IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

GRADY CLIFFORD SMITH, )

)

Plaintiff, )

)

vs. ) CIV. ACT. NO. 2:06cv745-WKW

)

HYUNDAI MOTOR )

MANUFACTURING ALABAMA, LLC, )

)

Defendant. )

PROTECTIVE ORDER

Now pending before the court is the parties’ joint motion for a protective order (doc.

# 14). Upon consideration of the motion, and for good cause, it is

ORDERED that the motion for a protective order (doc. # 14) be and is hereby

GRANTED. 

Pursuant to Federal Rule of Civil Procedure 26(c), for good cause shown and by

agreement of all parties, it is further ORDERED as follows:

1. The purpose of this Protective Order is to protect from general disclosure

information which is ordinarily and customarily regarded as confidential and/or proprietary

by plaintiff Grady Clifford Smith and defendant Hyundai Motor Manufacturing Alabama,

Inc. (“HMMA”) (collectively the “parties”). Control and distribution of all material covered

by this Protective Order shall be the responsibility of the attorneys of record, and no copies

of any protected information shall be made, furnished, or disclosed to any other person, firm,

or corporation except as provided herein.

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2. The information and documents that are produced in this case by the parties

shall be utilized in this case only and said information or documents shall not be disclosed

to anyone other than the following:

(a) Counsel representing the parties in this litigation, including counsel or

any other legal staff personnel who are employed by a party and are participating in litigation

on behalf of a party;

(b) direct employees of counsel representing the parties in litigation;

(c) any party or director, officer, employee, consultant, or representative

of any party or attorney for a party who is either required by such party or requested by

counsel to assist with this litigation;

(d) expert consultants and expert witnesses including without limitation

accountants, analysts, consultants, or engineers and employees or assistants under the control

of any of the foregoing, who are engaged by counsel for the purpose of this litigation;

(e) actual witnesses or deponents as provided in paragraphs 6 and 7;

(f) such other persons as may be specifically designated by the Court.

3. Upon the production of confidential information or documents, counsel for the

other parties shall undertake sufficient measures and safeguards to protect the security of said

records within his or her possession and shall not show or reveal its contents to associates,

other employees, witnesses, or anyone else who is not involved in this case. Counsel for the

other parties shall also maintain a list of the names of all persons to whom the confidential

records have been disclosed further designating that each recipient has agreed to comply with

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this Protective Order.

4. Confidential records shall not be photocopied, scanned, taped or filmed by

anyone other than the parties identified in paragraph 2 above and their respective legal staff

(and/or third party copy vendors who agree to abide by the terms of this Protective Order),

and the records shall not be distributed outside the custody and control of the parties

identified in paragraph 2 above. Whenever confidential records have been disclosed to those

parties identified in paragraph 2 above, counsel shall provide the recipient with a copy of this

Protective Order and shall explain the contents thereof to sufficiently familiarize that person

or persons of the confidential nature of the information and the scope of this Protective Order

and shall secure that person’s agreement to protect the confidentiality of the information and

documents and to abide by the terms of this Protective Order by requiring that person or

persons to execute the acknowledgement form attached as Exhibit A. 

5. Confidential information and documents subject to this Protective Order should

not be filed with the Clerk of the Court except when required in connection with motions

under the Federal Rules of Civil Procedure or other matters pending before the Court. Any

such protected documents filed with the Court shall be filed in sealed envelopes or other

sealed containers that shall bear the caption of this action, an indication of the nature of the

contents of such sealed envelope or container, the word “Confidential” and a statement

substantially stating that the envelope or container is not to be opened, nor the contents

thereof to be displayed or revealed, except by express order of the Court.

6. Subject to the provisions of this Protective Order, a deponent during a

deposition may be shown, and examined about, confidential records. To the extent

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necessary, confidential information within the deposition transcript may be designated as

confidential and safe guarded by placing the protected testimony under seal and/or by

undertaking other measures to protect the confidential information, any exhibits which

contain confidential information may remain under the care and custody of counsel. 

7. In the event counsel for any other party seeks to introduce confidential records

during the trial of this case, counsel will inform the Court of this intent, and the Court will

review the document’s confidentiality and make arrangements for the document’s

confidentiality to be protected. Any such document utilized as exhibits at trial, whether

admitted into evidence, will be impounded by order of this Court to be returned immediately

following final judgment as provided herein.

8. Upon the conclusion of this litigation by an Order which has become final due

to the expiration of time for appeal or rehearing or due to the denial of rehearing, or in the

event that the parties settle their dispute, all confidential and protected documents covered

by the protective order, including all copies of such documents, summaries of such

documents, documents containing extracts from such documents, or documents taking

information for such protective documents shall be within thirty (30) days after the

conclusion of this action either (1) destroyed by counsel and or their legal staff with written

verification being provided to HMMA’s counsel as to the destruction of said records or (2)

returned to HMMA’s counsel who will retain said documents for five years. 

9. The parties may within fifteen (15) days of receipt of any protected information

or document apply by motion to the Court for a ruling that such document (or category of

documents) is not entitled to such status and protection. The non-moving party shall be

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given notice of the application and an opportunity to respond.

10. The parties shall have the right to disclose protected information or documents

designated pursuant to paragraph one (1) of this Protective Order as they deems appropriate.

It is hereby further ORDERED that this Court shall retain jurisdiction to enforce the

provisions of this Order and to make such amendments, modifications, and additions to this

Order as the Court may deem appropriate upon notice to the parties and good cause shown.

Done this 17th day of April, 2007.

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

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