IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

HAROLD KELLY MURPHY, * 

 * 

 Plaintiff, * 

 * 

v. * Case No.: 2:06-cv-618 

 * 

SOUTHERN ENERGY HOMES, INC., et al., * 

 * 

 Defendants. * 

STIPULATED PROTECTIVE ORDER

 Subject to the Court’s approval, it is by the parties, STIPULATED AND AGREED that this 

Protective Order shall control the use and disposition of any and all deposition testimony, records 

and/or information pertaining to the Southern Energy Homes, Inc.’s DAPIA print related to the wall 

construction and/or Southern Energy Homes, Inc.’s DAPIA (hereinafter collectively referred to as 

“the covered discovery”). 

. 1. Until further order of the Court, the covered discovery (including all copies thereof, 

and all information extracted therefrom and put into other documents) shall be kept confidential, and 

counsel shall not permit its disclosure to anyone other than persons identified in Paragraph 4, infra, 

and except as provided and subject to the conditions stated herein. If covered discovery is filed with 

the Court, it shall be filed under seal. 

 2. All covered discovery shall bear the legend “SUBJECT TO STIPULATED 

PROTECTIVE ORDER: CONFIDENTIAL DISCOVERY.” 

 3. The covered discovery shall be used solely for the purposes of this litigation or any 

litigation involving Southern Energy Homes, Inc. as a defendant and not for any business, 

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commercial or other purpose. This Stipulated Protective Order, however, shall not affect the 

authenticity or admissibility into evidence of covered discovery that is otherwise authenticated or 

admissible. 

 4. The covered discovery and its contents may only be disclosed to: 

 a. the Court; 

 b. any person to whom disclosure is ordered by the Court or agreed to by the 

parties; 

 c. any counsel for the parties who has entered an appearance in this litigation; 

 d. paralegals, secretaries, and attorneys employed by counsel to assist in trial 

preparation; 

 e. the parties themselves (whether represented by counsel or otherwise); 

 f. any expert witness who is not an employee of a party consulted by counsel to 

assist them in preparation of this litigation, provided that every such person 

first review this Stipulated Protective Order and agree in writing to be bound 

by its terms; 

 g. covered discovery may be shown to or discussed with, but not delivered to, 

any deponent or witness. 

 5. All covered discovery shall be maintained under the control of and accounted for by 

counsel receiving it. Upon final termination of this action, including all appeals therefrom, counsel, 

and anyone receiving covered discovery shall RETURN all covered discovery to counsel for 

Defendant within thirty (30) days of the final disposition of this matter. 

 6. If counsel for the requesting party wants to reclassify any covered discovery as not 

subject to this Order or not confidential, that counsel shall notify counsel for the producing party 

beforehand to determine whether there exists any objection to reclassification. If an objection is 

raised, counsel for the requesting party may request a ruling from the Court that such matter be 

reclassified as not Confidential – provided, however, that all such matter shall be treated as protected 

until the Court has entered its ruling. 

 7. Nothing herein shall be deemed to restrict any parties or their counsel with respect to 

their own documents or documents obtained through discovery outside of this Stipulated Protective 

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Order or through other means. 

 8. No party shall be foreclosed by this Stipulated Protective Order from seeking 

modification of this Order by agreement of the parties or by application to this Court. Unless and 

until modified, however, covered discovery shall continue to be treated as provided herein. 

 SO ORDERED THIS ______ day of _________________, 2006. 

 

 CHIEF UNITED STATES DISTRICT JUDGE 

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 Stipulated an agreed this 18th day of October, 2006. 

Respectfully submitted, 

/s C. Lance Gould 

C. Lance Gould 

C. Gibson Vance 

Beasley, Allen, Crow, Methvin, Portis & Miles 

Post Office Box 4160 

Montgomery, Alabama 36103-4160 

Telephone: (334) 269-2343 

Email: lance.gould@beasleyallen.com 

Email: gibson.vance@beasleyallen.com

Counsel for Harold Kelly Murphy 

 /s Mitchel H. Boles 

 Robert D. Segall (ASB-7354-E68R) 

 Lee H. Copeland (ASB-3461-O72L) 

 Mitchel H. Boles (ASB-0813-S69M) 

 Copeland, Franco, Screws & Gill, P.A. 

P. O. Box 347 

Montgomery, AL 36101-0347

Phone: (334) 834-1180 

Email: segall@copelandfranco.com

Email: copeland@copelandfranco.com

Email: boles@copelandfranco.com 

Attorney for Southern Energy Homes, Inc. 

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