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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO.: 9:22-cv-81883- RAR

BRITTANY ROBERSON, REBECCA

FREEMAN, BIANCA VIÑAS, TIFFANY 

KING, and TRESHA THOMPSON, 

individually and on behalf of others 

similarly situated, 

Plaintiffs,

v.

HEALTH CAREER INSTITUTE LLC (dba

HCI COLLEGE LLC and HCI ACQUISITION LLC),

FLORIAN EDUCATION INVESTORS LLC, and

STEVEN W. HART, 

Defendant(s)

CONFIDENTIALITY STIPULATION

The Parties to this action recognize that discovery requests have been made which call 

upon the party to whom the request is directed to divulge information that the party considers 

confidential. In order to expedite the flow of discovery material, promote the prompt resolution of 

disputes over confidentiality, and to facilitate the preservation of the confidentiality of the material 

deemed worthy of protection: 

IT IS HEREBY STIPULATED AND AGREED by all the Parties, through their 

respective undersigned counsel, that: 

1. This Stipulation governs the handling of all information contained in documents, 

deposition testimony, deposition exhibits, answers to interrogatories, requests for admissions, and 

other written, recorded or graphic matter produced or obtained by any party during all the 

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proceedings in this action. Any party may designate as confidential, as well as code for and redact, 

any documents produced, prior to the execution of this Stipulation and such document(s) shall be 

subject to the Stipulation. The designating party shall identify each such document to be designated 

as confidential by the date produced, manner of production, Bates number, description of the 

document, or other identifying characteristic. This Stipulation does not restrict a party’s use of 

material that they obtain from any third party, subject to any further agreement. However, any 

attorney may designate third party production as confidential if so stamped or specified in writing 

and the other party is advised of such designation.

2. A party producing discovery material or other party may designate all or any 

portion of such discovery material as “Confidential”, indicating that such material contains 

information that is sensitive financial and business information, proprietary information, trade 

secrets, personal information regarding non-parties and information that is personal and private, 

or otherwise confidential, to be treated in accordance with the provisions of this Stipulation (as 

“Confidential Material”). The designation of confidential may be made by stamping or affixing 

“Confidential” onto any document (in such a manner as will not interfere with the legibility 

thereof), by specifying in writing that the material is confidential by sending a written 

communication to counsel for the other party or parties so designating such material, on the record 

at a deposition or other proceeding, or by any other reasonable means agreed to by the Parties in 

writing. A producing party may further code and/or redact all or any part of such discovery 

material, and any such coded or redacted material shall be treated as Confidential Material pursuant 

to the provisions of this Stipulation. 

3. A producing party must use reasonable care to limit any Confidentiality designation 

to specific material. The producing party must designate for protection only those parts of material, 

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documents, items, or oral or written communications that qualify—so that other portions of the 

material, documents, items, or communications for which protection is not warranted are not swept 

unjustifiably within the ambit of this Order.

4. Confidential Material shall not be used for any purpose other than for the defense 

or prosecution of this action in accordance with the provisions of this stipulation and shall not be 

discussed or disclosed to any person except as specifically agreed in this Stipulation.

5. Confidential Material shall not be disclosed to or discussed with any person except: 

a. The Parties, the undersigned counsel for the Parties, and the employees of such 

counsel (including legal assistant, paralegals, court reporters and other persons 

employed and supervised by such counsel);

b. Designated experts or paid and retained consultants specifically hired by a party or 

parties to this action for the purpose of giving advice or testimony in this action 

provided that said Confidential Material may not be disclosed to such designated 

experts or paid and retained consultants for any other purpose whatsoever;

c. Any person who is deposed or testified during such person’s deposition or 

testimony and preparation therefore and at no other time and only such information 

as is necessary for the preparation of the taking of the deposition;

d. The Court;

e. Other persons only upon written consent of the party or parties whose Confidential 

Material is to be reviewed or as duly ordered by the Court; 

f. Nothing herein shall preclude any party from using document(s) at trial; 

g. Nothing herein shall preclude any party from producing documents to any federal 

or state regulators in connection with a regulatory or investigative action in the 

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event of a subpoena or similar formal request. That said, absent a specific subpoena

or similar formal request, and notice to Defendants, Confidential Material shall not 

be informally produced to the CFPB, which previously filed a Notice in this matter;

h. Nothing herein shall preclude any party from moving for any other restrictions on 

disclosure it deems necessary. 

Each person referred to in subparagraphs 5(b),(c), and (e) of this Stipulation, who is given 

access to a party or the Parties’ Confidential Material shall sign a statement that he/she has 

read a copy of this Stipulation and agrees to be bound by its provisions or instructions shall 

be provided on the record during a deposition.

6. In the event that counsel for any party determines to file or submit to the Court any 

Confidential Material or any papers containing or making reference to such material or 

information, such documents shall be filed in accordance with the Court’s orders regarding 

confidential materials or information and if none is provided, the party shall file only in sealed 

envelopes on which shall be endorsed the caption of the appropriate action and a statement 

substantially in the following form:

CONFIDENTIAL

This envelope contains confidential documents that are subject to a Confidentiality 

Stipulation governing the use of confidential discovery material. The envelope shall 

not be opened or the contents thereof displayed or revealed except by order of the 

Court. 

7. Promptly upon conclusion of this action and any appeals thereof, all Confidential 

Material supplied by any party and all copies, summaries or other compilations thereof shall be 

returned to the party which produced such material or such Confidential Material shall be certified 

to have been destroyed; provided, however, that the parties and their counsel may retain copies of 

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briefs and other papers filed with the Court which contain or constitute Confidential Material, so 

long as such briefs and other papers are maintained in accordance with the provisions hereof. 

8. Any Confidential Material that is inadvertently produced without notice or 

identification as to its confidential nature provided in paragraph 2 of this Stipulation, may so be 

designated by the producing party or any party within a reasonable period following discovery that 

the Confidential Material has been produced without such designation. 

9. This Stipulation is without prejudice to the right of any party to seek relief from or 

modification of any provision contained herein by appropriate motion. 

So stipulated on behalf of the respective parties on June 26, 2023.

By: /S/ Michael J. Carney By: /S/ Nicole Mayer

MICHAEL J. CARNEY (FBN 44326) NICOLE C. MAYER 

BARBARA FOX (FBN 155608) Florida Bar No. 012035

MJC-KD@kubickidraper.com Nicole@MayerLawFlorida.com

BF-KD@kubickidraper.com Mayer Law PLLC

KUBICKI DRAPER 171 Dommerich Drive

110 East Broward Boulevard, Suite 1400 Maitland, Florida 32751

Ft. Lauderdale, Florida 33301 (352) 494-3657

Direct Line: (954) 713-2323

Attorneys for Defendants REBECCA EISENBREY

(pro hac vice)

ERIC SCHMIDT

(pro hac vice)

VICTORIA ROYTENBURG

(pro hac vice)

Project on Predatory Student Lending

769 Centre Street, Suite 166

Jamaica Plain, MA 02130

(617) 390-2669

Attorneys for Plaintiffs

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