WILBON v. SUNBELT MODULAR INC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
BARBARA WILBON,
Plaintiff,
V.
SUNBELT MODULAR, INC.;
SOUTHEAST MODULAR MFG.,
ELLAVILLE d/b/a PROMOD
MANUFACTURING
Defendants.
)
)
)
)
)
) 	CIVIL ACTION NO.:
) 	l :25-cv-00098-WLS
)
)
)
)
)
)
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STIPULATED PROTECTIVE ORDER
The parties to this Stipulated Protective Order have agreed to the terms of this
Order; accordingly, it is ORDERED:
1. Scope. All documents produced in the course of discovery, including initial
disclosures, 	all responses 	to 	discove1y requests, 	all 	deposition testimony 	and
exhibits, other materials which may be subject to restrictions 011 disclosure for good
cause 	and 	information 	derived 	directly 	therefrom 	(hereinafter 	collectively
"documents"), shall be subject to this Order concerning confidential information as
set forth below. As there is a presumption in favor of open and public judicial
proceedings in the federal courts, this Order shall be strictly constrned in favor of
public disclosure and open proceedings wherever possible. The Order is also subject
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to the Local Rules of this District and the Federal Rules of Civil Procedure on matters
of procedure and calculation of time periods.
2. Form and Timing of Designation. A patty may designate documents as
confidential and restricted in disclosure under this Order by placing or affixing the
words "CONFIDENTIAL" or on the document in a manner that will not interfere
with the legibility of the document and that will permit complete removal of the
CONFIDENTIAL designation. Documents shall be designated CONFIDENTIAL
prior to or at the time of the production or disclosure of the documents. When
electronically stored information is produced which cannot itself be marked with the
designation CONFIDENTIAL, the physical media on which such electronically
stored info1n1ation is produced shall be marked with the applicable designation. The
party receiving such electronically stored info1111ation shall then be responsible for
labeling any copies that it creates thereof, whether electronic or paper, with the
applicable designation. By written stipulation the parties may agree temporarily to
designate original documents that are produced for inspection CONFIDENTIAL,
even tho\1gh the original docun1ents being produced have not themselves been so
labeled. All information learned in the course of such an inspection shall be protected
in accordance with the stipulated designation. The copies of documents that are
selected for copying during such an inspection shall be marked CONFIDENTIAL,
as required under this Order and thereafter the copies shall be subject to protection
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under 	this 	Order 	in 	accordance 	with 	their 	designation. 	The 	designation
CONFIDENTIAL does not mean that the document has any status or protection by
statute or othe1wise except to the extent and for the purposes of this Order.
3. Subject Matter That May Be Designated
(a) Documents That May be Designated CONFIDENTIAL. As used in this
Order, 	"Confidential 	Information" 	means 	information 	designated 	a
"CONFIDENTIAL" by the producing party that falls within one or more of the
following categories: (a) 	infon11ation prohibited from disclosure by statute; (b)
infon11ation 	that reveals 	trade 	secrets; 	(c) 	research, 	technical, 	commercial 	or
financial 	infon11ation that the party has maintained as confidential; ( d) medical
information concen1ing any individual; 	(e) personal identifying infon11ation; (f)
income tax returns (including attached schedules and fon11s), W-2 fon11s and 1099
fonns; (g) personnel or employment records of a person who is not a party to the
case. Infonnation or documents that are available to the public may not be designated
as Confidential Info1mation. All parties agree that the designation of material as
confidentialshall be made by a party only after a bona fide detern1ination that the .
material 	is, in fat, a trade secret or other confidential, privileged, commercial,
personal identifying, or othetwise non-public information.
4. Depositions. 	Deposition testimony is protected by this Order if, (1) such
designation is made on the record during the deposition; or (2) within fifteen (15)
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days of the receipt of the transcript, a designating party provides notice, in writing,
to all parties identifying the specific portions of the transcript that are designated
CONFIDENTIAL, and that designation is still subject to the same challenge process
provided herein.
5. Protection of Confidential Material.
(a) General Protections. Documents designated CONFIDENTIAL
under this Order shall not be used or disclosed by the parties, counsel for the
parties or any other persons identified in ~ 5(b) for any purpose whatsoever
other than to prepare for and to conduct discovery and trial in this action,
including any appeal thereof.
(b) Limited Third-Party Disclosures. The parties and counsel for the
parties shall not disclose or pennit the disclosure of any CONFIDENTIAL
documents to any third person or entity except as set forth in subparagraphs
(1)-(6) of this subparagraph (b). Subject to these requirements, the following
categories of persons may be allowed to review documents that have been
designated CONFIDENTIAL:
(1) Counsel. Counsel for the parties and employees and agents
of counsel who have responsibility for the preparation and trial of the
action;
(2) Parties. Parties and employees of a party to this Order.
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(3) 	Court Reporters 	and 	Recorders. 	Court 	reporters 	and
recorders engaged for depositions;
(4) 	Consultants, Investigators 	and 	Experts. 	Consultants,
investigators, 	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 this action or proceeding, but only after such
persons have completed the certification contained in "Attachment A",
Acla1owledgment of Understanding and Agreement to Be Bound;
(5) Fact witnesses, when confidential information is disclosed
during the course of a deposition or at any litigation proceeding in this
case; and
(6) Others by Consent. Other persons only by written consent
of the producing party or upon 	order 	of the 	Court and on such
conditions as may be agreed or ordered. All such persons shall execute
the certification contained in "Attachment A", Aclmowledgment of
Understanding and Agreement to Be Bound, and provide a copy of
same to the producing party and permit the producing patty to object
within five 	(5) 	business days 	before disclosing 	CONFIDENTIAL
material to such person. If the patties cannot resolve a dispute, the
producing party bears the burden to seek protection from the Court.
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Until the dispute is resolved, no CONFIDENTIAL material shall be
disclosed to such person.
(c) 	Control 	of 	Documents. 	Counsel 	for 	the 	patties 	shall 	take
reasonable and appropriate measures to prevent unauthorized disclosure of
documents designated as CONFIDENTIAL pursuant to the terms of this
Order. Counsel shall maintain the originals of the forms signed by persons
acknowledging their obligations under this Order for a period of one (1) year
after dismissal of the action, the entry of final judgment and/or the conclusion
of any appeals arising therefrom.
(d) Copies. Prior to production to another patty, all copies, electronic
images, duplicates, extracts, summaries or descriptions (hereinafter refen-ed
to collectively as "copies") of documents designated as CONFIDENTIAL
under this Order, or any individual portion of such a document, shall be
affixed with the designation "CONFIDENTIAL" if the word does not already
appear on the copy. 	All such copies shall thereafter be entitled 	to 	the
protection 	of this Order. 	The 	term 	"copies'' 	shall 	not 	include indices,
electronic databases or lists of documents provided these indices, electronic
databases or lists do not contain substantial po1tions or images of the text of
confidential documents or othe1wise disclose the substance of the confidential
information contained in those documents.
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(e) Inadvertent Production. Inadvertent production of any document
or information without a designation of CONFIDENTIAL shall be returned
immediately after it becomes known to the receiving party that the document
was inadvertently produced based upon how the document appears on its face
or upon notice of the inadvertent production within fifteen (15) days of such
production. In all other circumstances, Fed. R. Civ. P. 26(b)(5)(B) and Fed.
R. Evid. 502 shall apply.
6. Filing of CONFIDENTIAL Documents Under Seal. This Order does not,
standing alone, authorize the filing of any document under seal. Any paiiy wishing
to file a document designated as CONFIDENTIAL in connection with a motion,
brief or other submission to the Court must comply with Local Rule 5.4.
7. Challenges by a Party to Designation as Confidential. Any designation
of CONFIDENTIAL is subject to challenge by any paiiy or non-patiy with standing
to object (hereafter "party"). Before filing in Court any motions or objections to a
confidentiality designation, the objecting party shall have an obligation to meet and
confer in a good faith effoti to resolve the objection by agreement. Ifagree1nent is
reached confirming or waiving the designation of CONFIDENTIAL as to 	any
documents subject to the objection, the designating party shall serve on all patiies a
notice specifying the documents and the nature of the agreement.
8. Action by the Court. Applications to the Comi for an order relating to any
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documents designated CONFIDENTIAL shall be by motion under Local Rule 7.1
and any other procedures set forth in the presiding judge's standing orders or other
relevant orders. Nothing in this Order or any action or agreement of a party under
this Order limits the Court's power to make any orders that may be appropriate with
respect to the use and disclosure of any documents produced or used in discove1y or
at trial.
9. Use of Confidential Documents or Information at Trial. All trials are
open to the public. Absent order of the Court, there will be no restrictions on the use
of any document that may be introduced by any party during the trial. If a party
intends 	to present at trial CONFIDENTIAL documents or information derived
therefrom, such party shall provide advance notice to the other paiiy at least five (5)
days before the commencement of trial or by the deadline set by the pretrial order or
any other order of the Court, by identifying the documents or information at issue as
specifically as possible (i.e., by Bates number, page range, deposition transcript
lines, 	etc.) 	without 	divulging 	the 	actual 	CONFIDENTIAL 	documents 	or
infon11ation. The Court may thereafter issue .any order necessaiy to govern the use
of such documents or information at trial.
10. Obligations on Conclusion of Litigation.
(a) Order Remains in Effect. Unless otherwise agreed or ordered, this
Order shall remain in force after dismissal or entry of final judgment not
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subject to further appeal.
(b) Return of CONFIDENTIAL Documents. Within thirty days after
dismissal 	or 	entry 	of final judgment not 	subject 	to 	further 	appeal, 	all
documents treated as CONFIDENTIAL under this Order, including copies as
defined in ~ S(d), shall be returned to the producing party unless: (1) the
document has been offered into evidence or filed without restriction as to
disclosure; (2) the parties agree to destruction in lieu of retun1; or (3) as to
documents bearing the notations, summations, or other mental impressions of
the receiving party, that party elects to destroy the documents and certifies to
the 	producing 	party 	that 	it 	has 	done 	so. 	Notwithstanding 	the 	above
requirements to return or destroy documents, counsel may retain attorney
work product, including an index which refers or relates to 	information
designated CONFIDENTIAL, so long as that work product does not duplicate
verbatim substantial portions of the text or images of confidential documents.
This work product shall continue to be CONFIDENTIAL under this Order.
An atton1ey may use his of her work product in a s1.1bsequent litigation
provided that its use does not disclose or use CONFIDENTIAL documents.
(c) Return of Documents Filed under Seal. After dismissal or ent1y
of final judgment not subject to futiher appeal, the Clerk may elect to return
to counsel for the parties or, after notice, destroy documents filed or offered
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at trial under seal or otherwise restricted by the Court as to disclosure.
11. 	Order 	Subject 	to 	Modification. 	This 	Order 	shall 	be 	subject 	to
modification by the Court on its own 1notion or on motion of a party or any other
person with standing concerning the subject matter. Motions to modify this Order
shall be served and filed under Local Rule 7.1 and the presiding judge's standing
orders or other relevant orders.
12. No Prior Judicial Determination. This Order is entered based on the
representations and agreements of the parties and for the purpose of facilitating
discovery. Nothing herein shall be construed or presented as a judicial determination
that any documents or information designated CONFIDENTIAL by counsel or the
parties is subject to protection under Rule 26(c) of the Federal Rules of Civil
Procedure or otherwise until such time as the Cami may rule on a specific document
or issue.
13. Persons Bound. This Order shall take effect when entered and shall be
binding upon all counsel and their law fin11s, the pa1iies, and persons made subject
to this Order by its tenns.
IT IS SO ORDERED.
Dated: lt/2-2.../2oi_5
W. LOUIS SANDS, SR. JUDGE
United States District Cami
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ATTACHMENT A
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
BARBARA WILBON,
Plaintiff,
v,
SUNBELT MODULAR, INC.;
SOUTHEAST MODULAR MFG.,
ELLAVILLE d/b/a PROMOD
MANUFACTURING
)
)
)
)
)
) 	CIVIL ACTION NO.:
) 	1:25-cv-00098-WLS
)
)
)
)
)
Defendants. 	)
_______________ )
ACKNOWLEDGMENT OF UNDERSTANDING
AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective
Order dated ____ , 2025, in the above-captioned action and attached hereto,
understands the terms thereof, and agrees to be bound by its te1n1s. The undersigned
submits to the jurisdiction of the United States District Court for the Middle District
of Georgia in matters relating to the Protective Order and understands that the terms
of 	the 	Protective 	Order 	obligate 	him/her 	to 	use 	documents 	designated
CONFIDENTIAL in accordance with the Order solely for the purposes of the above-
captioned action, and not to disclose any such documents or information derived
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directly therefrom to any other person, fi1111 or concern.
The undersigned acknowledges that violation of the Protective Order may
result in penalties for contempt of comt.
Name:
Job Title:
Employer:
Business Address: -------------------
Date:
Signature
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