`Page 9 of 9
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