UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 1:22-CV-23074-BLOOM/OTAZO-REYES 

OCTAVIO COLLADO 

For himself and all others 

similarly situated, 

Plaintiff, 

v. 

450 NORTH RIVER DRIVE, LLC, 

D/B/A KIKI ON THE RIVER, 

RJ RIVER, LLC, and ROMAN JONES, 

Defendants. 

_______________________________________/ 

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE 

ORDER GOVERNING DISCOVERY OF CONFIDENTIAL INFORMATION 

AND DOCUMENTS 

WHEREAS, the parties have stipulated to certain discovery material as confidential; 

IT IS HEREBY STIPULATED AND AGREED as follows by and between the parties 

hereto through their respective counsel: 

1. Definitions. 

The following definitions shall apply to this Stipulated Confidentiality Agreement and 

Protective Order Governing Discovery of Confidential Information and Documents 

(“Confidentiality Agreement”): 

a. The “Litigation” shall refer to the above-captioned matter and to any other action 

consolidated at any time under that caption, and any appeal therefrom through final judgment. 

b. The terms “document” or “documents” shall mean the original or any copy or 

annexed material to any written, typewritten, handwritten, printed, graphic, photographic or 

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recorded materials, in any form, including, but not limited to, electronically stored or electronically 

generated information, or graphic material of any type, and any other similar materials, or portions 

thereof. 

c. “Confidential Document(s)” shall mean any document, material, or thing which any 

Designating Party (as defined herein) certifies to contain Confidential Information and which it 

designates as “Confidential” in any manner set forth in any part of this Stipulation and Order, 

which may include Confidential Documents already produced pursuant to the Court’s order 

requiring the parties to produce records in support of their respective positions at the Settlement 

Conference, including but not limited to documents relating to employee compensation, service 

charges, tips, tip policies, or tip pools, as well as, documents identifying customers, vendors, or 

subcontractors, either directly or indirectly. All documents, information, or materials designated 

“Confidential,” in accordance with this Stipulation and Order, shall be treated as Confidential for 

purposes of, and pursuant to, this Stipulation and Order. 

d. “Confidential Information” includes: 

 Confidential or proprietary business information, including, but not limited to, 

information concerning: proprietary information, trade secrets, marketing and 

business strategies, market information, revenue, sales, costs, profits and other 

financial data not publicly available and the names of customers, vendors, or 

subcontractors; and 

 Confidential personal information of a private nature, the public disclosure of 

which may violate recognized privacy rights or possibly expose individuals to 

identity theft or other abuse such as social security numbers, dates of birth, 

telephone numbers, addresses, and email addresses; personal and family 

medical information; payroll/pay records of individuals not parties to this 

lawsuit; personal and family financial records for non-parties including, but not 

limited to, income and distribution data, and tax forms and returns. 

e. A party shall not routinely designate material as “Confidential,” or make such a 

designation without reasonable inquiry to determine whether it qualifies for such designation. The 

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Court may consider the alleged improper designation of any material pursuant to the Court’s 

discovery dispute procedure or as otherwise directed by the Court. 

f. The parties reserve the right to designate any document that contains “Confidential 

Information” as “Confidential,” and to dispute any “Confidential” designation made by the other 

party by conferring and then, if the parties cannot resolve the issue during their conferral, by 

bringing the matter to the Court’s attention. Furthermore, the inclusion or non-inclusion of items 

in the Confidentiality Agreement shall not prejudice either party’s efforts to designate or object to 

documents being marked as Confidential. 

g. The parties reserve the right to retroactively designate documents and/or 

information as Confidential. If a party retroactively designates a document and/or information as 

Confidential, the duty to maintain the confidential nature of the document and/or information shall 

only be enforced prospectively. 

h. “Person” as used herein shall mean natural person, firm, association, organization, 

partnership, business, trust, corporation, foundation, or other public or private entity. 

i. “Designating Party” shall mean any party to the Litigation, or any other person or 

entity, that designates any document, information, or material as “Confidential” pursuant to this 

Confidentiality Agreement. 

j. “Producing Party” shall mean any party to this Litigation, or any other person or 

entity producing confidential documents, information, or other materials in the Litigation. 

k. “Legend” as used herein shall mean a stamp or similar insignia that clearly and 

unambiguously states “CONFIDENTIAL” on the document that the Producing Party deems 

confidential in a manner which will not interfere with its legibility. When any document is 

designated with a clear and obvious “Confidential” designation pursuant to this Confidentiality 

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Agreement, the Legend shall be affixed to each and every page therein containing Confidential 

Information. 

l. When reference is made in this Confidentiality Agreement to any document or 

party, the singular shall include the plural and the plural shall include the singular. 

m. “Party” or “parties” shall refer to the named parties, their counsel, agents, and 

employees, and agents and employees of the parties’ counsel. 

2. Scope of Application. 

This Confidentiality Agreement shall govern all Confidential documents and other 

information and materials generated or produced pursuant to the parties’ disclosure obligations 

(including any initial and/or supplemental disclosures) and/or in response to any formal discovery 

conducted by any party to the Litigation pursuant to the Federal Rules of Civil Procedure. This 

Confidentiality Agreement shall not restrict the use or admissibility of any evidence - including 

documents marked “CONFIDENTIAL” - at trial in this action, or in motion practice or briefing in 

this action, or the procedures for using such confidential documents or information at trial, in 

motion practice, or discovery in this action except as expressly set forth herein. 

3. Limitation on Use of Confidential Information. 

All documents, material, or information in this Litigation that are designated 

“Confidential” may be used for purposes of this Litigation, either directly or as summarized, 

including but not limited to, file management and storage; responding to discovery; in motions, 

briefs, hearings, and trial; and preparation for trial in this Litigation, and on appeal only as 

reasonably required under the circumstances (“Permitted Purpose”). 

a. With the exception of the social security number and date of birth of Defendant 

Roman Jones, Confidential Documents and/or Confidential Information and any summaries, 

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charts, or notes made therefrom, and any facts or information contained therein or derived 

therefrom and from no other source, shall be disclosed only to the Court (as provided for in 

paragraph 9 below) and to: 

i. Parties to the Litigation and the employees, officers, agents, and directors of 

such parties only to the extent necessary for the Permitted Purpose; 

ii. Counsel for the parties hereto and other employees of their respective law firms, 

which includes without limitation lawyers, paralegals, legal assistants, or other 

secretarial and clerical employees, including outside copy services, only to the 

extent necessary for the Permitted Purpose; 

iii. Independent contractors, experts, consultants, or advisors who are employed or 

retained by, or consulted about retention on behalf of, any of the parties or 

counsel for the parties hereto only to the extent necessary for the Permitted 

Purpose; 

iv. Deponents, witnesses, and/or their counsel in the course of, or in connection 

with, their testimony or potential testimony in the Litigation, including but not 

limited to deponents or trial witnesses who may be employees of a party; 

v. Stenographic reporters and/or videographers who are involved in depositions, 

the trial, or any hearings or proceeding before the Court in the Litigation;

vi. Any foreseeable witnesses in the Litigation who reasonably need to review this 

material prior to or in connection with potential testimony in the Litigation or 

rendering of any professional opinion for or in the Litigation; 

vii. The Court and any persons employed by the Court whose duties require access 

to Confidential Documents and/or Confidential Information; and 

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viii. Persons retained by the parties to the Litigation for the purpose of mediation, 

and agents and/or employees of such persons as necessary to facilitate 

mediation. 

b. Defendant Roman Jones’ social security number and date of birth shall be provided 

to Plaintiff’s counsel, Brian Pollock, in a password protected email. Thereafter, Mr. Pollock shall 

log the names of the individuals that access, view, or are provided Roman Jones’ social security 

number and date of birth and shall provide the names of those individuals to Roman Jones’ counsel 

upon final disposition of the Litigation. Mr. Pollock will disclose Roman Jones’ social security 

number and/or date of birth only to conduct a background search and shall redact Roman Jones’ 

social security number and/or date of birth from any report or documents obtained as a result of 

the background search and prior to filing or otherwise disclosing any document containing such 

information. 

c. The duty to maintain the confidentiality of documents marked Confidential 

includes refraining from any unauthorized sharing of Confidential Documents and/or Confidential 

Information in whole or in part in any manner, including but not limited to on social media and 

video sharing platforms, unless expressly permitted by this Agreement or filed in the public record 

in connection with any briefs, hearings, trial, and/or appeal as reasonably required under the 

circumstances. 

d. Plaintiff, including all opt-in plaintiffs, their counsel, and their counsel’s staff, as 

well as third parties known to Plaintiff, all opt-in plaintiffs, their counsel, and their counsel’s staff, 

are prohibited from using any Confidential Information obtained solely from Confidential 

Documents for purposes of initiating unsolicited direct communications with potential or putative 

class members until the Court approves conditional or class certification and the content, manner, 

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and method of notice. 

e. Any Designating Party who designates its own documents or information as 

Confidential pursuant to this Order may disclose such documents or information contained therein 

to any persons, with or without conditions to such disclosure, as it deems appropriate. 

f. Persons listed in subparagraphs (iii) – (viii) of this paragraph who are provided 

copies of Confidential documentation for purposes of the prosecution of this litigation shall be 

advised of the existence of this Confidentiality Agreement and the requirement that information 

designated as Confidential Information must be kept confidential. The party disclosing the 

Confidential Information continues to be responsible for compliance herewith along with the 

person to whom the information has been disclosed under this subsection. 

4. Manner or Means of Designation. 

A Designating Party may designate any document or portion thereof which contains 

Confidential Information as “Confidential” pursuant to this Confidentiality Agreement by affixing 

the legend as provided under paragraph 1(j) to any document containing, or which the Designating 

Party believes contains, Confidential Information. By designating a document or information as 

“Confidential” the party making the designation is certifying to the Court that there is a good faith 

basis both in law and in fact for the designation. If, through inadvertence, a Producing Party 

produces any document or portion thereof which contains Confidential Information but fails to 

designate the document as “Confidential” pursuant to this Confidentiality Agreement, the 

Producing Party may provide written notice to opposing counsel of the inadvertent omission, 

whereupon such documents shall become “Confidential,” and the Producing Party will re-produce 

a copy of said discovery with the original bates stamp number and the “Confidential” designation. 

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5. Designation of Documents Produced by Third Parties. 

Any Third Party may designate as “Confidential” any document produced or disclosed by 

them, provided that such document contains Confidential Information of a Designating Party. If 

a party to this action seeks to designate documents produced by a Third Party as “Confidential,” 

said party must confer with counsel for the other respective party and if no agreement can be 

reached concerning the “Confidential” designation, said party must file a Motion for Protective 

Order (or comply with the Court’s procedure if different) to enforce its request for Confidential 

designation. 

6. Designation of Transcripts. 

a. In the case of Confidential Information being discussed or introduced as an exhibit 

during a deposition or hearing, counsel may assert that the area of inquiry be designated as 

Confidential before, during, or after the testimony is elicited or exhibit is introduced, after which 

the applicable portion of a transcript and/or exhibit, shall be affixed with the appropriate Legend 

to the cover page and all appropriate pages of the transcript and/or exhibit, and to each copy 

thereof. 

b. If all or any portion of a deposition or hearing transcript has not previously been 

designated as “Confidential” prior to its preparation by the stenographer, counsel for a party may 

alternatively designate the specific deposition or hearing transcript or a portion thereof, disclosing, 

containing, or referring to any Confidential Document or Confidential Information hereunder as 

“Confidential” by informing counsel for all other parties to this action in writing as to the specific 

pages deemed Confidential, and thereafter such pages shall constitute Confidential Documents 

pursuant to this Confidentiality Agreement. Upon receipt of such notice, any party in possession 

of copies of such designated transcript shall affix the appropriate Legend thereto. 

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7. Objections to Designation. 

Any party (the “requesting party”) may at any time request in writing (which includes 

through electronic correspondence to counsel of record) that any information, document, 

transcript, or portion thereof previously designated as “Confidential” be released from the 

requirements of this Confidentiality Agreement, and, unless otherwise agreed in writing, the 

requesting party and the Designating Party shall confer by telephone or videoconference within 

fifteen (15) business days of a written request. If an agreement cannot be reached by negotiation 

and the Court has not provided for a different procedure to handle such disputes, then the party 

seeking to maintain the confidentiality of the document(s) or information at issue must make an 

application for a ruling from the Court on the continued application of the “Confidential” 

designation of such information or document within fifteen (15) business days after the parties’ 

conferral. The burden of proving that the designated information should be maintained as 

Confidential remains with the party asserting such confidentiality. If such application is made, the 

information or document shall be submitted to the Court under seal for the Court’s review by the 

party seeking to maintain its confidentiality, and the terms of this Confidentiality Agreement shall 

continue to apply to such information or document and until such time as the Court orders 

otherwise, the parties shall continue to treat such information or document as “Confidential.” If 

such an application is not made within fifteen (15) business days after the conferral (unless the 

Court has provided a different procedure), the document or information in dispute shall no longer 

be deemed Confidential Information. The above procedure shall not preclude application to the 

Court on a more expedited basis as circumstances warrant. 

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8. Inadvertent Production of Privileged Material. 

Inadvertent disclosures of documents containing attorney-client, work product, or other 

privileged information shall be addressed in accordance with Federal Rule of Evidence 502(b), 

and as agreed to by the parties in the Joint Scheduling Report and Discovery Order, section K(2). 

9. Protective Orders/Objections Not Waived. 

The foregoing is without prejudice to the right of any party to this Confidentiality 

Agreement: 

(a) to apply to the Court for a protective order relating to any Confidential Information or 

relating to any discovery in this litigation; 

(b) to resist or compel discovery with respect to, or seek to obtain additional or different 

protection for, discovery material claimed to be protected work product or privileged under state 

or federal law, material as to which the Producing Party claims a legal obligation not to disclose, 

or material not required to be provided pursuant to federal law; 

(c) to seek to modify or obtain relief from any aspect of this Confidentiality Agreement; 

(d) to object to the use, relevance, or admissibility at trial or otherwise of any discovery 

material, whether or not designated in whole or in part as Confidential Information subject to this 

Confidentiality Agreement. 

10. Subpoena of Confidential Documents. 

If at any time any document or information protected by this Confidentiality Agreement is 

subpoenaed by any court or administrative or legislative body or is requested by any other person 

or entity with authority to require the production of such information, the burden shall be on the 

party who designated the information “Confidential” to timely file a motion for a protective order 

prior to the deadline for production stated in the subpoena. 

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11. Continuation of Protection After Disposition. 

a. The termination of proceedings in the Litigation shall not relieve the parties from 

the obligation of maintaining the confidentiality of all Confidential Documents and Confidential 

Information produced and designated pursuant to this Confidentiality Agreement, unless the Court 

orders or permits otherwise. 

b. Within sixty (60) days of the final disposition of the Litigation, all originals or 

copies of any Confidential Document or Confidential Information, including documents or 

information electronically stored, shall be destroyed, or upon written request from the Producing 

Party, returned to the Producing Party from whom it was obtained. Counsel for the respective Party 

shall certify in writing upon request that such Confidential Information has been destroyed or 

returned. 

12. Court Order on Pending Issue 

The Court shall subsequently enter an order addressing the only issue that remains 

presently pending between the parties regarding this Agreement, which involves the duration that 

counsel for the parties can retain all pleadings, motion papers, discovery, discovery responses, 

drafts thereof, transcripts, expert reports, legal memoranda, correspondence, and/or attorney work 

product following the conclusion of the Litigation. 

IT IS SO ORDERED. 

For good cause shown, the foregoing Confidentiality Agreement shall be the Order of this 

Court. 

Dated: June ___, 2023 

___________________________________ 

ALICIA M. OTAZO REYES 

UNITED STATES MAGISTRATE JUDGE 

cc: All counsel of record 

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