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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. *

ORDER

Upon consideration off defendant’s motion for stipulated protective order (Doc. # 12),

filed October 18, 2006, and for good cause, it is

ORDERED that the motion be and hereby is GRANTED as follows:

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. 

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

PROTECTIVE ORDER: CONFIDENTIAL DISCOVERY.”

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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,

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 there from,

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

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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 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.

DONE, this 24th day of October, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

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